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M-9/15/1992 I I I 366 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER l5, 1992 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Genser at 7:40 P.M. on Tuesday, September 15, 1992, in the council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz councilmember Kelly Olsen Councilmember Antonio Vazquez (arrived at 8:00 P.M.) councilmember Dennis Zane Also Present: city Manager John Jalili Acting City Attorney Joe Lawrence Assistant City Clerk Beth Justice Councilmember Abdo led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 6-A: PREFERENTIAL PARKING ZONE: Presented was the recommendation to direct the City Attorney to draft an ordinance establishing preferential parking zones in the area bounded by Kensington Road, 7th Street, pine Street and Lincoln Boulevard (not including Lincoln Boulevard); Yale street between Wilshire Boulevard and washington Avenue and to direct the Planning staff to conduct an environmental evaluation of the proposed zones. Member of the pUblic Marie Humphrey spoke in support of the proposed preferential parking zone. Members of the public Thomas Nitti and Fred Tehrani spoke in support of the proposed preferential parking zone and requested that the zone be in effect Monday through Friday only for a period of two hours. Councilmember Katz moved to hear late speakers. Second by Councilmember Olsen. The motion was unanimously approved, Councilmember vazquez absent. Members of the public Ines Yettra and Mildred Timmis spoke in support of the proposed preferential parking zone and requested that the zone be in effect Monday through Friday only for a period of two hours. Council asked questions of staff. Councilmember Zane moved to direct the City Attorney to draft an ordinance establishing preferential parking zones as outlined in the staff report but urged the Planning staff to evaluate and prepare an analysis of the al terna ti ve proposals and look at the neighborhood prior to returning to Council for final adoption. Second by Mayor Genser. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Zane, Olsen, Katz, Holbrook, Abdo, Mayor Genser 1 September 15, 1992 367 Absent: Councilmember Vazquez 7-A: APPEAL/BUSINESS LICENSE DENIAL: Presented was the appeal I of business license denial, David Beneke, Case No. HE 92-2. Thomas Nitti, on behalf of the appellant, spoke in support of the appeal. Council asked questions of Mr. Nitti. Discussion was held. Councilmember Vazquez reported present at 8:00 P.M. Mayor Ganser moved to uphold the appeal. Second by Councilmember Katz. Councilmember Katz withdrew his second. Second by Councilmember Holbrook. Councilmember Katz moved to amend the motion to uphold the appeal and include a refund of $500 to the appellant. The motion died for lack of a second. The motion was approved by the following vote: council vote: Unanimously approved 7-0 8-A: GAME ARCADES/LIMITATIONS ON ALCOHOL AND FOOD SERVING ESTABLISHMENTS/BAYSIDE DISTRICT SPECIFIC PLAN/AMENDMENT TO COMPREHENSIVE LAND USE AND ZONING ORDINANCE TO ESTABLISH A BAYSIDE ZONING DISTRICT: Presented was an emergency ordinance for introduction and 'adoption prohibiting game arcades and establishing limitations on the number of alcohol and food serving establishments in specified portions of the C3 and C3C Districts on an interim basis; approve in concept the draft Bayside District Specific Plan; authorize staff to prepare an Environmental Impact Report and a resolution directing the Planning commission to initiate an amendment to the Comprehensive Land Use and zoning ordinance to establish a Bayside zoning District. Council asked questions of staff. At 9:03 P.M., Mayor Genser declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Member of the public Arthur Mortell requested that parameters be such to allow for one additional liquor outlet on block 6. Member of the public Marshall Siskin urged inclusion of convenient parking. Member of the public Bob Resnick spoke in support of the emergency ordinance and the passageway issue, urged that serious consideration be given to 4th Street, and spoke in opposition to the imposition of the 4,500 square foot maximum for restaurants. Member of the public Mary Sue Milliken requested that council address the parking problems on 4th street. Member of the public Merritt Coleman spoke in opposition to the exclusion of arcade games and the prohibition of use of roller skates, roller blades, etc., and the possibility of the imposition of a curfew in the future. Member of the public Karl Schober spoke in opposition to the proposal. Member of the public Dana Stiebel questioned the appropriateness of designating 2nd street and 4th street for retail uses. Member of the Bayside District Corporation Board of Directors Barbara Tenzer requested that Council address the parking problems on 4th Street and discussed neighborhood serving uses for the area. Member of the public Paul Brockman spoke in opposition to the imposition of the 4,500 square foot maximum for restaurants. Mayor Genser closed the public hearing at 10: 25 P.M. At lO : 25 P. M., Council adj ourned for a short reces s . reconvened at 10:44 P.M., with all members present. Council 2 september 15, 1992 I I I I I 368 Council asked questions of staff. Councilmember Zane moved to conceptually approve the Bayside District specific Plan with the revisions by staff and added pOlicies which were recommended and authorize staff to begin the preparation of an EIR and return with the selection of consultant, etc., and adopt the interim ordinance limiting game arcades and other amusements and food and alcohol-serving establishments in the district. Second by Mayor Genser. Councilmember Zane moved to amend the motion to add a policy that the objective of the plan at 4th street is to restore significant pedestrian activity and to modify as necessary the parking and street patterns to achieve that objective. second by Mayor Genser. Mayor Genser moved to amend the amendment to direct staff to return with a plan as quickly as practicable. The amendment was accepted as friendly. Discussion was held. The amendment was unanimously approved. councilmember Zane moved to amend the motion to stipulate with regard to the two restaurants in block 3, in accordance with the staff recommendation, that all restaurants face 4th street, one being on the east side of the street and one being on the west side of the street. The amendment was accepted as friendly. The amendment was unanimously approved. Councilmember Zane moved to amend the motion to include policy that stipulates that when a new larger establishment includes the sites of existing smaller establishments than the one replacing, that the permitted number of establishments be reduced by the net reduction of restaurants on that site. The amendment was accepted as friendly. The amendment was unanimously approved. Discussion was held. Councilmember Olsen moved to extend the meeting to 12: 30 A.M. Second by Mayor Genser. The motion was unanimously approved. Discussion was held. Councilmember Katz moved to amend the motion to revise the policy limiting the expansion of restaurants and prohibiting existing restaurants from expanding into the first 75'. Second by Mayor Genser. The amendment was accepted as friendly. The amendment was unanimously approved. Councilmember Zane moved to amend the motion to permit buildings to be constructed to 70' on the west side of 2nd Street, provided that the uses above the first floor are all housing and there is no more than 35% of the lineal front footage of any block in such buildings. Discussion was held. Councilmember Zane withdrew his amendment. Councilmember Katz moved to amend the motion to approve the concept that on the west side of 2nd street will be a conditional use restaurant open to the public and controlled by non-prOfit organizations with no alcohol service allowed. Second by Mayor Pro Tempore Abdo. The amendment was accepted as friendly. The amendment was unanimously approved. Councilmember Zane moved to amend the motion with respect to policy addition number 7 on page 15, wherein it discusses the conversion of the permit for a 360-seat single restaurant on the Europa site into three restaurants, be changed to allow up to 4 restaurants. Discussion was held. The amendment was accepted as friendly. The amendment was unanimously approved. Mayor Genser moved to amend the motion with regard to the passageway eligibility zone to maintain the staff recommendation of none of the tall buildings allowed within 100' of the cross streets and overlay 3 September 15, 1992 369 zone cannot extend more than 100' beyond the limits of the parking structure and side streets. Discussion was held. The amendment was accepted as friendly. The amendment was I unanimously approved. Discussion was held. Councilmember Zane moved to amend the motion that, for purposes of the EIR, to study the alternative which includes density bonus for non-profit theater with education, allowing such facilities to have an FAR of up to 3.2 providing 45' for basic structure and 65' for fly tower, not to exceed 27,000 square feet. Second by Mayor Genser. Discussion was held. The amendment was unanimously approved. Councilmember Zane moved to amend the motion that new restaurants be allowed to have bar seating which does not exceed 10% of the total seating in the restaurant or 15 seats, whichever is less. Discussion was held. Councilmember Zane moved to amend his amendment to require that food service be available at all hours of operation; however, no stipulation that food purchase is necessary. Discussion was held. Councilmember Zane moved to amend his amendment once again that any of these policies are not to prejudice the prospects of additional policies regulating alcohol consumption on these same sites; these are maximum opportunities and additional conditions can be established in the cup process. The amendment was accepted as friendly. The motion was unanimously approved. Councilmember Zane moved to amend the motion that, wi th regard to language regarding amusements, no amusements or arcades be included in the Specific plan, not simply in the interim ordinance. The amendment was accepted as friendly. The amendment was unanimously approved. Councilmember Zane moved to amend the motion to adopt language which permits I quasi-office space on the 1200 and 1300 block of 4th and 2nd streets and on the west side of the 1400 block of 2nd Street. The amendment was accepted as friendly. The motion was unanimously approved. Discussion was held. Mayor Genser moved to amend the motion to reduce the allowable number of establishments by subtracting out 304 Santa Monica Boulevard. The amendment was accepted as friendly. The motion was unanimously approved. Discussion was held. Councilmember Zane moved to amend the motion, wi th regard to the Up Front Comedy Club, to set a limit for an alcohol permit to be evaluated for renewal at the end of a specified term. The amendment was accepted as friendly. The amendment was unanimously approved. Discussion was held. The main motion was approved by the following vote: Council vote: Unanimously approved 7-0 By virtue of the above action, Ordinance No. l644(CCS), entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING GAME ARCADES AND ESTABLISHING LIMITATIONS ON THE NUMBER OF ALCOHOL AND FOOD SERVING ESTABLISHMENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C DISTRICTS ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," was adopted, reading by title only and waiving further reading thereof; and, Resolution No. 8477 (CCS), entitled: "A RESOLUTION OF THE CITY COUNCIL OF I THE CITY OF SANTA MONICA DIRECTING THE PLANNING COMMISSION TO INITIATE AN AMENDMENT TO THE CITY OF SANTA MONICA COMPREHENSIVE LAND USE AND ZONING ORDINANCE TO ESTABLISH THE BAYSIDE ZONING 4 september 15, 1992 I 370 DISTRICT AND TO INITIATE AN AMENDMENT TO THE OFFICIAL DISTRICTING MAP TO ESTABLISH THE BOUNDARIES OF THE BAYS IDE DISTRICT CONSISTENT WITH THE BAYSIDE DISTRICT SPECIFIC PLAN," was adopted, reading by title only and waiving further reading thereof. 8-B: SPECIAL CONDITIONS/DRIVE-IN/DRIVE-THROUGH/FAST-FOOD/ TAKEOUT RESTAURANTS: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code section 9055.10(b) regarding special conditions for drive-in, drive-through, fast-food, and take-out restaurants. Applicant: Fancher Development Services for Taco Bell, Inc. council asked questions of staff. At 12: 00 A.M., Mayor Genser declared the public hearing open. William Fancher, representing applicant Taco Bell, Inc., spoke in support of the text amendment. council asked questions of Mr. Fancher. Members of the public Merritt Coleman and Jane Dempsey spoke in opposition to the text amendment. Member of the public Beloved Quail expressed his concerns. william Fancher provided a rebuttal. Mayor Genser closed the public hearing at 12: 20 A.M. Councilmember Olsen moved to deny the text amendment and retain the Zoning Code as is. Second by Mayor Genser. Discussion was held. Councilmember Zane moved to extend the meeting to 1:00 A.M. Second by Mayor Genser. The motion was unanimously approved. Discussion continued. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Katz, Abdo, Mayor Genser II Negative: Councilmember Holbrook 9-A: LAND USE PLAN OF LOCAL COASTAL PROGRAM: Presented was the recommendation to adopt a resolution accepting modifications to the Land Use Plan of the Local Coastal Program as certified by the California Coastal Commission. Councilmember Katz moved to adopt Resolution No. 8478 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING MODIFICATIONS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM DOCUMENT" reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: I Council vote: Unanimously approved 7-0 9-B: PROHIBITION OF ROLLER SKATES AND ROLLER BLADES/BAYSIDE DISTRICT: Presented was the recommendation to direct the city Attorney to prepare an ordinance to prohibit the use of roller skates and roller blades within the Bayside District area of downtown Santa Monica; and to permit the use of bicycles and skates by public safety personnel. Council asked questions of staff. Councilmember Zane moved to direct the City Attorney to prepare, in cooperation with the City Parking and Traffic Engineer, an ordinance to prohibit the use of roller skates and roller blades within the Bayside District area in downtown Santa Monica and to exempt public safety personnel from existing prOhibitions of the use of bicycles and skates in the performance of their assigned duties. Second by councilmember Katz. 5 September 15, 1992 371 Discussion was held. Mayor Genser moved to amend the motion to direct staff to return with an information item discussing methods to consider that problems are not being created (either I legally or practically) by installing signage allowing bicycling on the Promenade roadway. The amendment was accepted as friendly. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Genser Negative: Councilmember Abdo 9-C: OPTION AGREEMENT/PACSHORE HOLDING/BANK OF NEW YORK: Mayor Genser presented a Mayor's Commendation to Charles F. Elsesser, Jr., in appreciation of his tireless efforts for affordable housing. Mayor Genser moved to continue the meeting to 1:30 A.M. The motion - was duly seconded and approved. Presented was the recommendation to authorize the City Manager to negotiate an execute an Option Agreement with PACSHORE HOLDING, INC. and the Bank of New York extending and modifying the Pacific Shore Hotel ground lease for City-owned property on the northwest corner of Main Street and Pica Boulevard. Council asked questions of staff. Member of the public Merritt Coleman urged Council to continue this item in order that it be heard at an earlier time of the evening and suggested amendments to the lease. Councilmember Katz moved to approve Contract No. 5880(CCS) with PACSHORE HOLDING, INC. and the Bank of New York extending and modifying the Pacific Shore Hotel ground lease pursuant to the I terms and conditions set forth in the staff report. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 9-0: CLOSED SESSION: To be held at the end of the meeting. 14-A: APPOINTMENT OF MEMBER/ARTS COMMISSION: Mayor Genser opened the floor to nominations to the Arts Commission. Mayor Genser moved to table the appointment of a member to the Arts Commission. Second by Councilmember Katz. The motion was unanimously approved. 14-B: ECONOMIC FEASIBILITY/CONTRACTING CITY ATTORNEY SERVICES: Presented was the request of Councilmember Katz to discussion direction to the City Manager to review the economic feasibility of contracting out our City Attorney's office. Councilmember Katz moved to direct the city Manager to review the economic feasibility of contracting the City Attorney's office in lieu of having an in-house City Attorney. Second by Councilmember Holbrook. Discussion was held. Mayor Genser moved to extend the meeting to 2:00 A.M. Second by Councilmember Olsen. The motion was approved, Councilmember Holbrook opposed. Discussion continued. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Katz, Holbrook I 6 September 15, 1992 I I I 372 Negative: Councilmembers Zane, Vazquez, Olsen, Abdo, Mayor Genser 14-C: JUICE BARS/MAIN STREET: Presented was Councilmember Zane's request to discuss JUlce bars on Main Street. Counci1member Zane moved to direct staff to consult with the Main Street Association and the Ocean Park Community Organization about circumstances and conditions under which juice bars can be permitted on private property on Main street and cease any enforcement action with respect to the existing juice bar pending the conclusion of that discussion. Second by Mayor Genser. Discussion was held. The motion was unanimously approved. Mayor Genser moved to extend the meeting to 2:15 A.M. Second by Councilmember Olsen. The motion was approved, Councilmembers Holbrook and Katz opposed. 15: PUBLIC INPUT: Member of the public Merritt Coleman addressed Council and advised that National Medical Enterprises is in violation of its development agreement. Member of the public Beloved Quail discussed the problems of homelessness. 9-0: CLOSED SESSION: At 2:02 A.M., Council adjourned to Closed Session for the purpose of discussing the case of Santa Monica Housing council, et a1. v. city of Santa Monica, et al., Santa Monica Superior Court Case Number SC 016. At 2:10 A.M., Council reconvened with all members present. Mayor Genser announced that there was no action taken during Closed Session. ADJOURNMENT: At 2:10 A.M., the meeting was adjourned in memory of James W. Wyatt. ATTEST: APPROVED: ~s9~ Mayor ~e, .-vj Beth Ju, ice Assistant city Clerk 7 September 15, 1992