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M-10/2/1990 L:j'J CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 2, 1990 An adjourned meeting of the Santa Monica city Council was called to order by Mayor Zane at 7:35 P.M., on Tuesday, October 2, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser councilmember William H. Jennings Councilmember Herbert Katz Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City clerk Clarice E. Johnsen Councilmember Genser led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. Mayor Pro Tempore Finkel moved to add Item 6-A to the agenda. Second by Councilmember Genser. The motion was unanimously approved. eouncilmember Genser moved to hear Item 6-A first. Second by Councilmember Katz. The motion was unanimously approved. 6-A: SAINT MONICA'S OKTOBERFEST 5K AND lOK RUN: Presented was a staff report transmitting a resolution to approve an al ternat race route for st. Monica's Church Octoberfest 5 and 10K Run, on October 6, 1990. Mayor Pro Tempore Finkel moved to adopt Resolution No. 8095 (ces) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A RUNNING RACE ON OCTOBER 6, 1990, OTHER THAN THE OFFICIAL CITY ROUTES," reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 5-A/5-B: CITY COUNCIL VOTES/KEVIN V. KOZAL: Presented was a staff report transmitting an ordinance for introduction and first reading adding section 1330 to the Santa Monica Municipal Code relating to votes by the city council that do not obtain a maj ori ty. Councilmember Genser moved to accept chits on this item through the course of the public hearing. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmembers Jennings and Reed opposed. Council asked questions of staff. Councilmember Reed moved to hear Item 5-B in conjunction with Item 5-A. Second by Councilmember Katz. The motion was 1 October 2, 1990 I 256 unanimously approved. Mayor Zane moved to reconsider the motion to hear late chits. Second by Councilmember Reed. The motion was approved, Councilmember Genser opposed. Mayor Zane moved to accept chits on this item until 8: 05 P. M. Second by Councilmember Reed. The motion was approved, Councilmember Genser opposed. At 7: 52 P.M., Mayor Zane declared the public hearing opened. Members of the public Syd Jurin, Kelly Olsen, Emmalie Hodgin, Cheri Dickinson, Dave Paley, Robert Seldon, Bea Nemlaha, Sylvia Shniad, Robert Segal, Ken Breisch, Jean Gebman, Susan Suntree, George Hickey, Susan Davidson, Miles Warner, Madeline Warner, Bruce Cameron, Laurel Roennau, Bill Weingarden, John Bodin, Eric Chen, Maryanne Solomon, Manfred Schlosser, and Joanne Hatfield spoke in opposition to the proposed ordinance. Members of the pUblic Joy Fullmer and Dan Kingsley expressed their concerns. Members of the public steve weiser, Chris Harding, Ken Kutcher, Bob Gabriel, and Paul Rosenstein spoke in support of the proposed ordinance. Mayor Pro Tempore Finkel moved to hear late chits. The motion was seconded and approved, Councilmembers Jennings and Katz opposed. Members of the public Tony Haig, Peter Berke, and Jack Baptista spoke in opposition to the proposed ordinance. Mayor Pro Tempore Finkel moved to hear an additional late speaker. The motion died for lack of a second. Council asked questions of staff. Mayor Pro Tempore Finkel moved to introduce for first reading an ordinance entitled: flAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 1330 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO VOTES BY THE CITY COUNCIL THAT DO NOT OBTAIN A MAJORITY," reading by title only and waiving further reading thereof, with an amendment to incorporate language which clarifies the intent of this City Council that the substance and the spirit of the new ordinance was intended by this City Council to be the state of the law and was considered to be the state of the law in the past. Second by Councilmember Katz. Council asked questions of staff. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Negative: Councilmember Genser At 10:00 P.M., Council adjourned for a recess. At 10:20 P.M., Council reconvened with all members present. 8-B: THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT: Presented was an ordinance for introduction and first reading adding Sections 9631 through 9638 to Chapter 6 of the Santa Monica Municipal Code implementing procedures for review of the alteration or demolition of structures located in the Third street Neighborhood Historic District. Mayor Zane moved to postpone this item until next week and continue it at that time to the following meeting. Second by Councilmember Reed. The motion was approved, Mayor Pro Tempore Finkel opposed. 8-E: CHARTER REVIEW COMMISSION: Presented was an ordinance for introduction and first reading adding Chapter 9A to Article II of 2 October 2, 1990 257 the Santa Monica Municipal Code to create a Charter Review Commission. Council asked questions of staff. Discussion was held. Member of the public Joy Fullmer expressed her concerns. Member of the public Peter Berke spoke in support of the proposed ordinance. Discussion was held. Councilmember Reed moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9A TO ARTICLE II OF THE SANTA MONICA MUNICIPAL CODE TO CREATE A CHARTER REVIEW COMMISSION," reading by title only and waiving further reading thereof, and amending same to name a date specific wherein the members shall be appointed and that date shall be the first regular City council meeting after the swearing-in of the new Councilmembers, and, further, add the Planning Commission in the review of methods of appoint1llent. Second by Councilmernber Genser. Councilmember Genser moved to amend the motion to include the position of City Manager in the review of methods of appointment. Second by Mayor Zane. Discussion was held. The amended motion failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor Zane Negative: Councilmembers Abdo, Jennings, Katz, Reed Councilmember Abdo requested that the record reflect that she voted II no" on this item as she feels that to review the City Manager form of government would take much longer and require a more comprehensive review. Discuss ion was held. following vote: The original motion was approved by the council vote: Affirmative: Councilmembers Abdo, Genser, Jennings, Katz, Reed, Mayor Zane Abstain: councilmember Finkel 8-G: PREFERENTIAL PARKING ZONE T: Presented was an ordinance for adoption and second reading adding Municipal Code section 3238T to establish Preferential Parking Zone T on Dorchester Avenue between Exposition Boulevard and Delaware Avenue. councilmember Genser moved to adopt Ordinance No. 1545(CCS} entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238T TO THE SANTA MONICA MUNICIPAL CODE TO I ESTABLISH PREFERENTIAL PARKING ZONE T," reading by title only and waiving further reading thereof. Second by Councilmemher Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane Negative: Councilmember Katz Abstain: Councilmember Jennings 3 October 2, 1990 ':::::ltl Councilmember Katz requested that the record reflect that he voted "no" on this item because he feels that by establishing preferential parking zones it merely moves the parking problems to surrounding neighborhoods and therefore treats the symptom rather than solving the problem. S-H: PREFERENTIAL PARKING ZONE M: Presented was an ordinance for adoption and second reading amending santa Monica Municipal Code section 3238M to expand Preferential Parking Zone M to include Bicknell Avenue between Third and Fourth streets. Councilmember Reed moved to adopt Ordinance No. 1546(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3238M TO EXPAND PREFERENTIAL PARKING ZONE M," reading by title only and waiving further reading thereof. Second by Councilmember ADdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane Negative: Councilmember Katz Abstain: Councilmember Jennings Councilmember Katz requested that the record reflect that he voted "no" on this item because he feels that by establishing preferential parking zones it merely moves the parking problems to surrounding neighborhoods and therefore treats the symptom rather than solving the problem. 8-I: NORTH OF WILSHIRE: Presented was an ordinance for adoption and second reading amending the Interim Districting Map, creating the NW-R2 and NW-R3 for the area bounded by Ocean Avenue to the west, 14th Street to the east, wilshire Boulevard to the south, Montana Avenue to the north, or more commonly referred to as the North of Wilshire Neiqhborhood. Councilmember Genser moved to adopt Ordinance No. 1547 (CCS) enti tIed: II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IMPLEMENTING THE COMPREHENSIVE LAND USE AND ZONING ORDINANCE BY AMENDING THE INTERIM DISTRICTING MAP, II reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. Council asked questions of staff. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, I Mayor Zane Negative: Councilmembers Katz, Reed Abstain: Councilmernber Jennings Councilmember Katz requested that the record reflect that he voted "no" on this item because he did not vote in favor of the original down-zoning and does not believe that it was the intent of the City Council to down-zone two levels. 4 October 2, 1990 L,:j':j 8-J: PREFERENTIAL PARKING ZONE S: Presented was an ordinance for adoption and second reading adding Section 32385 to the Santa Monica Municipal Code to establish Preferential Parking Zone S on 16th and 17th streets between Montana Avenue and Alta Avenue. Mayor Pro Tempore Finkel moved to extend the meeting to 12: 00 A.M. Second by councilmember Genser. The motion was unanimously approved. Councilmember Reed moved to adopt Ordinance No. 1548 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 323 as TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE S," reading by title only and waiving further reading thereof. Second by councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane Negative: Councilmember Katz Abstain: Councilmember Jennings 8-K: NORTH OF WILSHIRE: Presented was an ordinance for introduction and first reading modifying the R2 and R3 District, bounded by Ocean Avenue on the west, 14th street on the east, Wilshire Boulevard on the south, Montana Avenue to the north, or more commonly referred to as the North of Wilshire Neighborhood. Councilmember Genser moved to continue this item to a date to be set by staff for an open agenda and notify residents and property owners. Second by Councilmember Katz. Discussion was held. Councilmember Reed moved to amend the motion to continue this item to the meeting of October 23. The amendment was accepted as friendly. Discussion was held. The motion was unanimously approved. lO-A: LANDMARKS COMMISSION: Presented was a staff report transmi tting the recommendation of the Landmarks commiss ion to direct the City Attorney to prepare revisions to the Landmarks Ordinance and Demolition Ordinance, and prepare a Preservation Incentives Plan for review. Council asked questions of staff. Councilmember Genser moved to hear from members of the public. Mayor Pro Tempore Finkel moved to suspend the rules for the limited purpose of authorizing the Chairperson of the Landmarks Commission to make a presentation to Council. Second by Councilmember Reed. Mayor Pro Tempore Finkel withdrew his motion. Councilmember Genser's motion died for lack of a second. Mayor Pro Tempore Finkel moved to direct the City Attorney to I prepare revisions to the Landmarks Ordinance and to direct Planning staff to prepare a report outlining the specific components of the recommended preservation incentives. Second by Councilmember Abda. Councilmember Reed moved to amend the motion to provide that if any waiver of a 5-year time limit is to be granted that it shall be granted only by the City Council upon an affirmative recommendation from the Landmarks Commission. Second by Councilmember Katz. Discussion was held. Councilmember Reed moved to amend her amendment to declare that the waiver affirmatively granted by the Landmarks Commission is appealable 5 October 2, 1990 I LbU to the City council. The motion was accepted as friendly. Discussion was held. Councilmember Genser moved to amend the motion to include tentative tract maps, parcel maps, and conditional use permits to the 1 ist of permits which should be prohibited once the Landmarks Commission determines that an application for landmark or historic district designation merits formal consideration in order to remove the argument that a vesting tentative tract map would make it impossible to designate the landmark or district. The amendment was accepted as friendly. councilmember Reed moved to amend the motion to specify within Section 2. Pre-l930 Rule that when a permit is issued to demolish 50% or more of the structure in order to remodel or add to the structure that that date becomes the birthdate of the structure rather than the original date that the structure was completed. Discussion was held. The amendment was accepted as friendly. Discussion continued. The motion was approved by the following vote: Council vot: Unanimously approved 7-0 11-A: FAR STANDARDS IN C3 DISTRICT/PERFORMANCE STANDARDS FOR RESIDENTIAL UNITS IN COMMERCIAL ZONES: Councilmember Katz moved that the recommendation to direct the city Attorney to prepare a modification to the Santa Monica Municipal Code Section 9018.6 regarding FAR standards in the C3 District, and Section 9050.11 regarding Performance Standards for residential units in commercial zones, be continued to the meeting of October 9, 1990, at the request of the appl icant. Second by Mayor Pro Tempore Finkel. The motion was unanimoUSly approved. Il-B: FEE-FOR-ART PROGRAM: Presented was a staff report recommending direction to the City Attorney to prepare an ordinance implementing the proposed Fee-For-Art Program for all new non-residential development in the city. council asked questions of staff and consultant, Stan Hoffman. councilmember Katz moved to extend the meeting to L2:30 A.M. Second by Councilmember Reed. The motion was unanimously approved. Council asked questions of staff. Members of the public Bruria Finkel, Roger Genser, and Lindsay Shields spoke in support of the program with revisions. Mayor Pro Tempore Finkel moved to direct the City Attorney to prepare an ordinance, within one month if possible, implementing the proposed Fee-For-Art program as set forth in the staff recommendation with the following conceptual modifications: 1) that 100% of the Fee-For-Art be pl~ced in the Cultural Trust Fund as opposed to the recommended 4.0%~ and 2) that 50% of the funds be directed and earmarked for use within the impact area of the development project and that other 50% be used for the support of artworks and proj ects throughout the city. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed 6 October 2, 1990 ~b.l Councilmember Reed requested that the record reflect that she voted "no" on this item because, while she would support a requirement of some type of on-site, public accessible and available arts project, she feels that a per-square-foot fee as a method to support the general cultural programs of the City does not seem to be an appropriate funding mechanism. 11-C: ENVIRONMENTAL PLANNING ASSOCIATES/PIER EIR: presented was a staff report recommending authorization for the City Manager to negotiate and execute a contract for preparation of an EIR on the proposed redevelopment of Santa Monica Pier and related parking. council asked questions of staff. Councilmember Jennings moved to extend the meeting to 12: 45 A. M. Second by Councilmember Katz. The motion was unanimously approved. Councilmember Katz moved to approve Contract No. 5603(CCS) between the city of Santa Monica and Environmental Planning Associates for the preparation of the EIR. Second by Mayor Zane. The motion was approved by the following vote: council vote: Unanimously approved 7-0 11-0: CLOSED SESSION: Not held. 14-A: APPOINTMENT OF MEMBERS/BOARDS AND COMMISSIONS: Presented was the matter of appointments to the Arts Commission, Landmarks Commission, and Social Services commission. Mayor Zane opened the floor to nominations to fill a vacancy on the Arts Commission. Mayor Pro Tem Finkel nominated Jascha Kessler to the Arts commission for a three year term. Mayor Zane moved to appoint Jascha Kessler by acclamation. second by Councilmember Katz. The motion was unanimously approved. Jascha Kessler was thereby appointed to the Arts Commission for a term expiring June 30, 1993. Mayor Zane opened the floor to nominations to fill a vacancy on the Landmarks Commission. councilmember Genser nominated Evelyn Hitchcock to fill a vacancy on the Landmarks Commission for a four year term. Mayor Zane moved to reappoint Evelyn Hitchcock by acclamation. Second by Councilmember Genser. The motion was unanimously approved. Evelyn Hitchcock was thereby reappointed to the Landmarks commission for a term expiring June 30, 1994. Mayor Zane opened the floor to nominations to fill a vacancy on the social services commission. Mayor Pro Tempore Finkel nominated Yvonne Allen to the Social Services Commission for a four year term. Councilmember Katz moved to reappoint Yvonne I Allen by acclamation. Second by Councilmember Genser. The motion was unanimously approved. Yvonne Allen was thereby reappointed to the Social Services commission for a term expiring June 30, 1994. 14-B: THE INTERNATIONAL MAKING CITIES LIVABLE COUNCIL: The request of Mayor Zane to discuss joining The International Making Cities Livable Council was withdrawn at the Mayor's request. 7 October 2, 1990 I 262 14-C: FAX MACHINES: The request of counci1member Katz to discuss potential furnishing of Councilmembers with FAX machines was continued to the meeting of October 9, 1990. 14-D: COUNCIL CHAMBERS FEE/CALIFORNIA STATE ASSEMBLY: Presented was the request of Mayor Zane to discuss waiving the fee for the use of the Council Chambers by members of the California state Assembly for a hearing on homeless matters. Mayor Zane moved to waive the fee for the use of the council Chambers by members of the California state Assembly on October 18, 1990. Second by Councilmember Genser. The motion was unanimously approved. l4-E: RADIO TOWERS: Presented was the request of Councilmember Katz to discuss criteria for controlling permits on radio towers within the city, particularly in residential zones. councilmember Katz moved to direct staff to prepare a report addressing radio towers. Second by Mayor Pro Tempore Finkel. Councilmember Genser moved to hear speakers on this item. Second by Councilmember Reed. The motion failed, Councilmembers Abdo, Katz, and Jennings, and Mayor Zane opposed. The motion to direct staff was unanimously approved. councilmember Katz and Jennings were excused from the meeting at 12:40 A.M. 14-F: LOS ANGELES COUNTY PROPOSITION B: Presented was the request of councilmember Genser to discuss the adoption of a resolution in support of Proposition B, (bonds for safer neighborhood parks, tree planting, gang prevention, senior recreation, beaches and wildlife) . Discussion was held. Councilmember Genser moved to adopt Resolution No. 8096(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, SUPPORTING PROPOSITION B--THE LOS ANGELES COUNTY SAFE NEIGHBORHOOD PARKS, TREE-PLANTING, GANG PREVENTION, SENIOR RECREATION, BEACHES AND WILDLIFE ACT," reading by title only and waiving further reading thereof. Second by Mayor Zane. The motion was approved, councilmember Katz and Jennings absent. 14-G: HEIGHT AND DEVELOPMENT STANDARDS FOR SLOPING LOTS: Presented was the request of Councilmember Abdo to discuss direction to staff to develop improved regulations for the calculation of height and development standards for sloping lots. Councilmember Abdo moved to refer this item to staff for recommendation. Second by Mayor Pro Tempore Finkel. Discussion was held. The motion was unanimously approved. By Council consent, staff was directed to prepare detailed drawings illustrating the present and proposed standards. 8 October 2, 1990 Lbj ADJOURNMENT; At 12:42 A.M., the meeting was adjourned to October 9, 1990, in memory of Damon Mahler and Walter Tucker, former Mayor of the City of Compton. ATTEST: ---f~ John city Clerk APPROVED: '----.. r) ~ ' J~1Lt~- Dennis zane! Mayor 9 October 2, 1990 I