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M-3/12/1991 S/.l CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 12, 1991 A regular meeting of the Santa Monica City Council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, March 12, 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 Zane led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. councilmember Zane moved to add Item 14-E to the agenda. Second by Councilmember Katz. The motion was unanimously approved. Councilmember Zane moved to continue all items except the Consent Calendar, the "7" items, and the "8" items to the meeting of March 19, 1991. Second by Councilmember Katz. The motion was unanimously approved. 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, 6-F, 6-G, 6-J, and 6-L, reading resolutions and ordinances by title only and waiving further reading thereof. Second by counci1member 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 meeting of February 19, 1991, were approved as presented, and the meeting of February 26, 1991, were approved as amended. 6-B: CAB & CHASSIS: Bid No. 2325 was awarded to Santa Monica Ford in the amount of $16/166.70 for one Cab and Chassis with 8' Stake Body for the Water Division, General Services Department. 6-C: FINAL SUBDIVISION MAP/PARCEL NO. 22269/CONDOMINIUMS/24l1 OAK STREET: Resolution No. 8191(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND 1 MARCH 12/ 1991 I I j/L APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 22269," was adopted, thereby approving a 4-unit condominium project at 2411 Oak street. 6-0: FINAL SUBDIVISION MAP/TRACT NO. 48726/TPC-097/1447 FRANKLIN STREET: Resolution No. 8192(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48726," was adopted, thereby approving a 4-unit tenant-participating conversion project at 1447 Franklin Street. 6-H: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEALS OF CUP 99-065/2435 MAIN STREET: Council approved the Statement of Official Action which contains findings and conditions of approval for CUP 90-065. 6-1: HANDICAPPED PARKING ZONES: Resolution No. 8195(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONES ADJACENT TO 2927 URBAN AND 1319 CHELSEA AVENUES," was adopted. 6-K: JANITORIAL SUPPLIES: Bid No. 2324 was awarded to Unisource to furnish and deliver janitorial supplies at specified unit prices for various departments. 6-M: SHORT RANGE TRANSIT PLAN: The City Manager was authorized to file the required updates to the Short Range Transit Plan; file applications for transit subsidy funds made available by the Los Angeles County Transportation Commission; set June 11, 1991, as the date of a public hearing to consider adjustments to the Santa Monica Municipal Bus Lines fare structure; and authorize staff to publish all appropriate notices. 6-N: CIVIL SERVICE EXAMINATIONS: Ordinance No. 1574 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2103C RELATING TO COMPETITIVE EXAMINATIONS I " was adopted. END OF CONSENT CALENDAR 6-E: FINAL SUBDIVISION MAP/TRACT NO. 48924/TPC-I01/908-912 6TH STREET: The resolution accepting and approving a Final SUbdivision Map for Tract No. 48924 for a 7-unit tenant- participating conversion project at 908-912 6th Street, was withdrawn at the request of staff. 6-F: FINAL SUBDIVISION MAP/TRACT NO. 21955/CONDOMINIUMS/1129 25TH STREET: Councilmember Katz excused himself from deliberations on this item due to a conflict of interest. Presented was a staff report transmitting a resolution approving Final Tract Map No. 21955 for a J-condominium project at 11.29 25th street. Councilmember Zane moved to adopt Resolution No. 8193 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48924, II reading by title only and waiving 2 MARCH 12, 1991 .)/.J 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 6-G: FINAL SUBDIVISION MAP/TRACT NO. 21954/CONDOMINIUMS/1123 I 25TH STREET: Councilmember Katz excused himself from deliberations on this item due to a conflict of interest. Presented was a staff report transmitting a resolution approving Final Tract Map No. 21954 for a 3-unit condominium project at 1123 25th Street. Councilmember Zane moved to adopt Resolution No. 8194(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21954, 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: Counci1members Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 6-J: PROHIBITION OF SMOKING: Presented was a staff report transmi tting a reco1l\Il\endation to direct the ci ty Attorney to draft an ordinance modifying Section 4922 of the Santa Monica Municipal Code to prohibit smoking in various city facilities. Discussion was held. Mayor Pro Tempore Genser moved to request staff to prepare an ordinance to cover all City facilities, both leased and owned, with the exception of the interview room at the Police Department. Second by Councilmember Olsen. Council asked questions of staff. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Katz, Olsen, Vazquez, Zane, Mayor Abdo Negative: Councilmember Holbrook 6-L: STATIONERY SUPPLIES: Presented was a staff report transmitting a recommendation to award Bid No. 2327 to Eastman to furnish and deliver miscellaneous stationery supplies at specified unit prices. Council asked questions of staff. Discussion was held. Councilmember Zane moved to award Bid No. 2327 to Eastman at specified unit prices to furnish and deliver miscellaneous stationery supplies for various departments. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: unanimously approved 7-0 7-A: APPEAL/CUP 90-026/CONDOMINIUMS/951 OCEAN AVENUE: Presented was an appeal of Planning Commission approval of Conditional Use Permit 90-026 to allow the construction of a 16-unit condominium 3 MARCH 121 1991 I 374 at 951 Ocean Avenue. Applicant: Sakakura America, Inc. Appellant: Michael Wiedder. Council asked questions of staff. Appellant Michael Wiedder spoke in support of the appeal and in opposition to the project. Jerry King, speaking on behalf of the applicant, spoke in support of the project and in opposition to the appeal. Members of the public Dee Marcus, Margi Franzel, Susan Meyer, Karen Brodsky, Mark Mawrence, Ken Breisch, Merritt Coleman, Erik Paul, and Nancy Desser spoke in opposition to the project at its present scale. Member of the public Gary Bonart expressed his concerns. Member of the public Jack Kennedy spoke in support of the project. Discussion followed. Councilmember Zane moved to uphold the appeal, overturn the Planning Commission approval, and deny the proj ect . Second by Mayor Pro Tempore Genser. Discussion was held. Councilmemher Katz moved a substi tute motion to approve the proj ect and deny the appeal. The motion died for lack of a second. The motion to uphold the appeal and deny the project was approved by the following vote: council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Negative: Councllmember Katz Councilmember Katz requested that the record reflect that he voted "no" on this item because this is an arbitrary action of Council. council adj ourned for a short recess. all members present. Council reconvened with 7-B: APPEAL/CUP 90-074/WINE TASTING/625 MONTANA AVENUE: Presented was the appeal of Planning Commission approval of CUP 90-074 to permit wine-tasting and classes in conjunction with existing retail sales for the Montana Wine company at 625 Montana Avenue. Applicant: Montana Wine Company. Appellant: Councilmember Holbrook/Jerry Bass. Council asked questions of staff. Appellant Jerry Bass spoke in support of the appeal and in opposition to the CUP. Council asked questions of Mr. Bass. Applicant Murray Weber spoke in support of the CUP and in opposition to the appeal. council asked questions of Mr. Weber. Councilmember Katz moved to extend the meeting to 12: 00 A.M. Second by Councilmember Olsen. The motion was unanimously approved. Member af the public Joy FUllmer expressed her concerns. Members of the public Robert Rogness, Serge Durand, Bill Thacker, Patty Phillips, and Steve McManus spoke in support of the CUP and in apposl tion to the appeal. Member of the publ ic Margaret Bach spoke in opposition to the CUP and in support of the appeal. Appellant Jerry Bass presented a rebuttal. Councilmember Katz moved to deny the appeal: uphold the conditions of the Planning Commission amended to change the hours of tasting to begin at 5:00 P.M., the number of bottles open at one time be restricted to three, and tastings be limited to three, Ij2-ounce servings per person per 24-hour period. Second by councilmember Vazquez. 4 MARCH 12, 1991 .J/::J Discussion was held. Council asked questions of staff. councilmember Katz moved to amend his motion to stipulate that, in order to meet Title 24, serving has to be downstairs in a separated area. Council asked questions of staff. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to mandate that all tastings be in an equally-accessible location. The amendment was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to specify that the consumption area I not be expanded into new space. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to eliminate Friday night as a tasting time. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to provide for a designated driver program for anyone who becomes intoxicated. The motion was accepted as friendly. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to include a five-year time limit on the Conditional Use Permit. Second by Councilmember Olsen. The motion to include a time limit on the cup failed by the following vote: Council vote: Affirmative: Councilmembers Genser, Olsen Negative: Councilmember Holbrook, Vazquez, Zane, Mayor Abdo Katz, Councilmember Olsen requested that the record reflect that he voted "yesU on this item as he has never known a CUP to be revoked in the city. The motion to deny the appeal and uphold the Planning Commission approval of the conditional Use Permit, as amended by Council, was approved by the following vote: Council vote: unanimously approved 7-0 Councilmember Olsen moved to extend the meeting past 12:00 A.M. Second by Mayor Pro Tempore Genser. The motion was approved, Councilmember Katz opposed. Discussion was held. Mayor Pro Tempore Genser moved to extend the meeting to 1:00 A.M. Second by Councilmember Zane. The motion failed, Councilmembers Holbrook, Katz, and Olsen opposed. Councilmember Olsen moved to extend the meeting to 12:30 A.M. to discuss Item 8-8 only. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. a-A: OP-2 AND R2R DISTRICTS: The emergency ordinance for introduction and adoption to change the method for calculating height in the OP-2 District, to reduce the permitted height and require building entrances oriented to the street in the R2R District was continued to the meeting of March 19, 1991, as a "511 Item. 8-8: LEAFBLOWER OPERATIONS: Presented was an ordinance for introduction and first reading adding Santa Monica Municipal Code section 4212 prohibiting leafblower operations and repealing santa Monica Municipal Code Section 4315 relating to hours of 5 MARCH 12, 1991 I 376 operation of leafblowers. Mayor Abdo opened the public hearing. Member of the public Joy Fullmer expressed her concerns. Members of the public Roy Imazu, Henry Fuj ita, Frank Okabayashi, and Takeshi Kotow spoke in opposition to the proposed ordinance. There being no one else wishing to speak, Mayor Abdo closed the public hearing. Councilmember Zane moved to introduce for first reading an ordinance 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, II reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Katz, Olsen, Vazquez, Zane, Mayor Abdo Negative: Councilmember Holbrook 8-C: PROGRAM 10: The ordinance for introduction and first reading regarding suspending implementation of Program 10 until adoption of Program 10 Implementing Ordinance, repealing Ordinance Numbers 1486(CCS) and 1529(CCS), and nullifying previously imposed Program 10 conditions was continued to the meeting of March 19, 1991. 9-A: MITIGATION OF WATER DEMAND: The resolution setting fees for mitigation of water demand from new development will be considered at the meeting of March 19, 1991. 9-B: COMMERCIAL MORATORIUM WORK PROGRAM: The request for direction on proposed one-year commercial moratorium work program will be considered at the meeting of March 19, 1991. 9-C: CLOSED SESSION: Not held. 10-A: GUTTER CONSTRUCTION/STREET RESURFACING: The public hearing on 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 was continued to the meeting of March 19, 1991. 14-A: LETTER OF RESIGNATION/PETER NORTON/ARTS COMMISSION: The acceptance of a letter of resignation from Peter Norton from the Arts Commission and authorization to the City Clerk to public Notice of Vacancy was continued to the meeting of March 19, 1991. 14-B: CITY HALL PARKING LOT: The request of Mayor Pro Tempore Genser to discuss city Hall parking lot was continued to the meeting of March 19, 1991. CITIZENS' RESPONSE TO SEXUAL VIOLENCE: The request of Mayor Abdo to discuss waiver of rental fee for Civic Auditorium for a daylong event, "Citizens' Response to Sexual Violence" to be held 6 MARCH 12, 1991 .jjj in September or October 1991, was continued to the meeting of March 19, 1991. 14-0: 345 ADELAIDE DRIVE: discuss the 345 Adelaide meeting of March 19, 1991. 14-E: HIGH SCHOOL/MALIBU: The request of Councilme:mber Holbrook I-- to discuss a resolution that the Santa Monica-Malibu Unified School District Board of Education delay any decision to open a high school in Malibu was continued to the meeting of March 19, 1991. The request of Councilmember Zane to Drive Project was continued to the 15. PUBLIC INPUT: Member of the public John Jurenka addressed Council regarding water conservation and the Rent Control Board. Member of the public Joy Fullmer addressed Council regarding the lateness of Council meetings, terrorism, drugs, and the news media. ADJOURNMENT: At 12:31 A.M., the meeting was adjourned in memory of James Shirey, son of Dave Shirey Public Facilities Maintenance superintendent ATTEST: ~~';24 ~,' -. b 7:ai4!---L- ?I~ 'f-1,~C/ Clarice E. Joh sen City Clerk APPROVED: QaA Judy Abdo Mayor 7 MARCH 12, 1991