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M-9/22/1992 373 CITY OF SANTA MONICA CITY COUNCIL MINUTES I SEPTEMBER 22, 1992 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 7 : 47 P. M. on Tuesday, september 22, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo councilmember Robert T. Holbrook councilmember Kelly Olsen (arrived at 8:02 P.M.) councilmember Antonio Vazquez Councilmember Dennis Zane (arrived at 8:45 P.M.) Absent: Councilmember Herbert Katz Also Present: City Manager John Jalili Acting City Attorney Joe Lawrence city Clerk Clarice E. Dykhouse Councilmember Vazquez led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: SANTA MONICA HIGH SCHOOL SYMPHONY AND CHAMBER ORCHESTRAS: Mayor Genser presented a commendation to the Santa Monica High School Symphony and Chamber Orchestras. I 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 Holbrook moved to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Holbrook, Vazquez, Mayor Genser Absent: Councilmembers Katz, Olsen, Zane 6-A: MINUTES APPROVAL: The City Council minutes of August 11, 1992, were approved as submitted. 6-B: AMENDMENT TO ZONING ORDINANCE/MAIN STREET MASTER PLAN: Ordinance No. 1645 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE BY AMENDING SUBCHAPTER 4N RELATING TO THE MAIN STREET COMMERCIAL I DISTRICT; ADDING SECTION 9040.42 REGARDING PROPERTY DEVELOPMENT STANDARDS FOR RESTAURANTS; AMENDING SECTION 9000.3 ADDING A DEFINITION OF BAR; AMENDING SECTION 9080.2 RELATING TO 1 September 22, 1992 I I I 374 NONCONFORMING BUILDINGS; AMENDING SECTIONS 9150.5 - 9150.8 AND ADDING SECTION 9150.9 RELATING TO ENFORCEMENT; AMENDING SECTION 9113.3 RELATING TO VARIANCES; AMENDING SECTION 9044.4 RELATING TO PARKING REQUIREMENTS FOR RESTAURANTS; AND AMENDING THE MUNICIPAL CODE BY ADDING SECTION 9517 REGARDING POSTING REQUIREMENTS FOR ARCHITECTURAL REVIEW BOARD APPLICATIONS, II was adopted on second reading. 6-C: SALE OF YARD REFUSE BODY: Bid No. 2431 was awarded to the City of Pasadena in the amount of $24,000 for the sale of one (1) 3D-cubic yard refuse body for the Solid Waste Division, General Services Department. END OF CONSENT CALENDAR 7-A: APPEAL/TENTATIVE PARCEL MAP 21159/VARIANCE 92-013/3222- 3232 23RD STREET: Presented was the appeal of Planning Commission denial of Tentative Parcel Map 21159 and Variance 92- 013 to allow the subdivision of a parcel at 3222-3232 23rd Street. Applicant: Mohammad Siadat and Mohammad Davari. Appellant: Mohammad Davari. Councilmember Olsen reported present at 8:02 P.M. Council asked questions of staff. Paul Cook, representing the applicant, spoke in favor of the appeal. Members of the public Bill Mellick and Janet Mellick spoke in opposition to the appeal. Paul Cook presented a rebuttal. Council asked questions of staff. Mayor Genser moved to uphold the decision of the Planning Commission and deny the appeal. Second by councilmember Vazquez. Discussion was held. The motion failed due to a lack of a majority affirmative vote. (The appeal was denied because of no action taken.) The vote was as follows: Council vote: Affirmative: Councilmembers Vazquez, Olsen, Mayor Genser Negative: Councilmembers Holbrook, Abdo Absent: Councilmembers Zane, Katz 7-B: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/ APPEAL/TPC183/VTTM 50638/2110 4TH STREET: Mayor Genser moved to approve the action based on the findings as presented in Exhibit D of the staff report. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Holbrook, Olsen, Vazquez, Mayor Genser Absent: councilmembers Katz, Zane a-A: CHILD CARE: Mayor Genser moved to table this item until Councilmember Zane arrives. Second by Councilmember Vazquez. The motion was unanimously approved, Councilmembers Katz and Zane absent. 2 September 22, 1992 375 8-B: SEISMIC RETROFITTING: Presented was an ordinance for introduction and first reading adopting the mandatory seismic retrofitting ordinance and amendments, a resolution certifying I the Final EIR and a resolution of intention to amend the city of Santa Monica Land Use and Zoning Ordinance. Councilmember Zane reported present at 8:45 P.M. Council asked questions of staff. Member of the public Brad Gettle urged that like-for-like replacement be allowed for any natural disaster if the property is in compliance with the retrofit ordinance. Member of the public Joy Fullmer expressed her concerns. Member of the public William Brantley urged the like-for-like replacement that provisions for handicapped access be included in the ordinance, and a greater definition of how to accompliSh the hardship exemption be provided. Member of the public Russell Barnard spoke in support of an appeal process, urged that like-for-like replacement be allowed and urged Council to have a comprehensive earthquake safety study prepared. Member of the public Karl Schober discussed the significant cost difference between level 1 and level 2 retrofit, urged that like-for-like replacement be allowed and spoke in support of allowing property owners the option of demolishing their buildings without approval from the Landmarks Commission, Architectural Review Board, etc. Mayor Genser moved to hear a late speaker. Second by Councilmember Zane. The motion was unanimously approved, councilmember Katz absent. Member of the public Joe Delia spoke in support of seismic retrofitting. Mayor Pro Tempore Abdo moved to adopt Resolution No. 8479 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL I ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED UNREINFORCED MASONRY ORDINANCE, n reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the fOllowing vote: Council vote: Affirmative: Councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser Absent: Councilmember Katz Mayor Pro Tempore Abdo moved to introduce the proposed ordinance for first reading. Second by Councilmember Holbrook. Mayor Pro Tempore Abdo moved to amend the motion to add a paragraph on page 11 of the proposed ordinance, just before the final paragraph, to read as follows: "Any person denied an appeal by the Chief Financial Officer may appeal the denial to a three person Financial Hardship Appeal Board established by the City Manager. Any such appeal shall be made in writing within ten days of the denial and shall be based on the evidence supplied to the Chief Financial Officer. The decision of the Financial Hardship Appeal Board shall be final except for judicial review, but shall not be appealable to the City Council. The Appeal Board is authorized to establish procedures for the processing and consideration of appeals. II Second by Councilmember Holbrook. Discussion was held. Councilmember Z ane moved to amend the motion to incl ude I the following language: "The appeals board may approve or deny any appeal and may relieve an owner from the compliance requirement of Section 8.04.140, Division 4.00(a) or (b) of this 3 September 22, 1992 I I I 376 chapter, as the appeals board, in its sole discretion, deems appropriate;" and add a sentence to Page 10, Division 9.00, to read as follows: "The owner of any building may appeal on the basis of severe financial hardship in compliance with this Code and such appeal shall be filed with the city's chief Financial Officer no later than 120 days after the effective date of this Code. " The amendment was accepted as friendly. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: councilmembers Abdo, Olsen, Vazquez, Zane, Mayor Genser Negative: councilmember Holbrook Absent: councilmember Katz By virtue of the above action, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A MANDATORY SEISMIC RETROFITTING ORDINANCE AND THE SANTA MONICA AMENDMENTS THERETO," was introduced for first reading, as amendedJ by title only and waiving further reading thereof. Mayor Pro Tempore Abdo moved to adopt the resolution of intention to amend the Zoning Ordinance to allow for the 1: 1 (like-for-like) replacement of a structurally upgraded building suffering from catastrophic events, provided that the building is in compliance with the retrofit ordinance. Second by Councilmember Holbrook. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Holbrook, Zane, Mayor Genser Negative: Councilmembers Olsen, Vazquez Absent: councilmember Katz By virtue of the above action, Resolution No. 8480(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO AMEND THE CITY OF SANTA MONICA COMPREHENSIVE LAND USE AND ZONING ORDINANCE AND DIRECTING THE PLANNING COMMISSION TO INITIATE AN AMENDMENT," was adopted, as amended, reading by title only and waiving further reading thereof. Mayor Pro Tempore Abdo moved to direct staff to investigate earthquake safety issues beyond Unreinforced Masonry buildings, and suggest other measures which may be taken within the city to make the city safer. Second by Councilmember Holbrook. The motion was unanimously approved, Councilmember Katz absent. At 10:05 P.M., Council adjourned for a short recess. reconvened at 10:25 P.M., with all members present. S-A: CHILD CARE: Presented was an ordinance for introduction and first reading amending the Santa Monica Comprehensive Land Council 4 September 22, 1992 377 Use and zoning Ordinance relating to child care. Council asked questions of staff. At 10:32 P.M., Mayor Genser declared the public hearing open. Member of the public Joy Fullmer expressed I her concerns. Members of the public Walt Zambas, Irene Zivi, Barbara Barry, Abby Leibman (speaking on behal f of hersel f as well as Ann Ceely, Sigrid still, Donald Nelson, Linda Gordon, Terry Ogawa, Joyce Chonis, Russell Barnard, Suzanne Abrescia, Margaret Franco, Paul Rosenstein, and Ellen Khokha), and Patricia Hoffman spoke in support of the proposed ordinance. Member of the public Beloved Quail spoke in support of child care cooperatives. Mayor Pro Tempore Abdo moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA COMPREHENSIVE LAND USE AND ZONING ORDINANCE RELATING TO CHILD CARE," amended to exclude any limitations as to distance between centers, reading by title only and waiving further reading thereof. Second by Councilmember Vazquez. Discussion was held. Mayor Genser moved to amend the motion to change Paragraph G, on Page 46, to read as follows: "No more than one large family day care home shall be permitted within 100 linear feet of the property line of any existing large family day care home. Second by Councilmember Holbrook. The motion was accepted as friendly. Discussion was held. The main motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Holbrook, Abdo, Mayor Ganser Absent: Councilmember Katz I Councilmember Zane moved to extend the meeting to 11:45 P.M. The motion was duly seconded and unanimously approved. Councilmember Abdo moved to direct the City Attorney to prepare an amendment to Resolution No. 7607(CCS) and Resolution No. 8082 (CCS) reducing the planning application fees for large family day care homes to $0.00. Second by Councilmember Vazquez. Discussion was held. Councilmember Holbrook moved to amend the motion that the zero fee be applied only to non-profit homes. The motion died for lack of a second. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Abdo, Mayor Genser Negative: Councilmember Holbrook Absent: councilmember Katz 8-C: LEASE AGREEMENTS/BOND FINANCING: Presented was an ordinance for introduction and first reading approving certain lease agreements pertaining to bond financing. Council asked questions of staff. At 11:16 P.M. I Mayor Genser declared the I public hearing open. There being no one wishing to speak, Mayor Genser closed the public hearing at 11:17 P.M. Councilmember Olsen moved to introduce for first reading an ordinance entitled: 5 September 22, 1992 I I I 378 If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, APPROVING CERTAIN LEASE AGREEMENTS," reading by title only and waiving further reading thereof. Second by Mayor Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Holbrook, Abdo, Mayor Genser Absent: Councilmember Katz 8-D: RENUMBERING AND AMENDING SANTA MONICA MUNICIPAL CODE: Presented was an ordinance for introduction and first reading renu~ering and amending all sections of the Santa Monica Municipal Code and adopting the Santa Monica Municipal Code by reference. Council asked questions of staff. At 11: 25 P. M. , Mayor Genser declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Genser closed the public hearing at 11: 27 P.M. Councilmember Olsen moved to introduce for first reading an ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RENUMBERING AND AMENDING ALL SECTIONS OF THE SANTA MONICA MUNICIPAL CODE AND ADOPTING THE SANTA MONICA MUNICIPAL CODE BY REFERENCE," reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser Absent: Councilmember Katz 8-E: MORATORIUM/MULTI-FAMILY RESIDENTIAL DEVELOPMENT: The emergency ordinance for introduction and adoption establishing a forty-five day moratorium on mUlti-family residential development and declaring the presence of an emergency was continued to the meeting of September 29, 1992. 9-A: CLOSED SESSION: Held at end of meeting. 15: PUBLIC INPUT: Member of the public Joy Fullmer expressed her concerns. Member of the public Art Casillas addressed Council regarding gang and drug problems in pico Neighborhood. 9-A: CLOSED SESSION: At 11:30 P.M., Council adjourned to Closed Session for the purpose of considering the case of Lincoln, et al. v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 114 870, and the case of Spevack v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 141 678. At 11:44 P.M., Council reconvened with all members present except Councl1member Katz. Mayor Genser move~ to approve settlement in the case of Lincoln in the amount of $75,000 and in the case of Spevack in the amount of $17,500. Second by Councilmember Zane. The motion was approved by the following vote: 6 September 22, 1992 379 council vote: Affirmative: councilmembers Zane, Vazquez, Olsen, Mayor Genser Absent: Councilmembers Katz, Holbrook, Abdo II ADJOURNMENT: At 11:45 P.M., the meeting was adjourned in memory of Femmy DeLyser and Kenneth Parr. ATTEST: ~ ' ~f4~ cr rice E. Dykhouse City Clerk APPROVED: ~~ Mayor ie, II II 7 September 22, 1992