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M-3/7/1989 123 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 7, 1989 An adjourned regular meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:44 p.m., on Tuesday March 7, 1989 to consider items continued from the meeting of Februrary 28, 1989. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser Councilmember William H. Jennings councilmember Herb Katz Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Councilmember Genser led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. CLOSED SESSION: Not held. 8 -A: RESTAURANT ON MAIN STREET: Presented was a staff report transmitting an ordinance for introduction and first reading regarding modification of Section 9023.7 of the Zoning Ordinance regarding restaurants in CM District. At 7:45 p.m., Mayor Zane opened the public hearing. Joy Fullmer expressed her concerns regarding the proposed Zoning Ordinance modification. Jay Fiondella spoke in support of the proposed modification. Laurel Roennau spoke in support of the proposed modification and urged that there be no more restaurants permitted within the Main street area, and no more changes in the Main street Plan until review of the Plan has been completed by a group consisting of merchants and community residents. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 7: 55 p. m. Councilmember Katz moved to introduce for first reading the ordinance ent~tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9023.7 TO ALLOW A FIFTH RESTAURANT ON BLOCK 6 OF MAIN STREET AND TO PROHIBIT NEW RESTAURANTS ON MAIN STREET, II reading by title only and waiving further reading thereof, and to adopt the findings set forth in the staff report dated February 28, 1989. Second by Councilmember Reed. The motion was approved by the following vote: 1 March 7, 1989 Council vote: Affirmative: Councilmembers Finkel, Katz, Reed, Mayor Zane Jennings, Negative: Councilmembers Abdo, Genser 8-B: SEATING RESTRICTIONS/YOGURT AND ICE CREAM STORES/MAIN STREET SPECIAL DISTRICT: Presented was a staff report transmitting an ordinance for introduction and first reading modifying Section 9023.2 (b) 13 to eliminate the "No Seating" restriction for ice cream, yogurt, and frozen dessert stores in the Main Street special Commercial District. Council asked questions of staff. At 8:07 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer, Jay Ban, and Sherman Stacey spoke in support of the proposed ordinance. Steve Spencer and Laurel Roennau spoke in opposition. At 8:25 p.m., there being no one else wishing to speak, Mayor Zane declared the public hearing closed. Discussion was held. Mayor Pro Tempore Finkel moved to introduce for first reading the ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9023.2 RELATING TO PERMITTED USES IN THE CM MAIN STREET SPECIAL COMMERCIAL DISTRICT, II 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, Jennings, Katz, Mayor Zane Negative: Councilmember Reed 8-F: REFUSE COLLECTION AND RECYCLING ACTIVITIES: An ordinance for introduction and first reading amending Chapter 2 of Article V of the Santa Monica Municipal Code to reflect changes in the City's refuse collection and recycling activities was withdrawn at the request of staff. II-A: COMMERCIAL ALLOTMENT PROGRAM: Presented was a staff report transmitting a recommendation to direct the preparation of an ordinance establishing a Commercial Allotment Program. Council asked questions of staff. At 10:10 p.m., Council adjourned for a short recess. At 10:25 p.m., Council reconvened with all members present and Mayor Zane declared the pUblic hearing opened. Joy Fullmer, Rick Mills, Duke Kelso, and Jim Shanahan expressed their concerns regarding the proposed program. Chris Harding, penny Perlman, Laurel Roennau, David Rhodes, Bill Putnam, Sherman stacey, Ed Villanueva, and Betty Bunnell spoke in opposition to the proposed program. Peter Berke, Peter Tigler, Kathleen Schwallie, Eric Chen, Conrad M. Melilli, Jack Baptista, and Paula Achter spoke in support of the proposed Commercial Allotment Program. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 11: 50 p.m. Counci1member Katz moved to extend the meeting to 1: 00 a.m. Second by Mayor Pro Tempore Finkel. The motion was approved. 2 March 7, 1989 124 l.LJ Discussion was held. During discussion, staff was directed to schedule a special study session to present responses to some of the concerns that were raised by Council and members of the public at this public hearing, and that a public hearing will be scheduled at a subsequent meeting. Councilmember Reed requested that the study session be held, if possible after the installation of cable casting equipment in the council Chambers so that all residents have access to the information. Il-B: CLOSED SESSION: Held later in the meeting. 12-A: C.U.P. 88-102/CONDOMINIUM PROJECT/lS31 12TH STREET: Presented was an appeal of Planning Commission approval of Conditional Use Permit 88-012 to permit construction of a three story, 36' a" high, nine unit condominium constructed over 20 subterranean parking spaces in the R3 district at 1531 12th street. Applicant: Paul Zahler for PMA Development. Appellant: Mayor Pro Tempore David Finkel, continued from February 14, 1989. Council asked questions of staff. councilmember Reed moved to grant five minutes to the applicant, as well as the appellant, with the appellant to have rebuttal time at the end of the appeal. Second by Councilmember Katz. The motion was unanimously approved. Councilmember Katz moved to grant the appellant an additional five minutes to present a video regarding the appeal. Second by Councilmember Abdo. The motion was unanimously approved. Paula Achter represented the Santa Monica Residents and Property Owners Adjacent to 1531 12th street. Ms. Achter presented a video and spoke in support of the appeal. Rick Mills, Paul Zahler, and Jay Charles spoke on behalf of the appellant in support of the proposed development. Members of the public John Maloney, Jon Mandel, Robert Brain, Peter Tigler, Ralph siegemund, Joan Siegemund, stephan Sieg-eround-Sroka, and Mike Young spoke in support of the appeal. Councilmember Katz moved to extend the meeting to 1:30 a.m. Second by Councilmember Genser. The motion was approved, Councilmember Jennings opposed. Ms. Achter spoke on behalf of the appellant in rebuttal to comments made by the applicant. Member of the public Peter Berke spoke in support of the appeal. Councilmernber Katz moved to deny the appeal and support the proj ect. Second by Councilmember Reed. Discussion was held. The motion to deny the appeal was approved by the following vote: Council vote: Unanimously approved 7-0 14-A: ASSEMBLY BILL 5 (HANSEN)/MOTORCYCLE SAFETY: The request of Mayor Zane to discuss support of AB 5 (Hansen) concerning motorcycle safety, continued from February 14, 19a9, was withdrawn at his request. 14-B: ARTS COMMISSION: The matter of the appointment of a member to the Arts Commission was withdrawn at the request of staff, to be considered at a later date. 3 March 7, 1989 lLb 14-C: RESIGNATION OF MEMBER FROM THE RECREATION AND PARKS COMMISSION: Presented was the matter of the acceptance of a letter of resignation from Rosemarie Menchaca of the Recreation and Parks Commission and authorization to the city Clerk to publish notice af vacancy. councilmember Reed moved to receive wi th regret Ms. Menchaca's resignation from the Recreation and Parks Commission, and to authorize the City Clerk to publish a notice of vacancy. Second by Cauncilmember Katz. The motion was unanimously approved. 14-0: SECURITY AT SANTA MONICA WEST MENTAL HEALTH SERVICE: The request of Mayor Pro Tempore Finkel to discuss methods to provide greater and safer care for employees, staff and patients at Santa Monica West Mental Health Service at 1525 Euclid street, and request Council to send condolences to the family of Robbyn Pan itch , psychiatric social 'Worker, who was slain there was continued to the City Council meeting of March 28, 1989, as a "5" item. Councilmember Genser informed Council of his intent to write a letter to legislators regarding funding for mental health services. 11-B: CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the City. At 1:25 a.m., Council adjourned to Closed Session to consider the following case: David Wayne Louie v. city of Santa Monica, at al., Los Angeles Superior Court Case No. C 571 527. At 1: 26 a.m., Council reconvened with all members present. Mayor Zane announce a settlement in the Case of David Wayne Louie in the amount of $30,000. 15. PUBLIC INPUT: There were no members of the public wiShing to speak. ADJOURNMENT: The City Council meeting was adjourned at 1:27 a.m. Mayor Zane, with Council concurrence, cancelled the regular meeting of March 21, 1989. ATTEST: APPROVED: Clarice E. Johnsen city Clerk Dennis Zane Mayor 4 March 7, 1989 127 NOTICE OF CANCELLATION OF MEETING OF SANTA MONICA CITY COUNCIL MARCH 14, 1989 NOTICE IS HEREBY GIVEN that the regularly scheduled meet~ng of the Santa Mon~ca C~ty Council to be held at 7:30 P.M., on Tuesday, March 14, 1989, In the Council Chambers, 1685 Maln Street, Santa Monlca, has been cancelled by actlon of the Clty Council at the meetlng held February 28, 1989. Lf~ ~larlce E. JOhnsef, CMC Clty Clerk