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M-4/10/1990 81 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 10, 1990 The regular meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:35 P.M., on Tuesday, April 10, 1990, in the council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel councilmember Judy Abdo Councilmember Ken Genser Councilmember Herbert Katz Councilmember Christine E. Reed Absent: councilmember William H. Jennings Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen CLOSED SESSION: Not held. Mayor Pro Tempore Finkel led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. Mayor Zane initiated discussion regarding adding Item 14-G to the agenda. Councilmember Reed moved to add Item 14-G to the agenda because the need to take action was not noticed until after the close of the agenda. Second by Councilmember Katz. The motion was unanimously approved, Councilmember Jennings absent. PARKING AUTHORITY REGULAR MEETING: At 7:41 P.M., Chairperson Zane convened a regular meeting of the Santa Monica Parking Authority. At 7:45 P.M., the Parking Authority Meeting was adjourned and the City council meeting reconvened. 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 Reed moved to approve the Consent Calendar with the exception of Items 6-G, 6-H and 6-1, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmemhers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmemher Jennings 1 April 10, 1990 82 6-A: MINUTES APPROVAL: The minutes of City Council meeting of March 27, 1990, were approved as presented. 6-B: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8002(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, AND CURBS (SR-90-160)," was adopted thereby setting a public hearing for May 8, 1990, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. 6-C: FIREWORKS DISPLAY: A request by Santa Monica College to have a fireworks display in conjunction with their May 5, 1990, cinco de Mayo Program was approved. 6-0: FINAL PARCEL MAP 21367/CONDOMINIUM PROJECT/2B08 ARIZONA AVENUE: Resolution No. 8003 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21367, II was adopted thereby approving Final Parcel Map 21367 for a 4-unit condominium project at 2808 Arizona Avenue. 6-E: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION FOR AN APPEAL OF CONDITIONAL USE PERMIT B9-070/WAREHOUSE/1713 EUCLID STREET: A request to certify the Statement of Official Action for an appeal of Conditional Use Permit 89-070 to permit the construction of a 7,500 square foot warehouse with unenclosed on-site parking at 1713 Euclid Street was approved, thereby upholding the decision of the Planning Commission to approve conditional Use Permit 89-070 with the conditions established at the city Council meeting of March 13, 1990. 6-F: PHYSICALLY HANDICAPPED PARKING ZONES/2020 OAK STREET AND 243 BICRNELL AVENUE: Resolution No. a004(CCS) entitled: lIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 2020 OAK STREET AND 243 BICKNELL STREET," was adopted. 6-J: FAIR HOUSING MONTH/FAIR HOUSING DAY: Resolution No. B006 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE MONTH OF APRIL AS "FAIR HOUSING MONTH" FOR THE YEAR 1990," was adopted, thereby designating April as Fair Housing Month, and April 26, 1990, as Fair Housing Day in Santa Monica. END OF CONSENT CALENDAR 6-G: FINAL MAP 35098/TENANT-PARTICIPATING CONVERSION PROJECT/ 1327 STANFORD STREET: Presented was a staff report recommending approval of Final Map 35098 for 7 unit Tenant-Participating Conversion TPC-047 at 1327 Stanford Street. Council asked questions of staff. Members of the pUblic Anita Badostain and Douglas Newton expressed their concerns with regard to this conversion. Discussion was held. Councilmember Genser moved to approve the staff recommendation thereby adopting Resolution No. 2 April 10, 1990 83 8005 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 35098," reading by title only and waiving further reading. Second by Mayor Pro Tern Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: councilmember Jennings Councilmernber Genser moved to instruct staff to investigate matters brought forward during public testimony. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 6-H: CITY/STATE - SANTA MONICA STATE BEACH OPERATING AGREEMENT: Presented was a staff report recommending authorization for the City Manager to negotiate and execute an amendment to the City/State Beach Operating Agreement to delete three vacant surplus parcels. Member of the public Joy Fullmer expressed her concerns. Member of the public Mathew Millen spoke in support of using these parcels for affordable housing. Discussion was held. Councilmember Genser moved to continue this matter in order to allow staff to investigate and report back to the council regarding the cityls ability to delay or prevent the state from auctioning off these parcels in order to hold a public hearing to determine the ultimate use of these properties. Second by Mayor Pro Tempore Finkel. Discussion was held. councilmember Reed moved a substitute motion to approve the staff recommendation with the condition that the parcels be used for the purposes for which they are zoned and that they not be used as a method of incrementally trading for property by the private beach clubs. Second by Councilmember Katz. Discussion was held. The substitute motion failed by the following vote: council vote: Affirmative: councilmembers Abdo, Katz, Reed Negative: Councilmembers Finkel, Genser, Mayor Zane Absent: Councilmember Jennings The main motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane Negative: councilmember Reed Absent: Councilmember Jennings 3 April 10, 1990 84 6-1: FINDINGS FOR DENIAL OF CONDITIONAL USE PERMIT 89-046/TENTATIVE TRACT MAP 48039/CONDOMINIUMS/1253 11TH STREET: Presented was a staff report recommending adoption of the findings for denial of Conditional Use permit 89-046, Tentative Tract Map 48039, for a 5 unit condominium at 1253 11th street. Councilmember Katz moved to hear from the pub 1 ic. Second by Mayor Zane. The motion failed, Councilmembers Abdo, Finkel, Genser, and Reed opposed, Councilmember Jennings absent. Discussion was held. Mayor Pro Tem Finkel moved to continue this item for thirty days. Second by Councilmember Abdo. The motion was approved, Mayor Zane opposed, Councilmember Jennings absent. 7-A: SIDEWALKS, DRIVEWAYS, AND CURBS (SR-90-159): Presented was a staff report and a pUblic hearing on the assessment of costs to repair damaged sidewalks , driveways, and curbs. At 8: 30 P . M. , Mayor Zane declared the public hearing opened. There being no one wishing to speak, Mayor Zane declared the public hearing closed. councilmember Ganser moved to adopt Resolution No. 8007 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-90-159) ," reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmemher Jennings 7-B: EUCLID COURT VACATION: Presented was a staff report recommending the vacation of a portion of Euclid Court located between the Santa Monica Freeway and Olympic Boulevard. Members of the public Mathew Millen and Kevin Kozal spoke regarding this item. Councilmember Katz moved to approve the staff recommendation and adopt Resolution No. 8008 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF A PORTION OF EUCLID COURT BETWEEN THE SANTA MONICA FREEWAY AND OLYMPIC BOULEVARD IN THE CITY OF SANTA MONICA, CALIFORNIA, It reading by title only and waiving further reading. Second by councilmember Genser. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings a-A: CONSOLIDATION/ARTS COMMISSION AND ARTS FOUNDATION: Presented was a staff report transmitting an ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 2931 and 2932 and adding Section 2937 relating to the Santa Monica Arts Commission; approving an amendment to the By-Laws of the Santa Monica Arts Foundation; and approving appointments to effectuate the consolidation of the governing bodies of the Arts Commission and Arts Foundation. Council asked 4 April 10, 1990 85 questions of staff. At 8:39 P.M., Mayor Zane declared the public hearing opened. Member of the public Joy Fullmer expressed her concerns. Member of the pUblic Paul Leaf spoke in support of the staff recommendation. There being no one else wishing to speak, Mayor Zane declared the pUblic hearing closed at 8:45 P.M. Mayor Pro Tempore Finkel moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 2931 AND 2932 AND ADDING SECTION 2937 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE SANTA MONICA ARTS COMMISSION." Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: councilmember Jennings Mayor Pro Tern Finkel moved to approve staff recommendations 2, 3, and 4, thereby approving the form of the Amendment to the By-Laws of the Santa Monica Arts Foundation, Inc., if adopted by the Foundation, to be effective on the effective date of the proposed ordinance; Gene Burleson, patricia Dougherty, Bruria Finkel, Philip Glusker, Sheila Goldberg, Robert Maguire, Michael McCarty, Loveday Raben, Chuck Workman, and Marvin Zeidler to be appointed Commissioners of the Santa Monica Arts Commission; and upon the effective date of the proposed ordinance, Roger Genser, Charlotte Houghton, Tim Miller, Peter Norton, Lindsay Shields, and Johanne Todd are appointed Directors of the Santa Monica Arts Foundation. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings At 8: 46 P.M., Council adjourned for a short recess. At 9: 01 P.M., Council reconvened with all members present. Counci1member Jennings was absent. 8-B: COUNTY HAZARDOUS WASTE MANAGEMENT PLAN: The ordinance for introduction and first reading amending Santa Monica Municipal Code sections 9000.3, 9021.4, and 9055.13, implementing the County Hazardous Waste Management Plan was continued to the meeting of April 17, 1990. II-A: AIRPORT RESIDUAL LAND PARCEL: Presented was a staff report recommending authorization for the city Manager to renegotiate and execute a Right of First Refusal Agreement and terminate the Exclusive Negotiating Agreement with Reliance Development Group. Member of the public Joy Fullmer expressed her concerns. Members of the public Bill Worden, Craig Schmitman, Don Brandson, Joanne Hatfield, Jean Gebman, Eric Siss, and Russell Shaver spoke in opposition to the staff recommendation. Members of the public Nathaniel Trives and Joan 5 April 10, 1990 86 Abrahamson spoke in support of the staff recommendation. Councilmember Katz moved to hear late speakers. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. Members of the public Chris Harding and Rol Murrow spoke in support of the staff recommendation. Councilmember Reed moved to approve the staff recommendation with the exception that the Right of First Refusal should be for a period no longer than two years. Second by Councilmember Katz. Discussion was held. Councilmember Genser moved a substitute motion to approve the staff recommendation with no Right of First Refusal. The motion died for lack of a second. Councilmember Reed's motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Mayor Zane Negative: councilmembers Finkel, Genser Katz, Reed, Absent: councilmember Jennings Mayor Pro Tempore Finkel requested the record to reflect that he voted "no" on this item because the motion was premised in part upon the desirability of having some members of the present Council participating in the accountability process and he is unclear in his mind as to exactly what process will be pursued by the City to review the terms to be presented to Reliance for acceptance or rejection. Councilmember Genser requested the record to reflect that he voted II no" on this item not because of the community planning process as prescribed by the motion but because he does not feel that it is appropriate to give Reliance the Right of First Refusal. II-a: CLOSED SESSION: Not held. 12-A: APPEAL OF CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP/CONDOMINIUM/l109 16TH STREET: Presented was an appeal of Conditional Use Permit 89-072 and Tentative Parcel Map 21640 to allow a four-unit condominium at 1109 16th Street. Applicant/Appellant: Bijan Azadi. Applicant/Appellant Bij an Azadi spoke in support of the appeal and in opposition to Planning Commission condition of the approval. Members of the public Ralph Fagen, Ravel Berman, and Carol Hetrick spoke in opposition to the appeal. Members of the pUblic Ester Naeim, Paul Nota, and Behrooz Naeim spoke in support of the appeal. Councilmember Genser moved to deny the appeal. Second by Councilmember Abdo. Discussion was held. Councilmember Katz moved a substitute motion to modify the Planning Commission conditions and allow the required unexcavated sideyard on the north side of the property and require the applicant to provide an unexcavated area on the south side of the property in order to preserve the existing vine. Second by Councilmember Reed. Discussion was held. The substitute motion 6 April 10, 1990 87 failed by the following vote: Council vote: Affirmative: councilmembers Katz, Reed Negative: councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: Councilmember Jennings The motion to deny the appeal was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Negative: councilmembers Katz, Reed Absent: Councilmember Jennings 12-B: APPEAL OF CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP/837 AND 839 FIFTEENTH STREET: Presented was an appeal of Conditional Use Permit 89-079 and vesting Tentative Parcel Map 21511 at 837 and 839 Fifteenth Street. Appellants: Ahman and Henriette Hamini and Lawrence & Harding. Applicant: William and Maria Blase. Ken Kutcher, speaking on behalf of Appellant Lawrence & Harding, addressed council in support of the appeal and in opposition to Planning Commission approval. Councilmember Reed moved to extend the meeting to 12:00 A.M. Second by Councilmember Genser. The motion was unanimously approved, Councilmember Jennings absent. Appellant Ahmad Hamidi spoke in support of the appeal and in opposition to the project. Members of the public Stephen Frew, Jennifer Jarrett, and Anne-Marie Heaney spoke in support of the project with street access. Councilmember Reed moved to approve the staff recommendation and deny all appeals. Second by Councilmember Katz. Discussion was held. Councilmember Reed moved to amend the above motion to add that the specific finding of the topography as required by the Zoning Code be incorporated into the Council action and that the Certificate of Occupancy be conditioned on the health and safety of the street tree, and to include language in the conditions for approval, to the effect that no Certificate of Occupancy shall be issued if the tree is damaged unless a $10,000 payment is made to the City for replacement of the tree, City administrative costs, and a penalty for the damage. The amendment was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: councilmember Jennings 13-A: LEAF BLOWERS: Presented was the request of Lars Ingvarson to address Council regarding motorized leaf blowers. Mr. Ingvarson spoke in support of banning leaf blowers due to their 7 April 10, 1990 88 contribution to pollution of the environment and the fact that they create a general nuisance. Mayor Zane requested the City Clerk to place this item on the agenda of the April 17th meeting for Council action. 13-B: CHANGE OF USE APPLICATION/739 HILL STREET: Presented was the request of Christopher M. Harding, speaking on behalf of Aziz Rastegar, to address Council regarding the application of program 10 of the Housing Element to property located at 739 Hill street. Councilmember Katz moved to extend the meeting to 12: 30 A.M. Second by Mayor Pro Tempore F inke1. The motion was approved, Mayor Zane opposed, Councilmember Jennings absent. Councilmernber Reed moved to direct staff to release Mr. Rastegar's property and allow it to go forward without the Program 10 conditions and, further, direct staff to report immediately back to Council on how to address concerns of Councilmembers with regard to closing this 1I1oophole" in Program 10. Second by Councilmember Katz. Mayor Pro Tempore Finkel moved to amend the motion relating to the second half of the above motion and direct staff to prepare the relevant ordinance to address the "loopholelt within the next 30 days. Council asked questions of staff. The amendment was accepted as friendly. The motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz, Reed, Mayor Zane Negative: Councilmember Genser Absent: Councilmember Jennings 13-C: MS. J. J. CURRAN/RESIDENTIAL PARKING: Presented was the request of Ms. J.J. Curran to address Council regarding residential parking frontage in her neighborhood near Santa Monica College. Ms. Curran was not present to address Council. Mayor Zane moved to receive and file Ms. Curran's correspondence. Second by Councilmember Katz. The motion was unanimously approved, councilmember Jennings absent. l4-A: STREAMLINING COUNCIL MEETINGS: The request of Mayor Zane to discuss changes in City Council rules and procedures directed at streamlining Council meetings, continued from April 3, 19901 was continued to the meeting of April 17, 1990, at the Mayor's request. 14-B: APPOINTMENTS TO PIER RESTORATION CORPORATION: Presented was the matter of the appointment of members to the Pier Restoration Corporation. Councilmember Abdo moved to reappoint all four incumbents to the Pier Restoration corporation by acclamation. Second by Councilmemher Katz. The motion was unanimously approved, councilmember Jennings absent. Therefore, Henry Custis, Donald Girard, Nancy Greenstein, and Wayne R. Wilson were reappointed to the pier Restoration Corporation Board of Directors for terms ending November 10, 1992. 8 April 10, 1990 89 14-C: COUNCIL TRAVEL FUNDS: Presented was the request of Mayor Zane to discuss Council approval for the use of travel funds to attend the World Congress of Local Governments for a sustainable Future in New York City, September 5 - 8, 1990. At the consent of Council, the request was approved. 14-D: AB 1784/L.A. COUNTY TRANSPORTATION COMMISSION AND RAPID TRANSIT DISTRICT: Presented was the request of Mayor Zane to discuss support for amendments to Assembly Bill 1784 to coordinate activities between the Los Angeles County Transportation Commission and the Rapid Transit District. Mayor Zane initiated discussion and moved the support of Assembly Bill 1784, authorizing the Mayor to send letters of support to the appropriate agencies involved. Second by Councilmember Reed. The motion was unanimously approved. Councilmember Jennings was absent. 14-E: JANE IRVINE/HOUSING COMMISSION: Presented was a letter of resignation from Jane Irvine of the Housing Commission. Councilmember Reed moved to accept Ms. Irvine's resignation with deep regret and directed the city Clerk to publish a notice of vacancy. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. Councilmember Jennings was absent. 14-F: NORTH OF WILSHIRE RESIDENTIAL DEVELOPMENT MORATORIUM! HARDSHIP EXEMPTIONS: Presented was the request of Mayor Pro Tempore Finkel to discuss the possibility of amending Ordinance No. l507(CCS) regarding the moratorium on residential development north of Wilshire Boulevard, to allow exemptions for certain hardships. Mayor Pro Tempore Finkel initiated discussion and moved to direct the City Attorney to explore this issue and return with recommendations or an ordinance that would deal specifically with hardship exemptions for vacant buildings with units that could be rented, but were in escrow at the time the moratorium was enacted. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed Negative: Mayor Zane Absent: Councilmember Jennings 14-G: REVIEW OF INITIATIVE PETITIONS CIRCULATED IN SANTA MONICA: Presented was the request of Councilmember Katz to discuss the adoption of a policy that the City Attorney or outside Counsel review, as to form, any and all initiative petitions prior to their circulation in the City of Santa Monica. councilmember Katz initiated discussion and moved to direct the city Attorney to review the form of initiatives prior to being circulated in the City, if requested by the petition circulators. Second by Councilmember Reed. Discussion was held. Mayor Pro Tempore Finkel moved a substitute motion to direct the City Attorney to prepare an ordinance to provide a model form for petitions 9 April 10, 1990 90 circulated in the city. Second by Mayor Zane. Discussion was held. councilmember Katz requested that the substitute motion be amended to allow the City Attorney to review all initiative petitions as to form until the ordinance is adopted. The amendment was not accepted as friendly by the maker of the substitute motion. The substitute motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings ADJOURNMENT: At 12:25 P.M., Council adjourned the meeting to April ~7, 1990, at 7:30 P.M., in memory of Hikoji Joseph Tachiki. ATTEST: APPROVED: ~AX ;,((1L/~ Clarice E. JOhn~'~~ City Clerk f)~ ') ~~ Denn1S Zane Mayor ~ - 10 April 10, 1990