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M-11/19/1991 I I I 115 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER ~9, 1991 An adjourned meeting of the Santa Monica City council was called to order by Mayor Abdo at 7:40 P.M. on Tuesday, November 19, 1991, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser councilmember Robert T. Holbrook Councilmember Herbert Katz councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: city Manager John Ja1ili city Attorney Robert M. Myers city clerk Clarice E. Dykhouse Counci1member Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 4-A: AWARD/INNOVATIVE WATER CONSERVATION RECLAMATION OR MANAGEMENT: Mayor Abdo presented an award from the California Water policy Conference in Los Angeles in November 1991, honoring Innovative Water Conservation Reclamation or Management in the City of Santa Monica. 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. Item No. 6-K was withdrawn at the request of staff and Item No. 6-P was removed from the calendar for separate discussion. 6-K: INTERIM FINANCING/AFFORDABLE HOUSING PROJECT: The recommendation to extend from three to eight years interim financing in the amount of $537,531 for a thirty-unit affordable housing project was withdrawn at the request of staff. 6-P: REJECTION OF BID/TWO SEDANS: Presented was the staff report recommending rejection of all bids for the purchase of two sedans for the Administration Division, Fire Department. Discussion was held. Counci1member Zane moved to reject all bids and direct staff to return at a later date with options regarding alternative fuel vehicles. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Counci1member Zane moved to hear Item Nos. 9-A and 9-B at this time and consolidate Item 8-E with Item 9-C. Second by Counci1member Katz. The motion was unanimously approved. 1 November 19, 1991 116 9-A: SIGNIFICANT TRAFFIC IMPACT: Presented was the staff report recommending selection of the criteria for defining a significant traffic impact for purposes of environmental review. Council I asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Mayor Pro Tempore Genser moved to hear a late chit. Second by Councilmember Olsen. The motion was unanimously approved. Member of the public Eric Chen offered suggestions. council asked questions of staff. Mayor Pro Tempore Genser moved to adopt alternative 1, as outlined in the staff report, as the criterion to determine a significant traffic impact with the following modifications: 1) that we clarify that the level of service F vie ratio which will be used is the VIC ratio using the HCM methodology and clarify that significant impact would be considered as .005 or greater, but that .0049 is all right; 2) on those intersections which have not reached the level of service as prescribed in the Land Use and Circulation Element 4.3.1 that it would be considered a significant impact if the proj ected degradation of the intersection is a delay of 15 seconds or greater and would need to be mitigated. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: council vote: Unanimously approved 7-0 9-B: MAIN STREET MASTER PLAN: Presented was the public hearing on the Main street Master Plan and proposed ordinance revisions to adopt the Main Street Master Plan and direction to the City Attorney to prepare proposed revisions to the Zoning Ordinance. Council asked questions of staff. At 9: 18 P.M., Mayor Abdo declared the public hearing open. Member of the public steve Spencer called for the elimination of the CM4 zone and expressed concern with changes from the original plan. Member of the public Russell Barnard addressed concerns and questions as posed during council questions of staff. Member of the pUblic Debra Magnuson spoke in favor of widening sidewalks and in opposition to the CM4 zone. Member of the public Greg McDonald spoke of the ineffectiveness of bus service and discussed historical buildings. Member of the public Brandon MacNeal spoke in support of narrowing the street, removing buses, short-term affordable beach parking, and the creation of a non-profit organization for the creation and implementationF of the plan. Member of the public Sara Faulds spoke in support of the plan as originally proposed, the implementation of community design process, and the creation of a non-profit organization for the creation and implementation of the plan. councilmernber Katz moved to hear a late chit. Second by Councilmember Vazquez. The motion was unanimously approved. Member of the public Paul Casey spoke of the compatibility of pedestrian-friendly streets and pUblic transit. Mayor Abdo closed the public hearing at 9:50 P.M. At 9:50 P.M., Council adjourned for a short recess. reconvened at 10:13 P.M. with all members present Councilmember Vazquez, who reported present at 10:14 P.M. council except 9-B: CONTINUED: Councilmember Katz moved to adopt the Main street Master Plan and proposed ordinance, taking into 2 November 19, 1991 I I I I I 117 consideration the Planning Commission's comments, and directed the staff to begin the process to implement the proposed zoning ordinance revision and policy recommendations and ask staff and the Planning Commission to study the concept of a meandering street along with the other concepts. Second by Mayor Abdo on the condition that the CM4 is included on both ends of the street, at four stories only if there is housing. The amendment was accepted as friendly. Discussion was held. Mayor Abdo moved to amend the motion to allow sandwich boards only on private property. The motion was accepted as friendly. Mayor Abdo moved to include neighborhood serving uses as listed on page 40 of the document as permitted uses. The motion died for lack of a second. Oiscussion was held. Councilmember Zane moved to amend the motion to omit the list of neighborhood serving uses as recommended by the Planning Commission. The motion was accepted as friendly. Mayor Abdo moved to remove dance studios and exercise facilities from the permitted uses and put them in the conditional uses section, provide information to the city council of the Floor Area Ratios of buildings that have been built on Main street since 1980, change the period of abandonment for businesses on Main street from one year to six months, modify the enforcement provisions as proposed by the Committee, remove the noise section since a more detailed analysis of noise issues will be conducted as part of the revised Noise Element and Noise Ordinance, require periodic review of certain uses as part of the Conditional Use Permit process, remove the proposed Alcohol Impact Fee since this issue is being evaluated on a Citywide basis, reroute the out-of-service buses from Main Street but retain the in-service buses, direct staff to negotiate with RTD and try to optimize removal of as many buses as possible, reduce traffic on Main street to one lane in each direction, and delete the inclusion of the Community Gardens site as part of the process to update the Open Space Element. The amendment was accepted as friendly. Discussion was held. Councilmember Zane moved an amended motion to leave the plan as it now exists without the Planning Commission's recommendation to remove the proposed restaurant parking requirements from the Plan and conduct more detailed analysis as part of the on-going Zoning Ordinance clean-up process. Second by Mayor Abdo. Discussion was held. Councilmember Katz accepted the substitute motion as a friendly amendment. Councilmember Zane withdrew his motion. Discussion was held. Councilmember Zane moved to amend the motion to implement the study on a temporary basis and include placement on a Council agenda of the permanent installation and any modification to the plan for council deliberation and approval at the conclusion of the study period. The motion was accepted as friendly. Discussion was held. Mayor Pro Tempore Genser moved an amended motion that CM4 zoning stipulate that commercial can only be developed to the C2 standard and the third and fourth floor would be housing in those instances where building is constructed to the fourth floor. Second by Councilmember Olsen. Discussion was held. The motion failed by the following vote: 3 November 19, 1991 118 Council vote: Affirmative: Councilmembers Genser, Olsen Negative: Councilmembers Holbrook, Katz, Vazquez, Zane, Mayor Abdo I Mayor Pro Tempore Genser moved to amend the motion plan conform to the citywide setback standard. Councilmember Olsen. Discussion was held. The approved by the following vote: to have the Second by motion was council vote: Affirmative: Councilmembers Genser, Olsen, Vazquez, Zane Negative: councilmembers Holbrook, Katz, Mayor Abdo Councilmember Olsen moved to amend the motion to include automobile repair facilities to be listed as a prohibited use. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was accepted as friendly. The main motion was approved by the fOllowing vote: Council vote: Unanimously approved 7-0 Councilmember Katz moved to extend the meeting to 12:00 Midnight. Second by Councilmember Vazquez. The motion was unanimously approved. 8-E: EXTENSION OF MORATORIUM/MULTIFAMILY RESIDENTIAL DEVELOPMENT: Presented was an ordinance for introduction and first reading to extend the moratorium on multifamily residential development. To be heard in conjunction with Item 9-C. I 9-C: PROPOSITION R: Presented was the staff report discussing the implementation of Proposition R. To be heard in conjunction with Item a-E. Discussion was held. Council asked questions of staff. At 11:45 P.M., Mayor Abdo declared the public hearing open. Member of the pUblic Joy Fullmer expressed her concerns. Member of the public John Given spoke in support of the preservation of affordable housing and expressed concern with the staff recommendation. Councilmember Zane moved to extend the meeting to 12: 30 A. M. Second by Mayor Pro Tempore Genser. The motion was approved, Councilmembers Holbrook and Katz opposed. Member of the public Chris Harding expressed concern with the staff report and urged implementation of a process which promotes public input. Member of the public Paul Desantis spoke in support of affordable family units. Councilmember Katz left the meeting at 12:01 A.M. Member of the public Michael Naim spoke in opposition to I Proposition R and concurred that affordable units be calculated in whole numbers and fractions be charged as an in-lieu fee. 4 November 19, 1991 I I I 119 Member of the public Mrs. Hahn spoke in opposition to Proposition R. Mayor Abdo closed the public hearing at 12:15 A.M. Discussion was held. Councilmember Zane moved to continue Item 9-C to December 3, 1991 and to leave the option open to continue the public hearing. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane Negative: Mayor Abdo Absent: Councilmember Katz councilmember Zane moved to extend the meeting to 1: 00 A.M. Second by Councilmember Olsen. The motion was approved, Councilmember Holbrook opposed, Councilmember Katz absent. Councilmember Zane moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH CERTAIN EXEMPTIONS IN ORDER TO COMPLY WITH PROPOSITION R," reading by title only and waiving further reading thereof, thereby extending the interim ordinance to April 10, 1992. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: councilmember Katz 9-D: CLOSED SESSION: Held at end of meeting. 14-B: APPOINTMENT/MOSQUITO ABATEM~NT DISTRICT: councilmember Zane moved that the Mayor be g1ven the responsibility for recruiting applicants wishing to serve on the Los Angeles County West Mosquito Abatement District, with an appointment to be made on December 10, 1991. Second by Mayor Abdo. The motion was unanimously approved, Councilmember Katz absent. 14-C: APPOINTMENTS/PIER RESTORATION CORPORATION: Mayor Abdo opened the floor to nominations to the pier Restoration corporation Board of Directors. Councilmember Zane moved to reappoint Margaret Henry and Barbara JiJi and to appoint I. Bruce Cameron to the Pier Restoration Corporation Board of Directors for terms ending November 8, 1994. Second by Mayor Pro Tempore Genser. Mayor Pro Tempore Genser moved the above appointments by acclamation. The motion was unanimously approved, Councilmember Katz absent. 14-F: 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 November 26, 1991. 5 November 19, 1991 120 ~4-H: WAIVER OF FEE/PERS PRE-RETIREMENT WORKSHOPS: Mayor Abdo presented her request to discuss waiving the fee for the use of the Council Chambers for PERS pre-retirement workshops. Mayor I Abdo moved to waive the fee for the use of the Council Chambers for PERS pre-retirement workshops on January 14, April 21, October 6, 13, and 20, 1992. Second by Mayor Pro Tempore Genser. The motion was unanimously approved, Councilmember Katz absent. l4-I: WAIVER OF FEE/YMCA YOUTH IN GOVERNMENT: Mayor Abdo presented her request to discuss waiving the fee for use of the Council Chambers by the YMCA Youth in Government. Mayor Abdo moved to waive the fee for use of the Council Chambers by the YMCA Youth in Government on November 25, 1991. Second by Councilmember Holbrook. The motion was unanimously approved, Councilmember Katz absent. 14-J: CONVERSION OF CITY FLEET TO LOW-EMISSION AND 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 November 26, ~991. ~4-K: RATE INCREASES/CENTURY CABLE: The request of eouncilmember Katz to discuss rate increases by Century Cable was continued to the meeting of November 26, 1991. ~4-L: PERMISSION FOR NON-CITIZEN RESIDENTS TO VOTE FOR MEMBERS OF THE SCHOOL BOARD: Councilmember Vazquez presented his request I to discuss directing the City Attorney to prepare an opinion regarding permitting non-citizen residents to vote for members of the school board. Councilmember Vazquez moved to direct the City Attorney to prepare necessary research and return with a legal opinion for Council consideration. Second by councilmember Zane. Discussion was held. The motion was unanimously approved, Councilmember Katz absent. ~4-M: REMOVAL OF FISHING LINES/WATER GARDEN COMPLEX: Mayor Pro Tempore Genser moved to hear members of the publ ic for two minutes each. Second by Counci1meInber Olsen. The motion was unanimously approved, Councilmember Katz absent. Councilmember Olsen presented his request to discuss the removal of fiShing lines at the Water Garden complex. Council asked questions of staff. Member of the public Sherman stacey spoke in opposition to the removal of the monofilament lines in favor of property owners' rights to protect their property. Discussion was held. councilmember Olsen moved to direct the city Attorney to continue with his investigation as to what means may be required in this situation. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was unanimously approved, councilmember Katz absent. 9-0: CLOSED SESSION: At 12:46 A.M., council adjourned to Closed Session for the purpose of considering the cases of Macera v. I City of Santa Monica, et al., Los Angeles Superior Court Case No. se 005 136 and M. H. Golden company v. City of Santa Monica et al., Los Angeles Superior Court Case No. SC 004 613. 6 November 19, 199~ 12l I At 1:10 A.M., Council reconvened with all members present except Councilmember Katz. Mayor Abdo moved to approve a settlement in the case of Macera in the amount of $25,000. The motion was unanimously approved, Councilmember Katz absent. ADJOURNMENT: At 1:12 A.M., the meeting was adjourned, in memory of Eytan benSheviya. ATTEST: ~//t!~~ Clarice E. Dykho~e City Clerk APPROVED: 1#~ Judy Abdo Mayor I I 7 November 19, 1991