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M-3/26/1991 I 384 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 26, 1991 A meeting of the Santa Monica City Council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, March 26, 1991, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser (arrived at 7:45 P.M.) Councilmember Robert T. Holbrook Councilmember Herbert Katz 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 Zane led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. 4-A: PEACE CORPS DAY: Mayor Abdo presented a Proclamation proclaiming March 26, 1991, to be "Peace Corps Day," in the City of Santa Monica. At 7: 42 P.M., a city council/Housing Authority Special Joint Meeting was convened by Mayor/Chair Abdo. Housing Authority Roll Call: Present: Chair JUdy Abdo Chair Pro Tempore Ken Genser (arrived at 7:45 P.M.) Authority Member Robert T. Holbrook Authority Member Herbert Katz Authority Member Kelly Olsen Authority Member Antonio Vazquez Authority Member Dennis Zane Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen HA-1: HOUSING AUTHORITY MINUTES: Presented for approval were the Housing Authority Minutes of February 26, 1991. Authority Member Zane moved to approve the minutes of February 26, 1991, as presented. Second by Authority Member Katz. The motion was unanimously approved, Authority Member Genser absent. HA-2: SECTION 8: Presented was a staff report recommending the adoption of a resolution requiring that Board approval must be I MARCH 26, 1991 385 received for any operating reserve expense for housing related activity other than the direct administration of the section 8 program. Housing Authority Member Genser arrived for the meeting. Member of the public Joy Fullmer expressed her concerns. Authority Member Hqlbrook moved to adopt Resolution No. 43 (HAS) entitled: nA RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA REQUIRING BOARD OF COMMISSIONERS APPROVAL FOR ANY SECTION 8 OPERATING RESERVES EXPENDED FOR OTHER HOUSING RELATED ACTIVITIES OTHER THAN DIRECT ADMINISTRATION OF THE SECTION 8 PROGRAM," reading by title only and waiving further reading thereof. Second by Authority Member Katz. The motion was approved by the following vote: Housing Authority Vote: Unanimously approved 7-0 At 7:47 P.M., the Special city Council/Housing Authority Joint Meeting was adjourned and the City Council Meeting was 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. Mayor Pro Tempore Genser moved to approve the Consent Calendar , with the exception of Items 6-F and 6-G, 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: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The minutes of the city council meetings of March 5, and March 12, 1991, were approved as presented. 6-B: . SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8l99(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-9l-171)," was adopted, thereby setting a public hearing for April 23, 1991. 6-C: FINAL SUBDIVISION MAP/TRACT NO. 49449/TPC-113/844 16TH STREET: Resolution No. B200(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49449," was adopted, thereby approving a 6-unit tenant participating conversion project at 844 16th Street. 6-0: AID TO CITIES: Resolution No. 8201 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS TO BE USED IN ACCORDANCE WITH THE GUIDELINES FOR SAID FUNDS," was adopted, thereby requesting that the Los Angeles County Board of Supervisors allocate 1989-90 uAid to Citiesu (ATC) Gas Tax funds in the amount of $111,638. 2 MARCH 26, 1991 I I .;.ll:Hl 6-E: WOODLAWN CEMETERY MAINTENANCE BUILDING: Contract No. 5660(CCS) was awarded to Axis Construction Co., in the amount of $166,500 for an addition and remodeling of the Woodlawn cemetery Maintenance Building. 6-H: PROGRAM 10: Ordinance No. 1576(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUSPENDING IMPLEMENTATION OF PROGRAM 10 CONDITIONS UNTIL ADOPTION OF PROGRAM 10 IMPLEMENTING ORDINANCE, REPEALING ORDINANCE NUMBERS 1486 (CCS) AND 1529 (CCS), AND NULLIFYING PREVIOUSLY IMPOSED PROGRAM 10 CONDITIONS," was adopted. END OF CONSENT CALENDAR 6-F: RESTROOM/SHOWER FACILITIES AT MEMORIAL PARK: Presented was a staff report transmitting a recommendation to award a contract to remodel the restroom/shower facilities at Memorial Park. Member of the public Joy Fullmer expressed her concerns. Mayor Pro Tempore Genser moved to award Contract No. 5661(CCS) to remodel the restroom/shower facilities at Memorial Park to Max Construction in the amount of $57,495. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-G: REMODEL AND RENOVATE CITY HALL OFFICE SPACES: Presented was a staff report recommending the allocation of additional funds for the remodeling and renovation of various City Hall office spaces. Member of the public Joy Fuller expressed her concerns. Mayor Pro Tempore Genser moved to allocate additional funds for the remodeling and renovation of various City Hall office spaces. Second by councilmember Vazquez. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 7-0 7-B: APPEAL/CUP 90-099/RESTAURANT/309 SANTA MONICA BOULEVARD: Councilmember Katz moved to continue Item 7-B an appeal of the Planning Commission approval of Conditional Use Permit 90-099 to allow the operation of a 393-seat entertainment facility and restaurant with a Type-47 AlCOhol License at 309 Santa Monica Boulevard to April 2, 1991, at the request of the applicant. Discussion was held. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Vazquez, Zane, Mayor Abdo Katz, Negative: Councilmembers Genser, Olsen 7-A: APPEAL/DEVELOPMENT REVIEW 90-007/VARIANCE 90-023/NEGATIVE DECLARATION 896/MIXED USE BUILDING/1423 SECOND STREET: Presented was the appeal of Planning Commission approval of Development Review 90-007, Variance 90-023, and Negative Declaration 896 for a five-story, 31,775 square foot, mixed-use building with ground floor retail space and four levels of residential space located 3 MARCH 26, 1991 387 at 1423 Second Street. Appellant: Second & Santa Monica Associates. Applicant: community corporation of Santa Monica. council asked questions of staff. Richard Keller, speaking on behalf of the appellant, spoke in favor of the appeal and in opposition to the project. Council asked questions of Mr. Keller. steaven K. Jones, also speaking on behalf of the appellant, spoke in favor of the appeal and in opposition to the project. Council asked questions of Mr. Jones. James Wheaton, representing the Applicant, spoke in favor of the project and in opposition to the appeal. Council asked questions of the applicant. Member of the public Joy Fullmer expressed her concerns. Members of the public Frank Gussman, Tony Minero, and Robert MacIntire spoke in opposition to the project as presented. Members of the public Monica Sahagun, Mardi Lujan, Tom carroll, Hector Alejandro, John Given, and Lindsey Haly spoke in support of the project. Council asked questions of staff. Councilmember Katz moved to deny the appeal and uphold the Planning Commission approval of Development Review 90-007 and Negative Declaration 896 with findings and conditions, and overturn the Planning Commission approval of variance 90-023. Second by Councilmember Vazquez. Discussion was held. council asked questions of staff. Discussion continued. Mayor Pro Tempore Genser moved to amend the motion to require that the loading zone be a loading zone only and not a patio/loading zone. The motion was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Katz moved to direct staff to return, prior to budgeting, with a schedule, selection of architect, and specific work program for the addition to the parking structure. Second by Councilmember Zane. Discussion was held. The motion was unanimously approved. At 9:40 P.M., Council adjourned for a short recess. At 10:00 P.M., council reconvened with all members present. 8 -A: MORATORIUM/MULTIFAMILY RESIDENTIAL DEVELOPMENT: Presented was an emergency ordinance for introduction and adoption establishing a six-month moratorium on multifamily residential development with certain exemptions in order to comply with proposition R. Council asked questions of staff. At 10:01 P.M., Mayor Abdo declared the pub 1 ic hearing open. Member of the public Joy Fullmer expressed her concerns. Members of the public Ken Kutcher, Evelyn Salem, and Herbert Hall spoke in opposition I to the proposed ordinance. Member of the public John Given spoke in favor of the proposed ordinance. Mayor Abdo closed the public hearing at 10:17 P.M. Councilmember Zane moved to introduce and adopt Ordinance No. 1577(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A SIX-MONTH MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH CERTAIN EXEMPTIONS IN ORDER TO COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. 4 MARCH 26, 1991 I 388 Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Negative: councilmember Katz Councilmember Katz requested that the record reflect that he voted "no" on this item as he believes that this is a grave error as it is acting on the Housing Element unnecessarily. He does not believe that this should be an emergency ordinance, and, most importantly, this ordinance will effectively stop housing in the city. 8-B: LEAFBLOWERS: Presented was an ordinance for second reading and adoption adding Santa Monica Municipal Code section 4212 prohibiting leafblower operations and repealing Santa Monica Municipal Code Section 4315 relating to hours of leafblower operation. Councilmember Katz moved to hear members of the public. Second by Councilmember Vazquez. The motion was unanimously approved. Member of the pUblic Ray Bahn spoke in opposition to the proposed ordinance. Mayor Pro Tempore Genser move to adopt Ordinance No. 1578(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE SECTION 4212 AND REPEALING SANTA MONICA MUNICIPAL CODE SECTION 4315 RELATING TO RESTRICTIONS ON LEAF BLOWER OPERATION," reading by title only and waiving further reading thereof. Second by Councilmember Olsen. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to notify holders of business licenses in the proper category. The motion was accepted as friendly. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to direct staff to use appropriate means to notify the general public, with special efforts toward members of the minority communities, i.e., contacting minority-oriented media, an article in The Seascape or an insert with the water bills, notification on cable and the PEN system. The amendment was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 9-A: TASK FORCE ON HOMELESSNESS: Presented was the staff report recommending the creation of a Task Force on Homelessness. Council asked questions of staff. Member of the pUblic Joy Fullmer expressed her concerns. Mayor Pro Tempore Genser moved to approve the proposed mission, goals and membership for the new Task Force on Homelessness. Second by councilmember Vazquez. Discussion was held. The motion was approved by the following vote: Council vote: unanimously approved 7-0 Daniel Kingsley, Peter Lewi, William Mortensen, Jeanne Segal, Polly Benson-Brown, Norman Colbert, Conway Collis, Sharon Gilpin, Chris Jackson, Madeleine stoner, Michelle Wittig, Mona Lisa 5 MARCH 26, 1991 jl;~ William, Rev. Donald Shelby, Rabbi Mel Gottlieb, Daphne Dennis, Rhonda Meister, Vivian Rothstein, and Darrell Tidwell were appointed to the Task Force on Homelessness. Councilmember Katz m.oved to extend the m.eeting to 11: 30 P.M. Second by Councilmember Olsen. The motion was approved, Councilmember Zane opposed. Mayor Pro Tempore Genser moved to continue all remaining items to the meeting of April 2, with the exception of Item 14-1 and the Closed session. Second by Councilmember Olsen. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Negative: Councilmember Katz la-A: ABATEMENT OF NUISANCE/2438 OCEAN PARK BOULEVARD: The public hearing and resolution confirming the report regarding abatement of a nuisance at 2438 Ocean Park Boulevard and authorizing special assessment was continued to the meeting of April 2, 1991. 10-B: SIDEWALKS, DRIVEWAYS, AND CURBS: The public hearing and resolution confirming the report regarding repairs to damaged sidewalks, driveways and curbs (SR-91-169/170) was continued to the meeting of April 2, 1991. 10-C: ABATEMENT OF WEEDS AND RUBBISH: The public hearing on the intention to abate weeds and rubbish and to award an abatement contract to Gary 1 S Lot Cleaning in the amount of $39,700 was continued to the meeting of April 2, 1991. 13-A: MRS. J. CURRAN: The request of Mrs. J. Curran to address Council regarding a failure to observe the law was continued to the meeting of April 2, 1991. 14-A: LETTER OF RESIGNATION/VITO CETTA: The 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 2, 1991. 14-B: SOCIAL SERVICES COMMISSION: The appointment of a member to the Social services commission was continued to the meeting of April 21 1991. 14-C: ARTS COMMISSION: The appointment of members to the Arts Commission was continued to the meeting of April 2, 1991. 14-0: WESTSIOE URBAN FORUM: The request of Mayor Abdo to discuss approval of City membership in the Westside Urban Forum was continued to the meeting of April 2, 1991. 14-E: LETTER OF RESIGNATION/IRVING H. LASKEY: the letter of resignation from Irving H. The acceptance of Laskey from the 6 MARCH 26, 1991 I I 390 commission on Older Americans and authorization to the City Clerk to publish a Notice of Vacancy was continued to the meeting of April 2, 1991. l4-F: SANTA MONICA HIGH SCHOOL GRAD NITE: The request of Mayor Abdo to discuss a contribution to the Santa Monica High School Grad Nite event was continued to the meeting of April 2, 1991. 14-G: LEADERSHIP STRATEGIES FOR HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT CONFERENCE: 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, was continued to the meeting of April 2, 1991. ~:4-H: COUNCIL CHAMBERS FEE/CALIFORNIA ENERGY COMMISSION: 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, was continued to the meeting of April 2, 1991. 14-I: DEVELOPMENT PERMITS: Presented was Mayor Pro Tempore Genser's request to direct the city Attorney to prepare an ordinance regarding development permits. Mayor Pro Tempore Genser moved to direct the City Attorney to prepare an ordinance to require that the rights granted by development permits issued by the city are exercised in a dil igent manner by the permit holders; direct staff to verify that the issuance of extensions of development permits and building permits by the City has been done in accordance with the provisions of the Municipal Code; direct staff to recommend to the Council appropriate remedies, if any, should it be determined that permit extensions have been issued in error; and direct staff to not issue discretionary extensions of development permits until the Council has reviewed the standards for permi t extensions. Second by Councilmember Olsen. Discussion was held. Mayor Pro Tempore Genser withdrew the portion of his motion directing staff to stop issuing discretionary extensions of development permits until the Council has reviewed the standards for permit extensions. Discussion continued. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Olsen moved to extend the meeting to 11:50 P.M. Second by Mayor Pro Tempore Genser. The motion was approved, councilmembers Katz and Vazquez opposed. 15. PUBLIC INPUT: Members of the public Joy Fullmer and Art Casillas addressed Council. CLOSED SESSION: At 11: 31 P.M., council adjourned to Closed Session. At 11: 47 P.M., council reconvened with all members present. Mayor Abdo announced that no action was taken in Closed Session. 7 MARCH 26, 1991 391 ADJOURNMENT: At 11:47 P.M., the meeting was adjourned in memory of Dr. cyril Gail. ATTEST: A../? {f)!:r ~ :U~ ' .. ;U{l.L4/'--" crarice E. Jo sen City Clerk APPROVED: fM Judy Abdo Mayor 8 MARCH 26, 1991 I