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M-10/9/1990 I 264 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 9, 1990 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:32 P.M., on Tuesday, October 9, 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 (arrived at 7:46 P.M.) Councilmember Herbert Katz (arrived at 7:40 P.M.) Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen councilmember Reed led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: AIDS AWARENESS MONTH: Mayor Zane presented a proclamation proclaiming the month of October as AIDS Awareness Month. 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. councilmember Genser moved to approve the Consent Calendar with the exception of Items 6-Q, 6-S, and 6-U, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The city council Minutes of September 18, 1990, were approved. 6-B: DISTRICTING MAP AMENDMENT: Ordinance No. l549(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING DISTRICTING MAP AMENDMENT 90-002 TO AMEND THE INTERIM OFFICIAL DISTRICTING MAP," was adopted. 6-C: PREFERENTIAL PARKING ZONE N: Ordinance No. 1550(CCS) entitled: flAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238N TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE N," was adopted. 1 October 9, 1990 "::b:' 6-0: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8097 (CCS) entitled: "A 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-90-165)," was adopted thereby setting a public hearing for December 11, 1990. 6-E: HANDICAPPED PARKING ZONE: Resolution No. B09B(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 514 PIER AVENUE," was adopted. 6-F: VIDEO TRAINING/PRODUCTION COORDINATOR: Resolution No. 8099 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF VIDEO TRAINING/PRODUCTION COORDINATOR," was adopted. 6-G: ROOF INSTALLATION/6l2 COLORADO AVENUE: Contract No. 5605 (CCS) was awarded to J. Cab & Sons Roofing, Inc., in the amount of $47,865 for the installation of a new roof at 612 Colorado Avenue. 6-H: IMPROVEMENTS/MOUNT OLIVETTE RESERVOIR: Contract No. 5606 (CCS) was awarded to Thomsen Landscape in the amount of $225,711 for the demolition, grading, landscaping and miscellaneous improvements to the Mount Olivette Reservoir site. 6-1: CIVIC AUDITORIUM PARKING LOT: Contract No. 5607(CCS) was awarded to Martec Controls Systems Corporation in the amount of $131,893 for modification of and new equipment for the Civic AUditorium parking Lot. 6-J: DRY' CAUSTIC SODA: Bid No. 2292 was awarded to Jones Chemicals, Inc. at specified unit prices for dry caustic soda for the Water Division, General Services Department. 6-K: ARCADE BUILDING/SANTA MONICA PIER: Resolution No. 8100 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE TIME PERIOD FOR EXERCISING A CERTIFICATE OF APPROPRIATENESS PERMITTING THE CONSTRUCTION OF A NEW ARCADE BUILDING TO BE LOCATED AT 350 SANTA MONICA PIER," was adopted. 6-L: FINAL SUBDIVISION MAP/TRACT NO. 47877/CONDOMINIUMS/l139 YALE STREET: Resolution No. 8101(CCS) entitled: "A RESOLUTION I OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47877," was adopted thereby approving a 6-unit condominium project at 1139 Yale street. _ 6-M: FINAL SUBDIVISION MAP/TRACT NO. 48889/CONDOMINIUMS/811 21ST STREET: Resolution No. 8102(CCS) entitled: "A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48889," was adopted thereby approving a 6-unit condominium project at 811 21st street. 2 October 9, 1990 I 266 6-N: FINAL SUBDIVISION MAP/TRACT NO. 48887/CONDOMINIUMS/807 21ST STREET: Resolution No. 8103 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48887,t1 was adopted thereby approving a 6-unit condominium project at 807 21st street. 6-0: FINAL SUBDIVISION MAP/TRACT NO. 49066/CONDOMINIUMS/1749 12TH STREET: Resolution No. 8104 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49066," was adopted thereby approving a 6-unit condominium project at 1749 12th Street. 6-P: NATIONAL LEAGUE OF CITIES/ANNUAL CONGRESS OF CITIES: Council authorized the submittal of renewable energy resources, water conservation, and homelessness resolutions to the National League of cities for consideration at the Annual Congress of cities. 6-R: ARCADIA WATER TREATMENT PLANT: Contract No. 5609(CCS) was awarded to Margate Construction, Inc., in the amount of $2,629,600 for the expansion of the Arcadia Water Treatment Plant and the low bid was rejected due to a significant omission. 6-T: INDUSTRIAL WASTEWATER CONTROL PROGRAM: Council directed the City Attorney to amend the Santa Monica Municipal Code relating to the city's Industrial Wastewater Control Program. 6-V: LOS ANGELES COUNTY BOARD OF SUPERVISORS: Resolution No. 8106 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RECOMMENDING THAT THE COUNTY OF LOS ANGELES BOARD OF SUPERVISORS BE INCREASED FROM FIVE TO SEVEN MEMBERS," was adopted. END OF CONSENT CALENDAR 6-Q: SOURCE REDUCTION AND RECYCLING ELEMENT: Presented was a staff report transmitting a recommendation that Council authorize the ci ty Manager to negotiate and execute a contract for the professional services of Resource Integration Systems (RIS) for assistance in the preparation of a Source Reduction and Recycling Element required by Assembly Bill 939. Council asked questions of staff. Councilmember Reed moved to approve Contract No. 5608(CCS) with Resource Integration Systems for preparation of a Source Reduction and Recycling Element to comply with AB939. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 6-S: GROUNDWATER STUDY: Presented was a staff report recommending that Council authorize the City Manager to negotiate and execute a joint agreement with the West Basin Metropolitan 3 October 9, 1990 267 Water District and Metropolitan Water District for a groundwater study and if execution is approved, authorizing the city Manager to negotiate and execute a professional services agreement for preparation of the groundwater study of the Charnock Sub-basin. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Reed moved to authorize the City Manager to negotiate and execute Contract No. 5610 (CCS), a joint agreement with the West Basin Metropolitan water District and the Metropolitan Water District for a proposed groundwater study and upon execution of said j oint agreement, authorize the City Manager to negotiate and execute a professional services agreement for preparation of a groundwater study of the Charnock Sub-basin. Second by Councilmember Katz. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 7-0 6-U: GENERAL MUNICIPAL ELECTION: Presented was a staff report recommending the adoption of a resolution ordering the canvass of the General Municipal Election of November 6, 1990. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Katz moved to adopt Resolution No. 8105 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1990, BE MADE BY THE CITY CLERK," reading by ti tIe only and waiving further reading thereof. Second by Councilmemher Reed. The motion was approved by the following vote: council vote: Unanimously approved 7-0 ~ 7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report acknowledging the receipt of one letter of protest and recommending the adoption of a resolution confirming the assessment of fees for the repairs of sidewalks, driveways, and curbs. Council asked questions of staff. At 8:00 P.M., Mayor Zane declared the public hearing opened. There being no one wishing to speak, Mayor Zane closed the public hearing. Councilmember Reed moved to acknowledge the letter of protest and adopt Resolution No. 8107 (eCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-90-l64), II reading by title only and waiving further reading thereof, with the amendment that staff be directed to monitor the condition of the sidewalk at I 1538 Yale to ensure that it not degrade further and to repair the sidewalk if it does. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz 4 october 9, 1990 I lblj councilmember Katz requested that the record reflect that he did not vote on this item due to a possible conflict of interest as one of his clients is being assessed. 7-B: UNDERGROUND UTILITIES: Presented was a staff report recommending adoption of a resolution designating Olympic Boulevard eastbound between Fourth street and Lincoln Boulevard and Olympic Place south between Fourth Court and Fifth Street an underground utility district and ordering the underground installation of all utilities. Mayor Zane declared the public hearing opened. There being no one wishing to speak, Mayor Zane closed the public hearing. Councilmember Katz moved to adopt Resolution No. 8108 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC NECESSITY, HEALTH, SAFETY, AND WELFARE REQUIRES, WITHIN A CERTAIN DESIGNATED AREA, THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES SUPPLYING ELECTRIC SERVICES, AND DESIGNATING SUCH CERTAIN AREA AN UNDERGROUND UTILITY DISTRICT AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN SUCH DISTRICT AND THE UNDERGROUND INSTALLATION OF SUCH WIRES AND FACILITIES, II reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: council vote: Unanimously approved 7-0 8-A: LANDSCAPE AREA/COMMERCIAL DISTRICT: Presented was a staff report transmitting an ordinance for introduction and first reading amending Municipal Code Section 9041.6 of the Zoning Ordinance regarding landscape area for building si tes in the Commercial District. Council asked questions of staff. At 8:12 P.M., Mayor Zane declared the public hearing opened. Member of the public Joy Fullmer expressed her concerns. Member of the public Paul Rosenstein spoke in support of the proposed ordinance. Mayor Zane closed the public hearing at 8: 17 P.M. councilmember Katz moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9041.6 TO ALLOW THE CONSTRUCTION OF BUILDINGS ON THE STREET PROPERTY LINE FOR THE FIRST TWO FLOORS, II reading by title only and waiving further reading thereof. Second by councilmember Genser. Councilmember Katz moved to amend his motion to clarify that ARB can modify the setbacks up as well as down. The motion was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-B: HAZARDOUS MATERIALS: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 5500, 5501, 5502, 5503, 5504, 5505, 5507, 5509, 5510, 5515, and 5517 and adding sections 5510.1 and 5521 to the Santa Monica Municipal Code relating to Hazardous Material Release Response Plans and Inventory. Councilmember Katz moved to introduce for first reading an ordinance entitled: !tAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 5 October 9, 1990 269 AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 5500, 5501, 5502, 5503, 5504, 5505, 5507, 5509, 5510, 5515, AND 5517 AND ADDING SECTIONS 5510.1 AND 5521 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO HAZARDOUS MATERIAL RELEASE RESPONSE PLANS AND INVENTORY," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-C: TROPICAL RAINFOREST WOOD: Presented was an ordinance for introduction and first reading adding Chapter SA to the Santa Monica Municipal Code to prohibit the City's purchase and use of any tropical rainforest wood product and to require the posting of signs by businesses selling tropical rainforest wood products. Council asked questions of staff. At 8:30 P.M., Mayor Zane declared the public hearing opened. Member of the public Joy Fullmer expressed her concerns. Mayor Zane closed the pUblic hearing at 8:32 P.M. Mayor Pro Tempore Finkel moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5A TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE CITY'S PURCHASE AND USE OF ANY TROPICAL RAINFOREST WOOD PRODUCT," reading by ti tIe only and waiving further reading thereof. Second by Councilmember Genser. Discussion was held. Councilmember Reed moved to amend the motion to delete the notice provision. The motion died for lack of a second. Discussion was held. Councilmember Jennings moved to amend the motion to require two separate signs for those businesses which may sell tropical hardwood and those businesses which do sell tropical hardwood. The motion was accepted as friendly. Discussion was held. Councilmember Katz moved a substitute motion to introduce the above ordinance without the posting requirement, notify affected business owners of Council's intent, and return in 9o-days, the second meeting in January, to consider the posting of signs. Second by Councilmember Reed. Discussion was held. The substitute motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Katz, Reed, Mayor Zane Negative: Councilmembers Jennings Finkel, Genser, Councilmember Genser requested that the record reflect that he voted "no" on this item because he favors a stronger ordinance which requires posting at points of sale. 8-D: POSTING AGENDAS: Presented was an ordinance for introduction and first reading adding Chapter lA to Article I of the Santa Monica Municipal Code relating to the posting of agenda notices. Council asked questions of staff. At 9:02 P.M., Mayor Zane declared the pUblic hearing opened. Member of the pUblic Joy Fullmer expressed her concerns. Mayor Zane closed the public hearing at 9:04 P.M. Councilmember Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY 6 October 9, 1990 I I 270 COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER ~ TO ARTICLE I OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE POSTING OF AGENDA NOTICES," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Absent: Councilmembers Katz, Reed At 9: 00 P. M., council adj ourned for a short recess. P.M., council reconvened with all members present. At 9: 16 8-E: CITY COUNCIL VOTES: Presented was an ordinance for adoption and second reading adding section 1330 to the Santa Monica Municipal Code relating to votes by the City Council that do not obtain a majority. Councilmember Katz moved to adopt Ordinance No. 1551 (CCS) entitled: "AN 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. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Negative: Councilmember Genser 8-F: CHARTER REVIEW COMMISSION: Presented was an ordinance for adoption and second reading adding Chapter 9A to Article II of the Santa Monica Municipal Code to create a Charter Review Commission. Councilmember Genser moved to adopt Ordinance No. 1552 (CCS) enti tIed: II 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. Second by councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-G: THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT: The 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 was continued to the meeting of October 16, 1990. 10-A: ARTS COMMISSION/CHAIN REACTION: Presented was a staff report transmitting the recommendation of the Arts Commission to authorize the City Manager to negotiate and execute a contract with Paul Conrad to install a sculpture entitled "Chain Reaction" in the Civic Center area. Council asked questions of staff. members of the public Jason MeiSler, Bob Gabriel, Polly 7 October 9, 1990 271 Benson-Brown, and Donna Alvarez spoke in opposition to the sculpture. Members of the public Karl Arnold, Jack Tenner, Paul Rosenstein, William Wilson, Paul Leaf, Marti Maniates, and Roger Genser spoke in support of the sculpture. Councilmember Genser moved to hear late speakers. Second by Councilmember Katz. The motion was unanimously approved. Member of the public Lindsay Shields spoke in support of the sculpture. Member of the public Joy Fullmer expressed her concerns. Council asked questions of I staff. Mayor Pro Tempore Finkel moved to accept the recommendation of the Arts Commission to install a sculpture entitled "Chain Reactionn in the Civic Center area. Second by Councilmember Genser. Discussion was held. Councilmember Katz moved a substitute motion to remand this item to the Arts Commission for more accurate public review. Second by Councilmember Reed. Discussion was held. The substitute motion failed by the following vote: council vote: Affirmative: Councilmembers Katz, Reed Negative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane The main motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings Negative: Councilmembers Katz, Reed, Mayor Zane Councilmember Katz requested that the record reflect that he voted "no" on this item as he does not feel that city Councilmembers should make a decision on art and feels that when the Arts commission elicits public opinion that it should monitor it closely and the public opinion should be honored if it provides an adequate cross-section. Councilmember Katz was excused from the meeting at 10:30 P.M. ll-A: FAR STANDARDS IN C3 DISTRICT/PERFORMANCE STANDARDS FOR RESIDENTIAL UNITS IN COMMERCIAL ZONES: Presented was a staff report recommending direction to the City Attorney to prepare an ordinance approving Text Amendment 89-001 to facilitate housing development in the commercial areas of the City. Applicant: Community Corporation of Santa Monica (CCSM). Member of the public Joy Fullmer expressed her concerns. Members of the public Dan Kingsley and Kathy Weremick spoke in support of the staff recommendation. Council asked questions of staff. Councilmember Genser moved to approve the amendments with findings and direct the City Attorney to prepare an ordinance amending the relevant sections of the Zoning Ordinance. Second by councilmember Abdo. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane 8 October 9, 1990 I 272 Absent: councilmember Katz 11-B: LINCOLN/ASHLAND PROJECT: Presented was a staff report recommending the approval of the purchase of 2827 Lincoln/827 Ashland Avenue with citywide Housing Trust Fund dollars and to enter into related agreements (Lincoln/Ashland Project). Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Member of the public Hank Koning spoke in support of the proposed project. Councilmember Genser moved to 1) approve a one-time waiver of the Citywide Housing Trust Fund program guidelines for the Lincoln/Ashland project to enable the City to use the funds directly for property acquisition, 2) authorize the City Manager to negotiate and enter into a loan agreement and other documents, as required, with McDonalds corporation and with the state of California (CCSM will execute the same loan documents as co-borrower, 3) authorize the city Manager to negotiate and enter into a Property Disposition Agreement, along the lines outlined in the staff report with CCSM to develop 45 units of affordable housing and related commercial space, and 4) authorize the City Manager to proceed with necessary action to draw Citywide Housing Trust Fund monies for this purpose~ thereby approving Contract Nos. 5611(CCS), 5612 (CCS) and 5613 (CCS) . Second by Councilmember Reed. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz Councilmember Reed moved to continue Item 13-B and all "14" items to the meeting of October 16, 1990, to be heard as "5" items. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved, Councilmember Katz absent. Mayor Zane moved to continue Item 13-A to October 16, 1990, as a "5" item. Second by Councilmember Genser. The motion was approved, Councilmember Reed opposed, Councilmember Katz absent. 12-A: RECONSIDERATION OF APPEAL/CUP 90-005/CONDOMINIUMS/1405 OCEAN PARK BOULEVARD: Presented was a reconsideration of an appeal of a Planning Commission condition of approval for Conditional Use Permit 90-005 to allow a five-unit condominium at 1405 Ocean Park Boulevard. Applicant: Selivestr Savarovsky. Appellant: Selivestr Savarovsky. Appellant: 2525 14th Street Homeowners Association. Council asked questions of staff. Mayor Pro Tempore Finkel moved to extend the meeting to 12: 00 A.M. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Katz absent. Councilmember Ganser moved to hear from members of the public. The motion died for lack of a second. Mayor Pro Tempore Finkel moved to set aside the Planning commission decision on the original item and remand the matter to the Planning Commission for future consideration of the neWly-submitted plans. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: 9 October 9, 1990 273 Council vote: Affirmative: councilmembers Abdo, Finkel, Reed, Mayor Zane Negative: Councilmember Genser Abstain: Councilmember Jennings Absent: Councilmember Katz councilmember Jennings requested that the record reflect that he abstained from voting on this item because he was not in attendance at the public hearing. ......... 12-B: APPEAL/CUP 90-048/VESTING TENTATIVE PARCEL MAP 22393/CONDOMINIUMS/2226 6TH STREET: Presented was an appeal of Planning Commission approval of Conditional Use Permit 90-048, Vesting Tentative Parcel Map 22393, 2226 6th Street, to allow the construction of a three-unit residential building (3-unit condominium) on a 5600 square foot parcel in the OP-2 (Ocean Park Low Multiple Residential) District. Applicant: John S. Given. Appellant: Thomas Raichel. council asked questions of staff. Appellant Tom Raichel addressed Council in support of the project; however, requested that council utilize this opportunity to direct Planning Department staff to define the OP-2 ordinance with regard to the number of stories. Applicant John Given addressed Council in support of the project. Hank Koning, archi tect, addressed Council in support of the proj ect. Councilmember Abdo moved to deny the appeal and uphold the Planning Commission decision. Second by Councilmember Genser. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz councilmember Genser moved to hear Item 15 at this time. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved, Councilmember Katz absent. 15. PUBLIC INPUT: Member of the public Konrad Rucker addressed Council regarding problems at Santa Monica High School. Councilmember Jennings moved to extend the meeting to 12:10 A.M. Second by Mayor Zane. The motion was unanimously approved, Councilmember Katz absent. 13-A: LINDA ROSS/JAY DOUGHERTY/JOSEPH WEBBER: The request of Linda M. Ross, Jay Dougherty, and Joseph Webber to address Council regarding the College Parking structures project was continued to the meeting of October 16, 1990, as a "5" item. 13-8: JOHN LEDDY: The request of John Leddy to address council regarding a resolution for peace in the Middle East was continued to the meeting of October 16, 1990, as a "5" item. 10 October 9, 1990 I I 274 ~4-A: FAX MACHINES: discuss the potential machines was continued "5" item. The request of Councilmember Katz to of furnishing of Councilmembers with FAX to the meeting of October 16, 1990, as a 24-B: ARTS COMMISSION RESIGNATIONS: The acceptance of letters of resignation of Tim Miller and Philip Glusker from the Arts commission and authorization to the City Clerk to publish a notice of vacancy was continued to the meeting of October 16, 1990, as a US" item. 14-C: BOARD OF DIRECTORS/PIER RESTORATION authorization to the city Clerk to publish vacancies for the Pier Restoration corporation for terms expiring November 13, 1990, was 1 . . meet1.ng of October 16, 1990, as a "5" l.tem. CORPORATION: The annual notice of Board of Directors continued to the 14-D: MOSQUITO ABATEMENT DISTRICT: Clerk to publish tri-annual notice Abatement District was continued to 1990, as a usu item. Authorization to the City of vacancy on the Mosquito the meeting of October 16, 14-E: IDLING OF VEHICLE ENGINES: The request of Councilmember Genser to discuss direction to staff to investigate the feasibility of an ordinance to prohibit the idling of vehicle engines for an excessive period of time was continued to the meeting of October 16, 1990, as a "5" item. 14-F: PEACE MONUMENT: The request of Mayor Zane to discuss the creation of a Peace Monument in Santa Monica was continued to the meeting of October l6, 1990, as a 115" item. 14-G: PARKING METER CHARGES: The request of Councilmember Katz to discuss reconsideration of the all-day parking meter charges on Sundays in the downtown area was continued to the meeting of October 16, 1990, as a "5" item. 14-H: NUCLEAR TEST BAN TREATY: The request of Mayor Pro Tempore Finkel to discuss a resolution supporting an expansion of Nuclear Test Ban Treaty was continued to the meeting of October 16, 1990, as a U511 item. CLOSED SESSION: At 11: 40 P.M., council adjourned to Closed Session for the purpose of discussing pending litigation. At 12: 20 A.M., Council reconvened, Councilmembers Genser and Katz absent. Mayor Pro Tempore Finkel moved to approve a settlement in the amount of $45,000 in the case of Glaser v. the city of Santa Monica, Santa Monica Superior Court Case No. WEe 144 908. Second by Councilmember Jennings. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Finkel, 11 October 9, 1990 275 Absent: Councilmembers Genser, Katz Mayor Pro Tempore Finkel moved to approve a settlement in the amount of $57,645 in the case of Benco v. the City of Santa Monica, et al., Los Angeles Superior Court Case No. C 432 696. Second by Councilmember Reed. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Finkel, Absent: Councilmembers Genser, Katz ADJOURNMENT: At 12:20 A.M., the meeting was adjourned in memory of Joel Mejia. ATTEST: ~ Clarice E. Joh city Clerk APPROVED: '\, 0J Y VS:.l---j J (g;~ Dennis z~e Mayor 12 October 9, 1990 I