M-10/27/1992
399
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
I
OCTOBER 27, 1992
A regular meeting of the Santa Monica city council was called to
order by Mayor Genser at 7:45 P.M. on Tuesday, October 27, 1992,
in the Council Chambers.
Roll Call: Present: Mayor Ken Genser Mayor
Pro Tempore Judy Abdo
Councilmember Robert T. Holbrook
Councilmember Herbert Katz
Councilmember Kelly Olsen
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Also Present: City Manager John Jalili
Acting City Attorney Joe Lawrence
City Clerk Clarice E. Dykhouse
Councilmember Katz led the assemblage in the Pledge of Allegiance
to the Flag of the United States of America.
4-A: OUTSTANDING ACHIEVEMENT AWARD/AMERICAN PUBLIC TRANSIT
ASSOCIATION/SANTA MONICA MUNICIPAL BUS LINES: Mayor Genser I
presented an outstanding achievement award to the Santa Monica
Municipal Bus Lines from the American Public Transit Association.
4-B: EMERGENCY VOLUNTEER AIR CORP PILOTS: Mayor Genser
presented a commendation to the Emergency Volunteer Air corp
pilots in recognition of their efforts with the airlift of strike
teams responding to the mutual aid request for the Rainbow brush
fire. Fire Chief Montenero presented a fire chief's commendation
to Captain Tom Rigner for his efforts in the initiation and work
with the EVAC program.
Discussion was held. Mayor Pro Tempore Abdo moved to hear from
the six individuals who are registered to speak on Item No. 13-C
at this time and if other individuals register to speak after
this time that they be heard when Item No. 13-C would normally be
considered. Second by Councilmember Katz. The motion was
unanimously approved.
13-C: POLICE SERVICE/PICO NEIGHBORHOOD: Presented was the
request of Rosemary Cuadros, H. Craig wilson, M. J. Bell, and Ed
Bell to address Council regarding police service in the pico
Neighborhood. Member of the public Monroe Allen expressed
concern with the safety of the pico Neighborhood and spoke in
support of the imposition of a curfew. Member of the public Art
casillas expressed concern with the safety of Pica Neighborhood I
and spoke in opposition to the imposition of the curfew as
currently written. Discussion was held. Council asked questions
of Police Chief Butts. Mayor Genser moved to ask the police
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department to continue its commitment to provide necessary
resources to provide adequate police protection in the Pico
Neighborhood, report back to Council with regard to any
enhancements of staffing which are necessary to protect the Pico
Neighborhood, and a plan of action for enhancing police services
in the pico Neighborhood by mid-January 1993. Second by Mayor
Pro Tempore Abdo. Mayor Pro Tempore Abdo moved to amend the
motion to state that Council recognize this issue as a high
priority and directed the police department to place a high
priority on this particular issue. The amendment was accepted as
friendly. Councilmember Vazquez moved to amend the motion and to
direct staff to take responsibility for cleaning up the area
around the cemetery along MiChigan. The amendment was accepted
as friendly. Councilmember Katz moved to amend the motion to add
clean-up in the Pico and 20th street area and consider regular
pol ice patrol s of this area. The amendment was accepted as
friendly. Discussion was held. Councilmember Katz moved to
direct that a discussion be held between the Chief of Police and
the neighborhood regarding curfew or an alternative to it and
return to Council in January 1993. The amendment was accepted as
friendly. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
At 8:55 P.M., Council adjourned
reconvened at 9:00 P.M., with
Councilmember Holbrook.
for a short recess.
all members present
Council
except
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
Katz moved to approve the Consent Calendar, reading resolutions
and ordinances by title only and waiving further reading thereof.
Second by Mayor Pro Tempore Abdo. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen,
Katz, Abdo, Mayor Genser
Absent: Councilmember Holbrook
6-A: MINUTES APPROVAL: The City council minutes of September
29, and October 13, 1992, were approved.
6-B: FAU/TRAFFIC SIGNALS/WILSHIRE BOULEVARD: Resolution No.
8492 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING SUPPLEMENT NO. 14 TO THE LOCAL
AGENCY/STATE AGREEMENT NO. 07-5107 FOR FEDERAL AID URBAN FUNDS
FOR THE UPGRADING AND MODERNIZATION OF TRAFFIC SIGNALS ON
WILSHIRE BOULEVARD," and Resolution No. 8493 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING A "ONE-STEP, REQUEST FOR PROPOSAL" METHOD TO HIRE A
CONSULTANT TO PERFORM THE CONSTRUCTION MANAGEMENT FOR THE
UPGRADING AND MODERNIZATION OF TRAFFIC SIGNALS ON WILSHIRE
BOULEVARD," were adopted.
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6-C: FINAL SUBDIVISION MAP/TRACT NO. 4986l/CONDOMINIUMS/1206-l8
OCEAN PARK BOULEVARD: Resolution No. 8494 (CCS) entitled: itA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA I
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
49861 FOR A PROJECT AT 1206-18 OCEAN PARK BOULEVARD," was
adopted, thereby approving a 20-unit condominium project at
1206-18 Ocean Park Boulevard.
6-D: CLASSIFICATIONS/SALARY RATES: Resolution No. 8495(CCS)
entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES
FOR THE CLASSIFICATIONS OF HOUSING APPLICATION ASSISTANT, POLICE
OFFICER - LATERAL TRANSFER, AND UTILITIES BILLING SPECIALIST,"
was adopted.
END OF CONSENT CALENDAR
Councilmember Holbrook resumed his seat on the dais.
7-A: APPEAL/CUP 90-084/CONDOMINIUMS/1702 APPIAN WAY: The appeal
of Planning Commission approval of CUP 90-084 to allow the
construction of a 10-unit condominium at 1702 Appian Way was
continued to the meeting of January 12, 1993.
Councilmemher Katz moved to hear Item Nos. 7-B and 7-C together.
The motion died for lack of a second.
7-B: APPEAL/CUP 92-028/REDUCED PARKING PERMIT 92-003/RESTAURANT I
AND ENTERTAINMENT FACILITY: Presented was the appeal of CUP 92-
028 and Reduced Parking Permit 92-003 to allow the operation of a
699-seat restaurant and entertainment facility with a Type-47
(on-sale general) alcohol license at 370 Santa Monica Pier
(Sinbad) . Applicant: Russell Barnard/City of santa Monica.
Appellants: Russell Barnard/City of Santa Monica and stephanie
Barbanell. Mayor Genser announced that the Appellants Russell
Barnard and City of Santa Monica withdrew their appeal. Council
asked questions of staff. Appellant Stephanie Barbanell spoke in
support of the appeal and in opposition to the CUP and Reduced
Parking Permit. Applicant Russell Barnard spoke in support of
the CUP and Reduced Parking Permit and in opposi tion to the
appeal. council asked questions of Mr. Barnard. Members of the
public Don Girard, Mitchell Cohen, Ken Golick, Jeanne Baier and
Glen Friedman spoke in support of the project and in opposition
to the appeal. Members of the public Diane Simpson, Jerry Bass,
Jennifer Polhemus, Emmalie Hodgin, A. Marco Turk, Edith Shain,
Suzanne Rabuchin, Ken Schonlau, and John Baron spoke in
opposition to the project and in support of the appeal. Member
of the public Trisha Roth encouraged that a study be conducted on
health impacts of this project.
Mayor Genser moved to continue Item Nos. a-B, a-c, 14-A, and 14-B
to the meeting of November 10, 1992. Second by Councilmember
Zane. The motion was unanimously approved. Mayor Genser moved I
to extend the meeting to 1:00 A.M. Second by Councilmemher Zane.
The motion was approved, Councilmember Katz opposed.
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Members of the pUblic Leigh Kavanaugh, Allen Nicholson, Leslie
Dutton, and Merritt Coleman spoke in opposition to the project
and in support of the appeal. Members of the public Douglas Lowe
and Rosario Perry spoke in support of the project and in
opposi tion to the appeal. Member of the public Lynn Goyne
encouraged Council to delay approval of this project and elicit
public input. Members of the public Ruth Goldway, Bruce Cameron,
spoke in support of both this proj ect and the Ashgrove proj ect
and in opposition to the respective appeals. Councilmember Zane
moved to hear a late speaker. Second by Councilmember Olsen.
The motion was unanimously approved. Member of the public Chris
Nevarez spoke in opposition to the project and in support of the
appeal. Applicant Russell Barnard provided a rebuttal.
Appellant Stephanie Barbanell provided a rebuttal. Council asked
questions of Ms. Barbanell. Councilmember Zane moved to deny the
appeal and uphold the decision of the Planning Commission with
the additional conditions recommended by the Police Chief and the
condition of no greater than 50% alcohol sales to gross receipts.
Second by Councilmember Katz. Discussion was held. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook, Katz,
Vazquez, Zane
Negative: Councilmember Olsen, Mayor Genser
At 12: 05 A. M., Council adj ourned for a short recess.
reconvened at 12:24 A.M., with all members present
Councilmember Katz, who was excused from the meeting.
Council
except
7-C: APPEAL/CUP 92-026/REDUCED PARKING PERMIT 92-002/CABARET AND
RESTAURANT/250 SANTA MONICA PIER: Presented was the appeal of
CUP 92-026 and Reduced Parking Permit 92-002 to allow the
operation of a 376-seat cabaret and restaurant with a Type 47
(on-sale general) alcohol license at 250 Santa Monica Pier (Ash
Grove). Applicant: Ash Grove Enterprises/City of Santa Monica.
Appellants: Ash Grove Enterprises/City of Santa Monica and
Stephanie Barbanell. Mayor Genser announced that the Appellants
Ash Grove Enterprises and City of Santa Monica withdrew their
appeal. Council asked questions of staff. Appellant Stephanie
Barbanell spoke in support of the appeal and in opposition to the
CUP and Reduced Parking Permit. Appl icant Ed Pearl spoke in
opposition to the appeal and in support of the CUP and Reduced
Parking Permit. council asked questions of Mr. Pearl. Member of
the public Trisha Roth encouraged that a study be conducted on
health impacts of this project. Members of the public Joan
Anderson, Carol Wells, patricia Hoffman, Rick Davidson, Jon
Markowitz, and Tim Rosenfeld spoke in support of the project and
in opposition to the appeal. Stephanie Barbanell presented a
rebuttal. Mayor Genser moved to extend the meeting to 1:30 A.M.
Second by Councilmember Zane. The motion was unanimously
approved, Councilmember Katz absent. Councilmember Zane moved to
deny the appeal, uphold the approval of the Planning Commission
and attach the same conditions as attached to the project in Item
No. 7-B as put forth by the Police Chief and the condition of no
greater than 50% alcohol sales to gross receipts. Second by
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Mayor Pro Tempore Abdo. Councilmember Vazquez moved to amend the
motion to require that non-alcoholic beverages also be offered.
The amendment was accepted as friendly. Mayor Genser moved to I
limit the percentage of alcohol sales to 40%. Second by
Councilmember Olsen. The motion failed by the following vote:
council vote: Affirmative: Councilmember Olsen, Mayor Genser
Negative:
councilmembers
Holbrook, Abdo
Zane,
Vazquez,
Absent:
Councilmember Katz
Discussion was held.
following vote:
The main motion was approved by the
Council vote: Affirmative: Councilmembers Zane, Vazquez,
Holbrook, Abdo, Mayor Ganser
Negative: Councilmember Olsen
Absent: Councilmember Katz
8-A: PROHIBITION OF GAME ARCADES/LIMITATIONS ON NUMBER OF
ALCOHOL AND FOOD SERVING ESTABLISHMENTS/C3 AND C3C DISTRICTS:
presented was an emergency ordinance for introduction and
adoption extending the interim ordinance prohibiting game arcades
and establishing limitations on the number of alcohol and food I
serving establishments in specified portions of the C3 and C3C
districts. Council asked questions of staff. At 1: 10 A. M. ,
Mayor Genser declared the public hearing open. Member of the
public Trisha Roth encouraged Council to include a requirement of
Proposition 65 warning signs in ordinances and CUPs. Discussion
was held. Councilmember Zane moved to adopt Ordinance No.
1655 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROHIBITING GAME ARCADES AND ESTABLISHING
LIMITATIONS ON THE NUMBER OF ALCOHOL AND FOOD SERVING
ESTABLISHMENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C DISTRICTS
ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY,"
reading by title only and waiving further reading thereof, with
the following amendments: 1) Section 7 of the ordinance to read,
.. . . . or any other City approvals for billiard parlors, games,
arcades, and other electronic amusements, including dynamic
motion simulators and virtual reality simulators, and similar
uses which are in the judgement of the Planning Director similar
to those enumerated; and amending SECTION 6 (h) to change the
number of food serving establishments which do not sell alcohol
from 0 to 1. Second by Mayor Pro Tempore Abdo. Discussion was
held. The motion was approved by the following vote:
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Council vote: Affirmative: Councilmembers Abdo, Olsen, Vazquez,
Zane, Mayor Genser
Negative: Councilmember Holbrook
Absent: Councilmember Katz
8-B: ON-SITE INCLUSIONARY UNIT DEVELOPMENT REQUIREMENTS/IN LIEU
FEES: The ordinance for introduction and first reading amending
Santa Monica Municipal Code section 9.28.060 and 9.28.080
regarding on-site inclusionary unit development requirements and
in-lieu fees (Proposition R) was continued to the meeting of
November 10, 1992.
8-C: DESIGNATED PARKS DISTRICT/BEACH PARKING DISTRICT/R2 BEACH
PARKING DISTRICT/R3R DISTRICT: The ordinance for introduction
and first reading amending the zoning ordinance by establishing
Part 9.04.08.58 implementing the Designated Parks District;
establishing Part 9.04.08.60 implementing the Beach Parking
District; establishing Part 9.04.08.62 implementing the R2 Beach
District; establishing Part 9.04.08.64 implementing the R3R
District was continued to the meeting of November 10, 1992
8-0: MORATORIUM/MULTIFAMILY RESIDENTIAL DEVELOPMENT: Presented
was the emergency ordinance for introduction and adoption
extending a moratorium on multifamily residential development
with certain exemptions in order to comply with Proposition R.
At 1: 20 A.M., Mayor Genser declared the public hearing open.
There being no one wishing to speak, Mayor Genser closed the
public hearing. Mayor Genser moved to adopt Ordinance No.
1656 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING A MORATORIUM ON MULTIFAMILY
RESIDENTIAL DEVELOPMENT WITH CERTAIN EXEMPTIONS IN ORDER TO
COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE OF AN
EMERGENCY," was adopted, reading by title only and waiving
further reading thereof. Second by Mayor Pro Tempore Abdo. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen,
Holbrook, Abdo, Mayor Genser
Absent: Councilmember Katz
9-A: CLOSED SESSION: Not held.
13-A: GREGORY WIETRZYCHOWSKI/PUBLIC SAFETY/PALISADES PARK/SANTA
MONICA PIER: The request of Gregory wietrzychowski to address
Council regarding public safety in Palisades Park and the Santa
Monica pier was deferred to be heard after Item No. 13-B.
13-B: GLENN S. WALLACE/TATTOOING: Presented was the request of
Glenn S. Wallace to address Council regarding revising Santa
Monica Municipal Code Section 4256 regarding tattooing.
Councilmember Zane was excused from the meeting at 1:25 A.M., due
to illness. Member of the public Samantha Goodman spoke in favor
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of an amendment to the Zoning Ordinance to allow tattooing.
Oiscussion was held. Mayor Genser moved to refer this item to
staff for preparation of a recommendation. Second by I
Councilmember Vazquez. The motion was approved, Councilmember
Olsen abstaining, Councilmembers Katz and Zane absent.
13-A: GREGORY WIETRZYCHOWSKI/PUBLIC SAFETY/PALISADES PARK/SANTA
MONICA PIER: Presented was the request of Gregory Wietrzychowski
to address Council regarding public safety in Palisades Park and
the Santa Monica Pier. Discussion was held. This item was
referred to staff.
councilmember Abdo was excused from the meeting at 1:32 A.M.
13-C: POLICE SERVICE/PICO NEIGHBORHOOD - RESUMED: Mayor Genser
opened the floor to members of the public who did not speak on
this item earlier in the evening. Member of the public Lila
Hakimi thanked Council for their assistance in the Pico
Neighborhood.
Mayor Genser moved to extend the meeting to 1:45 A.M.
Councilmember Vazquez. The motion was unanimously
Councilmembers Katz and Zane absent.
Second by
approved,
14-A: APPOINTMENT OF MEMBER/COMMISSION ON OLDER AMERICANS: The
appointment of a member to the Commission on Older Americans was
continued to the meeting of November 10, 1992.
14-B: ENCAMPMENT ORDINANCE: The request of Councilmember Katz I
to ask Acting City Attorney Lawrence to discuss the enforcement
of the encampment ordinance was continued to the meeting of
November 10, 1992.
14-C: RECONSIDERATION OF COUNCIL ACTION/APPEAL OF PLANNING
COMMISSION DENIAL OF TENTATIVE PARCEL MAP 21159 AND CARIANCE 92-
013/SUBDIVISION OF PARCEL MAP/3222-3232 23RD STREET: Presented
was the request of Councilmember Vazquez to discuss
reconsideration of Council action on september 22, 1992,
regarding Appeal of Planning Commission denial of Tentative
Parcel Map 21159 and Variance 92-013 to allow the subdivision of
a parcel at 3222-3232 23rd Street. Council asked questions of
staff. Councilmember Vazquez moved to continue this item to the
meeting of November 10, 1992. Second by Mayor Genser. The
motion was unanimOUSly approved, Councilmembers Katz and Zane
absent.
14-0: LETTERS OF RESIGNATION/PRITCHARD H. WHITE AIRPORT
COMMISSION/CLARE BRANFMAN - HOUSING COMMISSION: Mayor Genser
moved to accept with regret the letters of resignation from
Pritchard H. White from the Airport Commission and Clare Branfman
from the Housing commission and authorize the city Clerk to
publish a Notice of Vacancy. Second by Councilmember Holbrook.
The motion was unanimously approved, Councilmembers Katz and Zane I
absent.
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14-E: STATE MEASURE 165: Due to the absence of councilmember
Zane, no action was taken with regard to his request to discuss
opposition to State Measure 165 which grants the Governor
constitutional power to reduce certain expenditures to balance
budget during IIfiscal emergency.1I
15: PUBLIC INPUT: Member of the public Willie o. Williams
addressed Council regarding his wrongful discharge from City
employment. Member of the public Merritt Coleman discussed
development standards and National Medical Enterprises'
development agreement. Member of the public Russell Taylor
discussed problems he has been having with the Police Department.
ADJOURNMENT: At 1:47 A.M., the meeting was adjourned.
ATTEST:
APPROVED:
~~~
Mayor
---,,~rfff. - / L?~
Cl~~kh~se
City Clerk
8 October 27, 1992