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M-8/6/1991 I I I 27 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 6, 1991 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, August 6, 1991, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser Counci1member Robert T. Holbrook Councilmember Herbert Katz (arrived at 7:50 P.M.) Councilmember Kelly Olsen councilmember Antonio Vazquez Counci1member Dennis Zane City Manager John Jalili Assistant City Attorney Joe Lawrence Assistant City Clerk Beth J. Holmes Councilmember Zane led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. Also Present: At 7:40 P.M., a Housing Authority Special Meeting was convened. Housing 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 Assistant Authority Attorney Joe Lawrence Assistant Authority Clerk Beth J. Holmes HA-1: MINUTES APPROVAL: Authority Member Holbrook moved to approve the Housing Authority minutes of June 25, 1991, as presented. Second by Chair Pro Tempore Genser. The motion was approved by the following vote: Housing Authority Vote: Affirmative: Authority Members Genser, Holbrook, Olsen, Vazquez, Zane, Chair Abdo Absent: Authority Member Katz At 7:45 P.M., the Housing Authority Special Meeting was adjourned and the City Council Meeting was reconvened. 1 August 6, 1991 28 Councilmember Katz reported present at 7:50 P.M. 9-A: OUTDOOR DINING GUIDELINES: Presented was the staff report recommending approval of Ocean Avenue and Third Street Promenade Outdoor Dining Guidelines, authorization for the City Manager to negotiate and execute outdoor dining license agreements with restaurant operators, and direction to staff to prepare Citywide outdoor Dining Guidelines. Council asked questions of staff. At 8:40 P.M., Mayor Abdo declared the public hearing open. Members of the public Carl Buck and Bob Resnick spoke in support of the guidelines. Member of the public Joy Fullmer expressed her concerns. Member of the public Stephanie Barbanell offered recommendations for inclusion in the dining standards. Members of the pUblic Richard Irving and Ernest Lepore spoke in opposition to the prohibition of amplified music and in support of relaxed restrictions on alcohol service for patio dining. Member of the public Jim Sheftel spoke in support of the guidelines with amendments. Member of the public Walter Marks spoke in opposition to the guidelines as proposed and requested an exemption from the guidelines for Humphrey Yogart1s. Members of the public Dan Ringwood, Tony Palermo, and Dirk Farrow spoke in support of relaxed restrictions on alcohol service for patio dining. Members of the pUblic Herbert Boks and Lisa Boks requested an exemption from the guidelines for Humphrey Yogart's. Member of the public Sean Farrow discussed policies which have been implemented by the Promenade Restaurant Association. Member of the public Herb Astrow spoke in opposition to the proposed guidelines. At 9:50 P.M., council adjourned for a short recess. reconvened at 10:10 P.M. with all members present. council 9-A: OUTDOOR DINING GUIDELINES (RESUMED): Member of the public Raul Da Costa requested an exemption from the guidelines for Humphrey Yogart's and spoke in support of relaxed restrictions on alcohol service for patio dining. Member of the public Michael Monaldo offered suggestions for guidelines. Member of the public Holly Edwards requested an exemption from the guidelines for Humphrey Yogart IS. Member of the public Hilde Heidt spoke in support of relaxed restrictions on alcohol service for patio dining. Member of the public Jivan Tabibian spoke in opposition to the month-to-month agreement and in support of relaxed restrictions on alcohol service for patio dining. Member of the public Wendy Bentkoski discussed policies which have been implemented by the Promenade Restaurant Association. Member of the public Gary Freedman spoke in support of full barriers for outdoor dining establishments on Ocean Avenue. Mayor Abdo moved to hear late chits. Second by Councilmember Katz. The motion was unanimously approved. Members of the public Gene Rotondo and Neal Rocklin spoke in opposition to restricting the use of patios in outdoor dining. Member of the public David Lee Strasberg spoke in support of full barriers for outdoor dining establishments on Ocean Avenue. Member of the public Jeff King urged Council to use CUPs to govern alcohol sales and consider Third street and Ocean Avenue as separate entities when considering outdoor dining. Member of the public Aric Leavitt 2 August 6, 1991 I I I I I I 29 spoke in support of relaxed restrictions on alcohol service for patio dining. Member of the public Christian Title spoke in opposition to the proposed changes in outdoor dining guidelines. Councilmember Vazquez moved to extend the meeting to 12:30 A.M. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. Member of the public Michael Gonzalez urged Council to reinstate the 151 set-aside from the corners. Member of the public John Clarizio spoke in support of relaxed restrictions on alcohol service for patio dining. Member of the public Lisa Kantor spoke in opposition to the utilization of planters in patio partitions and the proposed enforcement of the guidelines. Member of the public West Hooker spoke in support of grand fathering existing facilities. Mayor Abdo closed the public hearing at 11:17 P.M. Councilmember Zane moved to adopt the staff recommended guidelines and operations for the Third Street Promenade. Second by Mayor Abdo. Discussion was held. Councilmember Zane moved to amend the motion to provide that amplified music will be permitted if it is not so loud that it can be heard in an adjacent premise with the windows and doors closed. The motion was accepted as friendly. Discussion was held. Counci1member Zane moved to amend the motion to direct staff to investigate methods of enforcement of the Outdoor Dining Guidelines or operational issues relegating same to one clear locus of responsibility, other than the police department. The motion was accepted as friendly. Discussion was held. Counci1member Zane moved to amend the motion to clarify that alcohol service will cease at 11:00 P.M., and all drinking in the outdoor dining area will cease at 11:30 P.M. Second by Mayor Pro Tempore Genser. Discussion was held. Councilmember Katz moved a substitute motion to allow alcohol service on the patio until 12:00 Midnight, Monday through Thursday, and Friday, Saturday, and Sunday until 1:00 A.M., drinking to cease thirty minutes thereafter. Second by Councilmember Holbrook. Discussion was held. The substitute motion failed by the following vote: council vote: Affirmative: Councilmembers Holbrook, Katz Negative: councilmembers Genser, Olsen, Vazquez, Zane, Mayor Abdo councilmember Holbrook moved a substitute motion that liquor service will cease on the outdoor patio without food service at 11:30 P.M., removing the drinkS at 12:00 Midnight. Second by Councilmember Katz. Discussion was held. The substitute motion was approved by the following vote: 3 August 6, 1991 30 council vote: Affirmative: Councilmembers Holbrook, Katz, Vazquez, Zane, Mayor Abdo Negative: councilmembers Genser, Olsen I councilmember Zane moved to include as part of the policy reflection, direction to staff to meet and confer and return with a recommended course of action with respect to a reasonable compliance approach with Humphrey Yogart's (which might include consideration with respect to rent relief in light of the cost expended, etc.). Second by councilmember Katz. Discussion was held. councilmember Zane moved to direct staff to return with timeline compliance. The motion was accepted as friendly. Discussion was held. councilmember Zane moved to allow retractable awnings to extend further than the 50% direction in inclement weather. The motion was accepted as friendly. Discussion was held. councilmember Zane moved to amend the motion to restrict outdoor dining wi thin 15 I of the curb as a general rule and that staff return after examining the case of Arizona to determine if more permissive standards might be adopted. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to require 3 -1/ 2 ' -4 1 dividers delineating the areas between patios. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to include language clarifying that awnings may extend 61 from the building front and may not cover more than 50% of the depth of the outdoor dining area. The motion was accepted as friendly. I Mayor Pro Tempore Genser moved to include language that alcohol sales may only be made in the outdoor dining areas when food is purchased in conjunction with the alcohol. Discussion was held. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to include language that people must attend a class organized by an organization such as the Bayside Restaurant Association, but not tied thereto. The motion was accepted as friendly. Discussion was held. Mayor Pro Tempore Genser moved to require that if any alcoholic beverage specials are offered that non-alcoholic beverage specials must also be offered. The motion was accepted as friendly. Mayor Abdo moved to amend the motion to clarify that three violations would constitute a basis for immediate closure of the. outdoor dining section of the facilities. The motion was accepted as friendly. Discussion was held. Councilmember Vazquez moved to extend the meeting to 1: 30 A. M. Second by Mayor Pro Tempore Genser. The motion was approved, Councilmember Katz opposed. Discussion continued. Councilmember Vazquez moved to direct staff to return with results of a study of the viability of the 30-day cancellation issue. The motion was accepted as friendly. The motion was approved by the following vote: Council vote: Unanimously Approved 7-0 I 4 August 6, 1991 I I I 31 Mayor Pro Tempore Genser moved to direct staff to prepare a draft of the Ocean Avenue Outdoor Dining Guidelines which incorporates amendments made to the Third street Outdoor Dining Guidelines, where applicable, which will be substantially similar to the Third street Outdoor Dining Guidelines. Second by Councilmember Vazquez. Discussion was held. The motion was unanimously approved. Councilmember Zane moved to direct staff to develop citywide Outdoor Dining Guidelines for Architectural Review Board approval, Planning Commission and City Council consideration at a future meeting. Second by councilmember Katz. The motion was unanimously approved. 13-A: GANDHI STATUE: Presented was the request of Louise Gabriel, President, santa Monica Historical Society, to address Council regarding reconsideration of the placement of the Gandhi statue in Palisades Park. Councilmember Katz moved to hear from members of the public. Second by Councilmember Holbrook. The motion was unanimously approved. Member of the public Jean Gebman spoke in support of a process and standard requiring a substantial case with a very significant consensus of the community supporting the placement of objects in Palisades Park, especially if the obj ect has the potential of interrupting the view. Discussion was held. No action was taken. l4-A: CITY MASS MAILINGS: Presented was the request of Mayor Pro Tempore Genser to discuss and adopt a policy to prohibit the inclusion of references to organizations which regularly take positions on electoral matters in City mass mailings. Mayor Pro Tempore Genser moved to institute a policy that Council does not wish the city to include mention of organizations which regularly take positions on political matters in city mailings. Second by Councilmember Zane. The motion was unanimously approved. l4-B: APPOINTMENTS/BOARDS & COMMISSIONS: Mayor Abdo opened the floor to nominations to fill the vacancy on the Housing Commission. Mayor Pro Tempore Genser moved to appoint Marlene Sinderman by acclamation to the Housing Commission for a term ending June 30, 1993. Second by Councilmember vazquez. The motion was unanimously approved. l4-C: GUIDELINES FOR STREET PERFORMERS ON THE PROMENADE: Presented was Councilmember Zane I s request to discuss the need for guidelines for street performers on the Promenade. counci1member Zane moved to direct staff to prepare operational guidelines to establish locations in the roadway for street performers, to identify a way in which those zones can be inobtrusively designated visually (no more than three zones per block), and establish a first come/first served process for performers. Further, Counci1member Zane included in his motion that the police department not be the primary enforcing agency. 5 August 6, 1991 32 Second by councilmember Katz. Discussion was held. The motion was unanimously approved. Councilmember Katz left the meeting at 1:05 A.M. 14-D: TRANSIT PLANNING PROCESS: Presented was Councilmember Zane's request to discuss the need to create a transit planning process. Councilmember Zane moved to direct staff to develop and identify appropriate public participation process and mechanisms for anticipating a transit system in Santa Monica. Second by Mayor Abdo. The motion was unanimously approved, Councilmember Katz absent. I Councilmember Zane moved to extend the meeting to 1: 45 A.M. Second by Mayor Pro Tempore Genser. The motion was unanimously approved, Councilmember Katz absent. CLOSED SESSION: At 1:20 A.M., Council adjourned to Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city. At 1: 53 A.M., Council reconvened, with Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, and Mayor Abdo present. Mayor Abdo announced that there was no action taken. 15. PUBLIC INPUT: Member of the public Beloved Quail/One Over I Humanity addressed Council regarding street performers, the homelessness issue, and the Sabbath. Member of the public Art Casillas addressed Council regarding policing and gang problems in the Pica neighborhood. ADJOURNMENT: At 2:02 A.M., the meeting was adjourned. ATTEST: ~~ Beth J. Holmes Deputy City Clerk APPROVED: fuL; dh Judy Abdo Mayor I 6 August 6, 1991