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M-9/25/1990 246 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 25, 1990 A meeting of the santa Monica city council was called to order by Mayor Pro Tempore Finkel at 6:15 P.M., on Tuesday, September 25, 1990, in the Council Chambers. Counci1member Katz led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. STUDY SESSION: Roll Call: Present: Mayor Dennis Zane (arrived at 6:20 P.M.) Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser (arrived at 6:25 P.M.) Councilmember William H. Jennings (arrived at 6:21 P.M.) Councilmember Herbert Katz Councilmember Christine E. Reed Also Present: City Manager John Jalili Assistant city Attorney Joe Lawrence city Clerk Clarice E. Johnsen SS-1: MODIFICATIONS TO LANDMARKS ORDINANCE: Presented was a staff report discussing modifications to the Landmarks Ordinance and preservation incentives. Council asked questions of staff. A study session was held. SS-2: THIRD STREET NEIGHBORHOOD DISTRICT: Presented was a staff report discussing the implementation procedures for the review of the alteration or demolition of structures located in the Third Street Neighborhood District. Council asked questions of staff. A study session was held. At 7:28 P.M., the study Session was adjourned. CITY COUNCIL REGULAR MEETING: At 7:40 P.M., Mayor Zane convened a regular meeting of the City of Santa Monica City Council. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser Councilmember William H. Jennings Councilmember Herbert Katz Councilmember Christine E. Reed 1 September 25, 1990 247 Also Present: city Manager John Jalili Assistant City Attorney Joe Lawrence 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. INSPIRATION: City Clerk Johnsen provided a moment of inspiration by urging citizens to register and vote in the coming election. 5-A: APPOINTMENTS TO PLANNING COMMISSION: Presented was the matter of appointments to the Planning commission. Mayor Zane opened the floor to nominations. councilmember Abdo nominated Rita Morales to the planning Commission. Councilmember Katz nominated Mehrdad Farivar. The vote on the nomination was as follows: Morales: Councilmembers: Abdo, Finkel, Genser, Mayor Zane Farivar: Councilmembers: Jennings, Katz, Reed Rita Morales was thereby appointed to the Planning Commission for a term ending June 30, 1994. Mayor Zane opened the floor on the Planning commission. Farivar to the Planning nominated Jennifer Polhemus. follows: to nominations for a second vacancy councilmember Katz nominated Mehrdad Commission. Councilmemher Genser The vote on the nominations was as Farivar: Councilmembers: Jennings, Katz, Reed Polhemus: Councilmembers: Abdo, Finkel, Ganser, Mayor Zane Jennifer Polhemus was thereby appointed to the Planning Commission for a term ending June 30, 1993. 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-A, 6-B, and 6-K, 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-C: UNDERGROUND UTILITY DISTRICT: Resolution No. 8085 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON OLYMPIC BOULEVARD EASTBOUND BETWEEN FOURTH STREET AND LINCOLN BOULEVARD AND ON OLYMPIC PLACE SOUTH BETWEEN FOURTH COURT AND FIFTH STREET," was adopted thereby setting a public hearing for October 9, 1990, to 2 September 25, 1990 ..UHl determine the necessity of the formation of an underground utility district. 6-0: CONGESTION MANAGEMENT AGENCY/COUNTY OF LOS ANGELES: Resolution No. 8086 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACKNOWLEDGING THE DESIGNATION OF THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION AS THE CONGESTION MANAGEMENT AGENCY FOR THE COUNTY OF LOS ANGELES, was adopted. 6-E: PHYSICALLY HANDICAPPED PARKING ZONES: Resolution No. 8087 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 1003 MICHIGAN AVENUE AND 2111 ASHLAND AVENUE," was adopted. 6-F: GRANT OF EASEMENT/SOUTHERN CALIFORNIA EDISON: Resolution No. B088(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL FACILITIES AT CLOVER PARK EXTENSION,II was adopted. 6-G: FINAL SUBDIVISION MAP NO. 21511/CONDOMINIUMS/837-839 15TH STREET: Resolution No. BOB9(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21511, tI was adopted, thereby approving a 4-unit condominium project at 837-839 15th Street. 6-H: FINAL TRACT MAP/TRACT NO. 48027/CONOOMINIUMS/1949 17TH STREET: Resolution No. 5591(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48027," was adopted, thereby approving a 6-unit condominium project at 1949 17th street. 6-1: RESURFACING ASPHALT CONCRETE PAVEMENT: Contract No. 5591 (CCS) was awarded to Shawnan Corporation in the amount of $46,440 for resurfacing the asphalt concrete pavement at the Transportation Department Yard. 6-J: CAB AND CHASSIS/SOLID WASTE MANAGEMENT DIVISION: Bid No. 2306 was awarded to Crenshaw Motors in the amount of $23,430.55 to furnish and deliver one new cab and chassis with dump-type stake body for the Solid Waste Management Division, General Services Department. END OF CONSENT CALENDAR 6-A: MINUTES APPROVAL: Councilmember Genser moved to approve the City Council Minutes of September II, 1990, as amended. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmembers Jennings and Katz abstaining due to absence from the meeting. 3 September 25, 1990 .!:'t:l 6-B: NORTH OF WILSHIRE: Presented was a staff report transmi tting an ordinance for adoption creating the North of Wilshire overlay District. Mayor Pro Tempore Finkel moved to adopt Ordinance No. 1543 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SUBCHAPTER 4AA TO ARTICLE IX, CHAPTER 1 OF THE SANTA MONICA MUNICIPAL CODE (THE ZONING ORDINANCE) CREATING THE NORTH OF WILSHIRE OVERLAY DISTRICT, n reading 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, Mayor Zane Negative: Councilmembers Katz, Reed Abstain: Councilmember Jennings councilmember Katz requested that the record reflect that he voted uno" on this item because of the down-zoning. 6-K: MONTANA AVENUE ASSESSMENT: Presented was a staff report transmitting a resolution rev~s~ng the additional business license tax levied in the Montana Avenue Business Improvement Assessment District. Member of the pUblic JOY Fullmer expressed her concerns. Mayor Pro Tempore Finkel moved to adopt Resolution No. 809l(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO CHANGE THE ADDITIONAL BUSINESS LICENSE TAX LEVIED IN THE MONTANA AVENUE BUSINESS IMPROVEMENT ASSESSMENT AREA," reading by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: unanimously approved 7-0 Councilmember Katz moved to hear Item 8-B at this point in the meeting. second by Mayor Pro Tempore Finkel. The motion was approved, councilmember Jennings opposed. 8-B: THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT: presented was a staff report transmitting proposed changes to the Municipal Code implementing procedures for review of the al teration or demolition of structures located in the Third street Neighborhood Historic District. Discussion was held. councilmember Genser moved to continue this item to the meeting of October 2, 1990. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. 8-A: DISTRICTING MAP AMENDMENT: Presented was an ordinance for introduction and first reading adopting Districting Map Amendment 90-002 to amend the Interim Official Districting Map to reclassify a 2.5 acre site located on the east side of 7th Street, between Colorado Avenue and Olympic BOulevard from C3 to MI. At 8:17 P.M., Mayor Zane declared the public hearing opened. Member of the public JOY Fullmer expressed her concerns. Member of the public Kristie Hubbard, speaking on behalf of the 4 september 25, 1990 2~U applicant, spoke in support of the re-zoning. Mayor Zane closed the pUblic hearing at 8: 25 P.M. Council asked questions of staff. Councilmembar Ganser moved to introduce for first reading an ordinance 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, II reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-C: WASTEWATER CONTROL: Presented was an ordinance for introduction and adoption amending Santa Monica Municipal Code Sections 7183, 7184, and 7185 to revise the wastewater control ordinance. Council asked questions of staff. At 8: 3:2 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 8:36 P.M. Councilmember Reed moved to introduce and adopt Ordinance No. 1544 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 7183, 7184, AND 7185 TO REVISE THE WASTEWATER CONTROL ORDINANCE AND DECLARING THE PRESENCE OF AN EMERGENCY, II Second by Councilmember Abdo. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Zane moved to direct staff to prepare a report addressing options available to the City to reduce its sewage allotment program, including an evaluation of the zero net sewage growth option, a report regarding development which has engaged in zero net sewage growth retrofit programs to date, and other items that the staff views as appropriately related to this concern, and return at the earliest practical date. Second by Counci1member Genser. The motion was unanimously approved. 8-0: PREFERENTIAL PARKING ZONE N: Presented was an ordinance for introduction and first reading adding section 323 8N to the Santa Monica Municipal Code to establish a Preferential Parking Zone N around Santa Monica Hospital and Medical Center. Council asked questions of staff. At 9:00 P.M., Mayor Zane declared the public hearing opened. Members of the pUblic Gaye Deal, Ernest Pipes, Jack Allen, Hank Kalvin, Chris Harding, Matt Morrison, Philip LeVine, and Ed Low spoke in support of preferential parking. Members of the public Robert Ferguson, Friedrich Weinstock, Joyce Holmen, Leonard Adler, and Donald Nelson, expressed their concerns. Member of the pUblic Park Miller spoke in opposition to preferential parking. Councilmember Katz moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 323 aN TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE N, II reading by title only and waiving further reading thereof. Second by Councilmernber Reed. Discussion was held. Council asked questions of staff. 5 September 25, 1990 L:J.L councilmember Genser moved an amended motion to change the beginning time on Saturdays and sundays to be 2: 00 P.M. The amendment died for lack of a second. The lnain motion was approved by the following vote: council vote: Unanimously approved 7-0 councilmember Reed moved to adopt Resolution No. 8l1l(CCS) entitled: t1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED PREFERENTIAL PARKING ZONE BOUNDED BY 20TH STREET, WILSHIRE BOULEVARD, 14TH STREET, AND SANTA MONICA BOULEVARD, BUT NOT INCLUDING 20TH STREET, U reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 At 9:50 P.M., Council adjourned for a short recess. At 10:08 P.M., Council reconvened with all members present. 8-E: CHARTER REVIEW COMMISSION: The ordinance for introduction and first reading adding Chapter 9A to Article II of the Santa Monica Municipal Code to create a Charter Review Commission was continued to the meeting of October 2, 1990. Mayor Pro Tempore Finkel moved to continue Item lO-A to next week. Second by Councilmember Katz. The motion was approved, Councilmember Genser opposed, Councilmembers Abdo and Reed absent. 8-F/l3-A: CITY COUNCIL VOTES/KEVIN V. KOZAL: ~ayor Pro Tempore Finkel moved to consolidate Item 8-F with Item 13-A. Second by Councilmember Reed. The motion was unanimously approved. Presented was an ordinance for introduction and first reading adding Section 1330 to the santa Monica Municipal Code relating to votes by the City Council that do not obtain a majority. Council asked questions of staff. Councilmember Jennings moved to table this matter. Councilmember Jennings withdrew his motion. Discussion was held. Council asked questions of staff. Councilmember Jennings moved to table this matter. The motion died for lack of a second. Councilmember Reed moved to extend the meeting to 11: 30 P.M. The motion failed for lack of a second. Councilmember Genser moved to continue this item to the meeting of October 2, as a Uslt item. Second by Councilmember Reed. The motion was unanimously approved. IO-A: LANDMARKS COMMISSION: Presented was the recommendation of the Landmarks Commission to direct the City Attorney to prepare revisions to the Landmarks Ordinance. Mayor Pro Tempore Finkel moved to continue this matter to the meeting of October 2, 1990. Second by Councilmem.ber Katz. The motion was approved. Councilmember Genser opposed. Councilmembers Abdo and Reed absent. 6 September 25, 1990 L~L Councilmember Katz moved to hear Items 13-B and then time, to be followed by "9" items and continuing all Second by Councilmember Genser. The motion was approved. 13-C at this other items. unanimously 8-G: PREFERENTIAL PARKING ZONE T: The ordinance for adoption and second reading adding Municipal Code section 3238T to establish Preferential Parking Zone T on Dorchester Avenue between Exposition Boulevard and Delaware Avenue was continued to the meeting of October 2, 1990. 8-H: PREFERENTIAL PARKING ZONE M: The ordinance for adoption and second reading amending Santa Monica Municipal Code section 3238M to expand Preferential parking Zone M to include Bicknell Avenue between Third and Fourth Streets was continued to the meetin~ of October 2, 1990. a-I: NORTH OF WILSHIRE: The ordinance for adoption and second reading amending the Interim Districting Map, creating the NW-R2 and NW-R3 for the area bounded by Ocean Avenue to the west, 14th street to the east, WilShire Boulevard to the south, Montana Avenue to the north, or more commonly referred to as the North of Wilshire Neighborhood, was continued to the meeting of October 2, 1990. 8 -J: PREFERENTIAL PARKING ZONE S: The ordinance for adoption and second reading adding section 32388 to the Santa Monica Municipal Code to establish Preferential Parking Zone S on 16th and 17th streets between Montana Avenue and A1 ta Avenue was continued to the meeting of October 2, 1990. 13-B: DAVID ARMSTRONG: Presented was the request of David Armstrong to address Council regarding parking and traffic problems on Vicente Terrace. Council asked questions of Mr. Armstrong. Council directed staff to meet with neighborhood representatives to discuss solutions and report back to council in thirty days. Councilmember Genser moved to hear speakers on this item for two minutes each. Second by councilmember Katz. The motion was approved. The additional speakers waived their requests to speak as a result of Council's discussion and direction to staff. l3-C: LEONARD SHARENOW: Presented was the request of Leonard Sharenow to address Council regarding building permits for radio towers in R1 zoned areas. Discussion was held. council asked questions of staff. This item was referred to staff for a report and return to Council with possible solutions. Councilmember Katz moved to hear speakers on this item for one minute each. Second by Councilmember Genser. The motion was approved. Member of the pUblic Matthew Irmas expressed his concerns. Mayor Pro Tempore Finkel moved to extend the meeting to 12: 15 A.M. Second by Councilmember Genser. The motion was unanimously approved. Councilmember Jennings was excused from the meeting at 11:45 P.M. 7 September 25, 1990 253 ll-C: CLOSED SESSION: At 11:45 P.M., Council adjourned to Closed Session for the purpose of discussing personnel matters. At 12: 20 A.M., Council reconvened, councilmembers Jennings and Reed absent. 9-A: MEMORANDUM OF UNDERSTANDING/SUPERVISORY TEAM ASSOCIATES (STA): Councilmember Genser moved to approve contract No. 5592 (CCS) and adopt Resolution No. 8092(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY TEAM ASSOCIATES," 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, Katz, Mayor Zane Absent: Councilmembers Jennings, Reed 9-B: MEMORANDUM OF UNDERSTANDING/CALIFORNIA LEAGUE OF CITY EMPLOYEES ASSOCIATION (CLOCEA): Councilmember Abdo moved to approve Contract No. 5593 (CCS) and adopt Resolution No. 8093 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CALFORNIA LEAGUE OF CITY EMPLOYEES ASSOCIATION," reading by title only and waiving further reading thereof. Second by councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Counci1members Abdo, Finkel, Genser, Katz, Mayor Zane Absent: Councilmembers Jennings, Reed 9-C: EXECUTIVE PAY PLAN: Councilmember Genser moved to adopt Resolution No. 8094 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN,u 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, Katz, Mayor Zane Absent: Councilmembers Jennings, Reed 11-A: FAR STANDARDS/PERFORMANCE STANDARDS: The recommendation to direct the city Attorney to prepare modification to Santa Monica Municipal Code section 9018.6 regarding FAR standards in the C3 District and Section 9050.11 regarding Performance Standards for residential units in commercial zones was continued to the meeting of October 2, 1990. Il-B: FEE FOR ARTS PROGRAM: The recommendation to direct the city Attorney to prepare an ordinance implementing the proposed 8 september 25, 1990 254 Fee For Arts Program was continued to the meeting of October 2, 1990. 12-A: APPEAL/EIR, EIA 887/DR470/ZA 5368-Y: The appeal of Planning commission certification of an EIR, EIA 887 and approval of DR 470 and variance, ZA 5368-Y to allow construction of a 101,608 square-foot, 2.5 FAR, five-story, 66'-6" tall, all-office development with driveway access on 23rd and 24th streets and subterranean parking was continued to the meeting of october 16, 1990. 14-A: APPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS: The appointment of members to the Arts Commission, Landmarks Commission, Plumbing and Mechanical Board of Appeals and Social Services Commission was continued to the meeting of October 2, 1990. 14-B: THE INTERNATIONAL MAKING CITIES LIVABLE COUNCIL: The request of Mayor Zane to discuss joining in The International Making Cities Livable Council was continued to the meeting of October 2, 1990. 14-C: FAX MACHINES: The request of Councilmember Katz to discuss potential furnishing of Councilmembers with FAX machines was continued to the meeting of October 2, 1990. 14-0: WAIVER OF FEE/CALIFORNIA STATE ASSEMBLY: The request of Mayor Zane to discuss waiving the fee for the use of the Council Chambers by members of the California state Assembly for a hearing on homeless matters was continued to the meeting of October 2, 1990. ADJOURNMENT: At 12:22 A.M., the meeting was adjourned to October 2, 1990, 7:30 P.M., in memory of Joanne Fazio. ATTEST: ~J~~ City Clerk APPROVED: r--......\ \ l"" , . 'J/"~ \../~ >F.A-.....Y Dennis Zane, Mayor 9 September 25, 1990