M-2/16/1993
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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
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Councilmember Olsen. Discussion was held. The amendment failed
by the following vote:
council vote: Affirmative: Councilmembers Genser, Olsen,
Vazquez
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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.
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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
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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.
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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.
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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
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