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M-11/13/1990 I 294 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 13, 1990 A regular meeting of the Santa Monica city council was called to order by Mayor Zane at 7:30 P.M., on Tuesday, November 13, 1990, in the Council Chambers. Roll Call: Present: Councilmember Judy Abdo Mayor Pro Tempore David B. Finkel Councilmember Ken Genser Councilmember Herbert Katz (arrived at 7:40 P.M.) Councilmember William H. Jennings Mayor Dennis Zane Absent: Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Mayor Pro Tem Finkel led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 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 Tem Finkel moved to approve the Consent Calendar with the exception of Item 6-B, 6-D, 6-E, 6-L, and 6-0 reading resolutions and ordinances 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, Jennings, Mayor Zane Absent: Councilmembers Katz, Reed 6-A: MINUTES APPROVAL: The minutes of the City council meetings of October 9, October 16, and October 23, were approved as presented. 6-C: FINAL SUBDIVISION MAP /TRACT NO. 44117/TPC 104/933 17TH STREET: Resolution No. 8129(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 44117," was passed, approved, and adopted, thereby approving a 13-unit Tenant-Participating Conversion at 933 17th street. 6-F: FINAL SUBDIVISION MAP/TRACT NO. 48339/TPC 088/948 20TH STREET: Resolution No. 8114(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING - 1 - ,c,':;jj A FINAL SUBDIVISION MAP FOR TRACT NO. 48339," was adopted, thereby approving a 7-unit Tenant Participating Conversion project at 948 20th street. 6-G: FINAL SUBDIVISION MAP/TRACT NO. 49 0 57/CONDOMINIUMS/1871 10TH STREET: Resolution No. 8115 (CCS) entitled: t1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49057," was adopted, thereby approving a 5-unit condominium project at 1871 loth street. 6-H: FINAL SUBDIVISION MAP/TRACT NO. 21640!CONDOMINIUMS!1109- 1111 16TH STREET: Resolution No. 8116(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 21640, II was adopted, thereby approving a 4-unit condominium project at 1109-1111 16th Street. 6-1: FINAL SUBDIVISION MAP/TRACT NO. 19992/CONDOMINIUMS/2920 6TH STREET: Resolution No. 8117(CCS) entitled: UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 19992," was adopted, thereby approving a 3-unit condominium project at 2920 6th Street. 6-J: ANCHORAGE AND BRACING TO CITY HALL ROOF MOUNTED EQUIPMENT: Council awarded Contract No. 5624(CCS), a construction contract to Noel Tomberlin in the amount of $15,000 for the installation of anchorage and bracing for City Hall roof mounted equipment. 6-K: CAB & CHASSIS: Council awarded Bid No. 2312 to Altec Industries, Inc., in the amount of $40,472.13 for a new cab and chassis with 30' personnel lift for the Traffic Operation Division of the General Services Department. 6-M: SALARY RATE/ARBORIST: Resolution No. S11S(CCS) entitled: II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE CLASSIFICATION OF ARBORIST, II was adopted. 6-N: SALARY RATE/SENIOR PLANNER: Resolution No. 8119 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF SENIOR PLANNER," was adopted. 6-P: STATE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FUNDS: Resolution No. 8120(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PERTAINING TO AN APPLICATION FOR CALIFORNIA ENVIRONMENTAL ENHANCEMENT AND MITIGATION FUNDS was adopted. END OF CONSENT CALENDAR 6-B: STATEMENT OF OFFICIAL ACTION/APPEAL/DR470/VARIANCE ZA 5368-Y/EIR/EIA 887/2320 WILSHIRE BOULEVARD: Councilmember Jennings excused himself from the meeting due to a conflict of - 2 - I I 2960 interest. councilmember Genser moved to approve the Certification of statement of Official Action for the Appeal of the Kennedy-wilson/HSM Group Project, Development Review 470, Variance ZA 5368-Y (EIR 887) for the property located at 2320 Wilshire Boulevard, as amended by staff. Second by Mayor Pro Tem Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmerobers Abdo, Finkel, Genser, Mayor Zane Absent: councilmembers Jennings, Katz, Reed Councilmember Jennings returned to the meeting. 6-0: FINAL SUBDIVISION MAP/TRACT NO. 48900/TPC 098/757 OCEAN AVENUE: The resolution accepting and approving Final Subdivision Map No. 48900, TPC 098, for a 51-unit tenantparticipating project located at 757 Ocean Avenue was withdrawn at the request of staff. 6-E: FINAL SUBDIVISION MAP/TRACT NO. 49l93/TPC 104/229 BICKNELL AVENUE: The resolution accepting and approving Final Subdivision Map for Tract No. 49193, TPC 104, for a 27-unit tenant-participating conversion proj ect located at 229 Bicknell Avenue was withdrawn at the request of staff. 6-L: REFUSE BINS: Presented was a staff report recommending direction to the Ci ty Attorney to prepare an ordinance establishing fees for properties that store refuse bins on City property. Member of the public Joy Fuller expressed her concerns. councilmember Genser moved to direct the City Attorney to prepare an ordinance establishing fees for property owners who use City property to store refuse containers. Second by Mayor Pro Tem Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: Councilmember Reed 6-0: SB821/BIKE LANE/4TH STREET: Presented was a staff report recommending approval of a resolution approving the application for bicycle and/or pedestrian funds under SB 821, for the installation of a bike lane on 4th Street between Wilshire Boulevard and San Vicente Boulevard and the installation of public bicycle storage racks at various locations in the City. Council asked questions of staff. Members of the public Allen Zahner and Coco Reynolds spoke in opposition to a bike lane on 4th Street in favor of 6th Street. Member of the public Joy Fullmer expressed her concerns. Discussion was held. Councilmember Genser moved to approve Resolution No. 8130 (CCS) enti tIed: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE INSTALLATION OF A BIKE LANE ON 4TH STREET BETWEEN WILSHIRE BOULEVARD AND SAN VICENTE BOULEVARD AND THE INSTALLATION OF PUBLIC BICYCLE STORAGE RACKS AT VARIOUS LOCATIONS - 3 - L.':JI IN THE CITY," reading by title only and walvlng further reading thereof, and request staff to explore alternatives to 4th street, specifically including, but not necessarily limited to, 6th Street between wilshire and Montana, and also request staff to explore the City's ability to amend the application with SCAG and to report back on both items. Second by Mayor Pro Tem Finkel. Discussion was held. The motion was approved by the following vote: Negative: Absent: Councilmember Katz I Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Councilmember Reed 8-A: THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT: Councilmember Genser moved to adopt Ordinance No. 1557 CCCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 6A TO ARTICLE IX 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," reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: councilmember Reed Councilmember Genser moved to reconsider action on Item a-A above. The motion died for lack of a second. B-B: BUSINESS LICENSE TAX: Presented was a staff report transmitting an ordinance for second reading and adoption amending Ordinance No. 960(CCS) to change the additional business license tax levied in the Montana Avenue Business Improvement District. councilmember Genser moved to adopt Ordinance No. 1558 (CCS ) entitled: II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 960(CCS) TO CHANGE THE ADDITIONAL BUSINESS LICENSE TAX LEVIED IN THE MONTANA AVENUE BUSINESS IMPROVEMENT DISTRICT,u reading by title only and waiving further reading thereof. Second by councilmember Katz. The motion was approved by the following vote: Absent: Councilmember Reed Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane 8-C: INTERIM OFFICIAL DISTRICTING MAP: Transmitted was an ordinance for second reading and adoption amending the Interim Official Districting Map; Zone Change Amendment 34; 1548 9th street. Councilmember Katz moved to adopt Ordinance No. 1559 CCCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE - 4 - I i:Jl:l CITY OF SANTA MONICA ADOPTING ZONE CHANGE AMENDMENT 34 TO AMEND THE INTERIM OFFICIAL DISTRICTING MAP," reading by title only and waiving further reading thereof. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: Councilmember Reed II-A: PREFERENTIAL PARKING ZONES: Presented was a staff report recommending direction to the City Attorney to prepare an ordinance establishing preferential parking zones for the following locations: California Avenue between 17th street and 20th street; pine street and Maple Street between Lincoln Boulevard and Pearl Street; 29th Street between Ocean Park Boulevard and Pearl Street; 21st street and 22nd street between Wilshire Boulevard and California Avenue; and Franklin Street between Wilshire Boulevard and Arizona Avenue. Council asked questions of staff. Members of the public Carmen Casillas, Richard Grossman, Mark Brodka, Jerome Goldman, Barbara Reppert, and Elizabeth wilhan spoke in support of preferential parking. Member of the public Joy Fullmer expressed her concerns. Member of the PUblic Bob Greidenberg spoke in opposition to preferential parking. Councilmember Abdo moved to direct the City Attorney to prepare ordinances to establish preferential parking zones as outlined in the staff report and direct the Planning staff to conduct an environmental evaluation of the proposed zones. Second by Councilmember Genser. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Negative: Councilmember Katz Absent: councilmember Reed Councilmember Katz requested that the record reflect that he voted uno" on this proposal because preferential parking zones usually extends the problem to surrounding streets. Il-B: CLOSED SESSION: Not held. At 9:00 P.M., Council adjourned for a short recess. At 9:21 P.M., Council reconvened with all members present. 12-A: APPEAL/CUP 90-015/RESTAURANT-BAR-DANCE HALL-BILLIARDS CLUB!1431 THIRD STREET PROMENADE: Presented was an appeal of two Planning Commission Conditions of Approval and an appeal of a Planning Commission Approval of Conditional Use Permit 90-015 to allow a Restaurant/Bar/Dance Hall/Billiards Club in an existing building at 1431 Third street Promenade. Applicant: Albert Mizrahi. Appellant: Hanna Hartnell and Albert Mizrahi. Council asked questions of staff. Appellant Hanna Hartnell addressed Council in support of the neighbor I s appeal relating to the 5 November 13, 1991 L.':::J':::J effects of noise generated from the dance area located adjacent to the neighbor's workplace/residence on the second floor of the adj acent building. council asked questions of Ks. Hartnell. Allan Albala, speaking on behalf of the Appellant/Applicant, spoke in support of the appeal. Council asked questions of Mr. Albala. Council asked questions of Don Bruckman, architect for the project. Carl Sovani, Paul Veneklasen & Associates, acoustical consultants for Appellant/Applicant, addressed Council I in support of the appeal. Council asked questions of Mr. Sovani. Member of the public Tom Carroll spoke in support of the applicant's appeal. council asked questions of Mr. Carroll. Neighbor/Appellant Hanna Hartnell rebutted statements made by Applicant/Appellant. Applicant/Appellant rebutted statements made by Neighbor/Appellant. Council asked questions of Applicant/Appellant. Discussion was held. Councilme!t\ber Katz moved to approve the modified staff recommenda~ion with the concept of access for the handicapped to be studied to accommodate access from both the front and the rear through a hallway and signing indicating elevator located in rear. Second by Councilmeltlber Genser. Discussion was held. Councilmember Katz moved to extend the meeting to 11:30 P.M. Second by Councilmember Genser. The motion was approved, councilmember Jennings opposed, Councilme-mber Reed absent. The motion was approved by the fOllowing vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: Councilmember Reed By virtue of the above action, council upheld the Planning Commission approval of Conditional Use Permit 90-015 with the findings and conditions contained in the April 18, 1990, Planning Commission Statement of Official Action, with the deletion of alcohol outlet conditions #5 and special Conditions #4 and 15 in the Statement of Official Action and with new conditions as follows: 1. Alcoholic beverages may be served between the hours of 10:00 A.M. to 12:00 A.M., Sunday through Thursday, and from 10:00 A.M. to 2:00 A.M. on Friday and Saturday. 2. The number of approved seats for the project shall be as follows: a 48-seat restaurant and a 24 fixed-seat bar. 3. The dance floor shall be eliminated. The dance floor area may remain as rentable space for special functions; the nature of any music generated from such use shall be within recommended limits set forth in these conditions. special functions which utilize amplified music shall not exceed two per month if conducted after 9:00 P.M. 4. A maximum noise level limit of 95 dBA in the BilliardClub shall be established. The applicant shall demonstrate to the city that the building envelope will achieve a 60 STC rating through an actual field testafter seismic upgrade of the building. The 6 November 13, 1991 I 300 conditions of the test shall be that the residence windows shall be open and that the windows on the Billiard Club side shall be closed. The City shall have the right to test noise levels at any time at any location in the Billiard Club and that such levels are not to exceed 95 dBA. 5. All windows of the Billiard Club are to remain closed during operating hours of the establishment so as not to have adverse impacts on the neighboring residence or general pUblic. 14-A: COMMISSION ON THE STATUS OF WOMEN: Mayor Pro Tempore Finkel moved to continue the appointment of a member to the Commission on the status of Women to the meeting of December II, 1990 . Second by Councilmernber Ganser. The motion was unanimously approved, Counci1member Reed absent. 14-B: RESIGNATION/PETER NORTON/ARTS COMMISSION AND FOUNDATION: Mayor Pro Tem Finkel moved to table this item. Second by Mayor Zane. The motion was unanimously approved, Councilmember Reed absent. ADJOURNMENT: At 11:10 P.M., the meeting was adjourned in memory of the dedicated service of Mayor Pro Tempore Finkel and councilmember Jennings, the two members in attendance this evening for their last regular meeting. ATTEST: ~ Clarice E. City Clerk APPROVED: [)-'>}')1~ Dennis Zane Mayor 7 November 13, 1991