CITY OF SANTA MONICA
CITY COUNCIL MEETING 08/06/91
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.
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 Yogart's. 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. Council
reconvened at 10:10 P.M. with all members present.
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's. 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
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 15' 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 grandfathering 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. Councilmember
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. Councilmember 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:
Council vote: Affirmative: Councilmembers Holbrook, Katz,
Vazquez, Zane, Mayor Abdo
Negative: Councilmembers Genser, Olsen
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 within 15' 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' 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 6' 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.
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
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 object has the potential of interrupting the
view. Discussion was held. No action was taken.
14-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.
14-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.
14-C: GUIDELINES FOR STREET PERFORMERS ON THE PROMENADE:
Presented was Councilmember Zane's request to discuss the need
for guidelines for street performers on the Promenade.
Councilmember 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, Councilmember Zane included in his motion
that the police department not be the primary enforcing agency.
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.
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
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 Pico neighborhood.