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M-8/20/1991 40 CITY OF SANTA MONICA CITY COUNCIL MINUTES I AUGUST 20, 1991 An adjourned meeting of the Santa Monica City council was called to order by Mayor Abdo at 7:35 P.M., on Tuesday, August 20, 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 Assistant city Clerk Beth J. Holmes Counci1member Zane 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 the resolution 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: FINAL SUBDIVISION MAP/TRACT NO. 47386/CONDOMINIUMS/1744 10TH STREET: Resolution No. 8279(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47386," was adopted, thereby approving a 5-unit condominium project at 1744 lOth street. END OF CONSENT CALENDAR 8-D: TRANSPORTATION MANAGEMENT PLAN: Presented was an ordinance for introduction and first reading regarding the Transportation Management Plan (TMP) and resolution certifying the Final Environmental Impact Report. Council asked questions of staff. I At 8:13 P.M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Members of the public Norma Gonzales and Colleen Dalgleish spoke in 1 August 20, 1991 I I I 41 support of the ordinance with changes. Councilmember Zane moved to hear late chits. Second by Councilmember Olsen. The motion was unanimously approved, Councilmember Katz absent. Members of the pUblic Saxe Dobrin and Laurel Roennau spoke in support of the ordinance with changes. Member of the public Paul Silvern urged Council to continue this item. Mayor Abdo closed the public hearing at 9: 46 P.M. Discussion was held. Councilmember Zane moved to continue this item to the meeting of September 24, 1991. Second by Mayor Pro Tempore Genser. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 8-E: STREET PERFORMANCE REGULATIONS/THIRD STREET PROMENADE: Presented was an emergency ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6291 TO CHAPTER 2A OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH STREET PERFORMANCE REGULATIONS FOR THE THIRD STREET PROMENADE AND SURROUNDING AREAS AND DECLARING AN EMERGENCY," reading by title only and waiving further reading thereof, for introduction and adoption adding Section 6291 to Chapter 2A of Article VI of the Santa Monica Municipal Code to establish street performance regUlations for the Third street promenade and surrounding areas and declaring the presence of an emergency. Council asked questions of staff. At 9: 45 P.M., Council adjourned for a short recess. reconvened at 10:05 P.M. with all members present. Council 8-E: STREET PERFORMANCE REGULATIONS/THIRD STREET PROMENADE (RESUMED): At 10:05 P.M., Mayor Abdo declared the public hearing open. Councilmember Zane moved to admit and hear the existing late chits and not hear any others. Second by Councilmember Holbrook. The motion was unanimously approved, Councilmember Katz absent. Members of the public Jeff Marshall, Tom Carroll, Hanna Hartwell, Thierry Leduc, Susan Emann, Mike Forbes, Earlene Smith, J. P. Hallet, Gayle Gunther, and Mati spoke in support of the proposed ordinance. Members of the public Ed Henderson, Barbara Gary, Dorice Kennerly, Jerry Rubin, Aric Leavitt, Lee Zimmerman, Sean Haines, Robert Parrish, Kathryn Mora, Mitch Rudman, Arthur Nakane, and Melissa penchoen spoke in opposition to the proposed ordinance. Member of the public Beloved Quail offered suggestions for amendments to the ordinance. Members of the public Joy Fullmer and Russell Taylor expressed their concerns. Councilmember Zane moved to extend the meeting to 12: 30 A.M. Second by Councilmember Vazquez. The motion was unanimously approved, Councilmember Katz absent. Mayor Abdo closed the public hearing at 11: 05 P.M. Discussion was held. Mayor Pro Tempore Genser moved to refer this item to staff to return with an ordinance dealing primarily with hours 2 August 20, 1991 42 and noise standards, and potentially examine the possibility of self-regulation with performers, residents, and merchants. Second by Mayor Abdo. Discussion was held. Councilmember Zane I moved a substitute motion to adopt the proposed ordinance with amendments to allow nine performance spots overall rather than three spots per block and grant flexibility to staff in cooperation with the Bayside District Corporation to designate those spaces, exempt non-stationary and non-noise-making performances from the ordinance, encourage staff to develop a strong training of enforcement program, and review the program gO-days from its implementation. Second by Councilmember Olsen. Discussion was held. Counci1merober Vazquez moved to amend Councilmember Zane I s motion to apply the proposed ordinance to the 1300 and 1400 blocks and that the 1200 block be unregulated with regard to location and number of performers. Councilmerober Zane accepted the amendment as friendly with the condition that no more than nine spaces be allowed. Discussion was held. Councilmember Zane moved to amend his motion to extend afternoon hours of performance to 2:00 P.M., Friday and saturday night to Midnight, and week night hours to 10:00 P.M., as proposed. Mayor Abdo moved to amend the motion to delete section 6291(e) (5) restricting the number of performers to no more than five in any performance. The motion was accepted as friendly. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Olsen, Vazquez, Zane Negative: Councilmembers Genser, Holbrook, I Mayor Abdo Absent: Councilmember Katz Mayor Pro Tempore Genser restated his motion to include limitation of the hours of performances to between 11:00 A.M. and 2: 00 P.M. for afternoon performances, extending the hours of performance to Midnight on Friday and Saturday, and 10:30 P.M. on week nights (being Sunday through Thursday), request staff to return with noise standards, request staff to facilitate meetings between the three parties involved (performers, residents, and business people) to encourage some sort of method of self-regulation and/or report back on any observations of the new hours and if there need to be any other proposals, such as the lottery system, empower staff to establish performance-free zones around areas of concentration of residents, returning no later than 90 days with recommendations. City Attorney Myers clarified that section 6291(e) (2) is included, section 6291(e) (3) will be re-written to state that the city can designate certain areas where performances occur or certain types of performances are prohibited, section 6291(e) (4) is included, Section 6291(e) (5) is deleted, Section 6291(e) (6) is included, Section 6291(e) (7) is included, Section 6291 (e) (8) is deleted, Section 6291 (e) (9) is included, section 629l(e) (10) is included, and Section 6291(e) (11) is no longer applicable. Discussion was held. Mayor I Pro Tempore Genser moved to amend his motion that the ordinance include language that no performer shall block the entrance of any open business unless the person has the consent of the 3 August 20, 1991 I I I 43 business. Discussion was held. The motion failed by the following vote: council vote: Affirmative: Councilmembers Genser, Holbrook, Mayor Abdo Negative: Councilmembers Olsen, Vazquez, Zane Absent: Councilmember Katz councilmember Zane changed his vote above to affirmative in the spirit of cooperation in hopes that other councilmembers will reflect that when the period is over they will be prepared to consider more effective measures to address the problem. The motion that was crafted from Mayor Pro Tempore Genser I s motion with the amendments as discussed above was approved and the hours are to go into effect immediately. [Editor's Note: Santa Monica ci ty Charter section 615 Adoption of Ordinances and Resolutions - states in part that an Emergency Ordinance requires II. . at least five affirmative votes. II in order to be adopted at one and the same meeting. A Special Meeting will be held on August 22, 1991 to reconsider this emergency ordinance.] 8-F: BUSINESS LICENSE FEE EXEMPTIONS/CIVIC AUDITORIUM: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code Section 6053B to exempt civic AUditorium lessees from business license fees. Mayor Pro Tempore Genser moved to waive the staff report. Second by Mayor Abdo. The motion was unanimously approved, Councilmember Katz absent. At 12: 03 A. M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the public hearing at 12: 05 A.M. Mayor Pro Tempore Genser 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 6053B TO EXEMPT CIVIC AUDITORIUM LESSEES FROM BUSINESS LICENSE FEES," 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 Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 9-A: URBAN RUNOFF: Presented was the staff report recommending direction to the city Attorney to prepare an ordinance requiring reduction in urban runoff from new development. Discussion was held. Councilmember Vazquez moved to extend the meeting to l:OO A.M. Second by Mayor Abdo. The motion was approved. Councilmember Katz absent. Member of the public Joy Fullmer expressed her concerns. Member of the public Greg Elliot spoke in support of the staff recommendation. Mayor Abdo moved to direct the city Attorney to draft an ordinance requiring a reduction in urban runoff from new development and the implementation of various good housekeeping practices by both new 4 August 20, 1991 44 development and existing properties to decrease the overall amount of pollution entering Santa Monica Bay. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was I approved by the following vote: Council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 10-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was the public hearing on assessment of costs to repair damaged sidewalks, driveways and curbs. There were no protests. At 12:20 A.M., Mayor Abdo declared the public hearing open. There being no one wiShing to speak, Mayor Abdo closed the public hearing. Mayor Pro Tempore Genser moved to adopt Resolution No. 8280(CCS) entitled: t1A 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 (SR91-174)," 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 Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: councilmember Katz 10-B: ASSESSMENT/TREE PLANTING/WILSHIRE BOULEVARD: Presented I was the public hearing for the confirmation of assessment of costs for tree planting on Wilshire Boulevard between Ocean Avenue and Centinela Avenue. At 12:25 A.M., Mayor Abdo declared the public hearing open. There being no one wishing to speak, Mayor Abdo closed the public hearing. Mayor Pro Tempore Genser moved to acknowledge one protest and adopt Resolution No. 8281 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENTS FOR TREE PLANTING ON WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND CENTINELA AVENUE," 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 Genser, HOlbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: councilmember Katz 14-A: APPOINTMENT/COMMISSION ON OLDER AMERICANS: Councilmember Vazquez moved to continue the appointment of a member to the Commission on Older Americans to the meeting of September 10, 1991. Second by Mayor Abdo. The motion was unanimously approved, Councilmember Katz absent. 14-B: MODIFICATION OF SIGN ORDINANCE/PROMENADE: Mayor Pro I Tempore Genser moved to continue Councilmember Katz's request to discuss modification of the sign ordinance regarding the 5 August 20, 1991 I I I 45 Promenade to the meeting of September 10, 1991. Second by Mayor Abdo. The motion was unanimously approved, Councilmember Katz absent. 14-0: RECYCLING REQUIREMENTS/RECYCLING FACILITIES: Mayor Pro Tempore Genser presented his request to discuss directing staff to prepare an ordinance to require the City to impose recycling requirements and recycling facilities as conditions of all future development permits. Mayor Pro Tempore Genser moved to direct staff to prepare an ordinance to require the City to impose recycling requirements and recycling facilities as conditions of all future development permits. Second by Mayor Abdo. The motion was unanimously approved, Councilmember Katz absent. 14-E: POSTING OF SIGNS/PAINT IS HAZARDOUS WASTE: Presented was the request of Councilmember Olsen to discuss directing staff to prepare an ordinance that would require businesses that sell paint to post signs indicating that paint is a hazardous waste and listing the address of the hazardous waste facility. Discussion was held. Councilmember Olsen moved to direct staff to prepare an ordinance that would require businesses that sell paint to post signs and place stickers on paint containers indicating that paint is a hazardous waste and listing the address of the hazardous waste facility. Second by Mayor pro Tempore Genser. The motion was unanimously approved, Councilmember Katz absent. 14-F: L.A. WALK FOR WOMEN'S HEALTH/SANTA MONICA HEALTH FAIR: Presented was the request of Mayor Abdo to discuss co-sponsoring the L.A. Walk for Women's Health and Santa Monica Health Fair on september 14, 1991. Mayor Abdo moved to co-sponsor the L.A. Walk for Women's Health and Santa Monica Health Fair on September 14, 1991. Second by Mayor Pro Tempore Genser. The motion was unanimously approved, Councilmember Katz absent. 14-G: APPOINTMENT/HOUSING COMMISSION: Mayor Pro Tempore Genser moved to continue the appointment of a member to the Housing Commission to the meeting of September 10, 1991. Second by Mayor Abdo. The motion was unanimously approved, Councilmember Katz absent. CLOSED SESSION: At 12: 45 A.M., Council adj ourned to Closed session for the purpose of considering personnel matters and settlement in the case of Mazur v. City of Santa Monica, et al., santa Monica Superior Court Case Number SC 003 589. At 1:05 A.M., Council reconvened with all members present. 12-A: MEMORANDUM OF UNDERSTANDING/PUBLIC ATTORNEY'S UNION: Councilmember Vazquez moved to approve Contract No. 5750(CCS) and adopt ReSOlution No. 8282 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITYMANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEYS UNION" reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. The motion was approved by the following vote: 6 August 20, 1991 46 council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmernber Katz I 12-B: EXECUTIVE PAY PLAN: Councilmember Zane moved to adopt Resolution No. 8283 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN,II reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. The motion was approved by the following vote: council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 9-B: CLOSED SESSION: Mayor Pro Tempore Genser moved to approve settlement in the case of Mazur v. City of Santa Monica{ et al., Santa Monica superior Court Case Number SC 003 589, in the amount of $29,823.13. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz ADJOURNMENT: At 1:07 A.M., the meeting was adjourned in memory I of Daniel Posner, Tom Zahn, and Florence Jenssen. ATTEST: 1f~~' Beth Jt/ Holmes Deputy city Clerk APPROVED: y~P~ Judy Abdo Mayor I 7 August 20, 1991