CITY OF SANTA MONICA
CITY COUNCIL MEETING 08/20/91
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.
6-A: FINAL SUBDIVISION MAP/TRACT NO. 47386/CONDOMINIUMS/1744
10TH STREET: Resolution No. 8279(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47386," was
adopted, thereby approving a 5-unit condominium project at 1744
10th Street.
END OF CONSENT CALENDAR
8-D: TRANSPORTATION MANAGEMENT PLAN: Presented was an ordinance
for introduction and first reading regarding the Transportation
Management Plan (TMP) and resolution certifying the Final
Environmental Impact Report. Council asked questions of staff.
At 8:13 P.M., Mayor Abdo declared the public hearing open.
Member of the public Joy Fullmer expressed her concerns. Members
of the public Norma Gonzales and Colleen Dalgleish spoke in
support of the ordinance with changes. Councilmember Zane moved
to hear late chits. Second by Councilmember Olsen. The motion
was unanimously approved, Councilmember Katz absent. Members of
the public Saxe Dobrin and Laurel Roennau spoke in support of the
ordinance with changes. Member of the public Paul Silvern urged
Council to continue this item. Mayor Abdo closed the public
hearing at 9:46 P.M. Discussion was held. Councilmember Zane
moved to continue this item to the meeting of September 24, 1991.
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
8-E: STREET PERFORMANCE REGULATIONS/THIRD STREET PROMENADE:
Presented was an emergency ordinance entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6291
TO CHAPTER 2A OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH STREET PERFORMANCE REGULATIONS FOR THE THIRD STREET
PROMENADE AND SURROUNDING AREAS AND DECLARING AN EMERGENCY,"
reading by title only and waiving further reading thereof, for
introduction and adoption adding Section 6291 to Chapter 2A of
Article VI of the Santa Monica Municipal Code to establish street
performance regulations for the Third Street promenade and
surrounding areas and declaring the presence of an emergency.
Council asked questions of staff.
At 9:45 P.M., Council adjourned for a short recess. Council
reconvened at 10:05 P.M. with all members present.
8-E: STREET PERFORMANCE REGULATIONS/THIRD STREET PROMENADE
(RESUMED): At 10:05 P.M., Mayor Abdo declared the public hearing
open. Councilmember Zane moved to admit and hear the existing
late chits and not hear any others. Second by Councilmember
Holbrook. The motion was unanimously approved, Councilmember
Katz absent. Members of the public Jeff Marshall, Tom Carroll,
Hanna Hartwell, Thierry Leduc, Susan Emann, Mike Forbes, Earlene
Smith, J. P. Hallet, Gayle Gunther, and Moti spoke in support of
the proposed ordinance. Members of the public Ed Henderson,
Barbara Gary, Dorice Kennerly, Jerry Rubin, Aric Leavitt, Lee
Zimmerman, Sean Haines, Robert Parrish, Kathryn Mora, Mitch
Rudman, Arthur Nakane, and Melissa Penchoen spoke in opposition
to the proposed ordinance. Member of the public Beloved Quail
offered suggestions for amendments to the ordinance. Members of
the public Joy Fullmer and Russell Taylor expressed their
concerns.
Councilmember Zane moved to extend the meeting to 12:30 A.M.
Second by Councilmember Vazquez. The motion was unanimously
approved, Councilmember Katz absent.
Mayor Abdo closed the public hearing at 11:05 P.M. Discussion
was held. Mayor Pro Tempore Genser moved to refer this item to
staff to return with an ordinance dealing primarily with hours
and noise standards, and potentially examine the possibility of
self-regulation with performers, residents, and merchants.
Second by Mayor Abdo. Discussion was held. Councilmember Zane
moved a substitute motion to adopt the proposed ordinance with
amendments to allow nine performance spots overall rather than
three spots per block and grant flexibility to staff in
cooperation with the Bayside District Corporation to designate
those spaces, exempt non-stationary and non-noise-making
performances from the ordinance, encourage staff to develop a
strong training of enforcement program, and review the program
90-days from its implementation. Second by Councilmember Olsen.
Discussion was held. Councilmember Vazquez moved to amend
Councilmember Zane's motion to apply the proposed ordinance to
the 1300 and 1400 blocks and that the 1200 block be unregulated
with regard to location and number of performers. Councilmember
Zane accepted the amendment as friendly with the condition that
no more than nine spaces be allowed. Discussion was held.
Councilmember Zane moved to amend his motion to extend afternoon
hours of performance to 2:00 P.M., Friday and Saturday night to
Midnight, and week night hours to 10:00 P.M., as proposed. Mayor
Abdo moved to amend the motion to delete Section 6291(e)(5)
restricting the number of performers to no more than five in any
performance. The motion was accepted as friendly. The motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Olsen, Vazquez, Zane
Negative: Councilmembers Genser, Holbrook,
Mayor Abdo
Absent: Councilmember Katz
Mayor Pro Tempore Genser restated his motion to include
limitation of the hours of performances to between 11:00 A.M. and
2:00 P.M. for afternoon performances, extending the hours of
performance to Midnight on Friday and Saturday, and 10:30 P.M. on
week nights (being Sunday through Thursday), request staff to
return with noise standards, request staff to facilitate meetings
between the three parties involved (performers, residents, and
business people) to encourage some sort of method of
self-regulation and/or report back on any observations of the new
hours and if there need to be any other proposals, such as the
lottery system, empower staff to establish performance-free zones
around areas of concentration of residents, returning no later
than 90 days with recommendations. City Attorney Myers clarified
that Section 6291(e)(2) is included, Section 6291(e)(3) will be
re-written to state that the City can designate certain areas
where performances occur or certain types of performances are
prohibited, Section 6291(e)(4) is included, Section 6291(e)(5) is
deleted, Section 6291(e)(6) is included, Section 6291(e)(7) is
included, Section 6291(e)(8) is deleted, Section 6291(e)(9) is
included, Section 6291(e)(10) is included, and Section
6291(e)(11) is no longer applicable. Discussion was held. Mayor
Pro Tempore Genser moved to amend his motion that the ordinance
include language that no performer shall block the entrance of
any open business unless the person has the consent of the
business. Discussion was held. The motion failed by the following
vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Mayor Abdo
Negative: Councilmembers Olsen, Vazquez, Zane
Absent: Councilmember Katz
Councilmember Zane changed his vote above to affirmative in the
spirit of cooperation in hopes that other councilmembers will
reflect that when the period is over they will be prepared to
consider more effective measures to address the problem. The
motion that was crafted from Mayor Pro Tempore Genser's motion
with the amendments as discussed above was approved and the hours
are to go into effect immediately. [Editor's Note: Santa Monica
City Charter Section 615 - Adoption of Ordinances and
Resolutions - states in part that an Emergency Ordinance requires
". . .at least five affirmative votes. . ." in order to be
adopted at one and the same meeting. A Special Meeting will be
held on August 22, 1991 to reconsider this emergency ordinance.]
8-F: BUSINESS LICENSE FEE EXEMPTIONS/CIVIC AUDITORIUM:
Presented was an ordinance for introduction and first reading
amending Santa Monica Municipal Code Section 6053B to exempt
Civic Auditorium lessees from business license fees. Mayor Pro
Tempore Genser moved to waive the staff report. Second by Mayor
Abdo. The motion was unanimously approved, Councilmember Katz
absent. At 12:03 A.M., Mayor Abdo declared the public hearing
open. Member of the public Joy Fullmer expressed her concerns.
Mayor Abdo closed the public hearing at 12:05 A.M. Mayor Pro
Tempore Genser 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 6053B TO
EXEMPT CIVIC AUDITORIUM LESSEES FROM BUSINESS LICENSE FEES,"
reading 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
9-A: URBAN RUNOFF: Presented was the staff report recommending
direction to the City Attorney to prepare an ordinance requiring
reduction in urban runoff from new development. Discussion was
held. Councilmember Vazquez moved to extend the meeting to 1:00
A.M. Second by Mayor Abdo. The motion was approved.
Councilmember Katz absent. Member of the public Joy Fullmer
expressed her concerns. Member of the public Greg Elliot spoke
in support of the staff recommendation. Mayor Abdo moved to
direct the City Attorney to draft an ordinance requiring a
reduction in urban runoff from new development and the
implementation of various good housekeeping practices by both new
development and existing properties to decrease the overall
amount of pollution entering Santa Monica Bay. Second by Mayor
Pro Tempore Genser. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
10-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was the public
hearing on assessment of costs to repair damaged sidewalks,
driveways and curbs. There were no protests. At 12:20 A.M.,
Mayor Abdo declared the public hearing open. There being no one
wishing to speak, Mayor Abdo closed the public hearing. Mayor
Pro Tempore Genser moved to adopt Resolution No. 8280(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
(SR91-174)," reading 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
10-B: ASSESSMENT/TREE PLANTING/WILSHIRE BOULEVARD: Presented
was the public hearing for the confirmation of assessment of
costs for tree planting on Wilshire Boulevard between Ocean
Avenue and Centinela Avenue. At 12:25 A.M., Mayor Abdo declared
the public hearing open. There being no one wishing to speak,
Mayor Abdo closed the public hearing. Mayor Pro Tempore Genser
moved to acknowledge one protest and adopt Resolution No.
8281(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND
CONFIRMING ASSESSMENTS FOR TREE PLANTING ON WILSHIRE BOULEVARD
BETWEEN OCEAN AVENUE AND CENTINELA AVENUE," reading 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
14-A: APPOINTMENT/COMMISSION ON OLDER AMERICANS: Councilmember
Vazquez moved to continue the appointment of a member to the
Commission on Older Americans to the meeting of September 10,
1991. Second by Mayor Abdo. The motion was unanimously
approved, Councilmember Katz absent.
14-B: MODIFICATION OF SIGN ORDINANCE/PROMENADE: Mayor Pro
Tempore Genser moved to continue Councilmember Katz's request to
discuss modification of the sign ordinance regarding the
Promenade to the meeting of September 10, 1991. Second by Mayor
Abdo. The motion was unanimously approved, Councilmember Katz
absent.
14-D: RECYCLING REQUIREMENTS/RECYCLING FACILITIES: Mayor Pro
Tempore Genser presented his request to discuss directing staff
to prepare an ordinance to require the City to impose recycling
requirements and recycling facilities as conditions of all future
development permits. Mayor Pro Tempore Genser moved to direct
staff to prepare an ordinance to require the City to impose
recycling requirements and recycling facilities as conditions of
all future development permits. Second by Mayor Abdo. The
motion was unanimously approved, Councilmember Katz absent.
14-E: POSTING OF SIGNS/PAINT IS HAZARDOUS WASTE: Presented was
the request of Councilmember Olsen to discuss directing staff to
prepare an ordinance that would require businesses that sell
paint to post signs indicating that paint is a hazardous waste
and listing the address of the hazardous waste facility.
Discussion was held. Councilmember Olsen moved to direct staff
to prepare an ordinance that would require businesses that sell
paint to post signs and place stickers on paint containers
indicating that paint is a hazardous waste and listing the
address of the hazardous waste facility. Second by Mayor Pro
Tempore Genser. The motion was unanimously approved,
Councilmember Katz absent.
14-F: L.A. WALK FOR WOMEN'S HEALTH/SANTA MONICA HEALTH FAIR:
Presented was the request of Mayor Abdo to discuss co-sponsoring
the L.A. Walk for Women's Health and Santa Monica Health Fair on
September 14, 1991. Mayor Abdo moved to co-sponsor the L.A.
Walk for Women's Health and Santa Monica Health Fair on September
14, 1991. Second by Mayor Pro Tempore Genser. The motion was
unanimously approved, Councilmember Katz absent.
14-G: APPOINTMENT/HOUSING COMMISSION: Mayor Pro Tempore Genser
moved to continue the appointment of a member to the Housing
Commission to the meeting of September 10, 1991. Second by Mayor
Abdo. The motion was unanimously approved, Councilmember Katz
absent.
CLOSED SESSION: At 12:45 A.M., Council adjourned to Closed
Session for the purpose of considering personnel matters and
settlement in the case of Mazur v. City of Santa Monica, et al.,
Santa Monica Superior Court Case Number SC 003 589.
At 1:05 A.M., Council reconvened with all members present.
12-A: MEMORANDUM OF UNDERSTANDING/PUBLIC ATTORNEY'S UNION:
Councilmember Vazquez moved to approve Contract No. 5750(CCS) and
adopt Resolution No. 8282(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
CITYMANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
PUBLIC ATTORNEYS UNION" 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
12-B: EXECUTIVE PAY PLAN: Councilmember Zane moved to adopt
Resolution No. 8283(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY
PLAN," 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-B: CLOSED SESSION: Mayor Pro Tempore Genser moved to approve
settlement in the case of Mazur v. City of Santa Monica, et al.,
Santa Monica Superior Court Case Number SC 003 589, in the amount
of $29,823.13. 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