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M-6/4/1991 438 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 4, 1991 An adjourned meeting of the Santa Monica city council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, June 4, 1991, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser Counci1member Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen Councilmember Antonio Vazquez (arrived at 7:55 P.M.) Councilmember Dennis Zane Also Present: City Manager John Jalili Assistant City Attorney Joseph Lawrence City Clerk Clarice E. Johnsen Mayor Pro Tempore Genser led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. 7-B: APPEAL/CUP 90-101/VESTING TPM 22722/CONDOMINIUM/1247 23RD STREET: Presented was the appeal of Planning commission approval of CUP 90-101 and Vesting Tentative Parcel Map 22722 for construction of a 4-unit condominium at 1247 23rd street. Applicant: Joseph Yadegar. Appellant: councilmember Katz. Council asked questions of staff. Councilmember Katz spoke in support of the appeal and in opposition to the project. Council asked questions of the appellant. Applicant, spoke in opposition to the appeal and in support of the project. Planning Commissioner Donald Nelson spoke in support of the appeal and in opposition to the project. Councilmember Katz moved to hear late chits. Second by Mayor Abdo. The motion was unanimously approved. Architectural Review Board Commissioner Richard Segal spoke in support of the appeal and in opposition to the project. Councilmember Katz presented a rebuttal. Discussion was held. Mayor Pro Tempore Genser moved to deny the appeal and direct staff to return with an interim ordinance limiting subterranean front yard encroachments. Second by Councilmember Olsen. Discussion was held. Councilmember Katz moved a substitute motion to uphold the appeal and deny the proj ect. Second by Councilmember Zane. Discussion was held. The substitute motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Zane, Abdo Negative: councilmembers Genser, Olsen Abstain: councilmember Vazquez 1 June 4 I 1991 439 Councilmember Vazquez asked the record to show he abstained from the vote because he arrived late and did not hear the discussion. Mayor Pro Tempore Genser requested the record reflect that he voted "no" on this item as he does not believe the developer should be requested to meet standards which the City does not have, and his "no" does not indicate a lack of sympathy with the ordinance and he supports a change in the Code. Councilmember Katz moved to direct the city Attorney to prepare an interim ordinance commencing this evening that neither partial nor total subterranean garages encroach more than 50% into the required setback and that landscaping as required in the Code, and its intent, be fully adhered to, and that it not be encumbered by concrete. Second by Councilmember Olsen. Discussion was held. The motion was unanimously approved. councilmember Zane c6uncilmember Katz. unanimously approved. moved to reconsider action. Discussion was held. The Second motion by was councilmember Zane moved to uphold the appeal and approve the proj ect with an added condition that the Planning Commission review and approve revised plans which show that no more than 50% of the front yard setback is encroached by subterranean parking. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: councilmembers Holbrook, Katz, Zane, Abdo Negative: Councilmembers Genser, Olsen Abstain: Councilmember Vazquez a-A: TRANSPORTATION MANAGEMENT PLAN: Presented was an ordinance for introduction and first reading adding Chapter 2B to Article IX of the Santa Monica Municipal Code to require new and existing non-residential development projects to adopt worksite transportation plans and to pay transportation impact fees to reduce traffic congestion and improve air quality in the city. council asked questions of staff. At 8: 40 P. M., Mayor Abdo declared the public hearing open. Member of the public Norma Gonzales spoke in support of south coast AQMD retaining implementation oversight; and suggested Santa Monica work with them to establish uniform criteria and procedures for multi-facality employers. Member of the public Joy Fullmer expressed her concerns. Members of the public Tom Larmore, Saxe Dobrin and Laurel Roenau spoke in support of the proposed ordinance with modifications. Councilmember Katz moved to hear a late chit. The motion was duly seconded and unanimously approved. Member of the public One Over Humanity expressed his concerns about the environment. Mayor Abdo closed the public hearing at 9:12 P.M. council asked questions of staff. Discussion was held. Councilmember Zane moved to direct staff to prepare an ordinance for consideration in July and a report 2 June 4, 1991 440 regarding mitigation fees. Second by Councilmember Katz. Discussion was held. The motion was unanimously approved. At 9:40 P.M., council adjourned for a short recess. Council reconvened at 10:02 P.M. with all members present. Councilmember Katz moved to hear Item 10-B at this time. Second by Councilmember Zane. The motion was unanimously approved. 10-B: GUTTER CONSTRUCTION/STREET RESURFACING/TREE PLANTING: Presented was the public hearing on the confirmation of assessment of costs for gutter construction, street resurfacing, and tree planting on Colorado Avenue between Fourteenth street and Twentieth street and acknowledging one protest. At 9: 55 P.M., Mayor Abdo declared the public hearing open. Members of the public Beverly Delott and Sondra Shanker spoke in protest of the assessment of costs for gutter construction, street resurfacing, and tree planting. Mayor Abdo closed the public hearing at 10:05 P.M. Council asked questions of staff. Councilmember Katz moved to acknowledge the protest and adopt Resolution No. 8232 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENTS FOR STREET RESURFACING, GUTTER CONSTRUCTION AND TREE PLANTING ON COLORADO AVENUE BETWEEN FOURTEENTH STREET AND TWENTIETH STREET," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. Discussion was heard. The motion was unanimously approved. 9-A: SUBTERRANEAN GARAGE/345 ADELAIDE DRIVE: Presented was the request for use of the subsurface of Adelaide Drive for a private subterranean garage by the owners of 345 Adelaide Drive. council asked questions of staff. Members of the public Ernie Powell and Frieda Mock spoke in support of the use of the subsurface of Adelaide Drive for a private subterranean garage. Discussion was held. Councilmember Olsen moved to direct staff to prepare a zoning amendment to permit the granting of an easement with the condition that nothing protrudes above the level of Adelaide Drive. Second by Councilmember Katz. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to specify that the proposed zoning amendment would require a public hearing for use of the easement. The motion was accepted as friendly. The motion was unanimously approved. 9-B: DAILY PARKING: Presented was the recommendation to adopt a resolution revising rates for daily parking at City beach lots. Council asked questions of staff. Councilmember Olsen moved to extend the meeting to 12: 00 Midnight. Second by Councilmember Zane. The motion was unanimously approved. Member of the public Joy Fullmer expressed her concerns. Member of the public Ernie Powell spoke in opposition to the proposed rate increase. Discussion was held. Councilmember Vazquez moved to adopt Resolution No. 8231 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 2A OF RESOLUTION NUMBER 1786(CCS) INCREASING BEACH PARKING LOT RATES," reading by title only and waiving further reading thereof. 3 June 4, 1991 441 Second by Mayor Pro Tempore Genser. The motion was unanimously approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Negative: Councilmember Katz Councilmember Katz requested that the record reflect that he voted "non on this item out of concern for individuals who cannot afford the fee. 9-C: CLOSED SESSION: Not held. 10-C: SIDEWALKS/DRIVEWAYS/CURBS: Presented was the staff report acknowledging one protest and recommending confirmation of assessments of costs to repair damaged sidewalks, driveways and curbs (SR-91-172). At 11:26 P.M., Mayor Abdo declared the public hearing open. There being no one wishing to speak, Mayor Abdo closed the public hearing. Councilmember Vazquez moved to adopt Resolution No. 8233 (CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-9l-172)," reading by title only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was unanimously approved. II-A: CONVENTION AND VISITORS BUREAU: Jack Siegal, Chairman of the Board of the Santa Monica Convention and visitors Bureau, provided an update on the organization and provided insight into the state of the local tourism industry. l3-A: HERB SANDEL/MAIN STREET NEIGHBORS ASSOCIATION: Presented was the request of Herb Sandel for Main street Neighbors Association to address Council regarding public safety problems at Ocean View Park at 2600 Barnard Way. Discussion was held. Councilmember Olsen moved to refer this item to staff for review and preparation of a report. Second by Councilmember Katz. Discussion was held. The motion was unanimously approved. Councilmember Katz moved to extend the meeting to 12: 30 A.M. Second by Councilmember Olsen. The motion was approved. l4-A: BOARD & COMMISSIONS: Presented was the matter of appointing members to various City Boards and commissions. Mayor Abdo opened the floor to nominations to fill two vacancies on the Airport Commission. Councilmember Katz moved to reappoint Jule E. Lamm by acclamation to the Airport Commission for a term ending June 30, 1995. The motion was unanimously carried. Councilmember Katz nominated Karl Arnold to the Airport Commission. Mayor Pro Tempore Genser nominated John Ezell. There being no further nominations, Mayor Abdo declared the nominations closed. The vote on the nominations was as follows: 4 June 4, 1991 442 Arnold: Councilmembers: Katz, Zane, Abdo Ezell: Councilmembers: Genser, Holbrook, Olsen, Vazquez John Ezell was thereby appointed to the Airport Commission for a term ending June 3D, 1995. At the consent of council the appointment to the Architectural Review Board was continued to the meeting of July 9, 1991. Mayor Abdo opened the floor to nominations to fill two vacancies on the Arts Commission. Mayor Pro Tempore Genser moved to reappoint Roger Genser and Martin Sosin by acclamation to the Arts Commission for terms ending June 30, 1995. The motion was unanimously approved. At the consent of Council three additional appointments to the Arts Commission were continued to the meeting of July 9, 1991. Mayor Abdo opened the floor to nominations to fill four vacancies on the Bayside District Corporation. Councilmember Zane moved to reappoint David Khedr, Barbara Tenzer and Patricia Young-Spivak by acclamation to the Bayside District corporation for terms ending June 3D, 1994. The motion was approved. Councilmember Genser abstained. Councilmember Zane nominated Ellen Goldin by acclamation to the Bayside District Corporation for an unexpired term ending June 3D, 1993, effective immediately. The motion was unanimously approved. Mayor Abdo opened the floor to nominations to fill three vacancies on the Commission on Older Americans. Mayor Pro Tempore Genser moved to appoint Rosemary Regalbuto by acclamation to the Commission on Older Americans for a term ending June 30, 1995. The motion was unanimously approved. At the consent of Council two vacancies on the Commission on Older Americans were continued to the meeting of July 9, 1991. Mayor Abdo opened the floor to nominations to fill two vacancies on the Commission on the status of Women. Mayor Abdo moved to appoint Laurie Newman and Michele Wittig by acclamation to the Commission on the status of Women for terms ending June 30, 1995. The motion was unanimously approved. Mayor Abdo opened the floor to nominations to fill two vacancies on the Convention and Visitors Bureau. Councilmember Katz moved to reappoint Daniel Kingsley by acclamation to the Convention and Visitors Bureau for a term ending June 30, 1994. The motion was duly seconded and unanimously approved. Councilmember Katz nominated Robert Gabriel to the Convention and Visitors Bureau. Mayor Pro Tempore Genser nominated Stephen Rothschild. There being no further nominations Mayor Abdo declared the nominations closed. The vote on the nominations was as follows: 5 June 4, 1991 443 Gabriel: Councilmembers: Holbrook, Katz, Zane, Abdo Rothschild: Councilmenbers: Genser, Olsen, Vazquez Robert Gabriel was thereby appointed to the Convention and visitors Bureau for a term ending June 30, ~994. At the consent of Council the two vacancies on the Housing commission were continued to the meeting of July 9, 1991. Mayor Abdo opened the floor to nominations to fill one vacancy on the Library Board. Councilmember Holbrook moved to reappoint Philip Kaufman by acclamation to the Library Board for a term. ending June 30, 1995. The motion was unanimously approved. Mayor Abdo opened the floor to nominations to fill two vacancies on the Metropolitan cooperative Library system Advisory Board. Mayor Pro Tempore Genser moved to reappoint Berni DeBus and Sue Alexopoulos by acclamation to the Metropolitan Cooperative Library System Advisory Board for terms ending June 30, 1993. The motion was unanimously approved. Bemi DeBus will serve as delegate and Sue Alexopoulos as alternate. Mayor Abdo opened the floor to nominations to fill one vacancy on the Personnel Board. Mayor Pro Tempore Genser moved to reappoint Robert Sullivan by acclamation to the Personnel Board for a term ending June 30, 1996. The motion was unanimously approved. Mayor Abdo opened the floor to nominations to fill three vacancies on the Planning Commission. Councilmember Genser moved to reappoint Ralph Mechur by acclamation to the Planning commission for a term ending June 30, 1995. The motion was unanimously approved. Councilmember Katz nominated Thomas Pyne to the Planning commission. Councilmember Olsen nominated Kenneth Briesch. There being no further nominations, Mayor Abdo declared the nominations closed. The vote on the nominations was as follows: pyne: Councilmernbers: Holbrook, Katz, Vazquez, Zane, Abdo Breisch: Councilmernbers: Genser, Olsen Thomas Pyne was thereby appointed to the Planning Commission for a term ending June 30, 1995. Councilmember Vazquez asked that the record show that he voted for Mr. pyne even though he had received several complaints about Mr. Pyne cutting speakers off during public hearings, but he had spoken to him about it and Mr. Pyne stated he wanted to publicly apologize for his conduct. Councilmernber Vazquez also stated for the record he voted for Mr. pyne as he represents the Chamber of Commerce. 6 June 4, 1991 444 Mayor Abdo moved to nominate Sharon Gilpin to the Planning Commission by acclamation for a term ending June 30, 1995. The motion was unanimously approved. At the consent of the Council appointments to the Plumbing and Mechanical Board of Appeals was continued to the meeting of July 9, 1991. Mayor Abdo opened the floor to nominations to fill one vacancy on the Recreation and Parks Commission. Councilmember Genser moved to reappoint Doris sosin by acclamation for a term ending June 30, 1995. The motion was unanimously approved. Mayor Abdo opened the floor to nominations to fill one vacancy on Social Services Commission. Mayor Pro Tempore Genser moved to reappoint Mark Pfeffer by acclamation for a term ending June 30, 1995. The motion was unanimously approved. 14-B: STREET LIGHTS: presented was the request of Councilmember Olsen to discuss placing street lights on the 1300 block of 6th street. Discussion was held. councilmember Olsen moved to refer to staff for evaluation and public hearing. The motion was duly seconded and unanimously approved. 14-C: LETTER OF RESIGNATION/MICHAEL E. HILL/SANTA MONICA CONVENTION AND VISITORS BUREAU: Councilmember Katz moved to accept with regrets the letter of resignation of Michael E. Hill from the Santa Monica Convention and visitors Bureau and authorize the city Clerk to publish a Notice of Vacancy. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. 14-D: LETTER OF RESIGNATION/JOHN SMITH/SOCIAL SERVICES COMMISSION: Councilmember Zane moved to accept with regrets the letter of resignation of John Smith from the Social Services Commission and authorize the city Clerk to publish a Notice of Vacancy. The motion was duly seconded and unanimously approved. 14-E: NATIONAL ASSOCIATION OF LATINO ELECTED OFFICIALS CONFERENCE: Presented was the request of Councilmember Vazquez to discuss approval of travel funds for the National Association of Latino Elected Officials (NALEO) Conference in Anaheim June 27, to June 29, 1991. Councilmember Zane moved to approve the expenditure of travel funds for any Councilmember or City staff member to attend. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. 15: PUBLIC INPUT: Members of the public Joy Fullmer and One Over Humanity addressed the Council and expressed their concerns. 7 June 4, 1991 445 ADJOURNMENT: At 12:35 A.M., the meeting was adjourned. ATZ: , __ cP~-i>h ~J~ Clarice E. J~h~-~ City Clerk APPROVED: ##& Judy Abdo Mayor 8 June 4, 1991