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M-3/24/1992 208 CITY OF SANTA MONICA CITY COUNCIL MINUTES I MARCH 24, 1992 A regular meeting of the Santa Monica city Council was called to order by Mayor Pro Tempore Abdo at 7:38 P.M. on Tuesday, March 24, 1992, in the Council Chambers. Councilmember Olsen led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. Roll Call: Present: Mayor Pro Tempore Judy Abdo councilmember Robert T. Holbrook (present at 7:40 P.M.) councilmember Herbert Katz councilmember Kelly Olsen councilmember Antonio Vazquez Councilmember Dennis Zane Absent: Mayor Ken Genser Also Present: city Manager John Jalili city Attorney Robert M. Myers city Clerk Clarice E. Dykhouse I Mayor Pro Tempore Abdo noted for the record that Mayor Genser's absence from the meeting has been excused by the City Council. Councilmember Zane moved to let the record reflect that Mayor Genser is on an excused absence. Second by Councilmember Vazquez. The motion was unanimously approved, Mayor Genser absent. 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, with the exception of Item Nos. 6-A, 6-B, and 6-F, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser 6-C: FIVE CITIES ENVIRONMENTAL SUMMIT: Resolution No. 8374 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE I CITY OF SANTA MONICA PERTAINING TO REGIONAL COOPERATION ON SOLID WASTE MANAGEMENT ISSUES, II was adopted, reading by title only and waiving further reading thereof. I March 24, 1992 I I I 209 6-0: STREET RESURFACING/CURB AND GUTTER CONSTRUCTION: Additional funds in the amount of $24,500 for street resurfacing, curb and gutter construction on Montana Avenue, Fourth Street, and California Avenue were allocated as part of the 1990-91 street Resurfacing Program. 6-E: UNDERGROUND TANK REMOVAL AND REMEDIATION: Contract Nos. 5827(CCS) with Lindmark Engineering, Inc., in the amount of $83,190, and 5828(CCS) with HazPak Environmental, Inc., in the amount of $75,220 to provide underground tank removal and remediation services, were approved. END OF CONSENT CALENDAR 6-A: ANNUAL REPORT/CALIFORNIA REVENUE AND TAXATION CODE/RENTAL HOUSING CODE ENFORCEMENT: Presented was the staff recommendation to receive and file an annual report in compliance with California Revenue and Taxation Code Section 17274 regarding rental housing code enforcement for calendar year 1991. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved to receive and file the annual report in compliance with California Revenue and Taxation Code Section 17274 regarding rental housing code enforcement for calendar year 1991. Second by Councilmember Katz. The motion was unanimously approved, Mayor Genser absent. 6-B: PURCHASE OF TRACTOR: Presented was the staff recommendation to award Bid No. 2393 to Inland Empire White GMC. Council asked questions of staff. Member of the public Jesse Small made the suggestion to hire employees to do the work rather than buy a tractor. Councilmember Zane moved to award Bid No. 2393 to Inland Empire White GMC in the amount of $55,635.09 for one tractor for the Solid Waste Management Division, General Services Department. Second by Councilmember Olsen. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser 6-F: 505 OLYMPIC BOULEVARD TENANT RELOCATION PLAN: Presented was the staff recommendation to approve the relocation plan for tenants at 505 Olympic Boulevard. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved to approve the 505 Olympic Boulevard Tenant Relocation Plan with congratulations to staff for a job well done. Second by Mayor Pro Tempore ADdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser 2 March 24, 1992 210 With Council concurrence, Item 8-B was heard before Item 8-A. 8-B: EXEMPTIONS FROM INCLUSIONARY REQUIREMENT: Presented was an I ordinance for introduction and first reading regarding applicability of 1990 revisions to Chapter 4A of the Santa Monica Municipal Code exempting certain applications from inclusionary requirement. council asked questions of staff. At 7: 55 P.M., Mayor Pro Tempore Abdo declared the public hearing open. Member of the pUblic Joy Fullmer expressed her concerns. Mayor Pro Tempore Abdo closed the public hearing at 7:56 P.M. Councilmember Zane moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGARDING APPLICABILITY OF 1990 REVISIONS TO CHAPTER 4A OF THE SANTA MONICA MUNICIPAL CODE," reading by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser a-A: WATER CONSERVATION MEASURES: Presented for introduction and adoption was an emergency ordinance amending Chapter 2A of Article VII of the Santa Monica Municipal Code relating to water conservation measures. council asked questions of staff. At I a: 10 P.M., Mayor Pro Tempore Abdo declared the public hearing open. There being no one wishing to speak, Mayor Pro Tempore Abdo closed the public hearing. Councilmember Zane moved to introduce and adopt Ordinance No. 1616(CCS) entitled: 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII Of THE SANTA MONICA MUNICIPAL CODE RELATING TO WATER CONSERVATION MEASURES AND DECLARING THE PRESENCE OF AN EMERGENCY, II reading by title only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was approved by the fOllowing vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Katz, Holbrook, Mayor Pro Tempore Abdo Absent: Mayor Genser a-c: INTERIM DEVELOPMENT STANDARDS: Presented was an ordinance for second reading and adoption establishing interim development standards for vacant parcels and parcels in residential use, and commercial parcels redeveloped for residential use for Palisades Beach Road between the Santa Monica Pier and the south and north city limit. Council asked questions of staff. councilmember Katz moved to adopt Ordinance No. 16l7(CCS) entitled: II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA I ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR VACANT PARCELS AND PARCELS IN RESIDENTIAL USE, AND COMMERCIAL PARCELS REDEVELOPED FOR RESIDENTIAL USE FOR PALISADES BEACH ROAD BETWEEN THE SANTA 3 March 24, 1992 I I I 211 MONICA PIER ON THE SOUTH AND THE NORTH CITY LIMITS," reading by title only and waiving further reading thereof, with the intent to investigate the issue of overhang proj ections . Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Katz, Holbrook, Mayor Pro Tempore Abdo Negative: councilmember Olsen Absent: Mayor Genser 9-A: PERFORMANCE VENDING/THIRD STREET PROMENADE: Presented was the staff report recommending direction to the city Attorney to prepare an ordinance amending Santa Monica Municipal Code section 6291 pertaining to Performance Vending on the Third street Promenade. Council asked questions of staff. Members of the public Beloved Quail and Benjamin Sacks expressed their concerns. Members of the pUblic Mitch Rudman, Tom carroll, Lee Zimmerman, Mickey O'Connor, and Kathryn Mora spoke in support of the proposed amendment. councilmember Katz moved to direct the City Attorney to revise the street performer ordinance (No. l597(CCS)) and direct staff to return to Council with information and demonstration of decibel levels. Second by councilmember Zane. Discussion was held. Mayor Pro Tempore Abdo clarified that this ordinance would not include booking of acts by the Bayside District Corporation. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser 9-B: CURFEW FOR MINORS: Presented was the staff report recommending direction to the City Attorney to prepare an ordinance amending Santa Monica Municipal Code Section 4224 which establishes a curfew for minors. Council asked questions of staff. Members of the public Shirley Compton, Rocky scotti, Costa Karras, Jennifer Butler, Maya Harris, Jesse Small, Art Casillas, Sharon Gilpin, Herman Rosenstein, Eric siss, Russ Barnard, Steve Alpert, Josefina Santiago, and Julie Lopez-Dad spoke in opposition to the proposed curfew. Member of the public Joy Fullmer expressed her concerns. Members of the public paulina Hernandez, Jack Siegal, Tom Carroll, Allan Young, and Peter Tigler spoke in support of the proposed curfew. Member of the public Nardy Samuels advised that the curfew would not affect Santa Monica High School activities. Councilmember Zane moved to hear late chits. Second by Councilmember Katz. The motion was unanimously approved, Mayor Genser absent. Members of the pUblic Lila Hawkins and David Propp spoke in support of the proposed curfew. Member of the public Virginia Clarke spoke in opposition to the proposed curfew. 4 March 24, 1992 212 At 10:45 P.M., Council adjourned for a short recess. Council reconvened at 11: 00 P.M. with all members present except Mayor Genser. 9-B: CONTINUED: Councilmember Zane moved to extend the meeting to 12:00 Midnight. Second by councilmember Katz. The motion was unanimously approved, Mayor Genser absent. Discussion was held. Councilmember Katz moved to direct the City Attorney to draft an ordinance which revises Section 4224 of the Santa Monica Municipal Code which establishes a curfew for minors. Second by Councilmember Holbrook. Discussion was held. Councilmember Zane moved a substitute motion to ask the City Manager to convene a study session to discuss possible alternative approaches. Second by Mayor Pro Tempore Abdo. Discussion was held. Councilmember Zane withdrew his substitute motion. The motion failed with less than a majority by the fOllowing vote: Council vote: Affirmative: Councilmembers Olsen, Katz, Holbrook Negative: Councilmembers Zane, Vazquez, Mayor Pro Tempore Abdo Absent: Mayor Genser Councilmember Vazquez requested that the record reflect that he voted "no" on the above motion because he does not feel that the motion gets to the real issue that needs to be addressed with the youth. Mayor Pro Tempore Abdo requested that the record reflect that she voted "no" on the above motion because she feels that behavior should be enforced, not status. Councilmember Zane moved to direct staff to examine alternative approaches to the problems addressed, including variations of the measure before Council this evening that more directly seek to identify behavioral concerns that are of concern to pUblic safety. Second by Mayor Pro Tempore Abdo. Mayor Pro Tempore Abdo moved to consider this in a study session. The motion was accepted as friendly. On a call for a vote, the motion was approved by the following vote: council vote: Affirmative: councilmembers zane, Vazquez, Olsen, Katz, Holbrook, Mayor Pro Tempore Abdo Absent: Mayor Genser I I 9 -C : ELIMINATION OF ALCOHOL EXEMPTION PROCESS: Presented was the recommendation to direct the City Attorney to prepare an ordinance deleting Section 9049.4 of subchapter 5J of the Zoning Ordinance to eliminate the alcohol exemption process for bona fide restaurants of 49 seats or less. Council asked questions of I staff. councilmember Zane moved to extend the meeting to 12:30 A.M. Second by councilmember Katz. The motion was unanimously approved, Mayor Genser absent. Questions of staff resumed. 5 March 24, 1992 I I I 213 Member of the public Lou Moench spoke in support of encouraging 49-seat restaurants serving beer and wine. Discussion was held. Councilmember Zane moved to retain the exemption per the current process. Second by Councilmember Katz. Discussion was held. Councilmember Zane clarified his motion by stating that modification of the circumstances under which an establishment is eligible will be changed when overall policy is considered by the Council at a later time. councilmember Zane moved to extend the meeting to 12: 45 A.M. Second by Mayor Pro Tempore Abdo. The motion was unanimously approved, Mayor Genser absent. On a call for a vote on the main motion, the motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Vazquez, Zane, Mayor Pro Tempore Ahdo Negative: Councilmember Olsen Absent: Mayor Genser 9-D: OCEAN AVENUE OUTDOOR DINING STANDARDS: The recommendation to approve the Ocean Avenue Outdoor Dining Standards and authorize the City Manager to negotiate and execute easement and license agreements with restaurant operators was continued. 9-E: CLOSED SESSION: Not held. 14-A: NOTICE OF VACANCIES/BOARDS AND COMMISSIONS: Councilmember Katz moved to authorize the City Clerk to publish the Notice of Vacancies for the annual appointment of Boards and Commissions for current terms expir ing June 30, 1992 . Second by Counci1member Zane. The motion was unanimously approved, Mayor Genser absent. Councilmember Katz was excused from the meeting at 12:40 A.M. 15: PUBLIC INPUT: Member of the pUblic Beloved Quail discussed performance vending on the Third street Promenade and complained about being a target of government abuse. ADJOURNMENT: At 12:44 A.M., the meeting was adjourned to 7:30 P.M., March 31, 1992. ~TTE : ~fA~ C arice E. DYkhO~e City Clerk APPR5?VED: JU'2~o ~I Mayor Pro Tempore 6 March 24, 1992