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