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CITY OF SANTA MONICA
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CITY COUNCIL MINUTES
MAY 11, 1993
A regular meeting of the Santa Monica City Council was called to
order by Mayor Abdo at 7:00 P.M. on Tuesday, May 11, 1993, 1n the
Council Chambers.
Roll Call:
Present: Mayor Judy Abdo
Mayor Pro Tempore Anton10 Vazquez
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: C1ty Manager John Jalili
Acting City Attorney Joe Lawrence
Assistant City Clerk Beth Just1ce
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the Un1ted States of America.
4-A: PRESERVATION WEEK 1993: Mayor Abdo presented a I
proclamation declaring the week of May 9, 1993, as llPreservation
Week 199311 in the City of Santa Mon1ca.
6. CONSENT CALENDAR. Presented was the Consent Calendar,
whereby all items are cons1dered and approved in one motion
unless removed from the calendar for discussion. Councilmember
Holbrook moved to approve the Consent Calendar, with the
except10n of Item Nos. 6-I and 6-N, reading resol!Jtions.. -and
ordinances by title only and waiving further reading thereof.
Second by Mayor Pro Tempore Vazquez. The motion was app~oved by
the following vote: -
Councll vote:
Unanimously approved 7-0
6-A: MINUTES: The City Council minutes of April 27, 4n~d ~ay 4,
1993, were approved.
6-B: FINAL SUBDIVISION MAP/TRACT NO. 22632/CONDOMINIuMgf2~OS 3RD
STREET. Resolution No. BSB2(CCS) entitled. "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 22632 FOR A PROJECT AT 2305
3RD STREET," was adopted, thereby approving a 4-unit condominium
project at 2305 3rd Street.
6-C: FINAL SUBDIVISION MAP/TRACT NO 50056/TPC-143/813 15TH I
STREET: Resolut10n No. 85B3(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50056 AT 813 15TH STREET, II
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was adopted, thereby approvlng a 6-unlt condominium project at
813 15th Street.
6-D: FINAL SUBDIVISION MAP/TRACT NO. 50323/CONDOMINIUMS/1338
YALE STREET: Resolution No. 8584 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50323 FOR A
PROJECT AT 1338 YALE STREET," was adopted, thereby approvlng a
5-unit condominium proJect at 1338 Yale Street.
6-E: FINAL SUBDIVISION MAP/TRACT NO. 50717/TPC-162/848 PACIFIC
STREET: Resolution No. 8585 (CCS) entltled: rrllA RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50717 AT 848
PACIFIC STREET, " was adopted, thereby approving a 6 -unlt
condominium proJect at 848 Pacific Street.
6-F: FINAL SUBDIVISION MAP/TRACT NO. 51383/TPC-239/927 15TH
STREET: ResolutJ.on No. 8586(CCS) entitled: rrA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 51383 AT 927 15TH STREET,"
was adopted, thereby approving a 6-unit tenant-partlclpating
conversion project at 927 15th Street.
6-G: FINAL SUBDIVISION MAP/TRACT NO 50978/CONDOMINIUMS/828 21ST
STREET: ResolutJ.on No. 8587(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50978 FOR A PROJECT AT 828
21ST STREET," was adopted, thereby approving a 7-unit condominium
proJect at 828 21st Street.
6-H: FINAL SUBDIVISION MAP/TRACT NO. 51312/TPC-229/2231 20TH
STREET: Resolution No. 8588(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO 51312 AT 2231 20TH STREET,"
was adopted, thereby approving a 6-unit tenant-partlclpating
conversion project at 2231 20th Street.
6-J: UPGRADE PARKING STRUCTURE ELEVATORS: Bid No. 2452 was
awarded to Amtech Reliable Elevator Company in the amount of
$40,558 to upgrade the parklng structure elevators for the
ParkJ.ng AuthorJ.ty, Land Use and Transportation Management
Department.
6-K: WAIVER OF FEES/VETERANS ADMINISTRATION/WESTSIDE HOMELESS
VETERANS FAIR 1993: The rental and parklng fees for the use of
the Santa Monica Civic Auditorium by the Veterans AdminJ.stratlon
for the "Westside Homeless Veterans Falr 1993" from December
14-17, 1993, were waived.
6-L: EXPANSION OF UNDERGROUND DISTRICT/TIME EXTENSION FOR
UNDERGROUND DISTRICTS/PLACEMENT OF UNDERGROUND POWER LINES:
Resolution No. 8589 (CCS) entltled: rrA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON
JUNE 8, 1993 TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH,
SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN EXTENSION TO AN
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UNDERGROUND UTILITY DISTRICT ON FOURTEENTH STREET FROM OCEAN PARK
BOULEVARD TO ASHLAND AVENUE AND ON ASHLAND AVENUE FROM FOURTEENTH
STREET TO SIXTEENTH STREET, AND APPROVING A TIME EXTENSION FOR
THE COMPLETION OF UNDERGROUNDING DISTRICT 1 AT FOURTEENTH STREET
AND DISTRICT 2 AT OLYMPIC BOULEVARD,tt was adopted.
6-M: HIGH PRESSURE SODIUM STREETLIGHTING SYSTEM: Contract No.
5952 (CCS) was awarded to Paul Gardner Corporat~on in the amount
of $207,868 to ~nstall High Pressure Sodium Streetl~ghting System
at var~ous City locations.
6-0' SUPER VAC BRAND AIR AND LIGHT SUPPORT DISASTER VEHICLE WITH
COMPRESSOR AND CASCADE SYSTEM: Contract No. 5953 (CCS) was
awarded to Muni-Group in the amount of $285,151 to provide
financing for the purchase of Super Vac Brand Air and Llght
Support D~saster Vehicle with Compressor and Cascade System for
the Flre Department.
END OF CONSENT CALENDAR
6 - I: CALPAW 94 PARK AND WILDLIFE GENERAL OBLIGATION BOND ACT:
Presented was the staff report recommending adoption of a
resolutlon ln support of the CALPAW 94 Park and Wildlife General
Obligation Bond Act 1nitiative. Council asked questions of
staff. councilmember Greenber9 moved to continue this item to
the meetlng of May 25, 1993, at wh1ch tlme staff will return with
a copy of the proposed ln1t1ative. Second by Councllmember
Holbrook. The motion was unan1mously approved.
6-N: BUDGET STUDY SESSIONS/1993-94 BUDGET: Council asked
questions of staff. Councilmember Holbrook moved to hold the
budget study sessions on June 7, 8, and 9, and move the Council
meeting from Tuesday, June 8, to Tuesday, June 15. Second by
Councilmernber Greenberg. Councilmember Genser moved to amend the
motion to dlrect that the sessions be teleVlsed. The motion was
accepted as friendly. The motion was unanimously approved.
7-A: APPEAL/TPC-270/153 SAN VICENTE BOULEVARD: Member of the
public Joy Fullmer expressed her concerns. Members of the pub11c
Perry Johnson, Christine Roussos, Donna Alvarez, and Ralph Berlin
spoke ln support of the appeal. Members of the public Leah
Bassing and Llnda Sullivan spoke ln opposition to the appeal.
Rosario Perry, representlng the applicant/appellant, presented a
rebuttal in support of the appeal. CounCll asked questions of
Mr. Perry. Councilmember Greenberg moved to grant the appeal
from the Planning Commiss1on and allow the TORCA to proceed. The
mot~on dled for lack of a second. Councilmember Rosenste1n moved
to deny the appeal in such a way that the applicant would have an
opportunity to not walt the one-year period WhlCh is normally
required to re-apply. Second by Councilmember Holbrook.
Discusslon was held. Councilmember Rosenstein moved to amend his
motlon to include a request from CounCll that the tenants and
landlords who negotiated the various clauses to TORCA reconvene
and provide conclUSlons to guidellnes on this issue. The motion
was accepted as friendly. D1Scussion was held. Councilmember
Genser moved a substitute mot1on to deny the application us~ng
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the staff recommendation and mod~fy item number 2 in the
Tenant-Participating Convers~on F~nd~ngs on page 11 of the staff
report to read, n.. . The subJect appl~cation was signed by
cos~gn~ng tenants occupying 70% (not less than two thirds) of all
the residential units in the bu~lding. However, three of these
signatures have been obtained from tenants who have not been
shown to qualify as cosign~ng tenants. These ind~viduals are:
Pauline Vasilas (unit 3B), Soph~e Vasilas (un~t 4A), and Daniel
Anzel (unit 2K). The reasons for the invalidation of the above
signatures were: Paul~ne Vasllas because the two unlts have been
J olned; Sophle Vasilas because Mr. and Mrs. Vasilas have not
demonstrated that they indeed have two separate residences; and
Mr. Anzel did not subm~t his application ln a t~mely fashion.
Without these votes, the application does not contain the minimum
2/3 tenant approval required by Article XX." The Tentative Map
Findings are also included as a part of the motion. Second by
Councilmember Olsen. Discuss~on was held Counc~lmember
Greenber~ moved to amend the motion to direct the City Attorney
to prepare regulations interpretlng TORCA and return for Council
approval. D1Scussion was held Councilmember Greenber~ withdrew
her amendment. Discussion was held. Councilmember Genser moved
to amend h~s motion to direct the City Attorney to determlne
flndlngs. The motion was accepted as frlendly. Discussion was
held. Councilmember Holbrook moved to amend the motion to
include that the denial be made without prejudice. Second by
Councilmember Greenberg. Discussion was held. The amendment was
approved by the following vote
Council vote: Affirmative: Counc~lmembers Greenberg, Holbrook,
Rosensteln/ Mayor Abdo
Negative: Councilmembers Genser, Olsen,
Vazquez
Discussion was held. The main mot~on, as amended, was approved
by the followlng vote:
Council vote: Affirmative: Councilmembers Vazquez, Olsen,
Holbrook, Greenberg, Mayor Abdo
Negative: Councilmembers Rosensteln, Genser
Councilmernber Greenber~ moved to refer thlS matter to the City
Attorney to develop a set of regulations interpreting the
definition of a tenant under this sectlon after eliciting
community input as to what this really means and return to
Council for approval. Second by Mayor Pro Tempore Vazquez.
D1Scussion was held. Councllmember Rosensteln moved to amend the
motion that the City Attorney return to Council wlth a proposed
process for an alternative method of hearing the types of cases
wherein the personal lives of individuals are dlscussed, e.g ,
havlng a hearing examiner process. The amendment was accepted as
friendly. The motion was approved by the following vote:
Council vote: Aff~rmatlve: Councilmembers Greenberg, Holbrook,
Rosenste~n, Vazquez, Mayor Abdo
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Negative: Councllmembers Genser, Olsen
At 8: 50 P. M., Council adj ourned for a short recess.
reconvened at 9:24 P.M. wlth all members present.
Councl1
8-A: COMMERCIAL DEVELOPMENT STANDARDS, Councilmember Rosensteln
moved to conduct the public hearing on this item untl1 11: 00
P.M., and continue the remainder of the item to the meetlng of
May 2B, 1993, and anyone who does not speak thlS evenlng may do
so at the public hearing on May 28. Second by Councilmember
Greenberg Discussion was held. Councilmember Rosenstein moved
to amend his motion to allow Councilmember Olsen have his
allotted ten minutes to speak on this item as he will not be ln
attendance at the meetlng of May 18th. The motion was accepted
as friendly. Discussion was held. Mayor Abdo moved to amend the
motion that further public testlmony be taken next week and
possibly discussion but no deC1S1on wll1 be made untl1
Councllmember Olsen can participate in the proceedings. The
motion was accepted as friendly. The motion was approved by the
followlng vote:
Council vote'
Unanimously approved 7-0
Counc~lmember Genser moved that this item be heard as a "5" item
at the meeting of May 1B, 1993. Second by Mayor Pro Tempore
Vazquez. The motion was unanimously approved.
Presented was an ordinance for introduction and first reading
amending multiple zoning ordinance sectlons to lmplement the
provisions of the commercial development standards program; adopt
resolution certifying the Envlronmental Impact Report; adopt
resolution approving the Commerclal Development Standard Program
and adopting Statement of Overriding Consideration; introduce for
first reading an interim ordlnance to implement interim
development standards for a portion of the M1 and C5 area located
north of the Santa Monica Freeway and east of 19th Place AlleYi
and adopt resolution approvlng the environmental review for the
interim ordlnance. Council asked questions of staff. At 10:05
P.M., Mayor Abdo declared the publlC hearlng open. Member of the
public Michael Tarbet urged Council to educate the publlC on
lssues such as this which will potent~ally have a great impact on
the community and encouraged Councll to implement a circuit
breaker to turns things off if too much happens too fast. Member
of the public Mark Gunderson urged Council to exempt the Santa
Monica Business Park from any reduction in FAR. Member of the
publlC Joy Fullmer expressed her concerns. Members of the public
Jennifer Polhemus, Betty Mueller, Barbara Brown, and Emmalie
Hodgin spoke in oppositlon to the proposal. Members of the
public David Shnlad, Sylvla Shniad, Dave Paley, Suzanne Abrescia,
Sabine Schlosser, and John Cobus spoke in support of more
residential and less commerClal. Mayor Abdo continued the public
hearlng to the meeting of May 18, 2993, at 10:47 P.M.
9-A: CLOSED SESSION: Held at end of meeting.
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10-A: CONFIRMATION OF ASSESSMENT/STREET RECONSTRUCTION/LINCOLN
COURT: Presented was the public hearing for the confirmation of
assessment of costs for street reconstructlon on Llncoln Court
between Olympic Boulevard and Michigan Avenue. Councll asked
questlons of staff. At 10: 50 P. M., Mayor Abdo declared the
public hearing open. There being no one wishlng to speak, Mayor
Abdo closed the publlC hearlng. Mayor Pro Tempore Vazquez moved
to adopt Resolution No. 8590 (CCS) , wlth the amendment to waive
the assessment for 819 Michigan Avenue, entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE
ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT OF COSTS FOR STREET
RECONSTRUCTION AND APPURTENANT WORK ON LINCOLN COURT BETWEEN
OLYMPIC BOULEVARD AND MICHIGAN AVENUE IN CONJUNCTION WITH 1991-92
STREET RESURFACING PROGRAM," reading by tl..tle only and walvlng
further reading thereof. Second by Councl..lmember Rosenstein.
The motion was approved by the following vote:
Councl1 vote: Affirmative: CounCllmembers Vazquez, Rosenstein,
Holbrook, Greenberg, Genser,
Mayor Abdo
Absent: Councilmember Olsen
14-A DAWN'S EARLY LIGHT:
to discuss giving direction
of the "Dawn's Early Llght"
was contlnued to the meeting
The request of Councilmember Genser
to staff to resume the presentation
flreworks program on July 4, 1993,
of May 18, 1993.
14-B: WORKING GROUP/TASK FORCE/PUBLIC SAFETY: The request of
Mayor Abdo to discuss the formatlon of a working group/task force
on public safety was contlnued to the meeting of May 25, 1993.
14-C: AMENDMENT TO ZONING ORDINANCE/DEVELOPMENT STANDARDS/CHILD
CARE CENTERS: The request of Councilmember Rosenstein to discuss
a Resolutlon of Intent directing the Planning Commission to
lnltiate an amendment to the Zoning Ordinance re19ting to
development standards appllcable to Child Care Centers - in
residential districts and directlng staff to review fees ~arged
for a City permit was continued to the meeting of May 18!_~~93:
14-D: EXPANSION AND CLARIFICATION OF CONFLIC~ ,OF INTEREST
REGULATIONS: The request of Councilmember Genser to discuss
dlrectlng the City Attorney to prepare and retuzq with an
ordinance to expand and clarify conflict of interest r€gulaEions
was continued to the meeting of May 18, 1993.
14-E: LETTER OF RESIGNATION/LUIS C. DeCASTRO/RECREATION AND
PARKS COMMISSION: The acceptance of a letter of resignation from
Luis C. DeCastro, Recreatlon and Parks CommlsSlon member, and
authorlzation for the City Clerk to publish a Notice of Vacancy
was continued to the meeting of May 18, 1993.
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14-F: AB242 POSSESSION OF FIREARMS/SB612 PROHIBITION OF
SEXUAL HARASSMENT/AB1548 STALKING: The request of I
Councilmember Greenberg, on behalf of the Commission on the
Status of Women, to discuss support of AB242 relating to
possesslon of firearms, SB612 relating to prohibiting sexual
harassment, and AB1548 relatlng to exemplary damages in cases
involving the crlme of stalklng was contlnued to the meeting of
May 18, 1993.
9-A: CLOSED SESSION: At 10:51 P.M., Council adjourned to Closed
Session for the purpose of considerlng the case of Fontana v.
City of Santa Monica, United States Dlstrict Court Case No. CV
92-3737 CBM.
At 11:20 P.M., Councll reconvened wlth all members present except
Councllmembers Holbrook, Olsen, and Vazquez.
Mayor Abdo moved to approve settlement ln the case of Fontana in
the amount of $60,000. Second by Councilmember Greenberg The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Rosenstein, Mayor Abdo
Absent: Councilmembers Holbrook, Olsen,
Vazquez
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ADJOURNMENT: At 11:20 P.M., the meet~ng was adjourned to May 18,
1993, in memory of Sam Katzman.
ATTEST:
APPROVED:
Beth Justice
ASBistallt City Clerk
f"7~
Judy Abdo
Mayor
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May II, 1993