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M-12/1/1987 103 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 1, 1987 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 7: 34 p.m. on Tuesday, December 1, 1987, in the Council Chambers, having been adjourned from November 24, 1987. Mayor Pro Tempore Herb Katz led the assemblage in the Pledge of Allegiance to the United States of America. Inspiration was provided by Tunnel Hum. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Councilmember David B. Finkel Councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers Assistant City Clerk Donna R. Betancourt The fallowing items were considered, having been continued from November 24, 1987. a-A: REDEMPTION VALUE FOR WINE/SPIRIT COOLER CONTAINERS: Presented was an ordinance for introduction and first reading adding Municipal Code Sections 5250 through 5256 to establish a redemption value for wine cooler and spirit cooler containers. Discussion was held. The public hearing, opened on November 24, 1987, was continued. Joy Fullmer spoke in favor of the proposed ordinance; Gary Bamberg spoke in opposition. There being no one else wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember A. Katz moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2A TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A REDEMPTION VALUE FOR WINE COOLER AND SPIRIT COOLER CONTAINERS, II reading by title only and waiving further reading thereof, amended to establish an effective date of January I, 1989. Second by Councilmember Reed. Councilmember Jennings moved an amendment to change sections 5251 and 5252, Subsection (b), to change the word "less" to "more." The motion died for lack of a second. councilmember A. Katz moved an amendment to strike the words "not less than" from before the words "five cents ($.05)" throughout the ordinance. The amendment was accepted by the second. Discussion was held. The motion was approved by the following vote: council vote: Unanimously approved 7-0 1 December I, 1987 I04 8-C: LANDMARKS ORDINANCE: Presented was a staff report transmitting an ordinance for introduction and first reading amending Municipal Code sections 9611 and 9612 and adding Municipal Code Section 9611.5 to protect and preserve designated landmarks from demolition. Discussion was held. The public hearing was declared opened. Rosario Perry, Naomi Meadows and Lisa Monk spoke in favor of the proposed ordinance; Karl Schober spoke in opposition; Stephen Jones expressed concerns regarding the timing of the ordinance. There being no one else wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember Zane moved to introduce for first reading an ordinance entitled: SlAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9611 AND 9612 AND ADDING SECTION 9611.5 TO THE SANTA MONICA MUNICIPAL CODE TO PROTECT AND PRESERVE DESIGNATED LANDMARKS FROM DEMOLITION, II reading by title only and waiving further reading thereof. Second by Counci1member Finkel. During discussion, the maker and second of the motion accepted the recommendation of the City Attorney that the following minor changes be incorporated within the motion to respond to some of Landmark Commission Chairperson David Cameron's comments in his letter dated December 1, 1987: Section 9611, the end of the first sentence to read, ".. .makes a determination in accordance with anyone or more of the following criteria. II section 9611 (E) (1), "State Historical Landmark" changed to "California Registered Historical Landmark" and IIState Point of Historic Interest" changed to IICalifornia Point of Historical Interest." section 9611.5(B) (1) to read "...which are the result of the property owner's intentional or negligent failure to maintain..." Section 9612 (H), add a sentence to read, "A certificate of economic hardship may be appealed to the city Council in the same manner and according to the same procedures as for a Certificate of Appropriateness.1I Section 9612 (L) (2), and throughout that section, wherever the word "remodel" is used, replace with "other than demolition.1f Discussion was held. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 Counci1member Zane moved to ask the Landmarks Commission to consider whether they would like to provide more specific criteria with respect to relocation of landmarks. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved to hear Item l2-C at this time. Second by Councilmember Reed. The motion was unanimously approved. 12-C: DEVELOPMENT REVIEW APPEAL/lOa PICO BOULEVARD: Presented was an appeal of Planning Commission denial of Development Review 325, EIA 814, Conditional Use Permit 417, to permit the construction of a 196-room hotel with associated meeting rooms, restaurants, health club, and 495 on-site parking spaces at 100 Pica Boulevard. Applicant/Appellant: R. E. International. 2 December I, 1987 lOS Discussion was held. Mark Solit spoke on behalf of the applicant/appellant. The following members of the public spoke in support of the project: Tom Pyne, Donna Alvarez, James Mount, Ed Villanueva, Carl Lambert, David Mintz, Sara Binder, Mitchell Kayle, Keith Lambert, Bill Putnam, Tom Anderson, Jeanette Barclay, Greg Wilder, Frank Perelman, Thomas Ziccardy, Tom Edwards, Stephen Johnston, Patrieka Hastings, Chris Hastings, Joshua Weisman, Paul McVicker, Paul Baxter, Bob Gabriel, Bob Graves, and Don Nelson. The following spoke in opposition to the project: Sharon Gilpin, Emily Aleyner, Jane Irvine, Henry McGee, Paula Boelsems, Anne Sterman, Laurel Roennau, Estelle Seiger, Charmeen Wing, Julie Lopez Dad, Evelyn Keller, Eumelda Brown, Gregory Gean, and Lynne Montgomery. During the public hearing, it was moved, seconded, and unanimously approved to extend the meeting past 11:00 p.m. councilmember Finkel moved to allow one minute each to members of the public submitting late requests to speak. Second by Councilmember Zane. The motion was unanimously approved. Clyde Smith spoke in support of the proj ect ~ N. J. Goldstein, Ron Belczyk, Gudrun GOldstein, Nurith Whitney, and Mary Feldstein spoke in opposition. Discussion was held. Mayor Pro Tempore H. Katz moved to uphold the appeal and reverse the decision of the Planning Commission, approving Development Review 325, Conditional Use Permit 417, Zoning Administrator Permit 5169-4, with all the findings and conditions contained in the staff report dated December 1, 1987, with the following additional requirements: (1) a recirculation system for the energy and wastewater, with a minimum of 30 percent savings, and more if feasible, and (2) appropriate pool drainage hook-ups to a sanitary sewer to be drained at low-flow times only; and adopt Resolution No. 7527 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE ONE PICO HOTEL PROJECT," reading by title only and waiving further reading thereof. Second by Councilmember Jennings. During discussion, the maker and second incorporated Special Condition 33, as set forth in the supplemental staff report dated December 1, 1987, into the motion. Councilmember Zane moved an amendment to the motion to amend Special Condition 24 to stipulate 90 spaces for the pritikin Center rather than 36 spaces. The amendment was accepted by the maker and second. Discussion was held. Councilmember Zane moved to amend the motion to include a provision that the restaurant on the boardwalk be moderately priced. The amendment died for lack of a second. Discussion was held. The motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Zane, and Mayor Conn Negative: Councilmember Finkel 11-C: VIRGINIA PARK EXPANSION: Presented was a recommendation to authorize negotiation of the purchase of property at 2201 or 3 December I, 1987 106 2121 pico Boulevard for the expansion of Virginia Park. Discussion was held. Member of the public Clyde Smith spoke in favor of purchasing both parcels. Counci1member Reed moved to approve the negotiation of the purchase of the parcel located at 2121 Pico Boulevard and allow Southmark Corporation to purchase it for the city and count it against the park in-lieu fee that their development is required to pay. Second by Mayor Pro Tempore H. Katz, with the modification that the price be held to what Southmark's option is ($1,040,000, or approximately $54 per square foot). The modification was accepted by the maker. Discussion was held. Councilmember Zane moved a substitute motion to continue the item to the second meeting in January in order to meet with the Board of Directors of the Pico Neighborhood Association and present them with a set of options, and meet with the Recreation and Parks Commission to determine whether they concur with this decision. Second by Councilmember Finkel. Discussion was held. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmembers Zane Jennings, Finkel, Negative: councilmembers A. Katz, H. Katz, Reed, Mayor Conn councilmember A. Katz moved a substitute motion to instruct staff to negotiate with the owners of both parcels being considered for the expansion of Virginia Park, with the stipulation that the price paid be no more than the price per square foot contained in the Southmark option for the most westerly parcel, with Southmark getting the credit against their park fee. Second by Mayor Pro Tempore H. Katz. During discussion, the motion was clarified that the maximum price per square foot for either lot would be the Southmark option price, and that only one lot is to be purchased. The substitute motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Reed, Zane, Mayor Conn Negative: Councilmember Jennings Councilmember Jennings requested the record reflect that his negative vote is because he does not believe that this is necessarily the most cost-effective way to acquire more park space. Il-D: CLOSED SESSION: Not held. 12-C: DEVELOPMENT REVIEW APPEAL/lOa PICO BOULEVARD: See discussion of item following Item a-c. 13-B: Mary WESTSIDE CHILDREN'S MUSEUM: Presented was the request of Jo stirling to address Council regarding the Wests ide 4 December I, 1987 107 Children's this item Second by approved. 14-A: SOCIAL SERVICES COMMISSION: Presented was the matter of the appointment of a member to the Social Services Commission. It was moved, seconded, and unanimously approved to continue the item to December 8, 1987. Museum. Mayor Pro Tempore H. Katz moved to continue to the meeting of December 8, 1987, as a "13" Item. Councilmember Reed. The motion was unanimously 14-E: METROPOLITAN WATER DISTRICT: The request of Mayor Conn to discuss the resignation of Robert Gottlieb from the Metropolitan Water District and updated MWD policies was continued to December 8, 1987, as a "5" item. ADJOURNMENT: At 1:20 a.m., the meeting was adjourned. ATTEST: )K- ~~~ Donna R. Betancourt Assistant city Clerk 5 December 1, 1987