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M-3/19/1991 I -'/0 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 19, 1991 The adjourned meeting of the Santa Monica city council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, March 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 Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen councilmember Vazquez led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. INSPIRATION: Kyoto CUltural Ambassadors provided a moment of inspiration and were presented with a proclamation and official city pins by Mayor Abdo. Councilmember vazquez moved to add Items 6-A and 14-G to the agenda. Second by Councilmember Olsen. The motion was approved by the following vote: council vote: Unanimously approved 7-0 6-A: WATER CONSERVING SHOWERHEADS/FAUCET AERATORS: Presented was a staff report transmittinq a recommendation to approve the emergency purchase of water conserving showerheads and faucet aerators for the City's Emergency Water Conservation program. Member of the public Joy Fullmer expressed her concerns. Council asked questions of staff. Mayor Pro Tempore Genser moved to approve the purchase of water conserving showerheads and faucet aerators for the City's Emergency Water Conservation Program, waiving the bidding requirements due to the existing emergency. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-A: OP-2 AND R2R DISTRICTS: Mayor Pro Tempore Genser declared a conflict of interest and excused himself from the council deliberation regarding this matter. Presented was a staff report transmi tting an emergency ordinance for introduction to change the method for calculating height in the OP-2 District~ to reduce the permitted height; and to require that building entrances be 1 MARCH 19, 1991 .;J/::J oriented to the street in the R2R District. Council asked questions of staff. At 8:16 P.M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Members of the pUblic Terri Walsh, Bea Nemlaha, and Roberta Goldfarb spoke in support of the proposed ordinance. Mayor Abdo closed the public hearing at 8:30 P.M. Councilmember Katz moved to introduce and adopt Emergency ordinance No. 1575(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE R2R AND OP-2 ZONING DISTRICTS ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof, with the following amendment to Page 3, Section 2(3): . . . a building entrance oriented toward the street..., however, the front door need not be parallel with the street;" and change the obligatory front porch to permissive. The motion was Second by Mayor Abdo. Discussion was held. approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Genser 8-C: PROGRAM 10: Presented was an ordinance for introduction and first reading regarding suspending implementation of Program 10 until the adoption of a Program 10 Implementing Ordinance, repealing Ordinance Numbers 1486 (CCS) and 1529 (eCS) , and nUllifying previously imposed Program 10 conditions. Council asked questions of staff. At 8:45 P.M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Members of the public T.Y.K. Han and Julie Lopez Dad spoke in opposition to the proposed ordinance. Member of the public Chris Harding spoke in support of the proposed ordinance with revisions. Mayor Abdo closed the public hearing at 9: 00 P.M. Discussion was held. Councilmember Zane moved to introduce for first reading an ordinance 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 (ces), AND NULLIFYING PREVIOUSLY IMPOSED PROGRAM 10 CONDITIONS, II reading by title only and waiving further reading thereof. Second by Councilmernber Katz. The motion was approved by the fOllowing vote: council vote: Unanimously approved 7-0 Councilmember Zane moved to direct staff to return with a work program for developing a replacement housing program as part of the 1991-92 budget process and in correlation with the schedule of other housing programs. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was approved by the following vote: 2 MARCH 19, 1991 I I 380 council vote: Unanimously approved 7-0 At 9:16 P.M., Council adjourned for a short recess. P.M., Council reconvened with all members present. At 9: 32 9-A: MITIGATION OF WATER DEMAND: Presented was a staff report recommending the adoption of a resolution setting fees for the mitigation of water demand from new development. council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved to adopt Resolution No. 8196 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PERTAINING TO WATER DEMAND MITIGATION FEES FOR NEW DEVELOPMENT," reading by title only and waiving further reading thereof. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: council vote: Unanimously approved 7-0 9-B: COMMERCIAL MORATORIUM WORK PROGRAM: Presented was the staff report requesting direction on a proposed one-year commercial moratorium work program. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Member of the public Kathleen Schwallie spoke in opposition to the work program as proposed. Discussion was held. Councilmember Katz moved to extend the work program to one year, instead of two years, the issue of a one or two year program to be decided at a later date. Second by Councilmember Holbrook. Discussion was held. Councilmember Katz withdrew his motion. Councilmember Katz moved to direct staff to return with a study of the total concept of the work program and discuss the time period necessary to complete the program properly. Second by Councilmember Vazquez. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to delete the section entitled "Traffic Methodology and Definition of Significance" and to schedule a study session to deal with this issue for resolution as soon as possible in order to incorporate the outcome of the deliberations into the work plan; and that staff be directed to amend the Request for proposals to include the hiring of consultants who will consider both methodologies for the determination of significant traffic impacts. The amendment was accepted as friendly. Councilmember Zane moved to extend the meeting to 12:00 Midnight. Second by Mayor Pro Tempore Genser. The motion to extend the meeting was unanimously approved. The motion to direct staff regarding the work program, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 10-A: GUTTER CONSTRUCTION/STREET RESURFACING: Presented was a staff report advising that no protests have been received and recommending the confirmation of gutter construction and street resurfacing assessments on 12th street from Colorado Avenue to Wilshire Boulevard; 17th Street from Arizona Avenue to California Avenue; and Ocean Park Boulevard from 25th street to 31st Street in conjunction with the 1989-90 street resurfacing program. At 11:01 P.M., Mayor Abdo declared the public hearing open. Member 3 MARCH 19, 1991 381 of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the public hearing at 11: 02 P.M. Councilmember Vazquez moved to adopt Resolution No. 8197 (CCS) entitled: uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENTS FOR STREET RESURFACING AND GUTTER CONSTRUCTION ON VARIOUS CITY STREETS IN CONJUNCTION WITH THE 1989-90 STREET RESURFACING PROGRAM,tI reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 14-A: LETTER OF RESIGNATION/PETER NORTON/ARTS COMMISSION: presented was the matter of accepting the letter of resignation from Peter Norton of the Santa Monica Arts Commission. Mayor Pro Tempore Genser moved to accept with regrets the letter of resignation from Peter Norton from the Arts Commission and authorize the City Clerk to publish a Notice of Vacancy. Second by Councilmember Vazquez. The motion was unanimously approved. 14-B: CITY HALL PARKING LOT: Presented was the request of Mayor Pro Tempore Genser to discuss the City Hall parking lot. Mayor Pro Tempore Genser moved to direct staff to study alternatives to the present metered configuration of the city Hall parking lot. Second by Councilmember Vazquez. The motion was unanimously approved. l4-C: CITIZENS RESPONSE TO SEXUAL VIOLENCE: Presented was the request of Mayor Abdo to discuss the waiver of the rental fee for the Civic Auditorium for a daylong event, tlcitizens Response to Sexual Violence,t1 in September or October 1991. Mayor Abdo moved to waive the rental fee for the Civic Auditorium for a this event. Second by Councilmember Olsen. The motion was unanimously approved. 14-0: 345 ADELAIDE DRIVE: Presented was the request of Councilmember Zane to discuss the 345 Adelaide Drive proj ect. Councilmember Zane m9ved to consider the project at 345 Adelaide Drive at the meeting of April 23, 1991. Second by Councilmember Katz. Discussion was held. The motion was unanimously approved. 14-E: HIGH SCHOOL/MALIBU: Presented was the request of Councilmember Holbrook to discuss a resolution requesting the Santa Monica-Malibu Unified School District Board of Education to delay any decision to open a high school in Malibu. I Councilmember Holbrook moved to hear members of the public for two minutes each. Second by Councilmember Katz. The motion was unanimously approved. Member of the public Ed Gonzalez suggested possible conditions for future funding. Members of the public George HiCkey, Suzanne Brewer, and Jean Gebman spoke in support of the resolution as proposed by Councilmember Holbrook. Members of the public Patricia Hoffman and Connie Jenkins spoke in support of opening a high school in Malibu. Discussion was held. Councilmember Zane moved to extend the meeting to 12: 30 A.M. Second by Mayor Pro Tempore Genser. The motion was unanimously 4 MARCH 19, 1991 I ..:lIU approved. Mayor Pro Tempore Genser moved to adopt Resolution No. 8198 CCCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING QUALITY EDUCATION IN SANTA MONICA," reading by title only and waiving further reading thereof, thereby reaffirming Council's commitment to work with the residents of Santa Monica and the members of the Santa Monica-Malibu Unified School District Board of Education and urging the Board to consider the impact on Santa Monica High School with the establishment of a high school program in Malibu. Second by Mayor Abdo. Discussion was held. Councilmember Holbrook moved a substitute motion to adopt the resolution urging delay of any decision to open a high school in Malibu. Second by Councilmember Katz. Discussion was held. Councilmember Katz moved to amend the substitute motion to include the first paragraph of Mayor Pro Tempore Genser's resolution. The amendment was accepted as friendly. Discussion was held. The substitute motion failed by the following vote: council vote: Affirmative: Councilmembers Holbrook, Katz Negative: Councilmembers Genser, Vazquez, Zane, Mayor Abdo The main motion was approved by the following vote: Council vote: Unanimously approved 7-0 Olsen, 14-F: REMOVAL OF WATER CONSERVING DEVICES: Presented was councilmember Zane's request to discuss a proposal to direct the city Attorney to prepare an ordinance to make it unlawful for tenants to remove water conserving devices installed by their landlords. Councilmember Zane moved to direct staff to prepare an ordinance to make it unlawful for tenants to remove water conserving devices installed by their landlords and notify residents of same. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was unanimously approved. l4-G: OIL SPILL: Presented was the request of Mayor Abdo to discuss the recent oil spill in the Santa Monica Bay. Mayor Abdo moved to convey Council's support of staff to be as strong as possible in their response to this oil spill and to communicate with the appropriate elected officials, in Congress in particular, regarding the use of the Bay by oil tankers, oil pipelines, and for proposed oil drilling. Second by Councilmember Katz. Councilmember Zane moved to amend the motion to include communication from staff outlining who within the staff hierarchy is assigned to track these issues, including related legislation. The amendment was accepted as friendly. The amended motion was unanimously approved. Mayor Pro Tempore Genser moved to extend the meeting until 12:45 A.M. Second by Councilmember Vazquez. The motion was approved, Councilmember Katz opposed. 5 MARCH 19, 1991 383 15. PUBLIC INPUT: Member of the public Joy Fullmer addressed the Council regarding the recent problems being experienced by the Los Angeles Police Department. CLOSED SESSION: At 12: 30 A.M., Council adjourned to Closed session for the purpose of considering a settlement in the case of Fried v. City of Santa Monica, et al., Santa Monica superior court Case No. WEe 141002. At 12: 40 A.M., Council reconvened, Councilmembers Holbrook and Katz absent. Councilmember Zane moved to approve a settlement in the case of Fried v. City of Santa Monica, et al., in the amount of $45,000. Second by Mayor Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Olsen, Vazquez, Zanet Mayor Abdo Absent: Councilmembers Holbrook, Katz ADJOURNMENT: At 12:40 A.M. , the meeting was adjourned in memory of Dr. Leland H. Langbein. ATTEST: ~. --rf0/ 6Yl-/e-e--- 6" ~~C Clarice E. Jo6nsen City Clerk APPROVED: fL~ Judy Abdo Mayor 6 MARCH 19, 1991 I