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M-12/5/1989 393 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 5, 1989 A regular meeting of the Santa Monica city council was called to order by Mayor Zane at 7:35 P.M., on Tuesday, December 5, 1989, 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 (arrived at 7:55 P.M.) City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Councilmember Katz led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. Also Present: INSPIRATION: Blase Bonpane, Executive Director of the Office of Americas provided a moment of inspiration and prayer opposing united States involvement in the war in Central America. 8-A: LANDSCAPE STANDARDS: Presented was a staff report transmitting an ordinance for introduction and first reading regarding modification of Section 9041.6 of the zoning Ordinance concerning landscape standards for building sites in commercial districts, continued from November 28, 1989. Council asked questions of staff. Mayor Zane opened the public hearing at 7:56 P.M. Members of the public Gustaf Soderbergh and Michael Segal spoke in support of the original recommendation and in opposition to the alternative. Member of the public Walter Schwartz spoke in opposition to building to the lot line. Member of the public Joy Fullmer expressed her concern regarding outdoor restaurants blocking the sidewalks and also stated her support of at-large elections. Mayor Zane closed the public hearing at 8: 15 P. M. Councilmember Genser moved to approve the original staff recommendation. Second by Mayor Zane. Discussion was held. Mayor Pro Tem Finkel moved substitute motion to remand the alternative recommendation back to the Planning Commission. Second by Councilmember Katz. Discussion was held. The substitute motion was approved by the following vote: Council vote: Affirmative: councilmembers Katz, Reed Finkel, Jennings, Negative: councilmembers Abdo, Genser, Mayor Zane 1 December 5, 1989 394 8-B: WATER CONSERVATION INCENTIVE FEE PROGRAM: Presented was a staff report transmitting an ordinance for introduction and first reading adding section 7200B to the Santa Monica Municipal Code establishing a Residential Water Conservation Incentive Fee Program, continued from November 28, 1989. council asked questions of staff. Mayor Zane opened the public hearing at 8:44 P.M. Members of the public John Jurenka, Walter Schwartz, and Joy Fullmer spoke in opposition to an incentive fee for low-flow toilets. Mayor Zane closed the public hearing at 8:55 P.M. Mayor Pro Tem Finkel moved to approve the staff recommendation, thereby introducing, for first reading, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7200B TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A RESIDENTIAL WATER CONSERVATION INCENTIVE FEE PROGRAM," reading by title only and waiving further reading thereof. Second by Councilmember Abdo. Discussion was held. The motion was approved by the following vote: council vote: UnanimouslY approved 7-0 8-C: 1988 UNIFORM TECHNICAL CODES: Presented was a staff report transmitting an ordinance for introduction and first reading adopting the 1988 Uniform Technical Codes and adopting the Santa Monica amendments to the 1988 Uniform Technical Codes, continued from November 28, 1989. council asked questions of staff. Mayor Zane opened the public hearing at 9:07 P.M. Member of the public Joy Fullmer spoke of her concern regarding various aspects of the Uniform Technical Codes. Mayor Zane closed the public hearing at 9: 07 P.M. Mayor Pro Tem Finkel moved to approve the staff recommendation thereby introducing, for first reading, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE UNIFORM TECHNICAL CODES AND ADOPTING THE SANTA MONICA AMENDMENTS TO THE 1988 UNIFORM TECHNICAL CODES, II reading by title only and waiving further reading thereof. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-D: MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES: Presented was a staff report transmitting an emergency ordinance for introduction and adoption creating a 45-day moratorium on construction of basements and underground garages beneath required yards in the R-l Zone District, continued from November 28, 1989. Mayor Zane opened the public hearing at 9:11 P . M. Member of the publ ic Roger Behrstock expressed concern regarding subterranean parking and asked questions of Council. Mayor Zane closed the pUblic hearing at 9:17 P.M. Councilmember Reed moved to adopt Ordinance No. 1504 (CCS), entitled: II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES BENEATH REQUIRED YARDS IN THE R-l ZONE DISTRICT AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: 2 December 5, 1989 395 Council vote: Unanimously approved 7-0 11-C: CLOSED SESSION: Not held. 13-A: 17TH STREET TENANTS ASSOCIATION: Presented was the request of Patricia Hewitt and Victor Brown, representing the 17th Street Tenants Association, to address Council regarding the withdrawal of residential rental units at 833, 837, and 839 17th Street, continued from November 28, 1989. Councilmember Katz moved to provide the speakers an additional two minutes for the completion of their presentation. Second by councilmember Genser. The motion was unanimously approved. Discussion was held. Mayor Pro Tern Finkel moved to hear from a member of the public who wished to speak on this matter. Second by Councilmember Genser. The motion was approved, Councilmember Jennings opposed. Member of the public Rosario perry spoke on behalf of the owners of the property involved. Councilmember Jennings moved to direct staff to work with the Rent Control Board to devise a process whereby staff is notified of evictions in pre-1930 buildings, in order to institute proceedings for review by the Landmarks Commission. Mayor Zane requested that this proposal be considered in the context of Item 14-C. councilmember Genser moved to take a brief recess and then hear Item 14-C as the next item. Second by Councilmember Reed. The motion was unanimously approved. At 9: 55 P.M., Council adjourned for a short recess. P.M., Council reconvened with all members present. At 10:15 14-C: MORATORIUM ON THE DEMOLITION OF PRE-1940 BUILDINGS: Presented was the request of Mayor Zane to discuss strategies to protect older homes in residential areas which may be historic or cultural resources, including a possible moratorium on the demolition of pre-l940 buildings, continued from. November 2B, 1989. Discussion was held. Counci1member Genser moved to hear from members of the public for three minutes each. The motion died for lack of a second. Mayor Zane moved to direct the City Attorney to draft an ordinance that would impose a city-wide moratorium on the filing of new applications for projects on sites occupied by pre-1940 bungalow courts, courtyard buildings, California bungalows, and other similar categories of culturally significant buildings which staff would recommend for consideration pending revision of the Landmarks Ordinance, and to add the appropriate criteria to allow for the designation of thematic districts with cultural and historical significance. Second by Mayor Pro Tern Finkel. Councilmember Reed moved to amend the above motion to substitute the year 1930 for 1940. Second by Councilmember Katz. Discussion was held. The amended motion failed by the following vote: Council vote: Affirmative: counci1members Katz, Reed Negative: counci1members Abdo, Finkel, Genser, Jennings, Mayor Zane 3 December 5, 1989 396 Councilmember Genser moved to amend the motion by broadening the term "districts II to allow for the designation of "thematic districts or structures. II The amendment was accepted as friendly. Councilmember Jennings moved to extend the meeting to 12:00 A.M. Second by Councilmember Abdo. The motion was unanimously approved, councilmembers Katz and Reed opposed. Mayor Zane1s motion, as amended, directing the City Attorney to draft the ordinance was approved by the following vote: council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: councilmember Reed Councilmember Reed requested that the record reflect that she is voting "no" on this motion as it is too broad and sweeping. 14-A: PEACE AND ECOLOGY COMMISSION: Presented was the request of Mayor Pro Tempore Finkel to discuss the creation of a Peace and Ecology Commission. Mayor Pro Tem Finkel initiated discussion and moved that the council act tonight to authorize, by instruction to the City Manager, the creation of a task force, the members of which would be appointed by the City Manager, for the purpose of studying the feasibility, the desirability, and the value to the people of Santa Monica of creating a new City commission on peace and safety and safe environment. Second by councilmember Abdo. Discussion was held. Councilmember Genser moved to amend the motion that Ci ty Council appoint the task force. Second by Councilmember Reed. Discussion continued. Councilmember Katz moved to amend the motion that the city Manager select the task force subj ect to Council approval at a future meeting. The amendment was accepted as friendly by the maker of the main motion. councilmember Ganser wi thdrew his amendment. Discussion continued. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Negative: Councilmembers Katz, Reed Councilmember Reed requested the record to reflect that she voted "no" on this item as she does not believe it is appropriate or necessary for the City to have a Peace Commission as outlined by the petition and/or Mayor Pro Tem Finkel. 14-B: AMENDMENT TO ZONING ORDINANCE: Presented was the request of Councilmember Katz to discuss an amendment to the Zoning ordinance regarding donut shops. Councilmember Katz initiated discussion and moved to direct staff to return with an amendment to the zoning ordinance Changing donut shops from IIretail" to "fast food.1I Second by Counci1member Abdo. Discussion was held. The motion was unanimously approved. 4 December 5, 1989 397 14-0: RESIDENTIAL HEIGHT LIMITS: Presented was the request of Mayor Zane to examine setting residential height limits by reference to adj acent buildings, continued from November 28, 1989. Mayor Zane initiated discussion and moved to direct staff to examine setting residential height limits by reference to adjacent buildings and advise Council. Second by Councilmember Abdo. Discussion was held. The motion was approved, Councilmembers Jennings, Katz, and Reed opposed. councilmember Katz requested the record reflect that his II no" vote was based on the belief that this is merely spot zoning without really understanding the entire ordinance, which is not the proper way to approach this issue. 14-E: APPOINTMENT TO LIBRARY BOARD: Presented was the matter of an appointment to the Library Board. Mayor Zane opened the floor to nominations. Councilmember Katz nominated Sharla Boehm and moved that she be appointed to the Library Board for a term expiring June 30, 1990, by acclamation. The motion was unanimously approved. 14-F: APPOINTMENT TO PIER RESTORATION CORPORATION BOARD OF DIRECTORS: Presented was the matter of an appointment of a member to the Pier Restoration Corporation Board of Directors. Councilmember Genser moved to continue this appointment to the council meeting of December 12 I 1989. Second by Councilmember Abdo. The motion was unanimously approved. 14-G: LETTER OF RESIGNATION: Presented was the matter of the acceptance of a letter of resignation from Joyce Parker Bozylinski of the Housing Commission. councilmember Genser moved to accept with regrets the letter of resignation from Joyce Parker-Bozylinski, and authorize the City Clerk to publish a notice of vacancy. Second by councilmember Abdo. The motion was unanimously approved. 14-H: COUNCIL CHAMBERS FEE/U.S. DEPARTMENT OF THE INTERIOR: presented was the request of Mayor Zane to waive the fee for use of the council Chambers by the United states Department of the Interior on December 13, 1989. Mayor Zane moved to waive the fee for use of the Council Chambers on that date. Second by Councilmember Genser. The motion was unanimously approved. 14-I: MORATORIUM ON MULTI-FAMILY RESIDENTIAL DEVELOPMENT APPLICATIONS: Mayor Zane withdrew his request to discuss a possible moratorium on mUlti-family residential development applications until the completion of the Housing Element in favor of an inclusionary program in the Housing Element for possible adoption as an interim ordinance. 5. PUBLIC INPUT: Member of the public Joy Fullmer addressed Council regarding the Peace and Ecology Commission and feels that they should be handled as separate entities. 5 December 5, 1989 398 ADJOURNMENT: At 11:55 P.M., the City Council meeting was adjourned to December 12, 1989, 7:30 P.M. ATTEST: APPROVED: I ~ /' ~:-~ : ~ L" (! < ;.. (yu-- ~,/-,,4 ~- L/: -" "/ -'\.U"-v'-- ri-' /c ?/U.4...L r -~ Clarice E. Johnsen city Clerk p~ 'I ~o-- Dennis Zane Mayor 6 December 5, 1989