CITY OF SANTA MONICA
CITY COUNCIL MEETING 05/02/89
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
11-A: CLOSED SESSION: Closed Session was held during
consideration of Item 14-M later in the meeting.
12-A: APPEAL/HOTEL DEVELOPMENT/2801 SANTA MONICA BOULEVARD:
Presented was an appeal of the Planning Commission denial of a
proposed four story, sixty-six room addition to the existing
three story eighty-two room Comfort Inn located at 2801 Santa
Monica Boulevard; Applicant/Appellant: Doug Lowe for Charles
Ting, continued from April 25, 1989. Council asked questions of
staff. At 8:05 p.m., Mayor Zane declared the public hearing
opened. Douglas Lowe, project architect, spoke on behalf of the
applicant/appellant, in support of the appeal. Susan Packer
Davis, and Julie Lopez Dad spoke on behalf of the Rent Control
Board in opposition to the appeal. John Lafferty, Lola Gross, Ed
Simonian, Barry Joffee, Bill Weingarden, Kelly Olsen representing
Mid-City Neighbors, Stuart Ziff, Ralph Cizmar, Sam Gross, and
Gabriel Morner spoke in opposition to the proposed development.
Douglas Lowe spoke in rebuttal, on behalf of the
applicant/appellant. Councilmember Genser moved to deny the
project, uphold the findings of the Planning Commission, and deny
the appeal. Second by Mayor Pro Tempore Finkel. Discussion was
held. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
Mayor Pro Tempore Finkel moved to take a brief recess, and when
Council reconvenes, to hear Item 14-M as the next item for
Council consideration. Second by Councilmember Jennings.
Discussion was held. Mayor Pro Tempore Finkel withdrew his
motion.
12-B: APPEAL/CONDOMINIUM DEVELOPMENT/434 PIER AVENUE: Presented
was an appeal of the Planning Commission conditional approval of
a proposed two story/27' four unit condominium at 434 Pier
Avenue; applicant: Plutsky/Chapin Partners; appellant:
Councilmember Herb Katz, continued from April 25, 1989.
Councilmember Abdo stepped down from the dais during Council
consideration and vote on this matter due to a possible conflict
of interest. Appellant, Councilmember Katz spoke in support of
the condominium development as proposed by the applicant.
Applicant, Dane Chapin addressed Council in support of the
proposed project. Planning Commissioner Donald Lewin Nelson
addressed Council in support of the implementation of a
conditional use permit process, stated in the Housing Element, to
encourage child-friendly housing developments. Councilmember
Katz moved to amend the Planning Commission's conditional
approval, to uphold the appeal, and to approve this project as
originally submitted. Second by Councilmember Genser.
Discussion was held. During discussion, the motion was amended
to include the adoption of the findings and conditions contained
in the Planning Commission staff report dated March 15, 1989.
The motion, as amended, was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Genser,
Jennings, Katz, Reed, Mayor Zane
Absent: Councilmember Abdo
Councilmember Reed moved to direct staff to examine the issue of
child-friendliness, or the lack of child-friendliness, of the
housing unit types that are being built in the City to be
included in the study of the Housing Element, and in concert with
that, to also provide the Planning Commission and Council with
the statistical data on one year's worth of multiple unit
development in the City, so that Council has an indication of the
variety that is currently being produced, and where there may be
shortcomings. Second by Councilmember Katz. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Genser,
Jennings, Katz, Reed, Mayor Zane
Absent: Councilmember Abdo.
Councilmember Abdo returned to the dais.
12-C: APPEAL/CONDOMINIUM DEVELOPMENT/1019 GRANT STREET:
Presented was an appeal of the Planning Commission denial of a
proposed five unit condominium at 1019 Grant Street; applicant:
Bel Air Builders; appellant: Councilmembers Chris Reed and Herb
Katz, continued from April 25, 1989. Michael Folonis addressed
Council on behalf of the applicant, in support of the proposed
development. Planning Commissioner Donald Lewin Nelson addressed
Council regarding the need to investigate innovative housing
programs in other countries, in relation to multi-family housing.
Councilmember Reed moved to uphold the appeal, approve the
project, and incorporate in the motion all of the Planning
Commission recommendations in the staff report dated March 15,
1989. Second by Councilmember Katz. The motion was approved by
the following vote:
Council vote: Unanimously approved 7-0
13-A: FREDD WAYNE/RECORDS REVIEW PROCEDURES: Presented was the
request of Fredd Wayne to address Council regarding repeal of
Resolution No. 7675(CCS), Section 1, Records Review, continued
from April 25, 1989. Mr. Wayne requested that Section 1, of
Resolution No. 7675(CCS), be rewritten to waive the fee for
copies of police reports, in order to accommodate victims of
serious crimes. Mr. Wayne further addressed Council regarding
the enforcement of parking regulations, and the need to repair
damaged parking meters in Ocean Park. Councilmember Katz moved
to direct staff to review this matter and to possibly amend the
current procedure to allow a free report to crime victims
requesting police reports, once every six months or once a year.
Second by Councilmember Genser. The motion was unanimously
approved.
14-F: PEDESTRIAN MEASURES ON FOURTH STREET BETWEEN COLORADO
AVENUE AND WILSHIRE BOULEVARD: Presented was the request of
Mayor Zane to discuss pedestrian measures on Fourth Street
between Colorado Avenue and Wilshire Boulevard. Councilmember
Genser moved to hear one member of the public as a representative
of those people who requested to speak on this matter. Second by
Councilmember Abdo. The motion was unanimously approved. Mayor
Zane introduced this item. Joan Green, Director of Crossroads
Elementary School, addressed Council on behalf of the students,
parents, and staff of Crossroads School regarding the traffic
hazards encountered when crossing Fourth Street, and proposed
solutions to alleviate the hazardous condition. Mayor Zane moved
to direct staff to develop a process for addressing these
concerns; to confer with members of the Crossroads School
community, and merchants on the street about the various options;
to include consideration of the block immediately north of
Wilshire on Fourth Street in the staff investigation; and to
report back to Council as soon as practicable. Second by
Councilmember Katz. The motion was unanimously approved.
14-M: ORDINANCE ADDRESSING ADVERSE DEVELOPMENT EFFECTS:
Presented was the request of Councilmember Abdo to discuss
consideration of options, including preparation of an ordinance
to address adverse effects of development. Councilmember Abdo
initiated discussion of this matter. Councilmember Katz moved to
hear from members of the public who have requested to speak on
this issue. Second by Councilmember Finkel. The motion was
unanimously approved. Sylvia Shniad spoke in opposition to the
proposed moratorium, and in support of a moratorium that would
include all City sponsored projects and all proposals submitted
before May 2, 1989. John Reed spoke in support of the
establishment of a hardship exemption, and in support of allowing
50/50 residential/commercial development. Donald Lewin Nelson
spoke in support of the proposed moratorium and expressed
concerns regarding the Bayside District and the Third Street
Promenade, and the type of development that has occurred in the
downtown area. Sister Mary Madeleine spoke in support of the
proposed moratorium. Bill Weingarden spoke in opposition to the
proposed moratorium, and urged a more pervasive moratorium, or
none at all. Jack Baptista spoke in opposition to the proposed
moratorium. Kelly Olsen urged the inclusion of hotels in the
proposed moratorium. Karl Schober spoke in opposition to the
proposed moratorium. Councilmember Katz moved to extend the
meeting to 12:00 a.m. Second by Councilmember Jennings. The
motion was unanimously approved. Councilmember Abdo moved to
direct the City Attorney to prepare an interim ordinance, that
would be effective for ten months and fifteen days, to prohibit
the filing of all applications for development review permits, or
applications for development agreement for new non-residential
development city-wide, except the following categories of
development: proposed developments for which development
agreement applications have been filed on or before May 2, 1989,
and proposed developments for which development review
applications have been filed and deemed substantially complete,
on or before May 2, 1989; proposed developments on land owned,
operated, or controlled by the City of Santa Monica, Santa Monica
College, the Santa Monica School District, or the State of
California, including the Pier; proposed developments in the
Third Street Mall Specific Plan Area, and in the Hospital
Specific Plan Area; proposed developments that fall below the
development review thresholds identified in the Zoning Ordinance.
Second by Councilmember Finkel. Councilmember Genser moved to
amend the motion to include an exemption for projects of less
than 15,000 square feet or the development review threshold,
whichever is less. Second by Mayor Pro Tempore Finkel.
Discussion was held. The motion to amend failed by the following
vote:
Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor
Zane
Negative: Councilmembers Abdo, Jennings, Katz,
Reed
Councilmember Genser moved to amend the motion so that the small
development project exemption would be limited to those projects
which are no greater than 75% of the development review
thresholds contained in the Zoning Ordinance rounded down to the
nearest thousand square feet (for the Neighborhood Commercial
Zone, C2, 8,000 square feet; Downtown Overlay Zone, C3C, 22,000
square feet; Special Office and Boulevard Commercial Districts,
C5 and C6, 22,000 square feet; Industrial Conservation Zones, M1,
22,000 square feet; Highway Commercial Zone, 18,000 square feet;
Main Street Commercial Zone, 11,000 square feet; and Commercial
Professional Zone, 16,000 square feet). Second by Mayor Pro
Tempore Finkel. The amendment was accepted as friendly by the
maker and second of the main motion.
Councilmember Katz moved to amend the motion to include the
Reliance Airport Project within the moratorium; to direct staff
to study the project and to return to Council with a development
proposal that must go through neighborhood and citywide scrutiny;
to direct staff to negotiate with the developer; and when the
development review has been completed, that the present Airport
Project developer get the first opportunity at developing any
revised project. Second by Councilmember Reed. Discussion was
held. At the request of the City Attorney, Councilmember Katz
moved to adjourn to Closed Session for the purpose of discussing
anticipated litigation regarding this matter. Second by
Councilmember Reed. The motion was unanimously approved. At
11:30 p.m., Council adjourned to Closed Session. At 11:45 p.m.,
Council reconvened with all members present. Based upon the
advice of the City Attorney during Closed Session, Councilmember
Katz withdrew his amendment to the main motion. Councilmember
Reed withdrew her second.
Further discussion was held. Councilmember Genser moved to
extend the meeting to 12:30 a.m. Second by Mayor Pro Tempore
Finkel.
The main motion, to direct the City Attorney to prepare an
ordinance, as amended, was approved by the following vote:
Council vote: Unanimously approved 7-0
14-A: RECREATION AND PARKS COMMISSION: Presented was the matter
of the appointment of a member to the Recreation and Parks
Commission. Councilmember Katz nominated Morgan Lynn.
Councilmember Finkel nominated Dianne Glinos. The vote on the
nominations was as follows:
Morgan Lynn: Councilmembers Jennings, Katz, Reed
Dianne Glinos: Councilmembers Abdo, Finkel, Genser, Mayor Zane
Therefore, Dianne Glinos was appointed to the Recreation and
Parks Commission for a term ending June 30, 1992.
14-B: SENATE BILL 103/AUTOMOBILE INSURANCE: Presented was the
request of Mayor Zane to discuss support of SB 103 (Robbins) in
regard to the non-renewal of automobile insurance policies by
insurers. Mayor Zane initiated discussion and moved to express
Council's endorsement of Senate Bill 103 (Robbins), and direct
the City's lobbyist to indicate the Council's support of this
measure. Second by Councilmember Katz. The motion was approved,
Mayor Pro Tempore Finkel abstained.
14-C: ARCHITECTURAL REVIEW BOARD: Presented was the matter of
the appointment of a member to the Architectural Review Board.
Councilmember Genser moved to continue this item to the next
regular Council meeting after May 9, 1989. Second by
Councilmember Katz. The motion was unanimously approved.
14-D: PETER C. BROSIUS/ARTS COMMISSION: Presented was the
matter of the acceptance of a letter of resignation from Peter C.
Brosius from the Arts Commission and authorization to the City
Clerk to publish a notice of vacancy with the annual appointments
in June. Mayor Pro Tempore Finkel moved to accept the
resignation with regret, and instruct the City Clerk to publish
this vacancy with annual vacancy notice. Second by Coucilmember
Katz. Discussion was held. The motion was unanimously approved.
14-E: DISTRIBUTION OF PUBLIC INFORMATION REGARDING LEASE SALE
95: Presented was the request of Councilmember Reed to discuss
the distribution of information to the public regarding Lease
Sale 95 (petroleum exploration). Councilmember Reed initiated
discussion and moved to direct staff to support the effort to
inform the public about the off-shore oil drilling lease sale by
purchasing sufficient information brochures and mail-back cards
to distribute to Santa Monica residents through the libraries,
parks, and other such public locations such as staff deems
appropriate. Second by Councilmember Katz. Discussion was held.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
14-G: CONSIDERATIONS INCLUDED IN THE 1989-90 FISCAL YEAR BUDGET:
Presented was the request of Councilmember Jennings to discuss
direction to staff to include in the 1989-90 fiscal year budget
considerations, the recommendations made in the City Attorney's
memorandum of January 26, 1989. Councilmember Jennings initiated
discussion and moved to request staff, at the time of the budget
session, to report to Council regarding the cost implications of
the various considerations recommended by the City Attorney, if
the Council were to direct staff to include them in the budget.
Second by Councilmember Finkel. The motion was unanimously
approved.
14-H: AQUARIUM PROJECT: Presented was the request of
Councilmember Jennings to discuss the status of the aquarium
project. Councilmember Jennings initiated discussion. Staff
responded to Councilmember Jennings's questions regarding the
City's procedures for the preparation of Environmental Impact
Reports and the necessary timeline to complete the entire
development process. At the request of Council, staff was
requested to provide monthly memorandums regarding the prgress of
this project.
14-I: MONTEREY LEAGUE OF CITIES CONFERENCE PANELS ON ARTS AND
CABLE TELEVISION: Presented was the request of Mayor Pro Tempore
Finkel to report to Council on the April 13, 1989, Monterey
California League of Cities conference panels on Arts and Cable
TV. Mayor Pro Tempore Finkel restated his intent to present
Council with a written report on issues discussed during this
conference.
14-J: POLICY 4.3.1 OF THE LAND USE AND CIRCULATION ELEMENT:
Presented was the request of Mayor Zane to discuss the
definitions of "significant adverse impacts" and "overriding
considerations" in implementing policy 4.3.1 of the Land Use and
Circulation Element. Mayor Zane initiated discussion and moved
to direct staff to include within their scheduling and policy
review of the citywide moratorium, issues with respect to
"significant adverse impacts" and "overriding considerations,"
and to address the following concerns: 1) the methodology
options that Council should be examining for measuring traffic
capacity, and appropriate traffic flow; 2) the development of
more demanding standards for "significant adverse impacts" which
reflect the concern expressed by the community for more stringent
standards as intersections become more congested; 3) the
establishment of language in the Land Use and Circulation
Elements clarifying "overriding considerations" which would state
that developments which cause intersections to exceed Level of
Service "D" should be turned down unless there are "overriding
considerations," and to provide guidance as to what those
"overriding considerations" might be. Second by Councilmember
Katz. Discussion was held. Mayor Pro Tempore Finkel moved to
amend the motion to direct staff to schedule a study session to
report back to Council on this issue. The amendment was accepted
as friendly by the maker and second of the main motion.
Councilmember Genser moved to direct staff to include the
Planning Commission in a joint session with the City Council when
staff reports back on this issue. The amendment was accepted as
friendly by the maker and second of the original motion. The
motion, as amended, was unanimously approved.
Councilmember Reed moved to extend the meeting to 1:00 a.m.
Second by Councilmember Genser. The motion was approved,
Councilmember Jennings opposed.
14-K: ASSEMBLY BILL 1000/WATER QUALITY/OCEAN RESOURCES:
Presented was the request of Mayor Zane to discuss support for AB
1000 (Hayden, Bates, Eastin, Hauser, and Speier), regarding water
quality: ocean resources. Mayor Zane initiated discussion and
moved to express Council's support for this legislation. Second
by Councilmember Katz. Discussion was held. The motion was
unanimously approved.
14-L: MAYOR'S TRAVEL FUNDS/SECOND STATEWIDE OCEAN POLLUTION
CONFERENCE: Presented was the request of Mayor Zane to discuss a
request for approval to expend Mayor's travel funds to attend the
Second Statewide Ocean Pollution Conference at the Marin
Headlands on May 12 and 13, 1989. Councilmember Genser moved to
approve the expenditure of Mayor's travel funds to attend this
conference. Second by Councilmember Abdo. The motion was
approved, Councilmembers Katz and Jennings opposed.