M-3/12/1991
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 12, 1991
A regular meeting of the Santa Monica City Council was called to
order by Mayor Abdo at 7:40 P.M., on Tuesday, March 12, 1991, in
the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herbert Katz
Councilmember Kelly Olsen
councilmember Antonio Vazquez
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
Councilmember Zane led the assemblage in the Pledge of Allegiance
to the Flag of the United States of America.
councilmember Zane moved to add Item 14-E to the agenda. Second
by Councilmember Katz. The motion was unanimously approved.
Councilmember Zane moved to continue all items except the Consent
Calendar, the "7" items, and the "8" items to the meeting of
March 19, 1991. Second by Councilmember Katz. The motion was
unanimously approved.
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
Zane moved to approve the Consent Calendar, with the exception of
Items 6-E, 6-F, 6-G, 6-J, and 6-L, reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by counci1member Vazquez. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The minutes of the City Council meeting
of February 19, 1991, were approved as presented, and the meeting
of February 26, 1991, were approved as amended.
6-B: CAB & CHASSIS: Bid No. 2325 was awarded to Santa Monica
Ford in the amount of $16/166.70 for one Cab and Chassis with 8'
Stake Body for the Water Division, General Services Department.
6-C: FINAL SUBDIVISION MAP/PARCEL NO. 22269/CONDOMINIUMS/24l1
OAK STREET: Resolution No. 8191(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
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APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 22269," was
adopted, thereby approving a 4-unit condominium project at 2411
Oak street.
6-0: FINAL SUBDIVISION MAP/TRACT NO. 48726/TPC-097/1447 FRANKLIN
STREET: Resolution No. 8192(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 48726," was adopted,
thereby approving a 4-unit tenant-participating conversion
project at 1447 Franklin Street.
6-H: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEALS OF
CUP 99-065/2435 MAIN STREET: Council approved the Statement of
Official Action which contains findings and conditions of
approval for CUP 90-065.
6-1: HANDICAPPED PARKING ZONES: Resolution No. 8195(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONES ADJACENT TO 2927
URBAN AND 1319 CHELSEA AVENUES," was adopted.
6-K: JANITORIAL SUPPLIES: Bid No. 2324 was awarded to Unisource
to furnish and deliver janitorial supplies at specified unit
prices for various departments.
6-M: SHORT RANGE TRANSIT PLAN: The City Manager was authorized
to file the required updates to the Short Range Transit Plan;
file applications for transit subsidy funds made available by the
Los Angeles County Transportation Commission; set June 11, 1991,
as the date of a public hearing to consider adjustments to the
Santa Monica Municipal Bus Lines fare structure; and authorize
staff to publish all appropriate notices.
6-N: CIVIL SERVICE EXAMINATIONS: Ordinance No. 1574 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2103C
RELATING TO COMPETITIVE EXAMINATIONS I " was adopted.
END OF CONSENT CALENDAR
6-E: FINAL SUBDIVISION MAP/TRACT NO. 48924/TPC-I01/908-912 6TH
STREET: The resolution accepting and approving a Final
SUbdivision Map for Tract No. 48924 for a 7-unit tenant-
participating conversion project at 908-912 6th Street, was
withdrawn at the request of staff.
6-F: FINAL SUBDIVISION MAP/TRACT NO. 21955/CONDOMINIUMS/1129
25TH STREET: Councilmember Katz excused himself from
deliberations on this item due to a conflict of interest.
Presented was a staff report transmitting a resolution approving
Final Tract Map No. 21955 for a J-condominium project at 11.29
25th street. Councilmember Zane moved to adopt Resolution No.
8193 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 48924, II reading by title only and waiving
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MARCH 12, 1991
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further reading thereof. Second by Councilmember Olsen. The
motion was approved by the following vote:
council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, zane, Mayor Abdo
Absent: Councilmember Katz
6-G: FINAL SUBDIVISION MAP/TRACT NO. 21954/CONDOMINIUMS/1123 I
25TH STREET: Councilmember Katz excused himself from
deliberations on this item due to a conflict of interest.
Presented was a staff report transmitting a resolution approving
Final Tract Map No. 21954 for a 3-unit condominium project at
1123 25th Street. Councilmember Zane moved to adopt Resolution
No. 8194(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 21954, II reading by title only and waiving
further reading thereof. Second by Councilmember Olsen. The
motion was approved by the following vote:
council vote: Affirmative: Counci1members Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
6-J: PROHIBITION OF SMOKING: Presented was a staff report
transmi tting a reco1l\Il\endation to direct the ci ty Attorney to
draft an ordinance modifying Section 4922 of the Santa Monica
Municipal Code to prohibit smoking in various city facilities.
Discussion was held. Mayor Pro Tempore Genser moved to request
staff to prepare an ordinance to cover all City facilities, both
leased and owned, with the exception of the interview room at the
Police Department. Second by Councilmember Olsen. Council asked
questions of staff. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Genser, Katz, Olsen,
Vazquez, Zane, Mayor Abdo
Negative: Councilmember Holbrook
6-L: STATIONERY SUPPLIES: Presented was a staff report
transmitting a recommendation to award Bid No. 2327 to Eastman to
furnish and deliver miscellaneous stationery supplies at
specified unit prices. Council asked questions of staff.
Discussion was held. Councilmember Zane moved to award Bid No.
2327 to Eastman at specified unit prices to furnish and deliver
miscellaneous stationery supplies for various departments.
Second by Councilmember Olsen. The motion was approved by the
following vote:
Council vote: unanimously approved 7-0
7-A: APPEAL/CUP 90-026/CONDOMINIUMS/951 OCEAN AVENUE: Presented
was an appeal of Planning Commission approval of Conditional Use
Permit 90-026 to allow the construction of a 16-unit condominium
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at 951 Ocean Avenue. Applicant: Sakakura America, Inc.
Appellant: Michael Wiedder. Council asked questions of staff.
Appellant Michael Wiedder spoke in support of the appeal and in
opposition to the project. Jerry King, speaking on behalf of the
applicant, spoke in support of the project and in opposition to
the appeal. Members of the public Dee Marcus, Margi Franzel,
Susan Meyer, Karen Brodsky, Mark Mawrence, Ken Breisch, Merritt
Coleman, Erik Paul, and Nancy Desser spoke in opposition to the
project at its present scale. Member of the public Gary Bonart
expressed his concerns. Member of the public Jack Kennedy spoke
in support of the project. Discussion followed. Councilmember
Zane moved to uphold the appeal, overturn the Planning Commission
approval, and deny the proj ect . Second by Mayor Pro Tempore
Genser. Discussion was held. Councilmemher Katz moved a
substi tute motion to approve the proj ect and deny the appeal.
The motion died for lack of a second. The motion to uphold the
appeal and deny the project was approved by the following vote:
council vote: Affirmative: councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Negative: Councllmember Katz
Councilmember Katz requested that the record reflect that he
voted "no" on this item because this is an arbitrary action of
Council.
council adj ourned for a short recess.
all members present.
Council reconvened with
7-B: APPEAL/CUP 90-074/WINE TASTING/625 MONTANA AVENUE:
Presented was the appeal of Planning Commission approval of CUP
90-074 to permit wine-tasting and classes in conjunction with
existing retail sales for the Montana Wine company at 625 Montana
Avenue. Applicant: Montana Wine Company. Appellant:
Councilmember Holbrook/Jerry Bass. Council asked questions of
staff. Appellant Jerry Bass spoke in support of the appeal and
in opposition to the CUP. Council asked questions of Mr. Bass.
Applicant Murray Weber spoke in support of the CUP and in
opposition to the appeal. council asked questions of Mr. Weber.
Councilmember Katz moved to extend the meeting to 12: 00 A.M.
Second by Councilmember Olsen. The motion was unanimously
approved.
Member af the public Joy FUllmer expressed her concerns. Members
of the public Robert Rogness, Serge Durand, Bill Thacker, Patty
Phillips, and Steve McManus spoke in support of the CUP and in
apposl tion to the appeal. Member of the publ ic Margaret Bach
spoke in opposition to the CUP and in support of the appeal.
Appellant Jerry Bass presented a rebuttal. Councilmember Katz
moved to deny the appeal: uphold the conditions of the Planning
Commission amended to change the hours of tasting to begin at
5:00 P.M., the number of bottles open at one time be restricted
to three, and tastings be limited to three, Ij2-ounce servings
per person per 24-hour period. Second by councilmember Vazquez.
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Discussion was held. Council asked questions of staff.
councilmember Katz moved to amend his motion to stipulate that,
in order to meet Title 24, serving has to be downstairs in a
separated area. Council asked questions of staff. Discussion
was held. Mayor Pro Tempore Genser moved to amend the motion to
mandate that all tastings be in an equally-accessible location.
The amendment was accepted as friendly. Mayor Pro Tempore Genser
moved to amend the motion to specify that the consumption area I
not be expanded into new space. The motion was accepted as
friendly. Mayor Pro Tempore Genser moved to amend the motion to
eliminate Friday night as a tasting time. The motion was
accepted as friendly. Mayor Pro Tempore Genser moved to amend
the motion to provide for a designated driver program for anyone
who becomes intoxicated. The motion was accepted as friendly.
Discussion was held. Mayor Pro Tempore Genser moved to amend the
motion to include a five-year time limit on the Conditional Use
Permit. Second by Councilmember Olsen. The motion to include a
time limit on the cup failed by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen
Negative: Councilmember Holbrook,
Vazquez, Zane, Mayor Abdo
Katz,
Councilmember Olsen requested that the record reflect that he
voted "yesU on this item as he has never known a CUP to be
revoked in the city.
The motion to deny the appeal and uphold the Planning Commission
approval of the conditional Use Permit, as amended by Council,
was approved by the following vote:
Council vote: unanimously approved 7-0
Councilmember Olsen moved to extend the meeting past 12:00 A.M.
Second by Mayor Pro Tempore Genser. The motion was approved,
Councilmember Katz opposed. Discussion was held. Mayor Pro
Tempore Genser moved to extend the meeting to 1:00 A.M. Second
by Councilmember Zane. The motion failed, Councilmembers
Holbrook, Katz, and Olsen opposed.
Councilmember Olsen moved to extend the meeting to 12:30 A.M. to
discuss Item 8-8 only. Second by Mayor Pro Tempore Genser. The
motion was unanimously approved.
a-A: OP-2 AND R2R DISTRICTS: The emergency ordinance for
introduction and adoption to change the method for calculating
height in the OP-2 District, to reduce the permitted height and
require building entrances oriented to the street in the R2R
District was continued to the meeting of March 19, 1991, as a "511
Item.
8-8: LEAFBLOWER OPERATIONS: Presented was an ordinance for
introduction and first reading adding Santa Monica Municipal Code
section 4212 prohibiting leafblower operations and repealing
santa Monica Municipal Code Section 4315 relating to hours of
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operation of leafblowers. Mayor Abdo opened the public hearing.
Member of the public Joy Fullmer expressed her concerns. Members
of the public Roy Imazu, Henry Fuj ita, Frank Okabayashi, and
Takeshi Kotow spoke in opposition to the proposed ordinance.
There being no one else wishing to speak, Mayor Abdo closed the
public hearing. Councilmember Zane moved to introduce for first
reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE
SECTION 4212 AND REPEALING SANTA MONICA MUNICIPAL CODE SECTION
4315 RELATING TO RESTRICTIONS ON LEAF BLOWER OPERATION, II reading
by title only and waiving further reading thereof. Second by
Mayor Pro Tempore Genser. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Katz, Olsen,
Vazquez, Zane, Mayor Abdo
Negative: Councilmember Holbrook
8-C: PROGRAM 10: The ordinance for introduction and first
reading regarding suspending implementation of Program 10 until
adoption of Program 10 Implementing Ordinance, repealing
Ordinance Numbers 1486(CCS) and 1529(CCS), and nullifying
previously imposed Program 10 conditions was continued to the
meeting of March 19, 1991.
9-A: MITIGATION OF WATER DEMAND: The resolution setting fees
for mitigation of water demand from new development will be
considered at the meeting of March 19, 1991.
9-B: COMMERCIAL MORATORIUM WORK PROGRAM: The request for
direction on proposed one-year commercial moratorium work program
will be considered at the meeting of March 19, 1991.
9-C: CLOSED SESSION: Not held.
10-A: GUTTER CONSTRUCTION/STREET RESURFACING: The public
hearing on the confirmation of gutter construction and street
resurfacing assessments on 12th street from Colorado Avenue to
Wilshire Boulevard; 17th street from Arizona Avenue to California
Avenue: and Ocean Park Boulevard from 25th street to 31st street
in conjunction with the 1989-90 street resurfacing program was
continued to the meeting of March 19, 1991.
14-A: LETTER OF RESIGNATION/PETER NORTON/ARTS COMMISSION: The
acceptance of a letter of resignation from Peter Norton from the
Arts Commission and authorization to the City Clerk to public
Notice of Vacancy was continued to the meeting of March 19, 1991.
14-B: CITY HALL PARKING LOT: The request of Mayor Pro Tempore
Genser to discuss city Hall parking lot was continued to the
meeting of March 19, 1991.
CITIZENS' RESPONSE TO SEXUAL VIOLENCE: The request of Mayor Abdo
to discuss waiver of rental fee for Civic Auditorium for a
daylong event, "Citizens' Response to Sexual Violence" to be held
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in September or October 1991, was continued to the meeting of
March 19, 1991.
14-0: 345 ADELAIDE DRIVE:
discuss the 345 Adelaide
meeting of March 19, 1991.
14-E: HIGH SCHOOL/MALIBU: The request of Councilme:mber Holbrook I--
to discuss a resolution that the Santa Monica-Malibu Unified
School District Board of Education delay any decision to open a
high school in Malibu was continued to the meeting of March 19,
1991.
The request of Councilmember Zane to
Drive Project was continued to the
15. PUBLIC INPUT: Member of the public John Jurenka addressed
Council regarding water conservation and the Rent Control Board.
Member of the public Joy Fullmer addressed Council regarding the
lateness of Council meetings, terrorism, drugs, and the news
media.
ADJOURNMENT: At 12:31 A.M., the meeting was adjourned in memory
of James Shirey, son of Dave Shirey Public Facilities Maintenance
superintendent
ATTEST:
~~';24 ~,'
-. b 7:ai4!---L- ?I~ 'f-1,~C/
Clarice E. Joh sen
City Clerk
APPROVED:
QaA
Judy Abdo
Mayor
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MARCH 12, 1991