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M-2/16/1993 I I I 7 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 16, 1993 An adjourned meeting of the Santa Monica city Council was called to order by Mayor Abdo at 6:42 P.M. on Tuesday, February 16, 1993, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez Councilmember Ken Genser (arrived at 6:45 P.M.) Councilmember Asha Greenberg councilmember Robert T. Holbrook Councilmember Kelly Olsen Councilmember Paul Rosenstein Also Present: City Manager John Jallli Acting City Attorney Joe Lawrence City Clerk Clarice E. Dykhouse Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. Councilmember Genser reported present at 6:45 P.M. 7-A: APPEAL/CUP 92-04l/ALCOHOL LICENSE/HAMBURGER HAMLET/1245 3RD STREET: Presented was the appeal of CUP 92-041 requesting a Type 47 (on-sale general) alcohol license in conjunction with a 246 seat restaurant at 1245 3rd Street. Applicant/Appellant: Hamburger Hamlet of Santa MonicaJ Inc. Council asked questions of staff. Paul Brockman, representing the applicant/appellant, spoke in favor of the appeal. Council asked questions of Mr. Brockman. Planning commissioner Jennifer Polhemus spoke in opposition to the appeal but if the appeal is approved she urged Council to impose a 15% limit on alcohol sales. Members of the public Dana Stiebel, Betty Bunnell, Richard Tumpowsky, Sherrod Marshall, and Bob Resnick spoke in support of the appeal. Housing Commissioner Ken Schonlau, and members of the public Stephanie Barbanell, and Jerry Bass spoke in opposition to the appeal. Councilmember Genser moved to hear late chits. Second by Councilmember Holbrook. The motion was unanimously approved. Member of the public Herb Lundin spoke in support of the appeal. Member of the public Joy Fullmer expressed her concerns. Applicant/appellant Brockman presented his rebuttal. Council asked questions of Mr. Brockman. councilmember Holbrook moved to uphold the appeal and approve Conditional Use Permit 92-041 with the findings and conditions contained in the Planning Commission staff report with the stipulation that alcohol sales not exceed 35% of gross sales. Council asked questions of staff. Second by Mayor Abdo. Discussion was held. councilmember Genser moved to amend the motion to stipulate that alcohol sales not exceed 35% in anyone month and 25% annually. Second by 1 February 16, 1993 8 Councilmember Olsen. Discussion was held. The amendment failed by the following vote: council vote: Affirmative: Councilmembers Genser, Olsen, Vazquez I Negative: Councilmembers Greenberg, Holbrook, Rosenstein, Mayor Abdo The main motion was approved by the following vote: Council vote: Affirmative: councilmembers Greenberg, Holbrook, Rosenstein, Mayor Abdo Negative: Councilmembers Genser, Olsen, Vazquez Mayor Pro Tempore Vazquez requested that the record reflect that he voted "noli on this motion based on the information presented to Council, specifically he is uncomfortable with the 35% limitation on sales of alcohol. Councilmember Genser requested that the record reflect that he disagrees with council's action in that he does not believe that the motion adequately protects the community over the long term to ensure that this is the type of establishment which would be compatible with the district; had appropriate restrictions been inserted, he would have voted "yes." Councilmember Holbrook requested that the record reflect that he feels that Hamburger Hamlet is a responsible restaurant operator and that a 35% maximum gross sales of alcohol at their restaurant is consistent with ensuring that the site will not become a bar at some future date. I Councilmember Rosenstein moved to hear Item No. 9-B at this time. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was unanimously approved. At 8: 45 P.M., Council adjourned for a short recess. reconvened at 9:00 P.M. with all members present. Council 9-B: POLICING ISSUES/CRIME REDUCTION/PICO NEIGHBORHOOD: Presented was the staff report regarding policing issues and crime reduction in the pico Neighborhood. Council asked questions of staff. Member of the public James Johnson discussed improved conditions in pico Neighborhood and spoke in support of the staff recommendation. Member of the public Joy Fullmer expressed her concerns. Member of the public Irene zivi discussed the importance of youth-serving programs. Member of the public Anthony Fierro made suggestions. Member of the public Robert Sykes discussed improved conditions in pico Neighborhood. Member of the pUblic Edward Bell spoke in support of the staff I recommendation and urged continuation of police presence in Virginia Park and implementation of bicycle patrols. Member of the public Art Casillas discussed problems being experienced in 2 February 16, 1993 I I I 9 Pico Neighborhood and spoke in support of community-based policing. Member of the public Josh Meyer spoke in support of the staff recommendation and community-based policing. Member of the public Peter Tigler spoke in support of the staff recommendation. Councilmember Holbrook moved to hear a late chit. Second by Councilmember Genser. The motion was unanimously approved. Member of the public Nati Vazquez discussed improved conditions in pico Neighborhood and emphasized the need for jobs and educational opportunities as well as recreational and cultural activities for youth and interaction with police. Council asked questions of staff. Councilmember Holbrook moved to direct staff to proceed with implementation of the initiatives in the report and report back periodically with progress reports. Second by Councilmember Greenberg. Discussion was held. councilmember Genser moved to amend the motion to include language to broaden the range of members beyond those of organized religions and directed staff to develop a mechanism for ongoing dialogue through a community council. The amendment was accepted as friendly. Discussion was held. Councilmember Genser moved to amend the motion that the progress reports be discussed in a public meeting. The amendment was accepted as friendly. The motion as amended was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Greenberg moved to return to Item No. 8-A at this time. The motion was duly seconded and unanimously approved. 8-A: DISQUALIFICATION OF FORMER CITY OFFICIALS AND EMPLOYEES: Presented was an ordinance for introduction and first reading amending Chapter 2.08 Article 2 of the Santa Monica Municipal Code relating to disqualification of former City officials and employees. Council asked questions of staff. At 10:55 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 10:57 P.M. Discussion was held. Councilmember Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2.08 OF ARTICLE 2 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO DISQUALIFICATION OF FORMER CITY OFFICIALS AND EMPLOYEES," with the staff amendments, reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Vazquez. Council asked questions of staff. Councilmember Genser moved to amend his motion that Section 2.08.040(d) read, "No former City official, within two (2) years after his or her office holding has ceased, shall accept any position of employment or management, for compensation, or act as a director or officer, for compensation, of any organization or entity which..." The amendment was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Rosenstein moved to extend the meeting to 11: 10 P.M. Second by Councilmember Holbrook. Discussion was held. 3 February 16, 1993 10 Councilmember Genser moved a substitute motion to hear Item No. 9-C and continue Item No.9-A. Second by Mayor Abdo. Discussion was held. The motion was approved, councilmembers Holbrook and I Rosenstein opposed. Councilmember Genser moved to extend the meeting to the end of Item No.9-C. second by Councilmember Olsen. The motion was approved, councilmembers Holbrook and Rosenstein opposed. Councilmember Holbrook excused himself from the meeting at 11:15 P.M. 9-C: CHANGE VARIOUS VEHICLE AND PARKING-RELATED INFRACTIONS TO CIVIL OFFENSES/REVISE AMOUNT OF VARIOUS FINES: Presented was the staff report recommending authorization to the City Manager to negotiate and execute agreements to implement the administrative provisions of AB408 and direct the city Attorney to prepare an ordinance amending the Santa Monica Municipal Code to change various vehicle and parking-related infractions to civil offenses and revise the amount of various fines. Council asked questions of staff. Member of the public JOY Fullmer expressed her concerns. Councilmember Genser moved to authorize the City Manager to negotiate and execute appropriate agreements with the Santa Monica Municipal Court and Westside City Summit members to implement jointly the administrative provisions of AB40a and direct the city Attorney to prepare an ordinance amending the City'S Municipal Code to change various vehicle and parking-related infractions to civil offenses, incorporating the I other substantive changes outlined in the staff report, and revising the amount of fines to be consistent with those used by the cities of Beverly Hills and West Hollywood, with the understanding that the proposal to make fines consistent with Beverly Hills and West Hollywood is for administrative convenience and may not continue indefinitely. Second by Mayor Pro Tempore Vazquez. The motion was approved by the following vote: Council vote: Affirmatve: Councilmembers Genser Greenberg, Olsen, Rosenstein, Vazquez, Mayor Abdo. Absent: Councilmember Holbrook 9-A: COMMERCIAL DEVELOPMENT STANDARDS PROGRAM ENVIRONMENTAL IMPACT REPORT: The recommendation to review Commercial Development Standards Program Environmental Impact Report and direct the City Attorney to prepare an implementing ordinance was continued to the meeting of March 2, 1993. 9-D: CLOSED SESSION: Not held. 14-A: APPOINTMENT OF MEMBER/PIER RESTORATION CORPORATION: The appointment of a member to the pier Restoration Corporation Board I of Directors was continued to the meeting of February 23, 1993. 4 February 16, 1993 I I I 11 14-B: ZONING ORDINANCE AMENDMENTS/CAR WASHES: The request of Mayor Abdo to discuss zoning ordinance amendments to identify appropriate zoning districts and permit process to allow car washes was continued to the meeting of February 23, 1993. 14-C: CROSSWALKS/MONTANA AVENUE: The request of councilmember Olsen to discuss directing staff to replace and install paved over crosswalks on Montana Avenue was continued to the meeting of February 23, 1993. ADJOURNMENT: At 11:20 P.M., the meeting was adjourned to 6:30 P.M., February 23, 1993, in memory of Rosemary Boin. ATTEST: APPROVED: Clarice E. Dykhouse city Clerk Judy Abdo Mayor 5 February 16, 1993