Loading...
M-6/2/1992 270 CITY OF SANTA MONICA CITY COUNCIL MINUTES I JUNE 2, 1992 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:07 P.M. on Tuesday, June 2, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook (present during Closed Session) Councilmember Herbert Katz councilmember Kelly Olsen (present during Closed Session) Councilmernber Antonio Vazquez (present during Closed Session) Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers city Clerk Clarice E. Dykhouse CLOSED SESSION: At 6:10 P.M., Council adjourned to Closed session for the purpose of considering a settlement in the case I of Rewald & Avemco v. City of Santa Monica, et al., Claim No. ASH 92-1.2-82/A. At 6:45 P.M., Council reconvened with all members present. Counci1member Katz moved to approve settlement and appropriation in the case of Rewald & Avemco v. City of santa Monica in the amount of $21,442.50. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 STUDY SESSION Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen Counci1member Antonio Vazquez Councilmember Dennis Zane Also Present: city Manager John Jalili city Attorney Robert M. Myers city Clerk Clarice E. Dykhouse 55-1: LAW ENFORCEMENT ISSUES: Presented was the Study Session to discuss law enforcement issues. I 1 June 2, 1992 1 I I I 271 At 7:35 P.M., the study Session was adjourned. At 7: 46 P.M., Mayor Genser convened a regular meeting of the santa Monica city Council. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmernber Kelly Olsen Councilmember Antonio Vazquez Councilmernber Dennis Zane Also Present: City Manager John Ja1i1i City Attorney Robert M. Myers city Clerk Clarice E. Dykhouse councilmember Olsen led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. INSPIRATION: Mayor Genser announced that City of Santa Monica Housing Authority applications for the Santa Monica section 8 housing program are available from June 1, 1992 to June 12, 1992. 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-H and 6-1, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 7-0 6-N: STATEMENT OF OFFICIAL ACTION/CUP 91-022/VTTM 50656/1017- 1.019 HILL STREET: The Statement of Official Action for the Appeal of Conditional Use Permit 91-022 and Vesting Tentative Tract Map 50656 for the property located at 101.7-1.019 Hill street was certified. END OF CONSENT CALENDAR 6-H: CAB AND CHASSIS: The award of Bid No. 2397 to Dew Par Sales & Services in the amount of $24,245.35 for one 3/4 ton cab and chassis for the Solid Waste Management Division, General Services Department, was continued to the meeting of June 9, 1992. 6-I: CAB AND CHASSIS/SEWER RaDDER TYPE BODY: The award of Bid No. 2399 to SRECO-Flexible in the amount of $53,532.69 for one cab and chassis with sewer rodder type body for the Wastewater Division, General Services Department was continued to the meeting of June 9, 1.992. 2 June 2, 1992 272 Councilmember Katz moved to hear the public on Item No. 9-D and continue the staff report and discussion to the meeting of June 9, 1992. Second by Counci1member Zane. The motion was I unanimously approved. 7-A: APPEAL/CUP 91.-041/UPGRADE ALCOHOL LICENSE/625 MONTANA AVENUE: Presented was the appeal of Planning Commission approval of CUP 91-041 for an upgrade from an existing Type 20, off-sale beer and wine alcohol license to a Type 21, off-sale general alcohol license for an existing retail wine sales establishment at 625 Montana Avenue. Applicant: Murray Weber, Montana Wine Company. Appellant: Kelly Olsen. Council asked questions of staff. Counci1member Olsen relinquished his speaking time to Jerry Bass, who presented the appeal. Applicant Murray Weber spoke in opposition to the appeal. Council asked questions of the applicant. Members of the public stephanie Barbanell, Jennifer Polhemus, and Jeffrey Gold spoke in support of the appeal. Members of the public Robert Rogness and Jean Prescott spoke in opposition to the appeal. Mr. Weber presented his rebuttal. Council asked questions of Mr. Weber. Mr. Bass presented his rebuttal. Council asked questions of staff. Councilmember Olsen moved to uphold the appeal and overrule the Planning Commission decision. Second by Mayor Genser. Discussion was held. Councilmember Zane moved a substitute motion to deny the appeal and uphold the decision of the Planning Commission with an amendment to provide a term limit of three years for the CUP. Second by councilmember Katz. Discussion was held. Councilmember Zane moved to add the hours of operation I to the CUP. The motion was accepted as friendly. Councilmember Vazquez moved to amend the motion to impose a two-year time limit on the CUP. Discussion was held. The motion was not accepted as friendly. Councilmember Zane moved to amend his motion to require that documentation of gross sales and documentation that the sale of spirits did not exceed 10% of the gross sales be provided by January 31st of each year for the prior year sales. The motion was accepted as friendly. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Katz, Holbrook, Abdo Negative: councilmembers Vazquez, Olsen, Mayor Genser At 10: 22 P.M., Council adjourned for a short recess. reconvened at 1.0:44 P.M. with all members present. Council 7-C: APPEAL/TOWNHOUSE MASSAGE/1447 SIXTH STREET: Presented was the appeal by owner and employee of Townhouse Massage, 1447 Sixth street, from the decision of the Hearing Examiner revoking their permits due to illegal sexual acts at the massage parlor. Case Nos. HE 90-8 and HE 90-l3. Appellants: Terry Werner and Ilye Nadeau. Ralph Saltsman, representing the appellants, spoke in I support of the appeal. Member of the public Carmen Villavisencio spoke in opposition to the appeal. Mr. Saltsman presented his rebuttal. Council asked questions of staff. Discussion was 3 June 2, 1992 I I I 273 held. Councilmember Zane asked City Attorney Myers to address the issues of law raised. ci ty Attorney Myers responded by stating that the record is full and complete and erasure does not in any way detract from the evidence and does not result in an automatic reversal of the proceedings. Deputy city Attorney Radensky responded to the issue of owner's liability for the acts of his employees as it is described in the Municipal Code. Mayor Genser moved to uphold the decision of the Hearing Examiner and deny the appeal and adopting the conditions and findings. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-A: CAMPAIGN AND ELECTION REFORM: Councilmember Zane moved to extend the meeting to 12: 00 Midnight. Second by councilmember Ka tz . The motion was unanimously approved. Presented was an ordinance for introduction and first reading amending Article XI of the Santa Monica Municipal Code relating to campaign and election reform. Council asked questions of staff. At 11: 07 P.M., Mayor Genser declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Genser closed the public hearing at 11:08 P.M. Councilmember Zane moved to introduce the ordinance as amended entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE XI OF THE SANTA MONICA MUNICIPAL CODE RELATING TO CAMPAIGN AND ELECTION REPORT, If reading by title only and waiving further reading thereof, accepting the city Attorney's recommendations to reflect a $250 limit on contributions to candidates. Second by Councilmember Holbrook. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-B: 1991 UNIFORM TECHNICAL CODES: Presented was an ordinance for introduction and first reading adopting the Uniform Technical Codes and adopting the Santa Monica amendments to the 1991 Uniform Technical Codes. At 11: 18 P,M., Mayor Genser declared the public hearing open. Member of the pUblic Joy Fullmer expressed her concerns. Mayor Genser closed the public hearing at ll:20 P.M. Councilmember Katz moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE UNIFORM TECHNICAL CODES AND ADOPTING THE SANTA MONICA AMENDMENTS TO THE 1991 UNIFORM TECHNICAL CODES," reading by title only and waiving further reading thereof. Second by Councilmember Vazquez. Council asked questions of staff. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-C: PERMITTED ENCROACHMENT/SETBACKS: Presented was the emergency ordinance for introduction and adoption relating to permitted encroachment into required unexcavated portions of required front and side yard setbacks. Council asked questions of staff. At 11:30 P.M., Mayor Genser declared the public 4 June 2, 1992 274 hearing open. Member of the publ ic Thane Roberts spoke in opposition to the ordinance as proposed and offered suggestions. Mayor Genser closed the public hearing at 1.1: 33 P.M. I councilmember Katz moved to approve Attachment A as presented in the staff report. Second by Mayor Genser. Discussion was held. Mayor Genser moved to direct staff to review the sole issue of landscape coverage of narrow lots and continue this item to the meeting of June 9, 1992. Second by Counci1member Vazquez. The motion was unanimously approved. 8-D: DEVELOPMENT STANDARDS/OP-2: Presented was the emergency ordinance for introduction and adoption modifying the development standards in the OP-2 zoning District on an interim basis to change the method for calculating height. At 11:45 P.M., Mayor Genser declared the pUblic hearing open. Member of the public Thane Roberts spoke in opposition to the proposed ordinance. Mayor Genser closed the public hearing at 11:48 P.M. Ordinance No. 1628(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE OP-2 ZONING DISTRICT ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," was introduced and adopted, reading by title only and waiving further reading thereof, on the motion of Mayor Pro Tempore Abdo, seconded by Councilmember Katz, and carried as follows: council vote: Unanimously approved 7-0 8-E: DEVELOPMENT STANDARDS/R2R: Presented was an emergency I ordinance for introduction and adoption mOdifying the development standards in the R2R District on an interim basis to reduce the permitted height and require building entrances oriented to the street. Mayor Genser declared a possible conflict of interest on Item 8-E and excused himself from the meeting. At 11.:49 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. Ordinance No. 1629(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE R2R DISTRICT ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," was introduced and adopted, reading by title only and waiving further reading thereof, on the motion of Councilmember Katz, seconded by Councilmember Vazquez, and carried as follows: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Katz, Holbrook, Abdo Absent: Mayor Genser Mayor Genser returned to the dais. Councilmember Katz moved to extend the meeting to 12:15 A.M. The motion died for lack of a second. Councilmember Olsen moved to extend the meeting to 12:30 A.M. The motion died for lack of a I second. Mayor Genser moved to extend the meeting to 1.:00 A.M. Second by CouncilIDemher Olsen. The motion was approved, Councilmemhers Holbrook and Katz opposed. 5 June 2, 1992 I I I 275 g-c: FILMING FEES: Presented was the staff report recommending adoption of a resolution revising filming fees and related charges. Council asked questions of staff. Member of the public Beau Marks spoke in opposition to the proposed increase of fees. Councilmembers Holbrook and Katz excused themselves from the meeting at 12: 00 Midnight. Member of the public Joy Fullmer expressed her concerns. Members of the public Bob Kronovet, Patti Archuletta, and Eric Siss spoke in opposition to the proposed increase of fees. Members of the public Craig Schmitman and Peter White discussed the relationship of this proposal with fees charged for filming at the airport. Council asked questions of staff. Councilmember Zane moved to adopt the recommended revised fee structure as presented by City staff. Second by Mayor Pro Tempore Abdo. Discussion was held. Mayor Genser moved to amend the motion to reduce the fee for student filming to $50. Second by Councilmember Zane. The motion was accepted as friendly with the understanding that permits for non-profit organizations will remain at $100. Discussion was held. Councilmember Olsen moved to amend the motion to direct staff to pay particular attention to student filming during the next six months with a view to re-evaluating the fee structure, work load, and demand upon the streets. The motion was accepted as friendly. The motion was approved by the following vote: Council vote: Affirmative: Counci1members Abdo, Olsen, Vazquez, Zane, Mayor Genser Absent: Counci1members Holbrook, Katz By virtue of the above action, Resolution 8410(CCS), as amended, entitled: IJA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PERTAINING TO PICTURES FOR COMMERCIAL PURPOSES" was adopted as amended. Councilmember Zane moved to direct staff to continue dialogue about operational issues in order to make Santa Monica a film friendly community while making the film industry and film process a resident-friendly process and business-friendly process in the community. Second by Mayor Genser. The motion was unanimously approved, Councilmembers Holbrook and Katz absent. 9-D: OCEAN AVENUE OUTDOOR DINING STANDARDS: Mayor Genser with Council consent stated this item would be continued to June 9, 1.992, but allowed those present in the audience wishing to speak on this item to address Council. Members of the publ ic Gregg Smith and David Berman expressed concern with the proposed wind screens. The Ocean Avenue Outdoor Dining Standards and authorization for the City Manager to negotiate and execute easement and license agreements with restaurant operators was then continued to the meeting of June 9, 1992. 9-E: CLOSED SESSION: Not held. 10-A: STREET RESURFACING/PICO BOULEVARD: Presented was the public hearing for the confirmation of assessment of costs for street resurfacing on pico Boulevard from 20th Street to 28th 6 June 2, 1992 276 street completed with the 1.990-91. street Resurfacing Program. At 12:50 A.M., Mayor Genser declared the public hearing open. There being no one wishing to speak, Mayor Genser closed the public I hearing. Resolution No. 8411 (CCS) entitled: "A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT OF COSTS FOR STREET RESURFACING ON PICO BOULEVARD FROM TWENTIETH STREET TO TWENTY-EIGHTH STREET COMPLETED WITH THE 1990-91 STREET RESURFACING PROGRAM, '1 was adopted, reading by title only and waiving further reading thereof, on the motion of Mayor Pro Tempore Abdo, seconded by Councilmember Olsen, and carried as follows: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Abdo, Mayor Genser Absent: Councilrnembers Holbrook, Katz 1.0-B: SIDEWALKS/DRIVEWAYS/CURBS: Presented was the public hearing on assessment of costs to repair damaged sidewalks, dri veways f curbs and the removal of damaged pavement in the parkway areas (SR-92-181). At 12:55 A.M., Mayor Genser declared the public hearing open. There being no one wishing to speak, Mayor Genser closed the public hearing. Resolution No. 84l2(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR92-18l) , n was adopted, reading by title only and waiving I further reading thereof, on the motion of Councilmember Zane, seconded by Mayor Pro Tempore Abdo, and carried as follows: Council vote: Affirmative: councilmembers Abdo, Olsen, Vazquez, Zane, Mayor Genser Absent: Councilmembers Holbrook, Katz Mayor Ganser moved to extend the meeting to 1:30 A.M. Councilmember Olsen. The motion was unanimously Councilmembers Holbrook and Katz absent. Second by approved, 1.1-A: TWILIGHT AND YEARNING: Presented was the staff report recommending the installation of "Twilight and Yearning" by Manfred Mueller on the Pier. Council asked questions of staff. Members of the Arts commission Bruria Finkel, Roger Genser, and Ling Chau Kuo spoke in support of the installation of the art piece, Twilight and Yearning. Councilmember Olsen moved to accept the art piece and have it placed as proposed. Second by Mayor Genser. Discussion was held. Councilmember Vazquez moved to amend the motion to include a Spanish-translation on the descriptive plaque. The motion was accepted as friendly. Discussion continued. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, I Abdo, Mayor Genser 7 June 2, 1992 I I I 277 Absent: Councilmembers Holbrook, Katz counci1member Zane of June 9, 1992. was unanimously absent. moved to continue Item No. 11-B to the meeting Second by Councilmember Vazquez. The motion approved, Councilmembers Holbrook and Katz 1.1-B: REVISION OF FEES/CULTURAL AND RECREATION SERVICES DEPARTMENT: The resolution regarding revising fees for use of facilities and programs operated by the Cultural and Recreation services Department was continued to the meeting of June 9, 1992. 14-B: MASTER PLAN/PIER PLATFORM: The request of Councilmember Katz to discuss direction to the pier Restoration Corporation to prepare a Master Plan for the entire pier platform within a six-month time frame beginning May 5, 1992, and to conduct public workshops and a hearing during that period was continued to June 9, 1992, as a "5" item, by motion of Councilmember Zane, seconded by Mayor Pro Tempore Abdo and carried. 14-C: AMENDMENT TO ZONING CODE/NEWSSTANDS: Mayor Genser presented his request to discuss initiating an amendment to the zoning code to allow for newsstands (the outside vending of periodicals) in commercial areas of the City, by discretionary permit. Mayor Genser moved to refer this item to staff for an analysis of legaljConsti tutional issues and initiation of any particular amendments to the zoning code in order to facilitate the establishment of newsstands in appropriate locations by a discretionary permit. Second by Councilmember Zane. Discussion was held. The motion was unanimously approved, Councilmembers Holbrook and Katz absent. 1.4-D: SBl141.!FUNDING FOR BICYCLE PROJECTS: The request of Councilmember Zane to discuss support for Senate Bill 1141 (Killea) regarding funding for bicycle projects was withdrawn at the request of Councilmember Zane. 1.4-E: SCHEDULE PUBLIC HEARING/DAWN'S EARLY LIGHT: Mayor Genser presented his request to discuss schedul ing a public hearing regarding the status of the "Dawn's Early Light" July 4, 1992, fireworks event. Mayor Genser moved to schedule a public hearing for the meeting of June 9, 1992, to discuss the status of the 11 Dawn 's Early Light" July 4, 1992, fireworks event. Second by councilmember Olsen. Discussion was held. The motion failed by the following vote: council vote: Affirmative: councilmember Olsen, Mayor Genser Negative: councilmembers Zane, Vazquez, Abdo Absent: Councilmembers Holbrook, Katz Mayor Genser requested that the record reflect that he is very disturbed that the council has made a significant public policy decision without allowing the public the opportunity to be heard on that decision. 8 June 2, 1992 / 278 Mayor Genser moved to No. 14-F and Item No. motion was unanimously absent. extend the meeting in order to hear Item 1.5. Second by Councilmember Zane. The approved, Councilmembers Holbrook and Katz I 14-F: TRAVEL FUNDS/AMERICAN INSTITUTE OF ARCHITECTURE CEREMONY/BOSTON: Councilmember Zane presented his request to use travel funds to attend the American Institute of Architecture (AlA) ceremony in Boston, June 19, 1992, to receive an award for the City of Santa Monica Third street Revitalization Program. Councilmember Vazquez moved to approve Councilmember Zane's request to use travel funds to attend the American Institute of Architecture ceremony in Boston, June 19, 1992. second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Olsen, Vazquez, Zane, Mayor Genser Absent: councilmembers Holbrook, Katz ci ty Clerk Dykhouse stated she had been asked by Councilmember Katz to state for the record his opposition to the approval of the above request. 15: PUBLIC INPUT: Member of the public John Bodin presented a letter from the Recreation and Parks commission addressing their concern with the future of Los Amigos Park. Member of the public Eric Siss addressed Council regarding parkland shortage and the I future of Los Amigos Park. ADJOURNMENT: At 1:35 A.M., the meeting was adjourned to June 9, 1992. ATTEST: -/~/4~ Clarice E. Dykhouse City Clerk APPROVED: ~ I 9 June 2, 1992