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M-7/21/1992 327 CITY OF SANTA MONICA CITY COUNCIL MINUTES I JULY 21, 1992 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Genser at 7:40 P.M. on Tuesday, July 21, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Kelly Olsen Councilmember Antonio Vazquez (present at 7:47 P.M.) Absent: Councilmember Herbert Katz Councilmember Dennis Zane Also Present: City Manager John Jalili city Attorney Robert M. Myers City Clerk Clarice E. Dykhouse Mayor Pro Tempore Abdo 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, I whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Holbrook moved to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Holbrook, Olsen, Mayor Genser Absent: Councilmembers Katz, Vazquez, Zane 6-A: MINUTES APPROVAL: The City council minutes of June 30, 1992, were approved as submitted. 6-P: FINAL SUBDIVISION MAP/TRACT NO. 50976/TPC-181/950 6TH STREET: Resolution No. 8441(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50976 FOR A PROJECT AT 950 6TH STREET, II was adopted, thereby approving a 7-unit tenant-participating conversion project at 950 6th street. 6-Q: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/TEXT AMENDMENT 90-004/DRIVE-THROUGH SERVICE AT EXISTING FAST FOOD I ESTABLISHMENTS: The certification of statement of Official Action for Text Amendment 90-004, C3 District to conditionally 1 July 21, 1992 328 permit drive-through service at existing fast food establishments in the C3 (Downtown Commercial) District was approved. II END OF CONSENT CALENDAR 8-0: EXEMPTION OF CERTAIN NON-PROFIT THEATRE FACILITIES/CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT: Presented was an ordinance for introduction and first reading exempting certain non-profit theatre facilities from Ordinance No. 1634 (CCS), the Citywide moratorium on nonresidential and hotel development. At 7:42 P.M., Mayor Genser declared the pUblic hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Genser closed the public hearing at 7:44 P.M. Councilmember Holbrook moved to introduce for first reading an ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXEMPTING CERTAIN NONPROFIT THEATRE FACILITIES FROM ORDINANCE NUMBER 1634 (CCS) , tI reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: II I Council vote: Affirmative: councilmembers Olsen, Holbrook, Abdo, Mayor Genser Absent: Councilmembers Katz, Vazquez, Zane 8-E: NOISE ELEMENT: Presented was the ordinance for introduction and first reading amending Article IV, Chapter 3A implementing the Noise Element, approval of the negative declaration and a resolution of intention adopting the proposed Noise Element. Councilmember Vazquez reported present at 7: 47 P.M. Council asked questions of staff. At 8:25 P.M., Mayor Genser declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Executive Director of the Pier Restoration Corporation John Gilchrist urged that the pier be exempted from the provisions of the ordinance addressing amplified music. Member of the public Merritt Coleman expressed concern regarding car alarms and leaf blowers. Member of the public Russ Barnard expressed concern regarding exterior mechanical equipment. Member of the public Doug Lowe requested an exemption from the provisions of the ordinance for owner, tenant, or owner-builder remodels. Member of the public Beverly Collins complained about noise from construction and the freeway. Member of the public steven Corry complained about a noisy restaurant abutting a residential zone. Member of the public Herman Rosenstein complained about noise in the evening at the medical building on the corner of Yale and Wilshire. Member of the public Oick Hingson spoke in support of noise regulation and suggested the inclusion of Martin Luther King, Jr. Day and Presidents' Day to the list of holidays to be observed in this ordinance. Mayor Genser closed the public hearing at 9:05 P.M. Mayor Pro Tempore Abdo moved to introduce the ordinance for first reading by title only with amendments. Second by Councilmember Holbrook. Mayor Pro Tempore Abdo moved to amend the motion to include the following changes: 1) language as suggested by the City Attorney with regard to noisy animals as follows: "No person shall permit or allow any animal under his or her 2 July 21, 1992 329 ownership, custody, or control to bark, yell, or cry for more than five minutes in anyone hour i" 2) change using the word II churches " to "places of worshipi II 3) exempt the Pier from I SECTION 4316 by adding subsection (d) to read as follows: "This section shall not apply to any establishment on the Pieri" 4) in SECTION 4314 require a list of equipment which will be used on a project to be submitted prior to issuance of the building permit for all development projectsi 5) change the language in SECTION 4316(a), first sentence, to read, "AIl entrances and exits other than those which are solely emergency exits... II and change the language in SECTION 4316(b), first sentence, to read, "Entrances and exits other than those which are solely emergency exits...i" 6) correct SECTION 4318(b) (1), third line, to read, "...days or, as provided in SECTION 4318(b}(2), may revoke...:" 7) add wording to the end of SECTION 4315 (b) to read, II... or placed indoors which may emit any noise that can be heard outdoors." and strike the first sentence in SECTION 4315(b). The motion was accepted as friendly. Discussion was held. Mayor Genser moved to amend the motion to change the last word in SECTION 4310 (b), tenth line, from "or" to "and". The motion was accepted as friendly. Mayor Genser moved to amend the motion to change the language on page 19, SECTION 4314(d), second sentence, to read: "The person Obtaining the permit shall provide notification on a form approved by the City to persons occupying... Such notice shall provide information as to how to comment to city staff with regard to the application prior to a decision being made." There should also be parallel language with regard to the issue of hours of demolition and also the language with regard to appeals I in both sections should be removed. The motion was accepted as friendly. Mayor Genser moved to include new SECTION 4322 to read as follows: "No person shall engage in any gardening or landscaping activities by use of any internal combustion, motorized, or electromechanical means during the following times anywhere in the city..." and then the construction limitations of SECTION 4314 are re-stated, deleting (3) and (4) and renumbering (5) to (3), and (2) to read, "Between 9:00 A.M. and 5:00 P.M. on Saturday, Sunday, or all day on New Years Day t Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day, as those days have been established by the united States of America. The motion was accepted as friendly. Mayor Genser moved to delete the words, ", or mixed use" from the last line of SECTION 4316 (a) . The motion was accepted as friendly. It was the consensus of Council to change the hours reflected in SECTION 4314 to after 8:00 P.M. in both SECTION 4314(a) (1) and 4314(a) (2). Discussion was held. Mayor Pro Tempore Abdo moved to approve the proposed Negative Declaration. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Holbrook, Olsen, Vazquez, Mayor Genser Absent: councilmembers Katz, Zane I 3 July 21, 1992 I I I 330 Mayor Pro Tempore Abdo moved to adopt Resolution No. 8442 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE NOISE ELEMENT OF THE GENERAL PLAN," reading by title only and waiving further reading thereof. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Holbrook, Olsen, Vazquez, Mayor Genser Absent: councilmembers Katz, Zane The main motion to introduce the Ordinance for first reading, as amended, was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Holbrook, Olsen, Vazquez, Mayor Genser Absent: Councilmembers Katz, Zane By virtue of the above action, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 3A OF ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE REGULATION OF NOISE AND VIBRATION," was introduced for first reading, as amended, by title only and waiving further reading thereof. Councilmember Olsen moved to direct staff to return with language to add to the noise ordinance with regard to uses and maintenance to property which do not rely upon a decibel level. Second by Mayor Genser. Mayor Genser moved to amend the motion to also ask staff to return with information and appropriate measures regarding the regulation of car alarms and ask staff to check with building trades and investigate the issue of broadening the list of holidays. The motion was accepted as friendly. The motion was unanimously approved, Councilmembers Katz and Zane absent. 9-A: CLOSED SESSION: Held at end of meeting. 15: PUBLIC INPUT: Members of the public Joy Fullmer and Beloved Quail expressed their concerns. At 10: 20 P. M., Council adj ourned for a short recess. reconvened at 10:23 P.M., with all members present Councilmembers Katz and Zane. Council except 15: PUBLIC INPUT (Resumed): Member of the public Lisa Battig expressed concern with the 1,000-hour limit placed on as-needed employees. Member of the public Art Casillas addressed Council regarding gang and drug problems in Pico Neighborhood. A motion was made by Mayor Genser and duly seconded to continue the meeting to 11:35 P.M. The motion was unanimously approved, Councilmembers Katz and Zane absent. 4 July 21, 1992 331 9-At CLOSED SESSION: At 10t35 P.M., Council adjourned to Closed Session for the purpose of considering the case of Larson v. City of Santa Monica, United states District Court Case No. 92 2070 I WMB (TX). At 11t34 P.M., Council reconvened with all members present except Councilmembers Katz and Zane. Mayor Genser announced there was no action to report concerning the Closed Session. ADJOURNMENT: At 11:35 P.M., the meeting was adjourned to 6:00 P.M., July 28, 1992, in memory of Cyrus McCarron. --M~ arice E. Dy~~e City Clerk I I 5 July 21, 1992