M-9/24/1991
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 24, 1991
A special meeting of the Santa Monica city Council was called to
order by Mayor Abdo at 6:15 P.M. on Tuesday, september 24, 1991,
in the Council Chambers.
STUDY SESSION:
Roll Call:
Present: Mayor Judy Abdo
Mayor Pro Tempore Ken Genser
(arrived at 6:35 P.M.)
Councilmember Robert T. Holbrook
(arrived at 6:30 P.M.)
councilmember Kelly Olsen
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Absent: Councilmember Herbert Katz
Also Present: City Manager John Jalili
Assistant City Attorney Joseph Lawrence
City Clerk Clarice E. Dykhouse
55-1: STUDY SESSION/RESTRUCTURE WASTEWATER RATES: Presented was
the study session on the proposed ordinance to restructure
wastewater rates.
At 7:30 P.M., the Study Session was adjourned.
CITY COUNCIL REGULAR MEETING:
At 8:05 P.M., Mayor Abdo convened a regular meeting of the City
of Santa Monica City Council.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Ken Genser
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Absent: Councilmember Herbert Katz
Also Present: City Manager John Jalili
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.
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COMMENDATION/GRAD NITE/SANTA MONICA HIGH SCHOOL: Mayor Abdo
presented commendations to Lynn Greenburg and Alissa Olsen for
their outstanding efforts in conducting Grad Nite festivities at I
Santa Monica High School.
At 8: 12 P.M. , a City Council/Redevelopment Agency/Parking
Authority Special Joint Meeting was convened.
Redevelopment Agency
Roll Call: Present: Chair Judy Abdo
Chair Pro Tempore Ken Genser
Agency Member Robert T. Holbrook
Agency Member Kelly Olsen
Agency Member Antonio Vazquez
Agency Member Dennis Zane
Absent: Agency Member Herbert Katz
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Clarice E. Dykhouse
Parking Authority
Roll Call: Present: Chair Judy Abdo
Chair Pro Tempore Ken Genser
Authority Member Robert T. Holbrook
Authority Member Kelly Olsen
Authority Member Antonio Vazquez
Authority Member Dennis Zane
Absent: Authority Member Herbert Katz
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Dykhouse
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CC/RA/PA-l: MINUTES APPROVAL: Chair Pro Tempore Genser moved to
approve the Redevelopment Agency minutes of June 25, 1991, and
Parking Authority minutes of September 10, 1991, as presented.
Second by Authority Member Zane. The motion was unanimously
approved, Authority Member Katz absent.
CC/RA/PA-2: FISCAL YEAR 1990-91 YEAR-END BUDGET ADJUSTMENTS:
Presented was the staff report recommending year-end budget
adjustments for Fiscal Year 1990-91; transmittal of year-end
Performance Review and Capital Improvement Program status report
as of June 30, 1991; and selected budget adjustments for Fiscal
Year 1991-92; and adoption of a resolution accepting a Federal
Aviation Airport Improvement Program Grant for runway
reconstruction. Member of the pUblic Joy Fullmer expressed her
concerns. councilmember Zane moved on behalf of the City
Council, to approve the budget adjustments detailed in Exhibits A
through E, approve a loan from the General Fund to the Beach Fund I
for FY1990-91 of $.1 million, authorize the establishment and
technical implementation of a Debt Service Fund, and adopt
Resolution No. 8297 (CCS) entitled: "A RESOLUTION OF THE CITY
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COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE AGREEMENT NUMBER DTFA08-01-C-20650 ACCEPTING A FEDERAL
AVIATION AIRPORT IMPROVEMENT PROGRAM GRANT FOR RUNWAY
RECONSTRUCTION,II reading by title only and waiving further
reading thereof and approving Contract No. 5761(CCS) accepting a
Federal Aviation Airport Improvements program Grant for runway
recontruction with Federal Aviation Administration. Second by
Mayor Pro Tempore Genser.
council vote: Affirmative: councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
Agency Member Zane moved on behalf of the Redevelopment Agency,
to approve the budget adjustments detailed in Exhibits A through
E, approve a loan from the General Fund to the Beach Fund for
FY1990-91 of $.1 million, authorize the establishment and
technical implementation of a Debt Service Fund. Second by Chair
Pro Tempore Genser.
Redevelopment Agency vote:
Affirmative:
Agency Members Genser, Holbrook,
Olsen, Vazquez, zane, Chair Abdo
Absent:
Agency Member Katz
Authority Member Zane moved on behalf of the Parking Authority,
to approve the budget adjustments detailed in Exhibits A through
E, approve a loan from the General Fund to the Beach Fund for
FY1990-91 of $.1 million, authorize the establishment and
technical implementation of a Debt Service Fund. Second by Chair
Pro Tempore Genser.
Parking Authority Vote:
Affirmative:
Authority Members Genser, Holbrook,
Olsen, Vazquez, Zane, Chair Abdo
Absent:
Authority Member Katz
At 8:20 P.M., the Special City Council/Redevelopment
Agency/Parking Authority Joint Meeting was adjourned and the City
Council Meeting was reconvened.
councilmember Holbrook moved to continue Item 7-B to the meeting
of October 22, 1991. Second by Councilmember Vazquez. The
motion was unanimously approved, Councilmember Katz absent.
5-A: VETO OF SB-402/415 PACIFIC COAST HIGHWAY/STATE BEACH
OPERATING AGREEMENT: Presented was the status report on the
city's efforts to obtain veto of SB-402 relating to 415 Pacific
Coast Highway and state Beach Operating Agreement. Member of the
public John Bodin spoke in support of veto of Section 26 of
8B402. Member of the public Eric siss spoke in support of
protection of public parklands. Member of the public Julie
Lopez-Dad requested a timeline for full public access on the
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project. Member of the public Bruce Cameron congratulated the
City on its progress and urged the public to call Governor Wilson
to encourage veto of section 26 of SB-402. Member of the public I
Michael Tarbet provided information on a telephone bank to call
Governor Wilson to urge the veto of section 26 of SB-402.
Discussion was held. No action taken.
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. Mayor Pro
Tempore Genser moved to approve the Consent Calendar, wi th the
exception of Item Nos. 6-E and 6-F, reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by councilmember Vazquez. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
6-A: MINUTES APPROVAL: The city council minutes of September
10, 1991, were approved as amended, and September 16, 1991, were
approved as submitted.
6-B: GRANT OF EASEMENT/ELECTRICAL EQUIPMENT/1123-1131 THIRD
STREET: Resolution No. 8298(CCS) entitled: itA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF I
A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF
ELECTRICAL EQUIPMENT LOCATED AT 1121-1131 THIRD STREET, SANTA
MONICA, CALIFORNIA," was adopted, thereby authorizing the City
Manager to execute a Grant of Easement to the southern California
Edison Company.
6-C: COST-SHARED AGREEMENT/ARMY CORPS OF ENGINEERS/FEASIBILITY
STUDY/SANTA MONICA BREAKWATER: Contract No. 5762 (CCS) was
approved with the Army Corps of Engineers for the preparation of
a feasibility study of the Santa Monica breakwater.
6-D: CONFERENCE/CALIFORNIA WATER POLICY: The co-sponsorship of
a conference on California Water Policy and a contribution of
$2,500 to help offset conference costs was approved.
END OF CONSENT CALENDAR
6-E: BAYSAVER FIXTURE REBATE PROGRAM: Member of the public Joy
Fullmer expressed her concerns. Council asked questions of
staff. Mayor Pro Tempore Genser moved to approve a $250,000
increase in the contract amount for DMC Services, Inc. for
services related to the BAYSAVER fixture rebate program through
November 30, 1991, and authorize necessary budget changes.
Second by Councilmember Zane. The motion was approved by the
following vote:
council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
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Absent: Councilmember Katz
6-F: MEMORANDUM OF UNDERSTANDING/URBAN WATER CONSERVATION IN
CALIFORNIA: Member of the public Joy Fullmer expressed her
concerns. Mayor Pro Tempore Genser moved to approve and sign the
Memorandum of Understanding regarding Urban Water conservation.
Second by Councilmember Vazquez. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: councilmember Katz
7-A: APPEAL/CUP 91-020/0UTDOOR PATIO DINING/BOATHOUSE
RESTAURANT/ 301 SANTA MONICA PIER: Presented was the appeal of
Planning commission approval of CUP 91-020 to allow the on-site
sale of alcohol with a Type 47 alcohol license for a 106-seat
patio dining area for the Boathouse Restaurant at 301 Santa
Monica Pier. Applicant/Appellant: Boathouse Host. Appellant:
Ken Schonlau. Council asked questions of staff.
Applicant/Appellant Patricia Sheffield spoke in support of the
appeal. Appellant Ken Schonlau spoke in support of the appeal
and in opposition to the CUP. At 10:13 P.M., Mayor Abdo declared
the public hearing open. Member of the public Stephanie
Barbanell spoke in support of Ken Schonlau1s appeal and in
opposition to the CUP. Members of the public Linda Kurpaski,
Rick Howard, and Bob de la Pena spoke in support of the Boathouse
Restaurant appeal. John Gilchrist (Pier Restoration Committee),
speaking on behalf of applicant/appellant Boathouse Host,
provided a rebuttal in support of the appeal. Mayor Abdo closed
the public hearing at 10:30 P.M. Discussion was held.
Councilmember Zane moved to approve the CUP subject to the
findings and to amend the conditions to include the following:
when the outdoor patio is available for general public use,
people who are patrons should be expressing their intent to eat
and when a private event is being held food must be available;
that the hours of the outdoor patio be the same as the hours of
the restaurant in all respects; that the door on the outdoor
patio area be restricted to emergency access, handicapped access,
and delivery; specific language which provides that the Council
may, at any time, adopt new parameters of operation with respect
to the outdoor patio as long as similar parameters for the
operation of all outdoor patio areas on the pier be adopted.
Second by Councilmember Vazquez. Discussion was held.
Councilmember Zane moved to extend the meeting to 12:00 Midnight.
Second by Councilmember Vazquez. The motion was unanimously
approved, councilmember Katz absent.
Discussion continued. Mayor Pro Tempore Genser moved to amend
the motion to allow recorded background music in the patio area
not to exceed 50dB. The motion was accepted as friendly. The
above motion was approved by the following vote:
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council vote: Affirmative: Councilmembers Genser, Holbrook,
Vazquez, Zane, Mayor Abdo
Negative: Councilmember Olsen
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Absent: Councilmember Katz
7-B: APPEAL/VARIANCE 90-039/WAIVER OF PARCEL MAP 90-001/2039-
2045 11TH STREET: The Appeal of Planning commission denial of
Variance 90-039 and waiver of Parcel Map 90-001 to allow the
adjustment of a parcel line and to allow the creation of a lot
that is approximately 3' in depth less than the minimum 100 I
depth required at 2039-2045 11th Street, was continued to the
meeting of October 22, 1991.
7-C: APPEAL/CUP 91-007/RESTAURANT/DANCE CLUB/1360 3RD STREET
PROMENADE: The Appeal of a Planning commission denial of cup
91-007 to allow the expansion of an existing restaurant/dance
club at 1360 3rd Street Promenade was continued to the meeting of
October 1, 1991.
a-A: ORDINANCE/NEW WASTEWATER RATE STRUCTURE: The ordinance for
introduction and first reading amending Santa Monica Municipal
Code sections 7137 and 7143 to incorporate the new wastewater
rate structure was continued to the meeting of October 1, 1991.
a-B: ORDINANCE/PREFERENTIAL PARKING ZONE L/SANTA MONICA COLLEGE:
Presented was an ordinance for introduction and first reading I
amending Santa Monica Municipal Code section 323aL to expand
Preferential Parking Zone L around Santa Monica College. At
11:20 P.M., Mayor Abdo declared the public hearing open. Member
of the public Daniel Colner spoke in support of the proposed
ordinance. Mayor Abdo closed the public hearing at 11: 23 P.M.
councilmember Zane moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
3238L TO EXPAND PREFERENTIAL PARKING ZONE L," reading by title
only and waiving further reading thereof. Second by Mayor Pro
Tempore Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
9-A: CLOSED SESSION: Held at end of meeting.
10-A: LOCAL COASTAL PROGRAM: The pUblic hearing on the proposed
Local Coastal Program was continued to the meeting of October 1,
1991.
14-A: APPOINTMENTS/COMMISSION ON OLDER AMERICANS/HOUSING
COMMISSION: Mayor Abdo opened the floor to nominations to fill I
the vacancy on the Commission On Older Americans. Mayor Pro
Tempore Genser moved to appoint Carmen E. Lopez, R.N., by
acclamation to the Commission On Older Americans for a term
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ending June 30, 1995. The motion was unanimously approved,
Councilmember Katz absent. Mayor Abdo then opened the floor to
nominations to fill the vacancy on the Housing commission. Mayor
Pro Tempore Genser moved to appoint Parviz Sarem Bakhtiar by
acclamation to the Housing Commission for a term ending June 30,
1993. The motion was unanimously approved, Councilmember Katz
absent.
14-B: APPOINTMENT/CHARTER REVIEW COMMISSION: The discussion
regarding the appointment of a member to the Charter Review
Commission was continued to the meeting of October 1, 1991, at
the request of Councilmember Vazquez.
14-C: STUDY OF TORCA PROGRAM: Councilmember Zane presented his
request to discuss undertaking a comprehensive study of the TORCA
program. Councilmember Zane moved to direct staff to return to
Council with a proposed work plan for discussion regarding the
TORCA program and seek professional assistance in evaluating the
TORCA process and assessing the programs of councilmembers and
other community members in order to determine if it is achieving
the objectives which it was crafted to achieve. Second by
Councilmember Vazquez. The motion was unanimously approved,
Councilmember Katz absent.
14-0: JOB TRAINING PROGRAMS: Councilmember Vazquez presented
his request to discuss jOb training programs available to the
community. staff presented a proposal for a job training
program. Counci1member Vazquez moved to adopt the proposal in
concept and direct staff to return for approval of the proposal.
Second by Mayor Pro Tempore Genser. Councilmember Olsen moved to
hear from members of the public. The motion died for lack of a
second. The above motion was unanimously approved, Councilmember
Katz absent.
15. PUBLIC INPUT: Members of the public Jim Bernet and Sylvia
Green presented a model ordinance for the elimination of smoking
in enclosed public places. Member of the public Art Casillas
spoke in support of the proposed job training program.
9-A. CLOSED SESSION: At 11:40 P.M., Council adjourned to Closed
Session for the purpose of considering litigation threatened
against the city of Santa Monica by Broadway and Cloverf ield,
Ltd.
City Clerk Dykhouse was excused from the meeting.
At 12:05 P.M., Council reconvened with all members present,
Councilmember Katz absent. city Manager Jalili acted as City
Clerk. Mayor Abdo moved to authorize the City Manager to
negotiate Contract No. 5763 (CCS) with Broadway and Cloverfield,
Ltd. The motion was duly seconded and carried, with
Councilmembers Genser and Olsen voting no, councilmember Katz
absent.
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ADJOURNMENT: At 12:07 P.M., the meeting was adjourned in memory
of Maude Ella Fraynd, to October 1, 1991, at 7:30 P.M. A Special I
Joint Meeting will also be held on September 30, 1991, for the
Annual Board and Commission meeting.
ATTEST:
APPROVED:
Clarice E.
city Clerk
.t!; ()~
DYkh~
9" 4 A,..~
Judy Abdo
Mayor
John Jalili
Acting city Clerk
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September 24, 1991