M-3/7/1989
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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:
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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.
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March 7, 1989
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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.
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March 7, 1989
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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
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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