CITY OF SANTA MONICA
CITY COUNCIL MEETING 04/18/89
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
transmitting a recommendation to direct the City Attorney to
revise the Vending Ordinance to permit outdoor vending in Santa
Monica. Council asked questions of staff. Member of the public
Joy Fullmer expressed her concerns regarding permitting outdoor
vending in the downtown area. Discussion was held. Mayor Pro
Tempore Finkel moved to approve the staff recommendation on the
trial basis, and under the limitations recommended in the staff
report dated April 11, 1989, with the condition that staff be
instructed to inquire into the question of the legality of
providing discriminatory preferences for the issuance of vendor
permits to people who may be disabled, and to return to Council
with recommended adjustments to make that possible. Second by
Councilmember Genser. Councilmember Katz moved a substitute
motion to limit vending to the Pier, Third Street Promenade, and
three locations in Palisades Park; to exclude commercial street
corners in the downtown area; and to limit vending to food only;
with the inclusion of Mayor Pro Tempore Finkel's provision for
preferences given to the disabled. Second by Councilmember Abdo.
The substitute motion failed by the following vote:
Council vote: Affirmative: Councilmember Katz
Negative: Councilmembers Abdo, Finkel, Genser,
Mayor Zane
Absent: Councilmembers Jennings, Reed
Mayor Zane moved to amend the main motion to limit the vending to
food only, and to direct staff to prepare the appropriate
findings. The amendment was accepted as friendly by the maker
and second of the main motion. Mayor Zane moved to amend the
main motion to include two vending locations in Palisades Park.
The amendment was accepted as friendly by the maker and second of
the main motion. Mayor Zane moved to direct the staff to provide
for a multi-year permit process, though in the first year the
permit would be revocable if the Council should choose to
discontinue the program. The amendment was accepted as friendly
by the maker and second of the main motion. Mayor Zane moved to
amend the motion to direct staff to develop a system that would
provide preference in subsequent years for awarding vending
permits to individuals who were issued permits in previous years,
thereby providing continuity for people who are issued vending
permits during the trial period, should Council decide to
continue the program. The motion was accepted as friendly by the
maker and second of the main motion. Councilmember Katz moved to
continue the item to the meeting of April 25, so that the City
Attorney may provide Council with an opinion regarding Council's
legal ability to limit vending in the commercial areas to food
only. Second by Mayor Pro Tempore Finkel. During discussion,
Councilmember Katz withdrew his substitute motion and Mayor Pro
Tempore Finkel withdrew his second. Councilmember Katz moved to
amend the main motion to condition Council's approval upon the
City Attorney's assurance that vending can be limited to food
only in the commercial areas, and that if Council's position to
limit vending is successfully challenged in Court, then vending
will thereby be limited to Palisades Park. The amendment was
accepted as friendly by the maker and second of the original
motion. The main motion, as amended, was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Mayor Zane
Absent: Councilmembers Jennings, Reed
11-B: CLOSED SESSION: Not held.
12-A: APPEAL/DEVELOPMENT REVIEW 457/HOTEL DEVELOPMENT/3007 SANTA
MONICA BLVD.: Presented was an appeal of the Planning Commission
approval of Development Review 457, ZA 5377-Y, EIA 876, 3007
Santa Monica Boulevard, for a four story, 31,575 sq. ft., 68 room
hotel with three rent controlled replacement units and a total of
55 parking spaces; Applicant: Douglas Barnard, Inc. Appellant:
David S. Wyle for the Friends of Stanford Street Committee, Mid
City Neighbors, continued from March 28, 1989. Council asked
questions of staff. At 8:40 p.m., Mayor Zane declared the public
hearing opened. Appellant David Wyle spoke in support of the
appeal. Applicant King Chai, and Gary Ojen spoke in support of
the project. Jay Frierman, Harold McCaffery, Merritt Coleman,
Steven Porter, Carol Horner, Jack Baptista, Ed Simonian, Sylvia
Schniad, Bijan Rad, Anita Badostain, Bill Albriton, Joseph Karr
O'Connor, Linda Karr O'Connor, Donald Lewin Nelson, Richard Catt,
Kat Warren, and Bill Weingarden spoke in opposition to the
proposed project. Virginia Guzman, Joy Fullmer, and Charles Jeng
spoke in support of the proposed project. Russell Barnard spoke
in rebuttal to remarks made in opposition to the project. Ralph
Cizmar spoke on behalf of the Friends of Stanford Street.
Discussion was held. Councilmember Genser moved to grant the
appeal, and remand the item to the Planning Commission for
additional environmental study; to request that the Commission
require the developer to include, in this project, parking for
the hotel units and apartment units per the current code; that
the new lay-out for the hotel rooms, as presented before Council,
be reviewed; that the Planning Commission consider a wall along
the east property line; and that the height shall be no higher
than 42 feet, as submitted in the plans. Second by Mayor Pro
Tempore Finkel. Councilmember Katz moved a substitute motion to
deny the appeal and approve the Development Review 457 with the
following conditions: 1) that parking be brought up to code,
including parking for the apartment units; 2) to include a 42
foot height limit, along with all other Planning Commission
height conditions; 3) to include a wall along the east property
line; 4) that the floor plan submitted to Council, indicating the
furniture lay-out and closets, be the plan used for this project;
5) and that all conditions of the Planning Commission be
included. Second by Councilmember Abdo. The substitute motion
failed by the following vote.
Council vote: Affirmative: Councilmembers Abdo, Katz, Mayor
Zane
Negative: Councilmembers Finkel, Genser,
Absent: Councilmembers Jennings, Reed
The main motion failed by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor
Zane
Negative: Councilmembers Abdo, Katz
Absent: Councilmembers Jennings, Reed
Councilmember Katz, restating his motion, moved to deny the
appeal; approve the project with full parking, as per the current
code, for both the hotel and apartment units; with a 42 foot
height limit; with a wall on the east property line; and
approving the floor plan submitted to Council. Second by
Councilmember Abdo. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Katz, Mayor
Zane
Negative: Councilmembers Finkel, Genser
Absent: Councilmembers Jennings, Reed
After discussion, Councilmember Katz moved to request that
Council reconsider their votes on his prior motion, thereby
approving his substitute motion. Second by Councilmember Abdo.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz,
Mayor Zane
Negative: Councilmember Genser
Absent: Councilmembers Jennings, Reed
14-A: RECREATION AND PARKS COMMISSION: Presented was the matter
of the appointment of a member to the Recreation and Parks
Commission. Mayor Pro Tempore Finkel moved to continue this
appointment to the City Council meeting of April 25, 1989, to
provide Council with the opportunity to search for well qualified
candidates that meet the criteria required, specifically a female
candidate. Second by Mayor Zane. The motion was unanimously
approved.
14-C: DOWNZONING NORTH OF WILSHIRE: Mayor Pro Tempore Finkel
moved to continue Council discussion of this item to the Council
meeting of April 25, 1989, as a "5" Item. Second by
Councilmember Katz. Discussion was held. The motion was
unanimously approved.
14-D: AIRPORT COMMISSION/GARY SQUIER: Presented was the
acceptance of a letter of resignation from Gary Squier from
Airport Commission and authorization to City Clerk to publish a
notice of vacancy. Councilmember Katz moved to accept the
resignation with regret, and to direct the City Clerk to
advertise a notice of vacancy. Second by Councilmember Genser.
The motion was unanimously approved.
14-E: ASSEMBLY BILL 1719/AIDS INFORMATION: Presented was the
request of Councilmember Abdo to discuss support of AB 1719
(Hayden) regarding AIDS information to employees. Councilmember
Abdo initiated discussion and moved to request Council support
for this bill, and to inform the City's lobbyist of Council's
support. Second by Councilmember Katz. The motion was
unanimously approved.
14-F: SENATE BILL 103/AUTOMOBILE INSURANCE: Presented was the
request of Mayor Zane to discuss support of SB 103 (Robbins) in
regard to the non-renewal of automobile insurance policies by
insurers. Mayor Zane initiated discussion and moved to continue
this item to the Council meeting of April 25, 1989, and to direct
staff to investigate the views of consumer groups regarding this
measure, so that Council may be properly informed. Second by
Councilmember Genser. The motion was unanimously approved.
14-G: INDEPENDENT CITIES ASSOCIATION GENERAL MEMBERSHIP MEETING:
Presented was the request of Councilmember H. Katz to discuss a
request for allocation to host the Independent Cities Association
general membership meeting on Thursday, May 25, 1989.
Councilmember Katz initiated discussion and moved to allocate
$500.00 from the City Council funds to help subsidize the cost of
hosting the meeting. Second by Councilmember Genser. The motion
was unanimously approved.
14-H: SENATE BILL 1221/REDEMPTION VALUES FOR BEVERAGE
CONTAINERS: Presented was the request of Mayor Zane to discuss
support of SB 1221 (Hart) to increase redemption values for
beverage containers. Mayor Zane initiated discussion and moved
to express Council's support for Senate Bill 1221. Second by
Councilmember Katz. The motion was unanimously approved.
14-I: ASSEMBLY BILL 628/LOCAL INITIATIVES: Presented was the
request of Mayor Zane to discuss opposition to AB 628 (Kelley)
which provides that any local initiative which directly affects
any land use ordinances, policies, regulations, or residential or
commercial developments must be submitted to the State Office of
Planning and Research for an assessment. Mayor Zane initiated
discussion and moved that Council stridently oppose any effort on
the part of the State to interfere with the lawful exercise of
the local land-use authority, be it by initiative or by Council
action. Second by Councilmember Katz. Mayor Pro Tempore Finkel
moved to amend the motion to request that staff place an item
relating the the comparable Senate Bill on the agenda of April
25, 1989, as a "14" Item. The amendment was accepted as friendly
by the maker and second of the main motion. The motion, as
amended, was unanimously approved.
Councilmember Abdo requested a point of personal privilege to
address the record in regard to any perceived conflict of
interest in any projects that Russell Barnard might bring before
Council for approval. The Assistant City Attorney expressed the
opinion of the City Attorney's office that Councilmember Abdo has
no legal conflict of interest under any California statute, nor
under any principle of the common law, with respect to any item
that has been raised publicly at either of the two Council
meetings, and therefore has no conflict of interest.