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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
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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
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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
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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
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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:
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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.
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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
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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
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