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M-4/9/1991 I 396 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 9, 1991 A regular meeting of the Santa Monica city Council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, April 9, 1991, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser Councilmember Robert T. Holbrook Councilmember Herbert Katz (arrived at 10:30 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. Johnsen councilmember Olsen led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: CHILDCARE PROFESSIONALS: Mayor Abdo presented commendation to childcare professionals for their outstanding and valuable contributions. 4-8: TECHNOLOGY ACHIEVEMENT AWARD: Mayor Abdo received the 1990 Technology Achievement Award for the Public Electronic Network program (PEN) from Public Technology Inc. 4-C: NATIONAL YOUTH SERVICE DAY: The proclamation designating April 23, 1991, as "National Youth Service Day," will be presented April 16, 1991. 4-D: 1990 NATIONAL TRANSIT PERFORMANCE AWARD: Mayor Abdo presented the 1990 National Transit Performance Award to Jack Hutchins, Director of the Santa Monica Transportation Department. Councilmember Zane moved to add Item 14-A to the agenda. Second by Councilmember Olsen. The motion was unanimously approved, councilmember Katz absent. Mayor Abdo moved to move last week's "14" items to the beginning of the list of "l4lf items for this week and evaluate which items will be heard this evening in the event that this evening I s meeting will not be finished. Second by Councilmember Zane. Discussion was held. The motion was unanimously approved, councilmember Katz absent. At 7: 52 P.M., a city Council/Housing Authority Special Joint Meeting was convened. 1 April 9, 1991 j')/ Housing Authority Roll Call: Present: Chair Pro Tempore Ken Genser Authority Member Robert T. Holbrook Authority Member Kelly Olsen Authority Member Antonio Vazquez Authority Member Dennis Zane Chair Judy Abdo Absent: Authority Member Herbert Katz Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen HA-I: HOUSING AUTHORITY MINUTES: Presented for approval were the Housing Authority Minutes of March 26, 1991. Chair Pro Tempore Genser moved to approve the minutes of March 26, 1991, as presented. Second by Authority Member Zane. The motion was unanimously approved, Authority Member Katz absent. HA-2: SECTION 8: Presented was a staff report recommending adoption Of a resolution amending the Consolidated Annual Contributions Contract and authorizing the Executive Director to execute the CACC. Authori ty Members asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Chair Pro Tempore Genser moved to adopt Resolution No. 44 (HAS) I entitled: uA RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING AMENDED EXHIBIT II TO PART I OF SECTION 8 HOUSING CERTIFICATE PROGRAM CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. SF-520 (E) AND AUTHORIZING EXECUTION, 11 reading by title only and waiving further reading thereof. Second by Authority Member vazquez. The motion was approved by the following vote: Housing Authority Vote: Affirmative: Authority Members Genser, Holbrook, Olsen, Vazquez I Zanel Chair Abdo Absent: Authority Member Katz At 8: 00 P. M., the Special City council/Housing Authority Joint Meeting was adj ourned and the Ci ty Council Meeting was reconvened. 5-A: ABATEMENT OF NUISANCE/2438 OCEAN PARK BOULEVARD: Presented was a staff report recommending adoption of a resolution I confirming the report regarding abatement of a nuisance at 2438 Ocean Park Boulevard and authorizing a special assessment. At 8:01 P.M.1 Mayor Abdo declared the public hearing open. There being no one wishing to speak, the public hearing was closed. Councilmember Zane moved to adopt the Resolution of Confirmationl authorize the filing of the Notice of Lien, and increase budgeted revenue. second by Councilmember Vazquez. The motion was approved by the following vote: 2 April 9, 1991 I 398 council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: councilmember Katz By virtue of the above action, Resolution No. 8202(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE NUISANCE ABATEMENT BOARD AND AUTHORIZING THE SPECIAL ASSESSMENT OF NUISANCE ABATEMENT COSTS UPON CERTAIN PROPERTY WITHIN THE CITY," reading by title only and waiving further reading thereof. 5-B: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff report acknowledging protests and recommending adoption of a resolution confirming the report regarding repairs to damaged sidewalks, driveways and curbs (SR-91-169/170). Council asked questions of staff. At 8:10 P.M., Mayor Abdo declared the public hearing open. There being no one wishing to speak, Mayor Abdo closed the pub 1 ic hearing. Mayor Pro Tempore Genser moved to acknowledge the protests and adopt Resolution No. 8203(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-91- 169/170, II reading by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 5-C: ABATEMENT OF WEEDS AND RUBBISH: Presented was a staff report regarding the intention to abate weeds and rubbish and to award an abatement contract to Gary's Lot Cleaning in the amount of $39,700. Council asked questions of staff. At 8:19 P.M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the public hearing at 8: 20 P.M. Councilmember Zane moved to award the weed and rubbish abatement Contract No. 5663 (CCS) to Gary's Lot Cleaning in the amount of $39,700. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Vazquez, Zane, Mayor Abdo Absent: councilmember Katz 5-D: MRS. J. CURRAN: Mayor Pro Tempore Genser moved to receive and file the request of Mrs. J. Curran to address Council regarding a failure to observe the law. Second by Councilmember Olsen. The motion was approved by the following vote: 3 April 9, 1991 j~~ Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz Items 5-E through 5-0 were considered later in the meeting. 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 Zane moved to approve the Consent Calendar, with the exception of Items 6-E and 6-J 1 reading resolutions and ordinances by title only and waiving further reading thereof. 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 6-A: MINUTES APPROVAL: The minutes of the City council meetings of March 19, and March 26, 1991, were approved as presented. 6-B: PARCEL MAP 21506/2318 2ND STREET: Resolution No. 8204 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING AMENDING PARCEL MAP NO. 21506," was adopted thereby approving a 4-unit development at 2318 2nd street. 6-C: REMODELING OF BRILES AIRPORT HANGAR: Contract No. 5664(CCS) was awarded to Axis Construction, Inc. in the amount of $157,500 for the remodeling of the Briles Airport Hangar. 6-0: PURCHASE OF AMBULANCE: Bid No, 2351 was awarded to Leader Industries in the amount of $49,220 for the purchase of an ambulance for the Fire Suppression Division, Fire Department. 6-F: EIR/CLOVERFIELD WIDENING PROJECT: Contract No. 5665(CCS} was approved authorizing the city Manager to negotiate and execute a contract with EIP Associates in the amount of $56,508 to prepare an EIR on the Cloverfield Widening Project. 6-G: FINAL SUBDIVISION MAP/TRACT NO. 48924/TPC-I01/908-912 6TH STREET: Resolution No. 8205(CCS) entitled: itA RESOLUTION OF THE I CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48924," was adopted thereby approving a 20-unit Tenant-Participating Conversion at 908-912 6th street. 6-H: FINAL SUBDIVISION MAP/TRACT NO. 48602/TPC-092/23l1 FOURTH STREET: Resolution No. 8206(CCS) entitled: lIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48602,11 was adopted thereby 4 April 9, 1991 I 400 approving a 61-unit Tenant-Participating Conversion at 2311 Fourth street. 6-1: FINAL SUBDIVISION MAP/TRACT NO. 48049/TPC-082/948-950 16TH STREET: Resolution No. 8207(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48049," was adopted thereby approving a 5-unit Tenant-Participating Conversion at 948-950 16th Street. END OF CONSENT CALENDAR 6-E: OCEAN AVENUE OUTDOOR DINING GUIDELINES: The recommendation to approve the Ocean Avenue Outdoor Dining Guidelines and authorize the City Manager to negotiate and execute license and easement agreements with restaurant operators applying for outdoor dining on Ocean Avenue consistent with the guidelines was continued at the request of staff. 6-J: TEXT AMENDMENT OF ZONING ORDINANCE/CONSTRUCTION RATE PROGRAM: Presented was a staff report recommending adoption of a resolution initiating a text amendment of the Zoning Ordinance to establish a Citywide construction rate program. Members of the pUblic Joy Fullmer and Ken Kutcher expressed their concerns. Council asked questions of staff. Discussion was held. Mayor Pro Tempore Genser moved to adopt Resolution No. 8208(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INITIATING A TEXT AMENDMENT OF THE ZONING ORDINANCE TO ESTABLISH A CITYWIDE CONSTRUCTION RATE PROGRAM, II as amended by the City Attorney with clarifying language stating within 300 linear feet in the north and south direction of a project if the project is on a north/south street or within 300 linear feet in the west and east direction of a project if the project is on a west/east street, reading by title only and waiving further reading thereof. Council asked questions of staff. Discussion was held. Second by Counci1member Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Counci1member Katz 7-A: APPEAL/CUP 90-075/TENTATIVE TRACT MAP 50221/CONDOMINIUMS/ 1226 11TH STREET: Presented was the appeal of a Planning Commission denial of CUP 90-075 and vesting Tentative Tract Map 50221 to allow the construction of a six-unit condominium at 1226 11th street. Applicant/Appellant: Lance Lentz. At 8:45 P.M., Council adj ourned for a short recess. At 8: 50 P. M., Council reconvened with all members present except Councilmember Katz. The presentation resumed. Council asked questions of staff. Rosario Perry, representing the Applicant/Appellant, addressed Council in favor of the appeal. Applicant/Appellant Lance Lentz addressed Council in favor of the appeal. steven Sorudrauer, representing the Applicant/Appellant, addressed Council in favor of the appeal. Council asked questions of the Applicant/ 5 April 9, 1991 QUl. Appellant and representatives. council asked questions of staff.Members of the public, Syd Jurin, Jan Paley, Dave Paley, Merritt Coleman and Bruce Cameron spoke in opposition to the appeal and the project as presented. Members of the public Jamie Lennon, Erica Dean, Royal Dean, John Frank, Christopher Andrews, and Lorenzo Aguayo spoke in favor of the appeal. At 9:55 P.M., Council adjourned for a short recess. At 10:15 P.M., council reconvened with all members present except councilmember Katz. Applicant/Appellant Rosario Perry presented the rebuttal. Discussion was held. Mayor Pro Tempore Genser moved to reject the categorical exemption and remand this item to staff for additional analysis under CEQA. Second by councilmember Olsen. Council asked questions of staff. Discussion was held. Councilmember Zane moved a substitute motion to approve the appeal and overturn the Planning commission denial with the findings and conditions that were attached subject to the addi tional condition that the proj ect return to the Planning Commission for review of a new site plan which includes at least a minimum 40' third floor setback on the front half of the third floor and at least a minimum 30' setback on the back half with a third floor height limit of 40' and a total of five units. Second by Councilmember Vazquez. Discussion was held. The motion was approved by the following vote: Councilmember Katz reported present at 10:30 P.M. Council vote: Affirmative: Councilmembers Holbrook, Vazquez, Zane, Mayor Abdo Negative: Councilmembers Genser, Olsen Abstain: Councilmember Katz councilmember Katz requested that the record reflect that he abstained from voting on this item due to the fact that he did not hear the public hearing and it would not be proper for him to vote. Council asked questions of staff. Councilmember Zane moved to reconsider his preceding motion. Second by Councilmember Vazquez. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Olsen, I Vazquez, Zane, Mayor Abdo Negative: Councilmember Holbrook Abstain: Councilmernber Katz Councilmember Zane moved to approve the appeal and overturn the planning Commission denial with the findings and conditions that were attached subject to the additional condition that the proj ect return to the Planning Commission for review of a new 6 April 9, 1991 I 402 site plan which includes at least a ml.nl.mum 40' third floor setback on the front half of the third floor. and at least a minimum 30' setback on the back half with a third floor height limit of 40' and a total of five units and also including an additional condition that any decision of the Planning Commission with respect to the layout on design within the parameters which the council has approved by this motion, is appealable to the Council. Second by Councilmember vazquez. Discussion was held. Councilmember Zane moved to amend his motion to include a condition that the square footage on the third floor be within 5% of that as illustrated in the shading in the illustration provided by the architect. The amendment was accepted as friendly. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Holbrook, Zane, Mayor Abdo Vazquez, Negative: Councilmembers Genser, Olsen Abstain: Councilmember Katz Councilmember Zane moved to hear, in the following Nos. 8-A, S-C, 13-A, 5-K, 5-N, and 5-0, and extend until 12:00 Midnight. Second by Councilmember Katz. was unanimously approved. order, Item the meet ing The motion S-A: MORATORIUM/11TH STREET: Presented was an emergency ordinance for introduction and adoption declaring a moratorium and limiting development on 11th street between Wilshire Boulevard and Arizona Avenue and on 1107 through 1115 Arizona Avenue inclusive. At 11:10 P.M., Mayor Abdo declared the public hearing open. Member of the public Mofid Bissada spoke in opposition to the proposed ordinance. Member of the public Joy Fullmer expressed her concerns. Members of the pUblic Syd Jurin, Dave Paley, and Merritt Coleman spoke in favor of the proposed ordinance. Councilmember Katz moved to introduce and adopt Ordinance No. 1579 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A MORATORIUM AND LIMITING DEVELOPMENT ON 11TH STREET BETWEEN WILSHIRE BOULEVARD AND ARIZONA AVENUE AND ON 1107 THROUGH 1115 ARIZONA AVENUE INCLUSIVE AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Katz, Olsen, Vazquez, Abdo Holbrook, Zane, Mayor 8-C: WATER CONSERVATION: Presented was an emergency ordinance for introduction and adoption amending the mandatory water conservation measures for the Ci ty of Santa Monica. Council asked questions of staff. At 11:40 P.M., Mayor Abdo declared the public hearing open. Member of the pUblic Joy Fullmer expressed her concerns. Members of the pUblic Tom Healy, John Jurenka, and 7 April 9, 1991 l:lU,; Bernard zimmering spoke in opposition to the proposed ordinance. Mayor Abdo closed the pUblic hearing at 11:55 P.M. councilmember Katz moved to approve the staff recommendation with the condition that covered spas and hot tubs of a capacity of up to 500 gallons be permitted. Second by councilmember Olsen. Discussion was held. The motion was approved by the fOllowing vote: Council vote: Councilmembers Genser, Katzl Olsen, Vazquez, Abdo Holbrookl Zane, Mayor Affirmative: By virtue of the above action, Ordinance No. l580(CCS) entitled: "AN 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" was passed, approved, and adopted, reading by title only and waiving further reading thereof. Councilmember Zane moved to extend the meeting to 12: 15 A. M. Second by Councilmember Olsen. The motion was unanimously approved. l3-A: ANIMAL SACRIFICES: Presented was the request of Patty Shenker, Doug stoll and Linda Buckell to address Council regarding animal sacrifices. Mayor Pro Tempore Genser moved to waive the rules and allow a substitute speaker. Second by Councilmember Zane. The motion was unanimously approved. Terri Macellaro addressed Council. Councilmember Zane moved to refer this matter to the City Attorney to review and return with recommendations within three months or sooner. Second by Councilmember Olsen. Discussion followed. Councilmember Zane withdrew his motion. councilmember Olsen moved to refer this matter to the city Attorney for review and return with recommendations within three months or sooner. Second by Councilmember Katz. Motion was approved, Mayor Abdo opposed. 5-K: LEADERSHIP STRATEGIES FOR HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT CONFERENCE: Presented was the request of councilmember Vazquez to address Council regarding attendance at the Leadership strategies for Housing and Community Economic Development Conference in San Antonio, Texas. Mayor Pro Tempore Genser moved to approve attendance of any Councilmember. Second by Councilmember Katz. The motion was unanimously approved. 5-N: BUILDING HEIGHT: Presented was the request of Mayor Pro Tempore Genser to discuss directing the city Attorney to prepare I an ordinance (or emergency ordinance) to lower the permitted building heights on Pacific Coast Highway/Palisades Beach Road north of the Santa Monica Pier, Mayor Pro Tempore Genzer moved to direct the city Attorney to prepare an emergency ordinance. Second by Councilmember Katz. The motion was unanimously approved. 5-0: LETTER OF RESIGNATION/CAROL E. HETRICK: Council accepted with regrets the letter of re~ignation of Carol E. Hetrick from the Personnel Board and authorized the City Clerk to advertise a 8 April 9, 1991 I 4U4 notice of vacancy. Councilmember Zane moved to authorize the City Clerk to publish a notice of vacancy. Second by Councilmember Katz. The motion was unanimously approved. 5-E: LETTER OF RESIGNATION/VITO CETTA: Acceptance of the letter of resignation of Vito Cetta and the appointment of members to the Bayside District Corporation was continued to the meeting of April 16, 1991. 5-F: SOCIAL SERVICES COMMISSION: The appointment of a member to the Social Services Commission was continued to the meeting of April 16, 1991. 5-G: ARTS COMMISSION: The appointment of members to the Arts Commission was continued to the meeting of April 16, 1991. 5-H: WESTSIDE URBAN FORUM: The request of Mayor Abdo to discuss approval of City membership in the Wests ide Urban Forum was continued to the meeting of April 16, 1991. 5-1: LETTER OF RESIGNATION/IRVING H. LASKEY: Presented was the matter of the acceptance of the letter of resignation from Irving H. Laskey from the Commission on Older Americans and authorization to the city Clerk to publish a Notice of Vacancy. councilmember Holbrook moved to accept the resignation with regret and authorized the City Clerk to publish a Notice of Vacancy. Second by Councilmember Katz. The motion was unanimously approved. 5-J: SANTA MONICA HIGH SCHOOL GRAD NITE: Presented was the request of Mayor Abdo to discuss a contribution to the Santa Monica High School Grad Nite event. Mayor Abdo moved to authorize a contribution of $10,000.00 if matched by event committee. Second by Councilmember Katz. The motion was unanimously approved. 5-L: CALIFORNIA ENERGY COMMISSION: Presented was the request of Mayor Abdo to discuss waiving the fee for the use of the Council Chambers by the California Energy commission on April 3, 1991. Mayor Pro Tempore Genser moved to approve waiving the fee for the use of the Council Chambers. Second by Councilmember Katz. The motion was unanimously approved. 5-M: APPOINTMENTS TO CITY BOARDS AND COMMISSIONS: Presented was the request of the City Clerk for authorization to advertise for annual appointments for various city Boards and Commissions. Councilmember Zane moved to approve the request of the city Clerk. Second by CQuncilmernber Katz. The motion was unanimously approved. 8::.B: MORATORIUM/BASEMENTS AND UNDERGROUND GARAGES: The ordinance for introduction and first reading extending the moratorium on construction of basements and underground garages beneath required yards in the Rl Zone was continued to the meeting of April 16, 1991. 9 April 9, 1991 405 9-A: LAND USE AND IMPLEMENTATION PLAN OF LOCAL COASTAL PROGRAM: The recommendation to adopt a resolution approving Land Use and Implementation Plan of Local Coastal Program was continued to the meeting of April 16, 1991. 9-B: BEACH PARKING LOT FEES: The recommendation to adopt a resolution to increase the maximum daily beach parking lot fees was withdrawn at the request of staff. g-C: CLOSED SESSION: Not held. 14-A: JOINT MEETING/BAYS IDE DISTRICT CORPORATION/PLANNING COMMISSION/CITY COUNCIL: The request of Councilmember Zane and Councilmember Katz to discuss scheduling a joint meeting of the Bayside District Corporation, Planning Commission, and city Council about issues on the Third street Promenade was continued to the meeting of April 16, 1991. ADJOURNMENT: At 12:15 A.M., the meeting was adjourned. ATTEST: M~~ /J!~ c~arice E. Joz:",--70 City Clerk APPROVED: ~ p,/b Judy Abdo Mayor 10 April 9, 1991 I