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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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:
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