Loading...
M-4/14/1992 I I I 223 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 14, 1992 A meeting of the Santa Monica City Council was called to order by Mayor Genser at 7: 40 P.M. on Tuesday, April 14, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz (arrived at 7:45 P.M.) Councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: city Manager John Jalili City Attorney Robert M. Myers city Clerk Clarice E. Dykhouse Councilmember Vazquez led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 5-A: IMPLEMENTATION SCHEDULE/TASK FORCE ON HOMELESSNESS: Council asked questions of staff. Councilmember Zane moved to approve the proposed implementation schedule and steps outlined in the staff report and return in July with a report regarding lockers and storage space for goods and study the trailer park site as a possible option. Second by Mayor Genser. Mayor Genser moved to amend the motion and request staff to ask each department, during their budget preparation process, to comment on whether or not they have the capacity to hire homeless people. The motion was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 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. Mayor Pro Tempore Abdo moved to approve the Consent Calendar, with the exception of Item Nos. 6-A, 6-D, 6-J, 6-M, and 6-N, reading resolutions and ordinances by title only and waiving further reading thereof. Item No. 6-0 was withdrawn at the request of staff. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-B: EXEMPTIONS FROM INCLUSIONARY REQUIREMENT: Ordinance No. 1618 (CCS) enti tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGARDING APPLICABILITY OF 1990 REVISIONS TO 1 April 14, 1992 224 CHAPTER 4A OF THE SANTA MONICA MUNICIPAL CODE," was adopted on second reading. 6-C: ASSESSMENT DISTRICT/STREET RESURFACING PROGRAM: Resolution I No. 8376 (CCS) entitled: itA RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON MAY 12, 1992, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE GUTTERS, STREET RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIR AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREAS AND APPURTENANT WORK ON VARIOUS CITY STREETS, IN CONJUNCTION WITH THE FY 1991-92 STREET RESURFACING PROGRAM, AS SHOWN ON CITY DRAWING NO. 6026, IN THE CITY OF SANTA MONICA," was adopted, thereby setting a public hearing date of May 12, 1992. 6-E: FINAL SUBDIVISION MAP/PARCEL NO. 22809/CONDOMINIUMS/849 14TH STREET: Resolution No. 8377(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 22809 FOR A PROJECT AT 849 14TH STREET," was adopted, thereby approving a 4-unit condominium project at 849 14th street. 6-F: FINAL SUBDIVISION MAP/TRACT NO. 23156/TPC-169/2912 3RD STREET: Resolution No. 8378(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 23156," was adopted, thereby approving a 4-unit tenant participating conversion at 2912 3rd street. I 6-G: FINAL SUBDIVISION MAP/TRACT NO. 48660/TPC-100/1649 APPIAN WAY: Resol ution No. 8379 (CCS ) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48660," was adopted, thereby approving a 14-unit tenant participating conversion at 1649 Appian Way. 6-H: FINAL SUBDIVISION MAP/TRACT NO. 49395/CONDOMINIUMS/846 21ST STREET: Resolution No. 8380(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49395 FOR A PROJECT AT 846 21ST STREET," was adopted, thereby approving a 5-unit condominium project at 846 21st Street. 6-I: FINAL SUBDIVISION MAP/TRACT NO. 50177/TPC-129/1524 10TH STREET: Resolution No. 8381(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50177, n was adopted, thereby approving a la-unit tenant-participating conversion at 1524 lOth Street. 6-K: RESTORATION/BILLIARD BUILDING/SANTA MONICA PIER: An additional $175,617 was allocated to Unique Builders, contract No. 5773(CCS), for completion of the restoration of the Billiard I Building on the Santa Monica Pier. 2 April 14, 1992 I I I 225 6-L: KIDS DAY PARADE: Resolution No. 8383 (CCS) entitled: t1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON JUNE 6, 1992, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was adopted. END OF CONSENT CALENDAR 6-A: MINUTES APPROVAL: Presented for approval were the city Council minutes of March 17 and March 24, 1992. Mayor Pro Tempore Abdo moved to approve the City Council minutes of March 17, and March 24, 1992. Second by Councilmember Vazquez. Discussion was held. Mayor Pro Tempore Abdo moved to amend her motion to approve the City Council minutes of March 17, 1992, as corrected to show that the meeting adjourned at 12:00 A.M. not 12:00 P.M., and the city Council minutes of March 24, 1992, as presented. Second by Councilmember Vazquez. The motion was approved, councilmemher Katz and Mayor Genser abstained. 6-D: CONTRACT/PLUMBING/SMOKE DETECTION/SPRINKLER SYSTEMS/CIVIC AUDITORIUM: Presented was the staff recommendation to allocate an additional $17,453 to West World, Inc., contract No. 5569, for the plumbing, smoke detection and sprinkler systems at the Civic Auditorium. Member of the public Nicholas Charles expressed his concerns. Mayor Pro Tempore Abdo moved to allocate additional funds in the amount of $17,453 to provide for the plumbing, smoke detection, and sprinkler systems at the Civic Auditorium. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-J: FINAL SUBDIVISION MAP/TRACT NO. 50421/TPC-137/118 WADSWORTH AVENUE: Presented was a resolution accepting and approving a Final Subdivision Map for Tract No. 50421 for a 9-unit tenant-participating conversion project at 118 Wadsworth Avenue. Mayor Genser declared a possible conflict of interest and excused himself from deliberations on this item. Councilmember Katz moved to adopt Resolution No. 8382(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50421, II reading by title only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Katz, Holbrook, Abdo Absent: Mayor Genser At 8:15 P.M., Council adjourned for a short recess. reconvened at 8:22 P.M. with all members present. council 6-M: MODIFICATION OF PLANNING, ZONING AND LAND USE FEES: Presented was a resolution modifying planning, zoning and land use fees. Mayor Pro Tempore Abdo moved to adopt Resolution No. 8384 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE 3 April 14, 1992 226 CITY OF SANTA MONICA MODIFYING PLANNING, ZONING AND LAND USE FEES," reading by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approved by the I following vote: Council vote: unanimously approved 7-0 6-N: JOB TRAINING PARTNERSHIP AC~: Presented was a resolution supporting increased Job Training Partnership Act funding for Santa Monica. Council asked questions of staff. Councilmember vazquez moved to adopt Resolution No. 8385 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING INCREASED JOB TRAINING PARTNERSHIP ACT FUNDING FOR SANTA MONICA," reading by title only and waiving further reading thereof. Second by councilmember Holbrook. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 7-0 6-0: LEASE AGREEMENT/OFFICE SPACE/1410 SECOND STREET/ ENVIRONMENTAL PROGRAMS DIVISION & ENVIRONMENTAL EDUCATION CENTER: The recommendation to authorize the City Manager to negotiate and execute a lease agreement for office space at 1410 Second Street for the City's Environmental programs Division and Environmental Education Center was withdrawn at the request of staff. 7-A: APPEAL/TPC-190/TTM 50953/1133 15TH STREET: Presented was the appeal of Planning Commission denial of TPC-190 and TTM 50953 I for a six-unit Tenant-Participating Conversion at 1133 15th Street. Applicant/Appellant: Valery Vekshtein. Council asked questions of staff. Rosario Perry, representing the applicant/appellant spoke in support of the appeal. Council asked questions of Mr. Perry. There were no requests to speak. Councilmember Katz moved to overturn the Planning Commission denial of TPC-190 and approve same subject to findings and conditions. Second by Counc ilmember Holbrook. Discuss ion was held. Councilmember Zane moved a substitute motion to deny the appeal without prejudice and uphold the Planning Commission decision. Second by Mayor Genser. Discussion was held. The substitute motion was approved by the following vote: council vote: Affirmative: Councilmembers Olsen, Vazquez, Zane, Mayor Genser Negative: Councilmembers Abdo, Holbrook, Katz councilmember Katz requested that the record reflect that he voted "no" on this item because he believes that a person is innocent until proven guilty and there was no proof that the applicant/appellant intentionally provided inaccurate information. a-A: AMENDMENT/SUPPLEMENTAL FIRE PROTECTION PROVISIONS! I HUD-INSURED HIGH RISE BUILDINGS: presented was an ordinance for introduction and first reading amending the Supplemental Fire protection provisions to eliminate exemption for certain 4 April 14, 1992 I I I 227 HUD-insured high rise buildings. Council asked questions of staff. At 9: 11 P.M. I Mayor Genser declared the public hearing open. Member of the pUblic Joy Fullmer expressed her concerns. Mayor Genser closed the pUblic hearing at 9:13 P.M. Mayor Pro Tempore Abdo moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SUPPLEMENTAL FIRE PROTECTION PROVISIONS TO ELIMINATE EXEMPTION FOR CERTAIN HUD-INSURED HIGH RISE BUILDINGS," reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: council vote: unanimously approved 7-0 8-B: WATER CONSERVATION MEASURES: Presented was an emergency ordinance for introduction and adoption amending Chapter 2A of Article VII of the Santa Monica Municipal Code relating to water conservation measures. Council asked questions of staff. At 9:27 P.M., Mayor Genser declared the pUblic hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Genser closed the public hearing at 9:28 P.M. Councilmember Zane moved to adopt Ordinance No. 1619(CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE RELATING TO WATER CONSERVATION MEASURES AND DECLARING THE PRESENCE OF AN EMERGENCY, II reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 At 9: 30 P. M., Council adj ourned for a short recess. reconvened at 9:50 P.M. with all members present. Council 8-C: IMPLEMENTATION OF COMPREHENSIVE LAND USE AND ZONING ORDINANCE: Presented was an ordinance for introduction and first reading implementing the new comprehens i ve land use and zoning ordinance by adopting the Final Official zoning Districting Mapj Resolution adopting the Supplemental EIRj and recommendation to direct the City Attorney to prepare zoning ordinance amendments implementing the R3R District, R2B District, Beach Parking District, and Designated Park District. Council asked questions of staff. At 10: 20 P.M., Mayor Genser declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Members of the public Earl Koons, David Partovi, Jean Steel, Julia Gilmore, and A. T. Wilkes spoke in opposition to proposed downzoning. Member of the public Eric siss spoke in support of the recommendations and urged Council to rescind the former ordinance which allowed commercial development of the parklands and urged that the new districting plan for designated parklands be the final ordinance on the books. Member of the public Don Branssen spoke in opposition to the recommendations. Mayor Genser closed the public hearing at 10: 46 P.M. Council asked questions of staff. Councilmember Zane moved the staff recommendation, including the Planning Commission recommendations. Second by Mayor Pro Tempore Abdo. Mayor Pro 5 April 14, 1992 228 Tempore Abdo moved to amend the motion to add the small parks on Ocean Park Boulevard as designated parks. The motion was accepted as friendly. Discussion was held. Mayor Genser moved I to amend the motion to place a Public Land overlay Zone over the Civic Center. The motion was accepted as friendly with the understanding that the civic center Specific Plan and planning process is not in any way altered by this inclusion as to the options it may consider. Discussion was held. Councilmember Vazquez moved to extend the meeting to 12:00 Midnight. Second by Councilmember Katz. The motion was unanimously approved. Discussion continued. On a call for a vote, the main motion was approved by the following vote: council vote: Unanimously approved 7-0 By virtue of the above action: Resolution No. 8386 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE OFFICIAL DISTRICTING MAP," was adopted; An ordinance entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IMPLEMENTING THE NEW COMPREHENSIVE LAND USE AND ZONING ORDINANCE BY ADOPTING THE FINAL OFFICIAL DISTRICTING MAP," was introduced for first reading by title only, as amended, waiving further reading thereof. Councilmember Zane moved to direct staff to return with appropriate recommendations to address the concerns regarding making distinctions at the airport property between that which is used for airport uses and that which is remaining, and in so doing be cognizant of the fact that Council desires recommendations which maintain the option for the City in the year 2015 to address the appropriate uses of the area. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: I Council vote: Unanimously approved 7-0 Councilmember Katz moved to direct staff to return with a report on non-conforming uses with these changes, specifically hotels on Ocean Avenue and any other significant items which may need correction or adjustment, along with their recommendations. Second by Councilmember Holbrook. Discussion was held. The motion was unanimously approved. 8-D: PROHIBITION OF ENCAMPMENT IN PUBLIC PLACES: Councilmember Katz moved to adopt on second reading Ordinance No. 1620 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4202B TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING ENCAMPMENTS IN PUBLIC PLACES," reading by title only and waiving further reading thereof. Second by Councilmember I Olsen. The motion was approved by the following vote: 6 April 14, 1992 229 council vote: Affirmative: councilmembers Holbrook, Katz, Olsen, Zane, Genser II Negative: councilmembers Abdo, Vazquez Councilmember Vazquez requested that the record reflect that he voted nno" on this item because he feels that this ordinance singles out certain people and this is not an appropriate policy to be made and, further, this ordinance does not address the important issues of affordable housing and other items which will be implemented through the program. 9-A: MEMORANDUM OF UNDERSTANDING/SCAQMD/TRANSPORTATION MANAGEMENT PLAN: Presented were resolutions adopting a Memorandum of Understanding wi th the South Coast Air Qual i ty Management District and the employer annual impact fee for the Transportation Management Plan and recommendation to authorize the city Manager to negotiate and execute a contract with Meyer, Mohaddes Associates in the amount of $43,860 for the preparation of a nexus study. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved the staff recommendation. Second by Mayor Pro Tempore Abdo. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 7-0 I By virtue of the above action: Resolution No. 8387 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR THE TRANSPORTATION MANAGEMENT PLAN," was adopted, reading by title only and waiving further reading thereof; Resolution No. 8388 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE EMPLOYER ANNUAL IMPACT FEE FOR THE TRANSPORTATION MANAGEMENT PLAN PROGRAM, It was adopted, reading by title only and waiving further reading thereof; Contract No. 5831(CCS) was approved thereby authorizing the City Manager to execute a Memorandum of Understanding with the South Coast Air Quality Management District. I Contract No. 5833(CCS) was approved thereby authorizing the City Manager to negotiate and execute an agreement with Meyer, Mohaddes Associates at a cost of $43,860 for a nexus study on new commercial development as part of the City's Transportation Management Plan; and $43,860 was appropriated from the General Fund balance to account #01-210-267-78520-5506-00000 and the use of $43,860 was authorized from the Water Garden and Colorado Place Phase III traffic mitigation deferred revenue accounts as reimbursement to the General Fund for nexus study expense. 7 April 14, 1992 230 9-B: CLOSED SESSION: Not held. 10-A: WEED AND RUBBISH ABATEMENT: Mayor Pro Tempore Abdo I declared a possible conflict of interest and excused herself from deliberations on this item. Presented was the public hearing on the intention to abate weeds and rubbish and award an abatement contract to Gary's Lot Cleaning in the amount of $39,700. At 11:35 P.M., Mayor Genser declared the public hearing open. There being no one wishing to speak, Mayor Genser closed the public hearing. Councilmember Holbrook moved to approve Contract No. 5832(CCS), in the amount of $39,700, with Gary's Lot Cleaning for abatement of weeds and rubbish. Second by Councilmember Zane. The motion was approved by the fOllowing vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Katz, Holbrook, Mayor Genser Absent: Mayor Pro Tempore Abdo Mayor Pro Tempore Abdo returned to the dais. lO-B: GUTTER CONSTRUCTION/STREET RESURFACING/REPAIR DAMAGED SIDEWALKS, DRIVEWAYS, CURBS/REMOVE DAMAGED PAVEMENT IN PARKWAY: Presented was the public hearing for the confirmation of assessment of costs for gutter construction, street resurfacing, repair of damaged sidewalks, driveways and curbs, and the removal of damaged pavement in parkway areas on various City streets in conjunction with the 1990-91 street resurfacing program. Council I asked questions of staff. At 11:40 P.M., Mayor Genser declared the public hearing open. There being no one wishing to speak, Mayor Genser closed the public hearing. Councilmember Katz moved to acknowledge two protests received and adopt Resolution No. 8389 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT OF COSTS FOR GUTTER CONSTRUCTION, STREET RESURFACING AND THE REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS, AND THE REMOVAL OF DAMAGED PARKWAY PAVINGS ON VARIOUS CITY STREETS IN CONJUNCTION WITH 1990-91 STREET RESURFACING PROGRAM," reading by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approved by the following vote: council vote: Unanimously approved 7-0 l3-A: ALEXANDER MAN: The request of Alexander M. Man to address Council regarding public access to the beach from Palisades Park was continued at the request of Mr. Man. l4-A: LETTER OF RESIGNATION/DANIEL KINGSLEY: Councilmember Vazquez moved to accept with regrets the letter of resignation from Daniel R. Kingsley from the Convention and visitors Bureau and authorize the City Clerk to publish a Notice of Vacancy. Second by Mayor Pro Tempore Abdo. The motion was unanimously I approved. 8 April 14, 1992 I I I 231 14-B: ENFORCEMENT OF ENCAMPMENT ORDINANCE: Councilmember Katz presented his request to direct staff to report on enforcement of the encampment ordinance. Counci1member Katz moved to direct staff (possibly the attorney who drafted the ordinance) to return by the next meeting, or the meeting following I with recommendations on the enforcement of the encampment ordinance. Second by Counci1member Holbrook. Discuss ion was held. Counci1member Katz moved to amend his motion that a study session addressing law enforcement issues, including but not limited to the encampment ordinance, drug issues, and other issues, be held prior to budget considerations. The motion was accepted as friendly. Discussion was held. Councilmember Zane moved a substitute motion to conduct a study session, in conjunction with budget study sessions, exclusively devoted to the Police Department, addressing law enforcement issues as noted above, as well as issues of resources. Discussion was held. Counci1member Katz moved to extend the meeting to 12: 20 A.M. Second by Councilmember Vazquez. The motion was unanimously approved. Discussion continued. Councilmember Zane withdrew his substitute motion. Discussion was held. The motion was unanimously approved. 14-C: ALTERNATIVES/NEIGHBORHOOD TRAFFIC PROTECTION/SUNSET PARK: Mayor Genser presented the request of he and Councilmember Katz to discuss directing staff to review alternatives for neighborhood traffic protection for Sunset Park. Discussion was held. Mayor Genser moved to direct staff to prepare a report addressing alternatives for neighborhood traffic protection for Sunset Park, pico Neighborhood, and Mid-cities, for council consideration within the next 30 days. Second by Councilmember Katz. The motion was unanimously approved. Councilmember Zane moved to extend the meeting to 12: 30 A. M. Second by Mayor Genser. The motion was unanimously approved. 15: PUBLIC INPUT: Member of the public Beloved Quail discussed recent problems he has been experiencing. Member of the public Lila Hakimi discussed community policing and problems experienced in her neighborhood. Member of the public Art Casillas reported on drug and gang problems in pico Neighborhood. Member of the public Robert Gibbons discussed the problems of homelessness. ADJOURNMENT: At 12:30 A.M., the meeting was adjourned in memory of Peggy Gustafson to 7:30 P.M., April 21, 1992. ATTEST: ~/~a~ Clarice E. DYkh~~e City Clerk APPROVED: ~~~ MaYOrr \ 9 April 14, 1992