M-3/24/1992
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
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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
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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.
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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
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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
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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.
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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
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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.
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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
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March 24, 1992