M-1/26/1993
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 26, 1993
A regular meeting of the Santa Monica city council was called to
order by Mayor Abdo at 6:40 P.M. on Tuesday, January 26, 1993, in
the council chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio Vazquez
Councilmember Ken Genser
(arrived at 6:47 P.M.)
Counci1member Asha Greenberg
Counci1member Robert T. Holbrook
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
Acting City Attorney Joe Lawrence
City Clerk Clarice E. Dykhouse
Counci1member Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
At 6:43 P.M., a
convened.
Redevelopment Agency Special Meeting
was
Redevelopment Agency
Roll Call: Present:
Chair Judy Abdo
Chair Pro Tempore Antonio Vazquez
Agency Member Asha Greenberg
Agency Member Robert T. Holbrook
Agency Member Kelly Olsen
Agency Member Paul Rosenstein
Absent: Agency Member Ken Genser
Also Present: Executive Director John Ja1ili
Acting Agency Attorney Joe Lawrence
Agency Secretary Clarice E. Dykhouse
RA-l: MINUTES APPROVAL: Agency Member Holbrook moved to approve
the Redevelopment Agency minutes of January 12, 1993. Second by
Agency Member Greenberg. The motion was unanimously approved,
Agency Member Genser absent.
RA-2: REDEVELOPMENT AGENCY ANNUAL REPORT/1991-92: Presented was
the staff report recommending approval of the Redevelopment
Agency Annual Report for Fiscal Year 1991-92 and direction to the
Executive Director to transmit the report to the California
Department of Housing and Community Development. Agency Member
Holbrook moved to approve the Annual Report and direct the
Executive Director to transmit the report to the California
1 January 26, 1993
455
Department of
Agency Member
following vote:
Agency vote: Affirmative:
Housing and
Greenberg.
Community Development. Second by
The motion was approved by the
Agency Members Greenberg, Holbrook,
Olsen, Rosenstein, Vazquez,
Chair Abdo.
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Absent:
Agency Member Genser
At 6:46 P.M. the Redevelopment Agency Special Meeting adjourned
and the regular city council meeting was convened.
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. Councilmember
Holbrook moved to approve the consent Calendar, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by Councilmember Greenberg. The motion
was approved by the following vote:
council vote: Affirmative: Councilmembers Vazquez, Rosenstein,
Olsen, Holbrook, Greenberg,
Mayor Abdo
Absent: Councilmember Genser
6-A: MINUTES APPROVAL: The city Council minutes of January 12, I
1993, were approved as submitted.
6-B: AMENDMENT OF CONTRACT/PERS: Ordinance No. 1662 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM," was adopted on second
reading. [Edi tor's Note: Action was repeated on February 9,
1993 due to requirement of 21 days before adoption.]
6-C: EXTENSION OF CITYWIDE MORATORIUM/NON-RESIDENTIAL/HOTEL
DEVELOPMENT: Ordinance No. 1663 (CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE
CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT,"
was adopted on second reading.
6-D: ADJUSTMENTS FOR GARAGE ACCESSORY BUILDINGS: Ordinance No.
1664 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9. 04 . 20. 34 . 030 REGARDING ADJUSTMENTS FOR GARAGE ACCESSORY
BUILDINGS," was adopted on second reading.
6-E: REPAIR OF SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED
PAVEMENT IN PARKWAY AREA: Resolution No. 8529(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA I
SETTING A PUBLIC HEARING ON MARCH 23, 1993, FOR ANY PROTESTS OR
OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, CURBS AND THE REMOVAL
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OF DAMAGED PAVEMENT IN PARKWAY AREA (SR-93-186) 1" was adopted,
thereby setting a public hearing date of March 23, 1993.
6-F: CONFIRMATION OF ASSESSMENT OF COSTS/CONSTRUCTION/CONCRETE
PAVEMENT AND APPURTENANT WORK/LINCOLN COURT: Resolution No.
8530 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON MARCH 23, 1993,
TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF
ASSESSMENT OF COSTS FOR THE CONSTRUCTION OF CONCRETE PAVEMENT AND
APPURTENANT WORK ON LINCOLN COURT BETWEEN OLYMPIC BOULEVARD AND
MICHIGAN AVENUE IN CONJUNCTION WITH THE 1991-92 STREET
RESURFACING PROGRAM,II was adopted.
6-G: IN-VEHICLE PARKING REGULATORS: Resolution No. 8531(CCS)
entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING RULES AND REGULATIONS FOR THE USE OF IN-VEHICLE
PARKING REGULATORS," was adopted.
6-H: FINAL SUBDIVISION MAP/TRACT NO. 23301/TPC-189/1105-1107-1/2
18TH STREET: Resolution No. 8532 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 23301 AT
1105-1107-1/2 18TH STREET, II was adopted, thereby approving a
4-unit tenant-participating conversion project at 1105-1107 1/2
18th Street.
6-1: FINAL SUBDIVISION MAP/TRACT NO. 506l1/TPC-152/2033-2041
EUCLID: Resolution No. 8533(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50611 AT 2033-2041 EUCLID
STREET 1 " was adopted, thereby approving a 32 -uni t
tenant-participating conversion project at 2033-2041 Euclid.
6-J: FINAL SUBDIVISION MAP/TRACT NO. 50901/TPC-167/1014 FOURTH
STREET: Resolution No. 8534(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50901 AT 1014 FOURTH
STREET, II was adopted, thereby approving an 11-uni t
tenant-participating conversion project at 1014 Fourth Street.
6-K: FINAL SUBDIVISION MAP/TRACT NO. 50977/TPC-198/952 6TH
STREET: Resolution No. 8535(CCS) entitled: itA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50977 AT 952 SIXTH STREET,"
was adopted, thereby approving an 8-unit tenant-participating
conversion project at 952 6th Street.
6-L: FINAL SUBDIVISION MAP/TRACT NO. 51246/TPC-218/8l7 6TH
STREET: Resolution No. 8536(CCS) entitled: IIA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 51246 AT 817 SIXTH STREET,11
was adopted, thereby approving a 7-unit tenant-participating
conversion project at 817 6th street.
6-M: STATEMENT OF OFFICIAL ACTION/DENIAL OF APPEAL/
INTERPRETATION OF SECTION 9044.3(e): The Statement of Official
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Action regarding denial of Appeal of Planning Commission
Interpretation of Section 9044.3 (e) of the Municipal Code was
approved.
6-N: AWARD OF CONTRACT/GRIFFITH COMPANY/REPAIR AND OVERLAY
RUNWAY: Contract No. 5921(CCS) was awarded to Griffith Company
in the amount of $2,324,356 to repair and overlay the runway at
the Airport.
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6-0: CONTRACT/LEIGHTON AND ASSOCIATES/SEDIMENT SAMPLING AND
ANALYSIS/BREAKWATER FEASIBILITY STUDY: contract No. 5922 (CCS)
was awarded to Leighton and Associates in the amount of $72,900
for sediment sampling and analysis of the Breakwater Feasibility
Study.
6-P: AWARD OF BID/RAY GASKIN SERVICE/REAR LOADING REFUSE PACKER
BODY: Bid No. 2444 was awarded to Ray Gaskin service in the
amount of $31,640 for rear loading refuse packer body for the
Solid Waste Division, General Services Department, was approved.
6-Q: AWARD OF BID/ZELLERBACH/PAPER PRODUCTS: Bid No. 2445 was
awarded to Zellerbach at specified unit prices for toilet paper,
seat covers, and paper towels for various departments.
END OF CONSENT CALENDAR
councilmember Genser reported present at 6:47 P.M.
7-A: APPEAL/DR 92-003/3110 MAIN STREET/AMENDMENT TO I
DR234/PARTIAL CONVERSION TO COMMERCIAL USE OF AN EXISTING
RESIDENTIAL UNIT: The appeal of Planning Commission denial of
Development Review Permit 92-003, 3110 Main Street, amendment to
Development Review Permit 234, to allow the partial conversion to
commercial use of an existing residential unit, and to allow the
property owner to charge tenants for parking validation was
continued to the meeting of March 23, 1993.
a-A: REGULATIONS/USE OF CITY PARKS BY ORGANIZED GROUPS:
Presented was an ordinance for introduction and first reading
establishing regulations governing the use of City parks by
organized groups and amending the Santa Monica Municipal Code.
Council asked questions of staff. At 7:55 P.M., Mayor Abdo
declared the public hearing open. Members of the public Norman
Colbert, Samuel Mills, Richard Cohen, Moira LaMountain, Leonard
Kuras, David Barling, Sylvia Baker, Dorothy McNeil, and Michael
Brennan spoke in opposition to the proposed ordinance. Member of
the publ ic Joy Fullmer expressed her concerns. Members of the
pUblic Peter Lewi, Barbara Tenzer, Leigh Kavanaugh, and June
Coleman, spoke in support of the proposed ordinance. Member of
the public Toby Lieberman spoke in general support of the
original proposal; however, urged Council not to take action
tonight but rather to solicit public input on the amended
ordinance. Member of the public Sigrid still spoke in opposition I
to charging fees to groups of over 35. Member of the public
Herman Rosenstein spoke in opposition to the ordinance as
presented and urged Council to lengthen the time period for
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application of permits. Councilmember Genser moved to hear late
speakers. Second by Councilmember Olsen. The motion was
approved by the following vote:
council vote: Affirmative: Councilmembers Genser, Olsen,
Rosenstein, Vazquez, Mayor Abdo
Negative: councilmembers Greenberg, Holbrook
Members of the public lOver Humanity, Vincent Yong, Paul
Montgomery, Roy Lewis, Gerardo Martinez, Jason Duval, James
McAuley, catherine Merritt, John McManus, Jennafer Waggoner,
Martin Conwell, Luis De Castro, and Jennifer Rafeedie spoke in
opposition to the proposed ordinance. Mayor Abdo closed the
publ ic hearing at 9: 25 P. M. Council asked questions of staff.
Mayor Abdo moved to introduce for first reading the ordinance as
presented. Second by Councilmember Greenberg. Discussion was
held. Councilmember Genser moved to amend the motion to add
language to Section 4.53.020, inserting a new paragraph (c) which
would list the names of the parks, adding Ocean View Park, and
any city-owned open space area. The amendment was accepted as
friendly. Councilmember Genser moved to amend the motion to add
language in Section 4.53.030, to read: "A permit is required for
the use of any city park by an organized group of thirty-five
(35) or more persons. It shall be unlawful for any person or
persons to assemble or cause the assembly or to gather so as to
result in the assembly of thirty-five (35) or more persons in a
park or in any portion or separate portions of a park for any
combined or coordinated purpose or activity without first having
received a permit from the Department...n The motion was
accepted as friendly. Councilmember Genser moved to amend the
motion to delete the word "organized" from the first sentence of
Section 4.53.030. The amendment was accepted as friendly.
Councilmember Genser moved to amend the motion to change Section
4.53.040 to allow residents to apply for permits 180 days in
advance. Discussion was held. The motion was accepted as
friendly. Councilmember Genser moved to amend the motion that
the waiver section read as follows: "Any of the above general
requirements may be waived by the Director upon a showing to the
Director I s satisfaction of special or unique circumstances, or
that compliance with one or more of the requirements would create
a unique hardship or would contravene the human services
objectives of the City. The motion was accepted as friendly.
Council asked questions of staff. Councilmember Greenberg moved
to amend the motion to add language as follows: "Notwithstanding
any other provision of this Code, violation of this Chapter shall
constitute an infraction punishable in accordance with the
provisions of the California Government Code." The motion was
accepted as friendly. Discussion was held. councilmember
Rosenstein moved to amend the motion to add a condition stating
that it is a requirement that the permittee comply with specified
heal th regulations in connection with the service of food or
liquids. Discussion was held. Second by Councilmember Holbrook.
Discussion was held. The amendment failed by the following vote:
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council vote: Affirmative: Councilmembers Greenberg, Holbrook,
Rosenstein
Negative: Councilmembers Genser, Olsen,
Vazquez, Mayor Abdo
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Mayor Pro Tempore Vazquez moved to amend the motion to allow two
permits per month. Discussion was held. Second by Mayor Abdo.
Discussion was held. The amendment was approved by the following
vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Rosenstein, Vazquez,
Mayor Abdo
Negative: Councilmember Greenberg
Discussion was held.
following vote:
The main motion was approved by the
council vote: Unanimously approved 7-0
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING REGULATIONS
GOVERNING USE OF CITY PARKS BY ORGANIZED GROUPS AND AMENDING THE
SANTA MONICA MUNICIPAL CODE, It was introduced for first reading,
as amended, reading by title only and waiving further reading
thereof.
At 9: 58 P. M., council adj ourned for a short recess.
reconvened at 10:15 P.M. with all members present.
council
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8-B: INTERIM DEVELOPMENT STANDARDS/RVC ZONES/PACIFIC COAST
HIGHWAY: Presented was an ordinance for introduction and first
reading establishing interim development standards for parcels
zoned RVC located on Pacific Coast Highway between the Santa
Monica Pier on the south and the north City limits. council
asked questions of staff. At 10:25 P.M., Mayor Abdo declared the
public hearing open. Member of the public lOver Homo sapiens
expressed his concerns. Mayor Abdo closed the public hearing at
10:27 P.M. Councilmember Ganser moved to introduce the ordinance
for first reading amending same to allow height limits of 23' for
a flat roof and 30' for a pitched roof. Second by Councilmember
Olsen. council asked questions of staff. Discussion was held.
The motion was approved by the fOllowing vote:
council vote: Affirmative: Councilmembers Vazquez, Olsen,
Holbrook, Greenberg, Genser,
Mayor Abdo
Negative: Councilmember Rosenstein
By virtue of the above action, an ordinance entitled: "AN I
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR PARCELS ZONED RVC
LOCATED ON PACIFIC COAST HIGHWAY BETWEEN THE SANTA MONICA PIER ON
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THE SOUTH AND THE NORTH CITY LIMITS," was introduced for first
reading, as amended, reading by title only and waiving further
reading thereof.
8 -C: WATER CONSERVATION PLUMBING STANDARDS: Presented was an
ordinance for introduction and first reading adding section
7.16.140 through Section 7.16.230 to Chapter 7.16 of Article VII
of the santa Monica Municipal Code to establ ish wa ter
conservation plumbing standards upon change of property
ownership. Council asked questions of staff. At 10:45 P.M.,
Mayor Abdo declared the pUblic hearing open. Member of the
pUblic Joy Fullmer expressed her concerns. Mayor Abdo closed the
public hearing at 10: 47 P.M. Ccuncilmember Greenberg moved to
introduce for first reading an ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION
7.16.140 THROUGH SECTION 7.16.230 TO CHAPTER 7.16 OF ARTICLE VII
OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH WATER
CONSERVATION PLUMBING STANDARDS UPON CHANGE OF PROPERTY
OWNERSHIP," reading by title only and waiving further reading
thereof. Second by Mayor Pro Tempore Vazquez. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
8-0: EFFECTIVE TIME/INTERIM ORDINANCES: Presented was an
ordinance for adoption and second reading amending Santa Monica
Municipal Code Section 9.04.20.16.060 allowing an interim
ordinance to be extended for up to 50 months and 15 days.
Councilmember Greenberg moved to adopt Ordinance No. 1665 (CCS)
entitled: uAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.20.16.060 REGARDING INTERIM ZONING," reading by title only
and waiving further reading thereof. Second by Councilmember
Rosenstein. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
9-A: CLOSED SESSION: Not held.
10-A: CDBG GRANTEE PERFORMANCE REPORT: Presented was the public
hearing on Community Development Block Grant Grantee Performance
Report for FY 1991-92. At 10:50 P.M., Mayor Abdo declared the
public hearing open. Members of the pUblic Joy Fullmer and 1
Over Homo Sapiens expressed their concerns. Mayor Abdo closed
the public hearing at 10:52 P.M. Councilmember Rosenstein moved
to accept public comment on the FY1991-92 Community Development
Block Grant Program as transmitted in the Annual Grantee
Performance Report (GPR). Second by Mayor Pro Tempore Vazquez.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
l3-A: LUIS C. DeCASTRO/GATES/SEAVIEW TERRACE: The request of
Luis C. DeCastro to address council regarding the placement of
gates on Seaview Terrace to be open to the public from 7:00 A.M.
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461
to 10:00 P.M. and blocked from 10:00 P.M. to 7:00 A.M. was
continued at the request of Mr. Decastro.
13-B: BRENDA McKEE/ESTABLISH REQUIREMENTS/MASSAGE THERAPISTS: I
Presented was the request of Brenda McKee to address Council
regarding the establishment of a minimum number of hours of
education for massage therapists. council asked questions of Ms.
McKee. Councilmember Genser moved to direct staff to work with
the American Massage Therapy Association to determine if there
should be revisions to the practices of enforcement and
permi tting with regard to massage therapy and report back to
Council. Second by Mayor Pro Tempore Vazquez. Discussion was
held. The motion was unanimously approved.
Mayor Pro Tempore Vazquez moved to extend the meeting to 11: 15
P.M. Second by Councilmember Greenberg. The motion was
unanimously approved.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Abdo announced
that the floor would consider nominations to the various Boards
and Commissions. Mayor Abdo opened the floor to nominations to
the Planning Commission. Councilmember Olsen nominated Ken
Breisch. councilmember Holbrook nominated Donna Alvarez. Mayor
Abdo nominated Eric Parlee. There being no other nominations,
nominations were closed. On a call for the vote, no one nominee
received four votes. Mayor Abdo once again opened the floor to
nominations to the Planning commission. Mayor Abdo nominated
Eric Parlee. Councilmember Genser nominated Ken Breisch. There I
being no other nominations, nominations were closed. On a call
for the vote, the vote on the nominations was as follows:
Eric Parlee - Councilmembers Greenberg, Rosenstein, Vazquez,
Mayor Abdo
Ken Breisch - Councilmembers Genser, Olsen
Councilmember Holbrook abstained from the vote.
Eric Parlee was appointed to the Planning Commission for a term
ending June 3D, 1996.
Mayor Abdo opened the floor to nominations to the Pier
Restoration Corporation Board of Directors. Councilmember
Rosenstein nominated Nancy Greenstein, Donald Girard and Henry
Custis. There being no other nominations, nominations were
closed. Councilmember Rosenstein moved to reappoint by
acclamation Nancy Greenstein, Donald Girard and Henry Custis to
the Pier Restoration corporation Board of Directors for terms
ending November 8, 1995. Second by Mayor Pro Tempore Vazquez.
The motion was unanimously approved.
Mayor Abdo opened the floor to nominations to the Bayside
District corporation. Councilmember Holbrook nominated Herb I
Katz. Councilmember Genser nominated Nancy Desser. There being
no other nominations, nominations were closed. On a call for the
votel the vote was as follows:
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Herb Katz
- Councilmembers Greenberg, Holbrook, Rosenstein,
Vazquez, Mayor Abdo
Nancy Desser - Councilmembers Genser, Olsen
Herb Katz was appointed to the Bayside District Corporation for a
term ending June 30, 1993.
The appointments of Airport commission, Arts Commission, and one
member of the Pier Restoration Corporation Board of Directors
were continued.
14-B: WAIVER OF FEE/STATE BOARD OF EQUALIZATION/ECONOMIC SUMMIT
MEETING: The request for approval to waive the fee for use of
the Council Chambers by the State Board of Equalization on
February 4, 1993, in order to hold an Economic Summit Meeting was
withdrawn at the request of the state Board of Equalization.
15: PUBLIC INPUT: Members of the public Joy Fullmer, Jeff
Shear, and One Over Humanity addressed Council.
ADJOURNMENT: At 11:20 P.M., the meeting was adjourned.
ATTEST:
~f"M~
Clarice E. Dy~ouse
city Clerk
APPROVED:
9~aL
Judy Abdo
Mayor
9 January 26, 1993