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M-12/3/1991 I I I 129 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 3, 1991 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Abdo at 7:40 P.M. on Tuesday, December 3, 1991, in the Council Chambers. Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. 4-A: INSTALLATION OF MAYOR & MAYOR PRO TEMPORE: Ken Genser was installed as Mayor and Judy Abdo was installed as Mayor Pro Tempore. Presentations were made to outgoing Mayor Abdo. At 8: 00 P. M., Council adj ourned for a short recess. reconvened at 8:03 P.M. with all members present. council Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: City Manager John Jali1i city Attorney Robert M. Myers City Clerk Clarice E. Dykhouse 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 Katz moved to approve the Consent Calendar, excluding Item Nos. 6-F and 6-G, reading resolutions and ordinances 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-A: FINAL SUBDIVISION MAP/PARCEL NO. 21890/CONDOMINIUMS/2l6 BICKNELL AVENUE: Resolution No. 8329 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 21890 FOR A PROJECT AT 216 BICKNELL AVENUE," was adopted, thereby approving a two-unit condominium project at 216 Bicknell Avenue. 6-B: DEMOLITION OF BUILDINGS/DEAK PLUMBING & SHURGIN SITES: Contract No. 5800(CCS) was awarded to Neighborhood Resource Development Corporation in the amount of $43,700 for the demolition of buildings at the Deak Plumbing and Shurgin sites adjacent to Virginia Park. 1 December 3, 1991 130 6-C: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 91-007/1360 3RD STREET PROMENADE: The statement of Official Action, which contains findings for denial of Conditional Use Permit 91-007 I I was approved. 6-D: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 90-075/VTTM 50221/1226 11TH STREET: The Statement of Official Action, which contains findings and conditions of approval for Conditional Use Permit 90-075 and Vesting Tentative Tract Map 50221, was approved. 6-E: LOS ANGELES COUNTY COORDINATED PARATRANSIT NETWORK: Resol ution No. 8330 (CCS) enti tled: II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY TO PARTICIPATE IN THE LOS ANGELES COUNTY COORDINATED PARATRANSIT NETWORK, n was adopted, thereby authorizing the City to participate in the Los Angeles County coordinated paratransit network to provide complimentary paratransit service to disabled individuals. END OF CONSENT CALENDAR 6-F: TOXIC CLEANUP EQUITY AND ACCELERATION ACT OF 1991, S 1557, AND HR 3026: Presented was a resolution in support of the Toxic Clean-up Equity and Acceleration Act of 1991, S 1557 and HR 3026. Member of the public Joy Fullmer expressed her concerns. councilmember Katz moved to adopt Resolution No. 8331(CCS) enti tIed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA I MONICA IN SUPPORT OF THE TOXIC CLEANUP EQUITY AND ACCELERATION ACT,II reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: council vote: Unanimously approved 7-0 6-G: WESTSIDE URBAN FORUM: Presented was the staff recommendation for contribution to westside Urban Forum to assist in funding a model affordable housing study. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved to approve a contribution in the amount of $5,000 to the westside Urban Forum to assist in funding a model affordable housing study. Second by councilmember Katz. Discussion was held. The motion was approved by the following vote: council vote: Unanimously approved 7-0 7-A: APPEAL/DR 89-004/CUP 89-019/PERFORMANCE STANDARD PERMIT 80-017/2221 WILSHIRE BOULEVARD: Presented was the appeal of Planning commission technical denial of a modification to the expiration period of DR 89-004, CUP 89-019, and Performance Standard Permit 80-017, to allow a one-year time extension on a three-story mixed-use building proposed at 2221 Wilshire Boulevard. Applicant/Appellant: century West Development, Inc. I Council asked questions of staff. Sherman stacey, representing the applicant/appellant, spoke in support of the appeal and in support of a time extension. Council asked questions of Mr. 2 December 3, 1991 I I I 131 stacey. Members of the public Merritt Coleman, Michael Brourman, George Hickey, stuart ziff, and Ken Breisch spoke in opposition to the project, appeal, and request for time extension. Members of the public Tom Pyne, James Lunsford, Dee Menzies, Dick Lawrence, Adrienne Anderson, C. E. Anderson, Regina Bonann, Mary Anita van Saltza, Scott Brutzman, Norma Gonzales, Bob Gabriel, Richard Kudo, Carter Ruby (speaking for Josephine Chin), Phil Smalec, Noel Dennis, and Dorinne Lee spoke in support of a 90-day time extension. Members of the public Donald Nelson, Peter Solomon, Stephen Alpert, and Manfred Schlosser spoke in opposition to the gO-day extension. Councilmember Zane moved to hear late speakers for two minutes each. Second by Councilmember Vazquez. The motion was unanimously approved. Members of the pUblic Sabine Schlosser, Dieter Schlosser, and Miriam Goldsmith spoke in opposition to the project, appeal, and request for time extension. At 10:20 P.M., Council adjourned for a short recess. Council reconvened at 10:30 P.M. Councilmember Katz reported present at 10:32 P.M., councilmember Abdo at 10:34 P.M. and Councilmember Holbrook at 10:35 P.M. 7-A: APPEAL/DR 89-004/CUP 89-019/PERFORMANCE STANDARD PERMIT 80-017/2221 WILSHIRE BOULEVARD (RESUMED) : Council asked questions of staff. Discussion was held. Councilmember Zane moved to grant the extension for 90 days from today due to wrongful inducement of the City, but deny the issues with respect to the TMP and deny the request for a one-year extension. Second by Councilmember Katz. Discussion was held. Councilmember Zane moved to extend the meeting to 12: 30 A.M. Second by Councilmember Vazquez. The motion was unanimously approved. Discussion continued. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, HolbrOOk, Katz, Vazquez, Zane Negative: Councilmember Olsen, Mayor Genser 8-A: EXTENSION OF MORATORIUM/NON-RESIDENTIAL & HOTEL DEVELOPMENT: Presented was an ordinance for adoption and second reading extending the citywide moratorium on non-residential and hotel development. There were no members of the public wishing to speak. Councilmember Katz moved to adopt Ordinance No. 1610 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE CITYWIDE MORATORIUM ON NONRESIDENTIAL AND HOTEL DEVELOPMENT," 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 8-B: VARIANCE PROCEDURES/ADJUSTMENT PROCEDURES/BUILDING ADDITIONS: Presented was an ordinance for introduction and first reading amending Sections 9113.1, 9113.3, 9113.5, 9113.7, 9113.8, and Subchapter 10Q to Article 9, Chapter 1 of the Santa Monica 3 December 3, 1991 132 Municipal Code relating to variance procedures, adjustment procedures, and building additions into required side yards. Council asked questions of staff. At 11: 28 P. M., Mayor Genser I declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Members of the public Jim Hahnl Michael Mann, Leigh Hovey, Jay Leanse and Clifford Werber spoke in support of the staff recommendation. Mayor Genser closed the public hearing at 11:45 P.M. Discussion was held. Counci1member Zane moved to continue this item to December 17, 1991, and ask the Housing Division staff to review the document and return for Council action with no pUblic hearing to be held at that time. Second by Mayor Pro Tempore Abdo. Discussion was held. Councilmember Katz moved a substitute motion to introduce the ordinance with the exception of item 6-E1 changing the bonus densi ty to 5%. Second by Mayor Genser. Discussion was held. Councilmember Zane moved to table this item for two weeks and elicit assurances from Housing Division staff that affordable housing is not adversely affected by this ordinance. Second by Councilmember Vazquez. The motion to table failed by the following vote: Council vote: Affirmative: Counci1members Abdo, Vazquez, Zane Negative: councilmembers Holbrook, Olsenl Mayor Genser Katzl Discussion was held. Councilmember Katz withdrew his motion. The main motion was approved by the following vote: Council vote: Unanimously approved 7-0 I 9-A: PROPOSITION R: Presented was the staff report recommending direction to the City Attorney to prepare an ordinance implementing Proposition R and supplemental information. Council asked questions of staff. Members of the public Ray Morando and Thane Roberts spoke in opposition to the"proposed implementation of Proposition R. Councilmember Zane moved to direct the City Attorney to draft an ordinance that provides that new, mUlti-family projects proposed on sites which are occupied by and require the demolition of mUlti-family housing rented at levels affordable to households at the County median income, that in those instances the development be required to provide 30%, using 30% as the inclusionary requirement I units onsite affordable to low- and moderate-income people; include in this draft the rounding-up of all instances of a fraction provision~ andl for sites which do not require the demolition of affordable housing as described, that the first whole number and any fraction thereof be counted as a fee with the first whole number 100% and any fraction being a percentage of a cost of a low-income unit and any subsequent whole numbers be required to be a moderate-income unit onsite. Second by Councilmember Vazquez. Discussion was held. Councilmember Zane moved to extend the meeting to 1: 00 A.M. Second by Mayor Pro Tempore Abdo. The motion was approved, Councilmembers Katz and Holbrook opposed. Discussion continued. The motion was approved by the following vote: I 4 December 3, 1991 133 council vote: Affirmative: Councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser II Negative: councilmember Katz Councilmember Katz was excused from the meeting at 12:37 A.M. 9-B: CLOSED SESSION: Held at end of meeting. 10-A: STREETLIGHTING DISTRICT/24TH STREET: Presented was the public hearing on proposed streetlighting district on 24th Street between wilshire Boulevard and Arizona Avenue. At 12: 38 A.M., Mayor Genser declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Genser closed the public hearing at 12:40 A.M. Mayor Pro Tempore Abdo moved to adopt Resolution No. 8332 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES THE CONSTRUCTION OF STREETLIGHTING AND APPURTENANT WORK AND ORDERS WORK TO BEGIN ON TWENTY FOURTH STREET BETWEEN WILSHIRE BOULEVARD AND ARIZONA AVENUE AS SET FORTH IN RESOLUTION OF INTENTION NUMBER 8314(CCS),II reading by title only and waiving further reading thereof. Second by councilmember Vazquez. The motion was approved by the following vote: council vote: Affirmative: councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser II Absent: Councilmember Katz Councilmember Katz resumed his seat at the dais at 12:41 A.M. II-A: FUNDING FOR RESEARCH ASSISTANCE/CHARTER REVIEW COMMISSION: Presented was the recommendation of the Charter Review Commission for funding for research assistance. Member of the Charter Review Commission Chris Harding spoke in support of the recommendation of the Charter Review Commission for funding for research assistance. Mayor Pro Tempore Abdo moved to approve the request of the Charter Review Commission for funding for research assistance not to exceed $10,000. Second by Councilmember Katz. Council asked questions of staff. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 councilmember Katz was excused from the meeting at 12:45 A.M. II I3-A: JEAN-MARIE WEBSTER: Jean-Marie Webster presented her request to address Council regarding dogs exercising off a leash in designated parks and remote areas of the beach. Council asked questions of Ms. Webster. councilmember Zane moved to direct staff to identify an appropriate park or an appropriate area within a park which would provide an opportunity for a controlled access area for pets and pet owners. Second by Mayor Pro Tempore Abdo on the condition that the possibility of areas in more than one park be investigated. Councilmember Zane moved to amend his 5 December 3, 1991 134 motion to include an investigation of the possibility of utilizing beach areas for limited hours with appropriate regulatory overseeing. Discussion was held. The motion was II unanimously approved, Councilmember Katz absent. 14-A: CABLE CONSUMER PROTECTION ACT OF 1991: The request of Mayor Pro Tempore Genser to discuss support for the Cable Consumer Protection Act of 1991 (HR 3560) was continued to the meeting of December 17, 1991. 14-B: CONVERSION OF CITY FLEET/LOW-EMISSION & ENERGY EFFICIENT VEHICLES: The request of Councilmember Zane to discuss a policy for conversion of the city fleet to low-emission and energy efficient vehicles was continued to the meeting of December 17, 1991. 14-C: RATE INCREASES/CENTURY CABLE: The request of Councilmember Katz to discuss rate increases by Century Cable was continued to the meeting of December 17, 1991. 14-D: APPOINTMENT/RECREATION AND PARKS COMMISSION: Mayor Genser opened the floor to nominations to fill the vacancy on the Recreation and Parks Commission. Councilmember Vazquez nominated M. Rosemary Martinez to the Recreation and Parks Commission. Councilmember Holbrook nominated Frank Schwengle to the Recreation and Parks Commission. The vote on the nominations was as follows: M. Rosemary Martinez - Councilmembers Abdo, Olsen, Vazquez, Zane II Mayor Genser Frank Schwengle - councilmember Holbrook M. Rosemary Martinez was appointed to the Recreation and Parks Commission for a term ending June 30, 1993, Councilmember Katz absent. 14-E: LETTER OF RESIGNATION/M. ROSEMARY MARTINEZ: Mayor Genser moved to accept the letter of resignation from M. Rosemary Martinez from the Social Services commission and authorize the City Clerk to publish a Notice of Vacancy. Second by Mayor Pro Tempore Abdo. The motion was unanimously approved, Councilmember Katz absent. Councilmember Zane moved to extend the meeting to Second by Councilmember Vazquez. The motion was approved, Councilmember Katz absent. 1:15 A.M. unanimously 9-B: CLOSED SESSION: At 12:55 A.M., Council adjourned to Closed Session for the purpose of discussing personnel matters and the following cases: Jett Mora v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEC l28 286 and Skolnick v. city of Santa Monica et al., Santa Monica Superior Court Case No. II SC 007 089. 6 December 3, 1991 II II II 135 At 1:23 A.M., Council reconvened with all members present except Councilmember Katz. 12-B: MEMORANDUM OF UNDERSTANDING/MANAGEMENT TEAM ASSOCIATES: Mayor Pro Tempore Abdo moved to adopt Resolution No. 8333 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT TEAM ASSOCIATES," reading by title only and waiving further reading thereof, approving Contract No. 580l(CCS). Second by Councilmember Holbrook. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser Absent: councilmember Katz Mayor Pro Tempore Abdo moved to approve settlement in the case of Skolnick in the amount of $73,573.77. Second by Councilmember Holbrook. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser Absent: Councilmember Katz ADJOURNMENT: At l:25 A.M., the meeting was adjourned in memory of Joan Dennis and Frank Hiteshew. ATTEST: APPROVED: ~ /L1~ DYkhO~e 7 December 3, 1991