M-2/9/1993
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 9, 1993
A regular meeting of the Santa Monica City Council was called to
order by Mayor Abdo at 6:42 P.M. on Tuesday, February 9, 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.)
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
(arrived at 7:30 P.M.)
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: city Manager John Jalili
Acting city Attorney Joe Lawrence
City Clerk Clarice E. Dykhouse
Councilmember Greenberg led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
councilmember Genser reported present at 6:47 P.M.
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
Greenberg moved to approve the Consent Calendar, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by councilmember Rosenstein. The motion
was approved by the following vote:
council vote: Affirmative: Councilmembers Vazquez, Rosenstein,
Olsen, Greenberg, Genser, Mayor Abdo
Absent: councilmember Holbrook
6-A: MINUTES APPROVAL: The city Council minutes of January 19,
1993, were approved as submitted.
6-B: AMENDMENT OF CONTRACT/PERS/EARLY RETIREMENT: Ordinance No.
1666 (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 I RETIREMENT
SYSTEM," was adopted on second reading.
6-C: WATER CONSERVATION PLUMBING STANDARDS: Ordinance No.
1667 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 7.16.140 THROUGH SECTION
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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," was adopted on second I
reading.
6-0: FINAL SUBDIVISION MAP/TRACT NO. 22268/CONOOMINIUMS/2715 4TH
STREET: ReSOlution No. 8537(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 22268 FOR A PROJECT AT 2715
4TH STREET," was adopted, thereby approving a 4-unit condominium
project at 2715 4th street.
6-E: FINAL SUBDIVISION MAP/TRACT NO. 47281/CONDOMINIUMS/270
PALISADES BEACH ROAD: Resolution No. 8538 (CCS) entitled: JlA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
47281 FOR A PROJECT AT 270 PALISADES BEACH ROAD," was adopted,
thereby approving a 12-unit condominium project at 270 palisades
Beach Road.
6-F: FINAL SUBDIVISION MAP/TRACT NO. 50986/TPC-187/1701-09
WASHINGTON AVENUE: Resolution No. 8539(CCS) entitled: JlA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
50986 FOR A PROJECT AT 1701-1709 WASHINGTON AVENUE," was adopted,
thereby approving a 6-unit tenant participating conversion
project at 1701-09 Washington Avenue.
6-G: REPAIR OF SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED I
PAVEMENT IN PARKWAY: Resolution No. 8540 (CCS) entitled: JlA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING A PUBLIC HEARING ON APRIL 13, 1993, FOR ANY PROTESTS OR
OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, CURBS AND THE REMOVAL
OF DAMAGED PAVEMENT IN PARKWAY AREA (SR-93-187),1I was adopted.
6-H: CALTRANS(STATE SHARE FUNDS/STATE-LOCAL PARTNERSHIP PROGRAM:
Resolution No. 8541(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE AN AGREEMENT ON BEHALF OF THE CITY TO
RECEIVE STATE SHARE FUNDS UNDER THE STATE-LOCAL PARTNERSHIP
PROGRAM," was adopted approving Contract Number 5928(CCS).
6-1: EMERGENCY AMBULANCE TRANSPORTATION: contract No.
5927(CCS) was approved with the County of Los Angeles regarding
the provision of emergency ambulance transportation.
END OF CONSENT CALENDAR
7-A: APPEAL/CUP 92-041/RESTAURANT/1245 3RD STREET: The appeal
of CUP 92-041 requesting a Type 47 (on-sale general) alcohol
license in conjunction with a 246-seat restaurant at 1245 3rd
street was continued to the meeting of February 16, 1993.
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g-A: DISQUALIFICATION OF FORMER CITY OFFICIALS AND EMPLOYEES:
The ordinance for introduction and first reading amending various
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sections of Santa Monica Municipal Code Chapter 2.08 Article II
relating to disqualification of former City officials and
employees was continued to the meeting of February 16, 1993.
8-B: REGULATIONS/USE OF CITY PARKS BY ORGANIZED GROUPS:
Presented was an ordinance for adoption and second reading
establishing regulations governing use of City parks by organized
groups and amending the Santa Monica Municipal Code. Council
asked questions of staff. Councilmember Rosenstein moved to
adopt ordinance No. 1668 (CCS)-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," reading by title only and waiving further
reading thereof. Second by Councilmember Greenberg. The motion
was approved by the following vote:
Council vote: Affirmative: councilmembers Genser, Greenberg,
Olsen, Rosenstein, Vazquez,
Mayor Abdo
Absent: councilmember Holbrook
8-C: INTERIM DEVELOPMENT STANDARDS/RVC ZONES/PACIFIC COAST
HIGHWAY: Presented was an ordinance for adoption and second
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.
Councilmember Greenberg moved to adopt Ordinance No. 1669 (CCS)
entitled: "AN 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 THE SOUTH AND THE NORTH CITY LIMITS," 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: Affirmative: councilmembers Vazquez, Rosenstein,
Olsen, Greenberg, Genser, Mayor Abdo
Absent: Councilmember Holbrook
9-A: COMMERCIAL DEVELOPMENT STANDARDS PROGRAM ENVIRONMENTAL
IMPACT REPORT: Presented was the recommendation to review
Commercial Development Standards Program Environmental Impact
Report and direction to the city Attorney to prepare an
implementing ordinance. Councilmember Holbrook reported present
at 7:30 P.M. Council asked questions of staff. Members of the
public Fred Salenger, Bob Nicksin, James Gray, Gary Hill, Court
Walker, Maurice Levin, David Thurman, Ken Kutcher I Jeff Pine,
Wal t McHendry, and Chris Harding spoke in opposition to the
proposal. Member of the public Kevin Kozal expressed concern
wi th the 30% mandatory housing requirement. Members of the
public Linda Bozung and William Feldman urged rejection of any
introduction of residential housing into the industrial corridor.
Planning Commissioner Ralph Mechur discussed the proposal and the
feelings of the Planning Commission. Member of the public Joy
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Fullmer expressed her concerns. Member of the public Stephen
Slater expressed concern with the lack of standards in the MljR&D
zone. Member of the pUblic Merritt Coleman expressed the opinion I
that the EIR is inadequate with regard to housing. Member of the
public John Dudzinsky stated his basic opposition to the proposal
and expressed concern with the changes in commercial development
standards which would render many existing businesses and
properties non-conforming and urged council to provide
flexibility for existing businesses and operations. Personnel
Board member Irma Vargas stated her basic opposition to the
proposal; however, stated her support of leaving the C-3 zone as
is. Member of the public David Hibbert stated his basic
opposition to the proposal; however, stated his support of
housing as an option rather than a requirement.
At 9:28 P.M., Council adjourned for a short recess.
reconvened at 9:50 P.M. with all members present.
council
9-A: RESUMED: Members of the public Robert Blair, Joseph
Palazzolo, Marvin Levin, Stanley Robbins, Hugh Moore, David Bohn,
Hillel Kellerman, patricia Peters, Saul Gindoff, John Boan, Mike
O'Neal, and Karl Schober spoke in opposition to the proposal.
Member of the public Dennis Zane spoke in support of the proposal
with amendments. Member of the public Bob Gabriel spoke in
opposition to the mixed use of commercial and residential.
Mayor Pro Tempore Vazquez moved to hear late speakers. Second by
Councilmember Greenberg. The motion was unanimously approved.
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Member of the public Bernard Perloff spoke in opposition to the
proposal and made suggestions as to uses for the MljR&D zone.
Member of the public Brian Hutchiss spoke in support of the
concept of mixed use.
Public testimony regarding this subject was closed. Council
concurred to continued this item to the meetings of February 16
and March 2, 1993.
9-B: POLICING ISSUES/CRIME REDUCTION/PICO NEIGHBORHOOD: The
report regarding policing issues and crime reduction in the pico
Neighborhood was continued to the meeting of February 16, 1993.
g-c: CHANGE VARIOUS VEHICLE AND PARKING-RELATED INFRACTIONS TO
CIVIL OFFENSES/REVISE AMOUNT OF VARIOUS FINES: The
recommendation to authorize the city Manager to negotiate and
execute agreements to implement the administrative provisions of
AB408 and direct the City Attorney to prepare an ordinance
amending the Santa Monica Municipal Code to change various
vehicle and parking-related infractions to civil offenses and
revise the amount of various fines was continued to the meeting
of February 16, 1993.
9-D: CLOSED SESSION: Held at end of meeting.
council concurred to continue items 13-A and 14-A to the end of
the meeting.
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14-B: REVOCATION OF PERMITS/CARWASH: councilmember Genser
presented his request to discuss directing City staff to revoke
the permits which allow the development of a self-service carwash
a t the northeast corner of Ozone Avenue and Lincoln Boulevard.
Councilmember Genser moved to hear members of the public. Second
by Councilmember Olsen. Discussion was held. The motion was
unanimously approved. Mayor Pro Tempore Vazquez moved to extend
the meeting to 12:00 Midnight. Second by Mayor Abdo. The motion
failed, councilmembers Holbrook, Greenberg and Rosenstein
opposed. Councilmember Greenberg moved to restrict public
comment to one minute each. Second by Councilmemher Rosenstein.
The motion was withdrawn by the maker of the motion and the
second. Discussion was held. Mayor Pro Tempore Vazquez moved to
extend the meeting to 12:00 Midnight. Second by Mayor Abdo. The
motion was approved, Councilmember Rosenstein opposed. Members
of the publ ic Daniel Green, Paul Roman, Dominick Santora, Ray
Mickshaw, Daniel Schuch, June Hagen, Richard Bloom, Jane Dempsey,
and Emmalie Hodgin spoke in opposition to the construction of a
carwash at the proposed location. Member of the public Michael
Sausser reviewed the approval process. Member of the public Noel
Annenberg spoke in support of the proposed carwash. Discussion
was held. Councilmember Greenberg moved to instruct the City
Attorney to draft an emergency ordinance requiring a conditional
use permit for any commercial use that is open between the hours
of 2:00 A.M. and 6:00 A.M., and, provide that if any such use is
located within 300' of a residential area, a CUP be required if
the business is open between the hours of 12:00 Midnight and 6:00
A.M. and further provide that the ordinance apply to all
Certificates of Occupancy which are issued after February 9,
1993. Second by Councilmember Rosenstein. Discussion was held.
Mayor Abdo moved to amend the motion to include a process between
the neighbors and the developer so that specific issues of
concern of the neighbors are addressed, and an enforceable
agreement is reached. The motion was accepted as friendly.
Discussion was held. Councilmember Genser moved to amend the
motion to restrict the hours of operation from 7:00 A.M. to 10:00
P.M. for uses located within 300' of a residential area. The
motion was accepted as friendly. Discussion was held. The
motion was unanimously approved.
14-A: ERIC PARLEE/LETTER OF RESIGNATION/ARCHITECTURAL REVIEW
BOARD: councilmember Rosenstein moved to accept with pleasure
the letter of resignation of Eric Parlee from the Architectural
Review Board due to his recent appointment to the Planning
commission. Second by Councilmember Greenberg. The motion was
unanimously approved.
13-A: JOHN BLAKE PISTILLI/SAFE SEX BROTHELS: councilmember
Genser moved to receive and file the request of John Blake
Pistilli to address Council regarding the adoption of a
resolution supporting the U. S. Government funding of safe sex
brothels. Second by Mayor Abdo. The motion was unanimously
approved.
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15: PUBLIC INPUT: Member of the public Joy Fullmer discussed
interest rates. Member of the public Jon stevens discussed
communication between City officials and residents regarding PEN.
Councilmembers Holbrook and Rosenstein excused themselves from
the meeting at 11:45 P.M.
9-D: CLOSED SESSION: At 11:46 P.M., Council adjourned to Closed
Session for the purpose of considering the cases of Robert
Pickett, et ale v. Thomas P. Burgess, United states District
Court Case No. CV 92-2070 WMB and Grbavac & prkacin Construction
Co., v. City of Santa Monica, Santa Monica Municipal court Case
No. 88 C 2390, and discussion of possible purchase/donation of
Drescher Property, located between Olympic Boulevard and Nebraska
Avenue east of Stewart, with the City of Santa Monica. The
negotiator for the City of Santa Monica is John Jalili, city
Manager. The negotiator for the owners of the property is John
Drescher.
At 12:20 A.M., Council reconvened with all members present except
Councilmembers Holbrook and Rosenstein. Councilmember Genser
moved to approve a settlement in the amount of $27,975.58, plus
interest, in the case of Grbavac & prkacin Construction co., v.
ci ty of Santa Monica. Second by Councilmember Greenberg. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Vazquez, Olsen,
Greenberg, Genser, Mayor Abdo
Absent: Councilmembers Rosenstein, Holbrook
ADJOURNMENT: At 12:22 A.M., the meeting was adjourned to 6:30
P.M., February 16, 1993, in memory of Paul E. Nebel.
ATTEST:
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~larice E. DYkh~~
city Clerk
APPROVED:
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Judy Abdo
Mayor
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