M-4/9/1991
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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.
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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:
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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:
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April 9, 1991
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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
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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/
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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
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April 9, 1991
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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
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April 9, 1991
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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
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April 9, 1991
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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.
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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
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