M-1/29/1991
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 29, 1991
An adjourned meeting of the Santa Monica City council was called
to order by Mayor Abdo at 7:40 P.M., on Tuesday, January 28,
1991, in the council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Ken Genser
councilmember Robert T. Holbrook
councilmember Herbert Katz
Councilrnember Kelly Olsen
councilmernber Antonio Vazquez
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
city Clerk Clarice E. Johnsen
Councilrnember Katz 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,
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 Councilmember Holbrook. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The minutes of the City Council meeting
of January 8, 1991, were approved as presented.
6-S: COMPENSATION ADJUSTMENTS/CALIFORNIA LEAGUE OF CITY EMPLOYEE
ASSOCIATION JOB CLASSIFICATIONS: Resolution No. B170(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING SALARY RATE FOR CLOCEA CLASSIFICATIONS," thereby
approving compensation adjustments for various California League
of city Employee Association (CLOCEA) jOb classifications, was
adopted.
END OF CONSENT CALENDAR
7-A: APPEAL/CUP 90-065/RESTAURANT/2435 MAIN STREET: Presented
was an appeal of Planning Commission conditions of approval for a
Conditional Use Permit which modified the conditions of approval
for a previously-approved restaurant located at 2435 Main street.
Council asked questions of staff. Discussion was held.
Councilmember Zane moved to allow Councilmember Olsen to yield
his speaking time as an appellant to a member of the public.
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Second by Councilmember Katz. The motion was unanimously
approved. steve Spencer, speaking on behalf of appellant
councilmember Olsen, spoke in support of the staff recommendation
as amended. Abby Sher, speaking on behalf of the
Applicant/Appellant, spoke in support of the staff recommendation
as amended. council asked questions of Applicant/Appellant
Rockenwagner. councilmember Katz moved to approve both appeals
of Conditional Use Permit 90-065 subject to findings and
conditions, which reflect the joint proposal to modify the
Planning Commission conditions of approval by the applicant and
Second Street neighbors and otherwise incorporate the Planning
Commission's conditions of approval, as amended by Councilmember
Olsen in the following manner: 1) The addition of a new
condition stating, I1Except for the provisions of Condition No.4,
which allow for patrons waiting to be seated to be served an
alcoholic beverage, alcoholic beverages will only be sold to
those with the intent of purchasing meals;" 2) Condition No. 11
should stipulate that the valet parking may not come out of Main
street and back into a parking stall in order to give the car
back to the owner; 3) There should be three valet parking stalls
- 2 for dropping off and 1 for picking up; and 4) The valet
parking service is not to interrupt the pedestrian flow on the
sidewalk. Second by Councilmember Zane. Discussion was held.
The motion was approved by the following vote:
Council vote: unanimously approved 7-0
a-A: REFUSE COLLECTION: Presented was an ordinance for
introduction and first reading authorizing the Director of
General services to require more frequent refuse collection for
certain commercial customers. Council asked questions of staff.
At 8; 17 P.M., Mayor Abdo declared the pUblic hearing opened.
Member of the public Joy Fullmer expressed her concerns. Mayor
Abdo closed the public hearing at 8: 20 P.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 5227 TO
AUTHORIZE THE DIRECTOR OF GENERAL SERVICES TO REQUIRE BUSINESSES
USING PRIVATE REFUSE HAULERS TO HAVE REFUSE COLLECTED UP TO SIX
DAYS PER WEEK," reading by title only and waiving further reading
thereof. Second by Councilmember Olsen. The motion was approved
by the following vote:
Council vote: Unanimously approved 7-0
8-B: REFUSE BINS ON CITY PROPERTY: Presented was an ordinance
for introduction and first reading amending Santa Monica
Municipal Code Section 5216 permitting the establishment of fees
for properties that store refuse bins on City property. At 8:21
P.M., Mayor Abdo declared the public hearing open. Member of the
pUblic Joy Fullmer expressed her concerns. Mayor Abdo closed the
pUblic hearing at 8:25 P.M. Councilmember Olsen 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 5216 PERMITTING THE ESTABLISHMENT
OF FEES FOR PROPERTIES THAT STORE REFUSE BINS ON CITY PROPERTY,"
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January 29, 1991
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reading by title only and
Second by Councilmember Zane.
following vote:
council vote: Unanimously approved 7-0
wa~v~n9 further reading thereof.
The motion was approved by the
8-C: BUSINESS LICENSE FEES: Presented was an ordinance for
introduction and first reading adding Section 60l5a to the Santa I
Monica Municipal Code to permit the waiver or refund of the
business license fees in certain circumstances. Council asked
questions of staff. At 8:35 P.M., Mayor Abdo declared the public
hearing opened. Member of the public Joanne Donovan spoke in
support of the proposed ordinance. Mayor Abdo closed the public
hearing at 8:38 P.M. Council asked questions of staff. 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 ADDING SECTION 6015a TO THE SANTA MONICA
MUNICIPAL CODE TO PERMIT THE WAIVER OR REFUND OF BUSINESS LICENSE
FEES IN CERTAIN CIRCUMSTANCES," including amended language
proposed by the Postmaster to be substituted for the phrase
"operational problems" with the phrase, "unusual operational
problems or natural disasters which may have created the
possibility that the postmark could be delayed or the mail lost,"
reading by title only and waiving further reading thereof.
Second by Councilmember Katz. As a result of Council discussion,
Mayor Abdo, with council's concurrence, directed staff to include
on the outside of the return mail envelope, a statement that
filers could face a penalty for filing late. The motion was
approved by the fOllowing vote:
council vote: Affirmative: Councilmembers Genser,
Katz, Vazquez, Zane
Holbrook,
Negative: Councilmember Olsen, Mayor Abdo
10-A: COMMUNITY DEVELOPMENT BLOCK GRANT: Presented was a staff
report recommending encouragement of public comment on the
FY1990-9l Community Development Block Grant Program and approval
of the funding rationale as specified in the staff report, as
well as authorization of the City Manager to implement the grant
funding process within the timelines specified. Council asked
questions of staff. At 9:10 P.M., Mayor Abdo declared the public
hearing open. Member of the public John Smith spoke in support
of the staff recommendation that funding be specifically
allocated for AIDS outreach, prevention, and education services,
as well as homelessness issues, particularly with regard to
homeless youth, and youth services. Member of the public JOY
Fullmer expressed her concerns. Member of the pub I ic steve
Spencer spoke in support of AIDS outreach, prevention, and
education services and urged Council to take care in not
duplicating services which are already in existence and
specifically not require an AIDS office within the city. Member
of the pUblic Arturo Olivas spoke in support of services to the
Latino community and funding for persons who have been infected
with the HIV virus. Mayor Abdo closed public hearing at 9:23
P. M. Council asked questions of staff. Discussion was held.
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Councilmember Zane moved to approve the ~991-92 Community
Development Funding Rationale, including addition of language
with respect to outreach to the minority community. Second by
Councilmember Olsen. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
14-A: BUSINESS GOVERNMENT COUNCIL TO END HOMELESSNESS: The
request of Councilmember Zane to discuss approval of continued
funding for Business Government council to End Homelessness was
continued to the meeting of February 19, 1991, and incorporated
into a comprehensive report to be prepared by staff and presented
at that meeting.
14-B: VACANCIES/BAYSIDE DISTRICT CORPORATION: Councilmember
Zane moved to accept with regret the letters of resignation from
Ernest Kaplan and Jacki Tadich from the Bays ide District
Corporation and a letter from Tom Carroll, Director, regarding a
vacancy due to the death of Dr. Joseph H. Mont, and authorize the
City Clerk to publish a Notice of Vacancies. Second by
Councilmember Katz. The motion was unanimously approved.
14-C: CITY SERVICES/LATINO COMMUNITY: Presented was the request
of Councilmember Vazquez to discuss directing staff to provide
information on City services targeted to the Latino community.
Discussion was held. Councilmernber Vazquez moved to direct staff
to prepare a report showing services which are currently being
provided to the Latino Community and a status report on
bi-lingual staffing and areas where deficiencies may exist along
with steps taken to remedy the si tuation. Second by
Councilmember Holbrook. The motion was unanimously approved.
14-0: INTERIM ZONING STANDARDS: Presented was the request of
Mayor Abdo to discuss interim zoning standards for the R2R and
OP-2 Districts. Mayor Pro Tempore Genser was excused from the
portion of the discussion relating to the R2R District due to a
possible conflict of interest. Mayor Abdo moved to modify the
height limit in the R2R District so that it is the same as the
height permitted in the OP-2 District; to permit front porches to
encroach into the front yard setback in the R2R District; and to
direct staff to prepare an interim ordinance implementing the
above two changes. Second by Councilmember Katz. The motion was
unanimously approved, Mayor Pro Tempore Genser absent.
Mayor Pro Tempore Genser returned to the dais. Mayor Abdo moved
to direct staff to prepare an interim ordinance to modify the
height limits in the OP-2 District to reduce the permitted height
on sloping lots and to make all projects deemed complete after
January 22, 1991, SUbject to these interim standards. Second by
Councilmember Katz. The motion was unanimously approved.
14-E: WAR IN THE PERSIAN GULF: Presented was the request of
Mayor Abdo and Councilmember Zane to discuss asking Council to
create an opportunity for Santa Monica citizens to express their
feelings about the war in the Persian Gulf. Councilmember Zane
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moved to direct staff to develop a recommendation for
consideration at the February 19, 1991, Council meeting on
sponsoring a public forum to discuss the war in the Persian Gulf.
Second by councilmember Katz. Discussion was held. The motion
was unanimously approved.
14-F: CONSTRUCTION RATE PROGRAM: Presented was the request of
Mayor Pro Tempore Genser to discuss direction to the city I
Attorney to prepare an ordinance which would extend the
"construction rate" program, currently in effect between wilshire
and Montana, Ocean Avenue and 14th street, to all multi-family
neighborhoods in the city. Mayor Pro Tempore Genser moved to
direct staff to prepare an ordinance, or interim ordinance,
pending completion of any environmental review. Second by
Councilmember Olsen. Discussion was held. council asked
questions of staff. Councilmember Katz moved a substitute motion
to conduct a public hearing for input and then prepare an
ordinance, if deemed necessary. Second by Councilmember
Holbrook. council asked questions of staff. Discussion was
held. The substitute motion failed by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Katz
Negative: Councilmernbers Genser, Olsen,
Vazquez, Zane, Mayor Abdo
The original motion was approved by the following vote:
Council vote: Unanimously approved 7-0
14-G: BAN OF CIGARETTE VENDING MACHINES: Presented was the
request of Councilmember Katz to direct the city Attorney to
prepare an ordinance banning all cigarette vending machines.
Councilmember Katz moved to direct the City Attorney to prepare
an ordinance banning all cigarette vending machines. Second by
Councilmember Zane. Discussion was held. The motion was
unanimously approved.
14-H: SPANISH LANGUAGE INTERPRETIVE SERVICES: Presented was the
request of Mayor Pro Tempore Genser to discuss directing staff to
provide Spanish language interpretive services, on a "by request"
basis at future Council meetings and other city meetings and
events as appropriate. Mayor Pro Tempore Genser moved to direct
staff to implement interpretive services for future council
meetings. Second by Councilmember Vazquez. Councilmember
Vazquez moved to amend the motion to direct that information and
postings include language in Spanish indicating that interpretive
services are available. The amendment was accepted as friendly.
Discussion was held. The motion was unanimously approved.
14-1: LErTER OF RESIGNATION/SOCIAL SERVICES COMMISSION:
Councilmember Zane moved to accept with regrets the letter of
resignation of Raquel Kairoff from the Social Services commission
and authorize the City Clerk to publish a Notice of Vacancy.
Second by Mayor Pro Tempore Genser. The motion was unanimously
approved.
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14-J: REVIEW OF CONTRACTS/GIFTS OF PUBLIC ART: Presented was
the request of Councilmember Holbrook to discuss council review
of all installation/construction contracts pertaining to gifts of
public art prior to the execution of these contracts. Discussion
was held. Council asked questions of staff. Councilmember
Holbrook moved that council review installation contracts when
required of gifts of art to the city. The motion died for lack
of a second.
15: PUBLIC INPUT: Member of the public Joy Fullmer addressed
Council regarding the Gulf War and its resultant implications and
effects. Member of the public Art Casillas addressed Council
regarding gangs and drugs.
CLOSED SESS ION: At 10: 40 P. M. , Council adj ourned to Closed
session for the purpose of discussing pending litigation in the
cases of Goldstein v. City of Santa Monica, Van Nuys Superior
Court Case No. WEC 040 402; Tobias v. City of Santa Monica, et
al., Santa Monica Superior Court Case No. WEC 122 016; Dauteuil
v. city of Santa Monica, Santa Monica Superior court Case No.
WEC 125 173; Latasa, et al. v. city of Santa Monica, Santa Monica
Superior Court Case No. WEC 120 615. Council also considered the
purchase of property located at 505 Olympic Boulevard, Santa
Monica. The negotiators for the City are John Jalili and Lynne
Barrette. The negotiator for the owners of the property is John
Kaufman. The legal authority for holding a Closed Session on
real estate transactions is Government Code Section 54956.8. At
11:16 P.M., Council reconvened with all members present.
Mayor Abdo moved to approve settlements in the case of Goldstein
v. City of Santa Monica, in the amount of $25,270; Tobias v. City
of Santa Monica, et al., in the amount of $41,185; Dauteuil v.
City of Santa Monica, in the amount of $50,000; and Latasa et al.
v. City of Santa Monica in the amount of $75,000. Second by
Mayor Pro Tempore Genser. The motion was unanimously approved.
ADJOURNMENT: At 11:16 P.M., the meeting was adjourned to
February 19, 1991, in memory of Harry Spitzer.
ATTEST:
APPROVED:
~
$tJ4
Judy Abdo
Mayor
Clarice E.
City Clerk
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January 29, 1991
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NOTICE OF CANCELLATION OF MEETING OF
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SANTA MONICA CITY COUNCIL
FEBRUARY 12, 1991
NOTICE IS HEREBY GIVEN that the regular scheduled meet1ng
of the Santa Mon1ca C1ty Counc11 to be held at 7:30 P.M.,
on February 12, 1991, 1n the Counc11 Chambers, 1685 Ma1n
Street, Santa Mon1ca, has been cancelled by actlon of the
C1ty Councl1 at the meetlng of January 22, 1991.
~ rY/}/
Clarlce E. JOhnS~
Clty Clerk