Loading...
M-10/26/1993 I I I 223 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 26, 1993 A regular meetmg of the Santa MOllica City Council was called to order by Mayor Abdo at 6 50 P.M on Tuesday, October 26, 1993. m the CouncIl Chambers Roll Call Present: Mayor Judy Abdo Mayor Pro Tempore Antomo Vazquez Councilmember Ken Genser Counctlmember Asha Greenberg Councilmember Robert T Holbrook Counctlmember Kelly Olsen Counctlmember Paul Rosenstem Also Present Cny Manager John Jahh Acting City Attorney Joe Lawrence CIty Clerk ClarIce E Dykhouse Councilmember Holbrook led the assemblage m the Pledge of Allegiance to the Flag of the United States of Amenca INSPIRA nON Counctlmember Holbrook provided a moment of InspIratIOn by suggesting that everyone check their smoke detectors on Sunday morning when the clocks are set back to standard tune Member of the pubhc Joy Fullmer addressed the Consent Calendar. 6 CONSENT CALENDAR Presented was the Consent Calendar, whereby allnems are conSIdered and approved in one motion unless removed from the calendar for dIScussIon Counctlmember Holbrook moved to approve the Consent Calendar, with the exceptIOn of Item No 6-C, readmg resolutions and ordmances by title only and waivmg further readmg thereof Second by CouncIlmember Greenberg. The motion was approved by the followmg vote: CouncIl vote Unanimously approved 7-0 6-A MINUTES APPROVAL: The minutes of CIty CouncIl meetmgs of October 5 and 12, 1993, were approved as submItted October 26, 1993 1 LL4 6-B: FINAL SUBDIVISION MAP/TRACT NO 51400/TPC-262/2343-45 OAK STREET Resolution No 8676(CCS) enutled "A RESOLUTION OF THE CITY COUNCIL OF THE I CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51400 FOR A PROJECT AT 2343-45 OAK STREET," was adopted, thereby approvmg a 6-unit tenant-particlpahng conversIOn project at 2343-45 Oak Street 6-D CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/DENIAL OF APPEAL/PLANNING COMMISSION APPROVAL OF AMENDMENTS/TPC-273/VTTM 51430/2641 FOURTH STREET: The cernflcatIon of statement of offIcial action for the denial of appeal of Planning CommisslOn approval of amendments to the condmons of approval for Tenant-Participating ConverslOn, TPC-273, Vestmg Tentative Tract Map 51430, to allow the consolIdatIon of unit one and umt seven at 2641 Fourth Street, was approved. 6-E. TRANSPORTATION MANAGEMENT PLAN Ordmance No 1708(CCS) entitled. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9 16030,9 16.070 AND 9.16090 RELATED TO TRANSPORTATION MANAGEMENT," was adopted END OF CONSENT CALENDAR 6-C AMENDMENT/EASEMENT AGREEMENT/OUTDOOR DINING/1535 OCEAN A VENUE' Council asked questions of staff CouncIlmember Olsen moved to authorIZe the City Manager to negotiate and execute an amendment to an easement agreement that permits outdoor dlmng on the publIc nght-of-way frontmg 1535 Ocean Avenue (Zenzero Restaurant). Second by Mayor Pro Tempore Vazquez. The motIOn was approved by the followmg vote: I CounCIl vote Unanimously approved 7-0 8-A. AMENDMENT/ANIMAL CONTROL LAWS' Presented was an ordmance for second readmg and adoption amendmg the CIty'S ammal control laws permIttmg leashed dogs In a park, specifying the length of leashes for dogs, mcreasmg the fine for failure to abate a nuisance by a dog and penmttmg the designation of off-leash areas III public parks for dogs CounCIl asked questions of staff Counctlmember Rosenstein moved to remand thIS item to staff for further clarificatIon of Issues, to meet with members of the commumty, and return to Councd Second by Councilmember Greenberg DISCUSSIon was held Councilmember Genser moved a substItute motIOn to have smgle fines (no escalating fines) and that for all categones except for the nUIsance law and the carrymg matenals law the fme be $100 and for the nUIsance law and the carrying matenals law the fine be $250 Second by Councilmember Olsen DISCUSSIon was held CouncIlmember Rosenstein moved to hear speakers. Second by CouncIlmember Holbrook. The motion faIled, Counctlmembers Genser, Greenberg, Olsen, Vazquez, and Mayor Abdo opposed DiSCUSSIOn was held Counctlmember Genser moved to amend his motIon to set the fines at $50 for all categones October 26, 1993 I 2 I I I 225 except for the nUlsance law and the carrymg matenals law, $150 for the nmsance law and carrymg matenals law The motIon was accepted as friendly DIScussIon was held Councilmember Rosenstem wIthdrew IDS motlon Councilmember Greenberg moved a SubstItute motion to hold thIs matter over untIl the enforcement issue IS settled, along WIth the recommendatIon that staff Investigate mcreasIng the fInes If Increased enforcement IS possIble. DiSCUSSIOn was held Second by CouncIlmember Holbrook The motlon faded, CouncIlmembers Genser, Olsen, Rosenstem, Vazquez, and Mayor Abdo opposed Councllmember Olsen moved to ellllunate Pahsades Park from thts ordInance Second by Councllmember Holbrook DISCUSSIon was held. The motIOn faIled by the followmg vote CouncIl vote AffmnatIve: Councllmembers Olsen, Holbrook, Greenberg NegatIve CouncIlmembers Vazquez, Rosenstem, Genser, Mayor Abdo Mayor Pro Tempore Vazquez moved to exclude Manne Park from the unleashed area Second by CouncIlmember Holbrook. Discussion was held The motion faIled by the followmg vote CouncIl vote. Affrrmative Councllmembers Vazquez, Holbrook NegatIve Counctlmembers Rosenstein, Olsen, Greenberg, Genser, Mayor Abdo The mam motion faIled by the following vote: CouncIl vote. Affrrmative Counctlmembers Rosenstein, Genser, Mayor Abdo Negative CouncIlmembers Vazquez, Olsen, Holbrook, Greenberg DISCUSSIOn was held Councilmember Genser moved to have smgle fmes (no escalatmg fines) and that for all categones except for the nuisance law and the carrying matenals law the fme be $75 and for the nmsance law and the carrymg matenals law the fme be $200 Second by Mayor Abdo The motion was approved by the followmg vote CouncIl vote' Affirmative Councllmembers Rosenstein, Greenberg, Genser, Mayor Abdo NegatIve Councilmembers Vazquez, Olsen, Holbrook By virtue of the above action, an ordinance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S ANIMAL CONTROL LAWS PERMITTING LEASHED DOGS IN A PARK, SPECIFYING THE LENGTH OF LEASHES FOR DOGS, INCREASING THE FINE FOR FAILURE TO October 26, 1993 3 226 ABATE A NUISANCE BY A DOG AND PERMITTING THE DESIGNATION OF OFF- LEASH AREAS IN PUBLIC PARKS FOR DOGS," was introduced for first readmg, as I amended, by tItle only, walvmg further readmg thereof 8-B: CHILD CARE CENTERS: Presented was an ordinance for mtroductIon and ftrst reading amendmg condItIOnal use permit standards of the Zoning Ordinance, Santa Monica Mumcipal Code SectIOn 9.04.14030, regulating chtld care centers m reSIdentIal districts Council asked questIOns of staff Mayor Abdo declared the public heanng open at 8:02 P.M. Member of the publIc Joy Fullmer expressed her concerns Members of the publIc Lmda Gordon, Ellen Khokha, Irene ZIVI, and Abby Liebman spoke m support of the proposed ordmance Member of the pubbc Cindy Wasson urged Counctl to re-evaluate the current costly and complicated CUP process Mayor Abdo closed the publIc heanng at 8 16 P M Councllmember Rosenstem moved to approve the proposal as recommended by staff with the condition that permittmg fees associated with the projects may be waived, with the exception of busmess license tax, winch the City would retam Second by Mayor Pro Tempore Vazquez. Discussion was held Councilmember Rosenstein revised Ins motion to approve the ordmance as proposed by staff The motIon was accepted as fnendly. The motion was approved by the followmg vote. Counctl vote' Unannnously approved 7-0 By virtue of the above action, an ordmance entitled. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 9 04.14.030, RELATING TO CHILD CARE CENTERS IN RESIDENTIAL DISTRICTS," was mtroduced for flIst reading, as amended, by tItle only I Councilmember Rosenstem moved to direct staff to return WIth a recommended format for the waiver of fees. Second by Mayor Pro Tempore Vazquez. The motion was unammously approved At 8'25 PM., Council adjourned for a short recess Council reconvened at 840 PM. With all members present Mayor Abdo moved to hear Item No. to-A at thiS tune Second by Counctlmember Holbrook. The motion was unammously approved lO-A' VACATION OF A PORTION OF 7TH COURT/DEDICATION OF TWO PUBLIC SERVICE EASEMENTS, At 8:42 PM, Mayor Abdo declared the pubhc hearmg open Member of the publIc Joy Fullmer expressed her concerns Member of the public Larry Beaufait made suggestIOns, Members of the publIc Earl Shor and Doun Morey spoke in support of the staff recommendatIon Mayor Abdo closed the public heanng at 8.45 P.M. Presented was the staff report recommendmg adoptIon of a resolution ordermg the vacatIon October 26, 1993 I 4 I I I 227 of a portIOn of 7th Court from Broadway to 250 feet southeast of Broadway and dedicatton of two pubhc servIce easements Council asked questtons of staff. Mayor Pro Tempore Vazquez moved to adopt Resolution No 8677(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF A PORTION OF A CERTAIN STREET KNOWN AS SEVENTH COURT BETWEEN BROADWAY AND 250 FEET SOUTHEASTERLY OF BROADWAY AND DEDICATION OF TWO PUBUC SERVICE EASEMENTS IN THE CITY OF SANTA MONICA, CALIFORNIA," readmg by tttle only and waIvmg further readmg thereof. Second by CouncIlmember Holbrook. The motion was approved by the following vote CouncIl vote: Unarumously approved 7-0 8-C PROHIBITION OF SMOKING. Presented was an ordinance for mtroductton and first readmg amendmg Sections 4.44 030 of the Santa MOnIca MUnICIpal Code to prohIbn all smokIng m mdoor restaurants, amendmg Sectton 444040 to prohIbIt all smokmg in cafetenas, m places of employment and lounge areas In bUIldIngs open to the general pubhc and amendmg Section 444.060 to prohIbIt smolang m bars which are COntIguOUS WIth restaurant dmmg areas when meals are bemg served Council asked questIOns of staff At 8 40 PM, Mayor Abdo declared the publIc hearIng open. Members of the pubhc Paul Koretz, Joseph Rooks, Brad Segal, MIkki Peabody, Alan Zovar, Dr. Stenkel, Andrea Portenier, Peter Pelikan, Manlou Terpennmg, Harvey Karp, and Lou Moench spoke In support of the proposed ordmance. Members of the public MIchael Duffy, Helen Petrou, MIke RadclIffe, Gerry Brenbart, and Larry Postaer spoke In opposition to the proposed ordmance Member of the pubhc Joy Fullmer expressed her concerns Members of the pubhc Jay FlOndella, Gene Rotondo, PhilIp CummInS, and Gary Wolen urged CouncIl to enact an ordInance modeled after the ordinance Implemented by the City of Los Angeles. Member of the pubhc Doreen Sturgis urged CouncIl to conSIder coffee houses under the same exemption as bars. Member of the publIc Bruce Cameron spoke m support of a smoking ordinance as a statewIde Issue. Mayor Pro Tempore Vazquez moved to hear a late speaker Second by CouncIlmember RosensteIn. The motion was approved, Councilmember Olsen opposed Member of the publIc Barkley Hudson spoke In support of the proposed ordinance Member of the public Ken Ward spoke in support of a complete ban on smoking wherever food IS available. Mayor Abdo closed the pubhc hearIng at 10-55 P M. Counctlmember Rosenstem moved to adjourn to Closed SessIon at tlns time and contmue the remamder of Item No. 8-C and the remainder of the agenda to the meeting of November 2, 1993. Second by Councilmember Greenberg. DIScussion was held. The motion was approved by the follOWIng vote CouncIl vote Affirmattve: CouncIlmembers Greenberg, Holbrook, Rosenstem, Vazquez, Mayor Abdo October 26, 1993 5 228 Negattve Councilmembers Genser, Olsen DiscuSSIon was held. CouncIlmember Holbrook moved to extend the meeting to 11 15 P M Second by Mayor Pro Tempore Vazquez The motion was unammously approved. 9-A: REDUCED-EMISSION VEHICLES PURCHASE POllCY. The recommendatiOn to adopt the reduced-eIIDssion vehicles purchase polIcy was continued to the meetmg of November 2, 1993. 9-8 CLOSED SESSION: At 11 02 PM, CouncIl adjourned to Closed SeSSIOn for the purpose of dIscussmg the following cases 1 Rubin et al v CIty of Santa Monica, Umted States DIStrIct Court Case No. CV 93-1255 ER (Ex), 2 CIty of Santa Moruca v. City of Los Angeles, threatened lItIgatIOn concerning proposed Playa VIsta development; 3 People v Regina Barrett, Los Angeles MumcIpal Court Case No 93MOO496; 4 Waslnngton and HICks v CIty of Santa Moruca, Uruted States Dlstnct Court Case No. CV 92-1884 No actIOn was taken. At 11 OS P M., CounCIl reconvened WIth all members present II-A: GUN CONTROL The request of the Santa Monica CommiSSIOn on the Status of Women to particIpate m a newly-formed coalItIOn of women's orgaruzattons to articulate gun control as a women's Issue was continued to the meeting of November 2. 1993. 12-A MEMORANDUM OF UNDERSTANDING/POLICE OFFICERS' ASSOCIATION The resolutton authonzmg the CIty Manager to execute a Memorandum of Understandmg with the Santa Moruca PolIce Officers' AssocIation (SMPOA) was contmued to the meeting of November 2, 1993 14-A ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS The annual appomtments of members to Boards and ComnnsslOns was contInued to the meeting of November 2, 1993 October 26, 1993 6 I I I I I I 229 14-B COUNCIL PROCEDURES The request of CouncIlmember Rosenstern to dISCUSS consIderation of Councd procedures was contrnued to the meeting of November 2, 1993 14-C. STREET SWEEPING HOURS The request of Counctlmember Olsen to dISCUSS dlrectmg staff to prepare a report on the feasIbIlIty of changing street sweepmg hours to after 9:00 A.M m reSIdential areas was conhnued to the meenng of November 2, 1993 14-D CRIME STATISTICS/PARENTING REFERRAL PROGRAM The request of Councdmember Greenberg to dIscuss directing the City Attorney to prepare stanstics regarding prosecution of all cnmes and cases mvolvmg publIc safety ordmances and to estabhsh a parentmg referral program based on the Los Angeles Cny Attorney's Parentmg Program was continued to the meeting of November 2, 1993 ADJOURNMENT At 11:05 PM, the meetmg was adjourned to November 2, 1993, at 6 30 P M ATTEST' APPROVED 9-4 JJ,i ~~/4~ ClarIce E. Dykhouse CIty Clerk Judy Abdo Mayor October 26, 1993 7