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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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