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M-2/26/1991 I 35~ CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 26, 1991 The regular meeting of the Santa Monica City council was called to order by Mayor Abdo at 7: 40 P. M., on Tuesday, February 26, 1991, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser councilmember Robert T. Holbrook Councilmember Kelly Olsen councilmember Antonio Vazquez Councilmember Dennis Zane Absent: Councilmember Herbert Katz Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. 4-A: COMMUNITY COLLEGE MONTH: Mayor Abdo presented a proclamation to College District Board Vice Chair Carole Currey, declaring the month of February 1991 to be "Community College Month II in the City of Santa Monica. CITY COUNCIL/PARKING AUTHORITY/HOUSING AUTHORITY SPECIAL JOINT MEETING: At 7:45 P.M., a City Council/Parking Authority/Housing Authority Special Joint Meeting was convened. Parking Authority Roll Call: Present: Chair Judy Abdo Chair Pro Tempore Ken Genser Authority Member Robert T. Holbrook Authority Member Kelly Olsen Authority Member Antonio Vazquez Authority Member Dennis Zane Authority Member Herbert Katz Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen Absent: Also Present: Housing Authority Roll Call: Present: Chair Judy Abdo Chair Pro Tempore Ken Ganser Authority Member Robert T. Holbrook - 1 - 359 Authority Member Kelly Olsen Authority Member Antonio Vazquez Authority Member Dennis Zane Absent: Authority Member Herbert Katz Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority clerk Clarice E. Johnsen HA-l: HOUSING AUTHORITY MINUTES: Presented for approval were the Housing Authority Minutes of September II, 1990. Chair Pro Tempore Genser moved to approve the minutes of September 11, 1990, as presented. Second by Authority Member Olsen. The motion was unanimously approved, Authority Member Katz absent. CC/PA/HA-2: MID-YEAR BUDGET REVIEW/PERSONNEL ACTION: Presented was a staff report recommending approval of the Mid-Year budget revenue and expenditure changes and resolutions regarding personnel action. Member of the public Joy Fullmer expressed her concerns. Members asked questions of staff. Mayor Pro Tempore Genser moved, on behalf of the city Council, to adopt Resolution No. 8181(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1990-91, II reading by title only and waiving further reading thereof, and Resolution No. 8182(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF HOUSING ASSISTANCE COORDINATOR AND HOUSING SPECIALIST," reading by title only and waiving further reading thereof. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz Chair Pro Tempore Ganser moved, on behalf of the Parking Authority, to adopt Resolution No. 215(PAS) entitled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1990-91, II reading by title only and waiving further reading thereof. Second by Authority Member Zane. The motion was approved by the following vote: parking Authority Vote: Affirmative: Authority Members Genser, Holbrook, Olsen, Vazquez, Zane, Chair Abdo Absent: Authority Member Katz Chair Pro Tempore ,Genser moved, on behalf of the Housing Authority, to adopt Resolution No. 42 (HAS) entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF HOUSING ASSISTANCE COORDINATOR AND HOUSING SPECIALIST," reading by title - 2 - I I 360 only and waiving further reading thereof. Second by Authority Member Zane. The motion was approved by the following vote: Housing Authority Vote: Affirmative: Authority Members Genser, Holbrook, Olsen, Vazquez, Zane, Chair Abdo Absent: Authority Member Katz At 8:10 P.M., the Special city Council/Parking Authority/Housing Authority Joint Meeting was adjourned and the City Council Meeting was reconvened. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Mayor Pro Tempore Genser moved to approve the consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 6-A: REFUSE COLLECTION: Ordinance No. 1564 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 5227 TO AUTHORIZE THE DIRECTOR OF GENERAL SERVICES TO REQUIRE BUSINESSES USING PRIVATE REFUSE HAULERS TO HAVE REFUSE COLLECTED UP TO SIX DAYS PER WEEK, II was adopted. 6-B: REFUSE BINS ON CITY PROPERTY: Ordinance No. l565(CCS) entitled: !IAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 5216 PERMITTING THE ESTABLISHMENT OF FEES FOR PROPERTIES THAT STORE REFUSE BINS ON CITY PROPERTY," was adopted. 6-C: PARKING METERS: Ordinance No. 1566(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3393A, 3393B, 3393C, 3393D, AND 3393E AND REPEALING MUNICIPAL CODE SECTION 3393F INCREASING PARKING METER RATES AND AUTHORIZING PARKING METERS TO BE PLACED ON VARIOUS CITY STREETS," was adopted. 6-D: PREFERENTIAL PARKING ZONES K AND K-l: Ordinance No. 1567 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3238K AND ADDING SECTION 3238K-l TO THE SANTA MONICA MUNICIPAL CODE RELATING TO PREFERENTIAL PARKING ZONES K AND K-l, If was adopted. 6-E: PREFERENTIAL PARKING ZONE 0: Ordinance No. 1568(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA - 3 - Jbl MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 32380 TO EXPAND PREFERENTIAL PARKING ZONE 0," was adopted. 6-F: PROHIBITION OF SALE OF TOBACCO BY VENDING MACHINE: Ordinance No. 1569(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4390 TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE SALE OF TOBACCO BY VENDING MACHINE OR OTHER MECHANICAL DEVICE OR OUT OF PACKAGE," was adopted. 6-G: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8183(CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, AND CURBS (SR-91-169/170)," was adopted, thereby setting a public hearing for March 26, 1991. 6-H: FINAL SUBDIVISION MAP/TRACT NO. 2123B/TPC-076/3115 6TH STREET: Resolution No. 8184(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21238, tf was adopted, thereby approving a four-unit tenant-participating conversion at 3115 6th street. 6-1: FINAL MAP/TRACT NO. 48102/TPC-083/1120 23RD STREET: Resolution No. 81B5(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48102," was adopted, thereby approving a five-unit tenant-participating conversion at 1120 23rd street. 6-J: FINAL SUBDIVISION MAP/TRACT NO. 49709/TPC-120/853 12TH STREET: Resolution No. 81B6(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49709," was adopted, thereby approving a five-unit tenant-participating conversion at BS3 12th street. 6-K: STREET RESURFACING: Airport Avenue was added to the 1989-90 street Resurfacing program and a change order in the amount of $26,533 was authorized. END OF CONSENT CALENDAR a-A: CITYWIDE MORATORIUM: Presented for introduction and adoption was an emergency ordinance to extend the Citywide moratorium on non-residential and hotel development for an additional two years and the approval of a proposed work program for updating the General Plan. Council asked questions of staff. At 8: 41 P.M., Mayor Abdo declared the pUblic hearing open. Members of the public Syd Jurin, Ken Breisch, Merritt Coleman, Bruce Cameron, and Michael Brourm.an spoke in support of the proposed extension of the moratorium with lower density. Members of the public Julie Lopez Dad, Craig Jones, and Eric Chen spoke in support of the proposed moratorium, with exemptions. Member of the public Joy Fullmer expressed her concerns. Member of the - 4 - I I 362 public Vince Muselli spoke in opposition to a two-year period, and suggested removal of some districts sooner. Members of the public Chris Harding and Ken Kutcher spoke in opposition to the extension of the moratorium. Member of the public Tom Larmore spoke in support of the proposed extension of the moratorium. Mayor Abdo closed the public hearing at 9:20 P.M. Discussion was held. Councilmember Zane moved to approve the staff recommendation with the exception that the moratorium be a one-year rather than a two-year period and staff to return March 26th with a specific timeline. Second by Mayor Abdo. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to modify Section 3A so as not to exempt public land except for structures erected for public use, and publicly-owned land in the area bounded by the Seaside Terrace, the northern terminus of the Deauville site, Appian Way, and the tip of the Santa Monica Pier. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to lower the thresholds under exemption 3C. Second by Councilmember Olsen. Discussion was held. Council asked questions of staff. The motion to amend failed by the following vote: council vote: Affirmative: Councilmembers Ganser, Olsen Negative: Councilmembers Holbrook, Zane, Mayor Abdo Absent: Councilmember Katz Vazquez, councilmember Zane moved to amend the motion to reduce the threshold under exemption 3C as proposed by Councilmember Genser except to only lower the exemption in the C-2 zone to 7,000 square feet. Second by Mayor Abdo. The motion was approved by the follwoing vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, vazquez, Zane, Mayor Abdo Absent: Councilmember Katz Mayor Pro Tempore Genser moved to amend the motion to delete exemption 3-B, the area of the Third Street Mall Specific Plan. Second by Councilmember Olsen. Discussion was held. Council asked questions of staff. The amendment failed by the following vote: council vote: Affirmative: Councilmemhers Genser, Olsen Negative: Councilmembers Holbrook, Zane, Mayor Abdo Vazquez, Absent: Councilmember Katz Discussion was held. The City Attorney clarified the language for the amendment to read: - 5 - ..:Hd SUbdivision A shall read, "Applications for approval of permits involving proposed developments of structures or uses for governmental, educational, or public recreational purposes 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, and applications for approval of permits involving development on land owned, operated, or controlled by the city of Santa Monica and intended for development at 415 Pacific Coast Highway, the pier, parking for the pier or intended for an aquarium." Language to be added at the end of Subdivision c: reductions in square footage made on February 26, 1991, apply to any project for which the application was filed after February 27, 1991." The motion to adopt Ordinance No. 1570(CCS} entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT AND DECLARING THE PRESENCE OF AN EMERGENCY, " as amended, reading by title only and waiving further reading thereof, was approved by the following vote: "The shall on or council vote: Affirmative: Councilmembers Genser, HolbrOOk, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz At 10:05 P.M., Council adjourned for a short recess. At 10:35 P.M., Council reconvened with all members present, Councilmember Katz absent. a-B: WATER CONSERVATION MEASURES: Presented for introduction and adoption was an emergency ordinance implementing mandatory water conservation measures for the City of Santa Monica. council asked questions of staff. Councilmember Zane moved to extend the meeting to 12: 30 A.M. Second by Mayor Pro Tempore Genser. The motion was unanimously approved, councilmember Katz absent. Discussion continued. Councilmember Zane moved to continue items 8-0, 9-A, 9-B, 10-A, 10-B, and 14-A to the meeting of March 5, 1991. Second by Mayor Pro Tempore Genser. The motion was unanimously approved, Councilmember Katz absent. At 10: 45 P.M., Mayor Abdo declared the public hearing open. Members of the public Joy Fullmer, Robert Dinsmore, Herbert Hall, and Roy Morando expressed their concerns. Members of the public James Mount, Simon LeDuff, John Jurenka, and C. R. Davenport spoke in opposition to the proposed ordinance. Members of the pUblic stan Fox and David Sumners expressed concern with laundromats. Member of the public Nan Fuchs spoke in support of water conservation. Member of the pUblic Deborah vaughn spoke in support of the proposed ordinance but expressed concern regarding apartEents. Member of the public Chris Reed spoke in support of the proposed ordinance. Member of the public Eric Chen spoke in - 6 - I I 3b4 support of the proposed ordinance with revisions. closed the pUblic hearing at 12:10 A.M. Mayor Abdo Councilmember Zane moved to extend the meeting to 12: 50 A.M. Second by Mayor Pro Tempore Genser. The motion was unanimously approved, Councilmember Katz absent. Councilmember Zane moved to introduce and adopt the revised emergency water conservation ordinance, incorporating the clarifying language with respect to the appeals procedure and inclusion of the language the city Attorney provided regarding the variance procedure which clarifies that prior conservers have an opportunity for a variance, along with providing additional authority to the city Manager to lower the goals in proportion to any reductions from the Metropolitan Water District. Second by Councilmember Olsen. Discussion was held. Councilmember Zane moved to amend his motion to provide authority for the City Council to lower the goals in proportion to any reductions from MWD rather than providing the authority to the City Manager. Councilmember Holbrook moved to amend the motion to leave the thresholds at the original 18 and 10. The motion died for lack of a second. The motion to introduce and adopt the amended Emergency Ordinance No. 1571(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE RELATING TO WATER CONSERVATION MEASURES AND DECLARING THE PRESENCE OF AN EMERGENCY, tI reading by title only and waiving further reading thereof, was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Olsen, Vazquez, Zane, Mayor Abdo Negative: Councilmember Holbrook Absent: Councilmember Katz Councilmember Zane moved to approve items 3, 4, 5, and 6 of the staff recommendation; Resolution No. 8187(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE CONSERVATION INCENTIVE FEE FOR THOSE WATER CUSTOMERS WHO DO NOT REPLACE EXISTING PLUMBING FIXTURES WITH ULTRA LOW FLOW TOILETS AND LOW FLOW SHOWERHEADSi" Resolution No. 8188 (CCS), entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE CITY'S WATER RATE STRUCTURE;u expenditure and revenue changes in Table 1; recommendations to the Rent Board regarding pass-through; direction to staff to investigate the viability of various options for the City and the region to decrease per capita water consumption; approval of the emergency water conservation plan included in the report; and direction to staff to prepare a plan for how the City will make similar reductions in its water use and return to Council at the second meeting in March. Second by Mayor Abdo. The motion was approved by the following vote: - 7 - ..jtl::> Council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, zane, Mayor Abdo Absent: Councilmember Katz 8-C: MORATORIUM/11TH STREET & ARIZONA AVENUE: Presented for introduction and adoption was an emergency ordinance to establish a 90-day moratorium on the acceptance of new applications for development projects on the 1200 block of 11th Street and 1107 through 1115 Arizona Avenue. Council asked questions of staff. Mayor Pro Tempore Genser moved to extend the meeting to 1:10 A.M. Second by Counci1member Olsen. The motion was approved, Councilmember Holbrook opposed, Councilmember Katz absent. At 12: 47 A.M., Mayor Abdo declared the public hearing open. Members of the public Joyce Jurin, Syd Jurin, Merritt Coleman, Bruce Cameron, and Susan Suntree spoke in support of the proposed ordinance and in support of the denial of demolition permits for any property on 11th street at least through March 18, 1991. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the public hearing at 12: 59 A.M. Council asked questions of staff. Mayor Pro Tempore Genser moved to introduce and adopt Ordinance No. 1572(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A MORATORIUM AND LIMITING DEVELOPMENT ON 11TH STREET BETWEEN WILSHIRE BOULEVARD AND ARIZONA AVENUE AND ON 1107 THROUGH 1115 ARIZONA AVENUE INCLUSIVE AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Counci1member Katz 8-D: COMPETITIVE CIVIL SERVICE EXAMINATIONS: The ordinance for introduction and first reading modifying section 2103C of the Santa Monica Municipal Code relating to competitive civil service examinations was continued to the meeting of March 5, 1991. 8-E: WAIVER OR REFUND OF BUSINESS LICENSE FEES: Presented was a staff report transmitting an ordinance for second reading and adoption adding Section 6015a to the Santa Monica Municipal Code to permit the waiver or refund of business license fees in certain circumstances. Mayor Pro Tempore Genser moved to adopt Ordinance No. 1573 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6015a TO THE SANTA MONICA MUNICIPAL CODE TO PERMIT THE WAIVER OR REFUND OF BUSINESS LICENSE FEES IN CERTAIN CIRCUMSTANCES," reading by title only and waiving further reading thereof. Second by councilmember Holbrook. The motion was approved by the following vote: - a - I I 366 council vote: Affirmative: Counci1members Vazquez, Zane Genser, Holbrook, Negative: Councilmember Olsen, Mayor Abdo Absent: Councilmember Katz Councilmember Zane moved to extend the meeting to 1: 12 A.M. Second by Councilmember Vazquez. The motion was unanimously approved, Councilmember Katz absent. 9-A: PROPOSITION R: The report from City Attorney regarding conceptual options to implement Proposition R was continued to the meeting of March 5, 1991. 9-B: CLOSED SESSION: Not held. 10-A: SIDEWALKS, DRIVEWAYS AND CURBS: The public hearing on assessment of costs to repair damaged sidewalks, driveways and curbs (SR-91-167/168) was continued to the meeting of March 5, 1991. 10-B: GUTTER CONSTRUCTION/STREET RESURFACING ASSESSMENTS: The public hearing on the confirmation of gutter construction and street resurfacing assessments on various City streets in conjunction with the 1988-89 street resurfacing program was continued to the meeting of March 5, 1991. 14-A: WAIVER OF RENTAL AND PARKING FEES/CIVIC AUDITORIUM: The request of Mayor Abdo to discuss waiver of rental and parking fees for the use of the civic Auditorium by the vietnam Veterans of America, Inc., from October 3, through October 6, 1991, was continued to the meeting of March 5, 1991. 15. PUBLIC INPUT: Member of the public Mark stern addressed Council. ADJOURNMENT: At 1:12 A.M., the meeting was adjourned to March 5, 1991, at 7:30 P.M., in memory of Marian G1inos and Zelmer George IIArkyll Morganthaler. ATTEST: ~~~; ...../}k{;U~ _._' (L/ Clarice E. Johns City Clerk APPROVED: ~d~ Judy Abdo Mayor - 9 -