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M-8/3/1993 I I I 167 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 3, 1993 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Abdo at 6 47 P M on Tuesday, August 3, 1993, in the CouncIl Chambers Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Antomo Vazquez Councllmember Ken Genser (amved at 7 00 PM.) Counctlmember Asha Greenberg Councllmember Robert T Holbrook Councilmember Kelly Olsen Councilmember Paul Rosenstein Also Present: City Manager John JalIh Acting City Attorney Joe Lawrence City Clerk Clarice E Dykhouse S-A REPAIR OF DAMAGED SIDEW ALKS/DRIVEW A YS/CURBS/REMOVE DAMAGED PAVEMENT IN P ARKW A Y: Presented was the publIc hearmg on the confrrmatlOn of assessment of costs to repair damaged sidewalks, dnveways, curbs and remove damaged pavement in the parkway areas on varIOUS streets (SR-93-188) At 6 50 PM., Mayor Abdo declared the public heanng open Member of the pubhc Caroline West spoke in opposition to the assessment Mayor Abdo closed the publIc heanng at 6'53 PM. Council asked questIOns of staff Councllmember Holbrook moved to acknowledge protests and adopt Resolution No 8630(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE ASSESSMENT OF COSTS AND THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS, CURBS AND REMOVAL OF DAMAGED PAVEMENT IN THE PARKWAY AREA ON VARIOUS STREETS (SR-93-188)," reading by title only and walvmg further readmg thereof. Second by Counctlmember Greenberg. The mohon was approved by the followmg vote Council vote Affumahve: CouncIlmembers Greenberg, Holbrook, Olsen, Rosenstem, Vazquez, Mayor Abdo Absent: Councllmember Genser 1 August 3, 1993 168 5-B' ASSESSMENT DISTRICT/RECONSTRUCTION/4TH COURT AND 9TH COURT Presented was the public hearmg to establish an assessment distrIct for the reconstructIOn of 4th I Court between Colorado Avenue and Broadway, and 9th Court from OlympIC Boulevard to 476 feet north. At 6:55 PM, Mayor Abdo declared the pubhc hearing open Member of the pubhc Joy Fullmer expressed her concerns. Mayor Abdo closed the public hearmg at 6.57 PM. Council asked questions of staff. Councilmember Genser reported present at 7:00 PM. CouncIlmember Holbrook moved to adopt Resolution No. 8631(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE RECONSTRUCTION OF 4TH COURT BETWEEN COLORADO AVENUE AND BROADWAY, AND 9TH COURT FROM OLYMPIC BOULEVARD TO 476' NORTH, II reading by tItle only and waIving further reading thereof. Second by CouncIlmember Greenberg. The motion was approved by the followIng vote: Council vote: AffIrmatIve. Councilmembers Vazquez, Rosenstem,Olsen, Holbrook, Greenberg. Mayor Abdo Abstain' Councilmember Genser 8-A: JUVENILE CURFEW: Presented was an emergency ordmance for mtroductIon and adoption repeabng Santa Monica MuniCIpal Code SectIOn 4.08 370 and enacting a Juvenile curfew proVIsion. CouncIl asked questlOns of staff At 7.22 P.M , Mayor Abdo declared the publIc hearmg open. Members of the pubhc Jan Ludwinski, Polly Benson-Brown, Leonard Gross, June Coleman, Dave Paley, William Coleman, Ronald Cano, Suzanne Brewer, and Leah Kavanaugh spoke In support of the proposed curfew Member of the pubbc Joy Fullmer expressed her concerns. Members of the public Franceye SmIth, Russell Barnard, Laurie Newman, Kathy WeremlUk, Bruce Cameron, Lmdsey Haley, NatI Vazquez, Stephen Alpert, Alejandro Martmez, Dormmc AbbabIaka, Brandl Kishner, Margaret Franco, Paco Franco, Maya HarrIS, Armando Santiago, Alex Gonzalez, Carlos Palommo, Javier Gonzalez, and Manuel Lares spoke in opposition to the proposed curfew Member of the public Irene ZIvi spoke in OpposIllon to the proposed curfew; however, If adopted, she urged a SIx-month trIal penod Member of the pubhc Eric Parlee spoke ill support of the proposed curfew WIth a SIx-month reVIew penod. CouncIlmember Genser moved to hear late speakers. Second by Mayor Pro Tempore Vazquez. The motIon was unanimously approved. Members of the publIc Art CaSIllas, David Silva, Jorge Manc1l1as, Jennafer Waggoner, Jim Fouratl, and Barbara Bonifas spoke in OpposIllon to the proposed curfew Member of the public Sandy KIeuman dIscussed the KYDS program in the City of Los Angeles. Members of the publIc Bill Imhoff, Tony Palermo, and Laurie Romino spoke in support of the proposed curfew. Mayor Abdo closed the public hearing at 9: 07 P M At 9:07 PM., Council adjourned for a short recess Council reconvened at 9.35 P.M. with all members present 8-A (RESUMED): Council asked questions of staff. Councllmember Greenberg moved to adopt the ordinance as drafted by staff, with the following modIfications: 1) SECTION 2 August 3, 1993 I I I I I 169 4 08.370(a) to read. "No person under the age of 18 years...;" make the adoption date in SECTION 6 September 1, 1993; and SECTION 7, add "December 31" In order to make the sunset date December 31, 1994 Second by Councilmember Holbrook DIscussion was held Mayor Pro Tempore Vazquez moved to amend the mohon that the adoption date of the ordmanee be changed to October 30, 1993. Second by Mayor Abdo The mohon failed by the following vote. Council vote: AffirmatIve: Councilmember Vazquez, Mayor Abdo NegatIve. Counc1lmembers Genser, Greenberg, Holbrook, Olsen, Rosenstein DIscussion was held. The main motion was approved by the follOWIng vote. Council vote: AffirmatIve Counclhnembers Genser, Greenberg, Holbrook, Olsen, Rosenstein Negahve Counclhnember Vazquez, Mayor Abdo Mayor Pro Tempore Vazquez requested that the record reflect that he voted "no" on this item because he feels that tins IS a regressIve ordmance and the nnplementahon of a curfew WIll not address the Issues of crnne, unemployment, Job opportumtles, etc. Further, curfews do not work even m small cities. Counclhnember Olsen moved to direct the City Attorney, in conjunctIOn WIth the Pollee Department and the Community and Cultural AffaIrs Department, to conduct a workshop to be held In order to mform members of the commumty of procedures and the mechanics of the curfew, IncludIng how the curfew works, how the parents WIll be contacted, how complamts and gnevances can be filed, how to contact the City Manager's office, the CIty CouncIl, etc Second by Mayor Pro Tempore Vazquez. Mayor Pro Tempore Vazquez moved to amend the mohon to include an InformatIOnal card whIch wIll Inform youths of therr nghts under this ordmance The motion was accepted as friendly. DISCUSSIOn was held. The motion was approved by the follOWIng vote. CouncIl vote Unannnously approved 7-0 By vIrtue of the above action, OrdInance No. 1696(CCS) enhtled "AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING MUNICIPAL CODE SECTION 4 08 370 AND ENACTING A mVENILE CURFEW PROVISION," was Introduced for first readmg, as amended, by title only, waIving further readmg thereof. Mayor Pro Tempore Vazquez moved to extend the meeting to 12:00 Midmght CouncIlmember Rosenstem moved a substitute mohon to extend the meeting to 11 :30 P M. Second by Counclhnember Greenberg The mohon was approved, CouncIlmember Genser opposed 3 August 3, 1993 170 8-B BUILDING HEIGHTS AND STANDARDS/R2R DISTRICT Counclhnember Genser excused himself from deliberatIons on thIs Item due to a possible confhct of interest. Presented I was an ordInance for mtroduction and fIrst readmg amending Santa Momca Mumclpal Code Section 9.04 08 04 060 relatmg to bulldmg heights and standards m the R2R District (Text Amendment 93- (03). Council asked questions of staff. At 10 50 P.M., Mayor Abdo declared the pubhc heanng open There bemg no one wishing to speak, Mayor Abdo closed the pubhc hearing Councilmember Holbrook moved to introduce for fIrst reading an ordinance entitled. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIP ALCODE SECTION 9 04 08 04 060REGARDING PROPERTY DEVELOPMENT STANDARDS IN THE R2R ZONING DISTRICT, " reading by title only and walvmg further readmg thereof. Second by Councilmember Greenberg. The motion was approved by the followmg vote. Councll vote AffIrmative Councllmembers Vazquez, Rosenstem, Olsen, Holbrook, Greenberg, Mayor Abdo Absent Councllmember Genser Councilmember Genser resumed hiS seat 8-C: UNEXCAVATED AREAS IN FRONT AND SIDE YARDS/LANDSCAPE AREA FOR BUILDING SITES/SUBTERRANEAN PARKING STRUCTURES/SEMI- SUBTERRANEAN PARKING STRUCTURES IN RESIDENTIAL, RVC OR BCD ZONING DISTRICTS Presented was an ordinance for mtroduction and fIrst readmg amendmg Santa Momca MuniCipal Code Section 9 04 10 02 170 and (a) regardmg unexcavated areas in front and side yards, SectIon 9.04.10 04.060 regarding required landscape area for buildmg sites, Section 9.04 10.08 200regardmg subterranean parkmg structures, and Section 9 04. 10.08.210 regarding semi-subterranean parking structures in all residential, RVC or BCD Zomng Districts (Text Amendment 93-004). Councll asked questions of staff At 1053 P.M , Mayor Abdo declared the pubhc hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the pubhc hearmg at 10 55 PM. DISCUSSIOn was held Councllmember Genser moved to contInue the remamder of this item to the meeting of August 10, 1993, and ask staff to prepare language that semi-subterranean parking structures will not be allowed to extend mto the front half of the lot and that underground excursIOn of the front half of the lot be entIrely underground. Second by Mayor Abdo The motIon was unanimously approved 8-D' DEVELOPMENT STANDARDS/R3 & R3A ZONES/OCEAN PARK BOULEVARD Presented were ordinances for mtroductIon and first readmg adding a new section to Santa Monica Mumcipal Code Subchapter 9 04 08 revismg development standards m the R3 and R3A zones along Ocean Park Boulevard between Lmcoln Boulevard and 25th Street and reVising the OffiCial Dlstrictmg Map (Text Amendment 93-005). At 11' 04 P M l Mayor Abdo declared the public hearIng open. Member of the pubhc Joy Fullmer expressed her concerns Member of the public T Y Koo Han spoke in oppositIon to the proposed ordinances Mayor Abdo closed the pubhc hearing at 11 08 P M Council asked queStIons of staff Councllmember Genser 4 August 3, 1993 I I I I I 171 moved to introduce for first reading an ordmance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING PART 904.08.65 TO THE SANTA MONICA MUNICIPAL CODE REGARDING TIlE BR BOULEVARD RESIDENTIAL R3 OVERLAY DISTRICT," reading by tItle only and walvmg further readmg thereof, and mtroduce for fITst readmg an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING OFFICIAL DISTRICTING MAP," readmg by title only and waiving further readmg thereof. Second by Mayor Pro Tempore Vazquez The motion was approved by the following vote' Unammously approved 7-0 9-A. MASTER ENVIRONMENTAL ASSESSMENT The recommendation to approve the 1993 Master Environmental Assessment (MEA) was wIthdrawn at the request of staff 9-B CLOSED SESSION: Held at end of meeting 14-A ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS' Mayor Abdo announced that the floor would consIder nominations to fill vacanCIes of members to the various Boards and COmnllSslOns Mayor Abdo opened the floor to nOmInatIOns for the Landmarks Comnnssion Councilmember Genser nommated Helen Parks. There being no further nominations, nOmInations were closed Mayor Abdo moved to appoint Helen Park by acclamation to the Landmarks Commission for a term endmg June 30, 1994 The motion was duly seconded and unanimously approved Mayor Abdo opened the floor to nominations for the Planning CommISSIon Councllmember Genser moved to contInue the appomtment to the Plannmg Commission to the next meetmg. Second by Councilmember Olsen. DiSCUSSIOn was held The motion failed by the following vote: CouncIl vote AffirmatIve CouncIl members Genser, Olsen, Mayor Abdo Negative: CouncIlmembers Greenberg, Holbrook, Rosenstem, Vazquez CouncIlmember Olsen nommated Jenmfer Polhemus Councilmember Rosenstem nonunated Kathleen WeremlUk. Mayor Abdo nommated Dee Hatch There bemg no further nomInations, nommatIons were closed On a call for the vote, Kathleen Weremiuk was appomted to the Planning CommIssion for a term endmg June 30, 1995 The Arts CommIssion appointments were continued to the meeting of September 14, 1993, when a resolutIon to reduce the size of the Commission will be considered The Housmg CommISSIOn appointments were contmued to the meeting of September 14, 1993 5 August 3, 1993 172 14-B' OPPOSITION TO ASSEMBLY BILL 511STATE HOUSING ELEMENT LAW Mayor Abdo presented her request to discuss OpposltIon to Assembly Bill 51 concerning amendments I to the state housmg element law. DIScussIon was held Councllmember Genser moved to oppose Assembly Bill 51. Second by Mayor Pro Tempore Vazquez. The mol1on was approved by the following vote Council vote: Unanimously approved 7-0 14-C: CONSIDERATION OF COUNCIL PROCEDURES The request of Councilmember Rosenstem to dISCUSS consideration of CouncIl procedures was contmued to the meetmg of August 10, 1993. 15 PUBLIC INPUT: Member of the public Joy Fullmer addressed CouncIl 9-B CLOSED SESSION At 11'20 PM., CouncIl adjourned to Closed SeSSIOn for the purpose of consIdenng the case of PIckett, et al v Burgess, United States DIStrIct Court Case No. CV 92-2070 WMB(CTx). No actIon was taken At 11.25 P.M., Council reconvened WIth all members present ADJOURNMENT: At 11 25 PM, the meeting was adjourned to 5 :00 P .M. , August 10, 1993, m memory of Ruth Pyle ATTEST: APPROVED: I ~/4~ Clance E. Dykhouse City Clerk (j~'-t df~ Judy Abdo Mayor 6 August 3, 1993 I