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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 15, 1992
An adjourned meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 7: 42 P.M. on Tuesday, December 15,
1992, in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio Vazquez
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember 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
Mayor Pro Tempore Vazquez led the assemblage in the Pledge of
Allegiance to the Flag of the united states of America.
Councilmember Greenberg moved to add emergency Item No. 14-D to
the agenda. Second by Councilmember Holbrook. Council asked
questions of staff. Discussion was held. The motion was
approved by the following vote.
Council vote:
Unanimously approved 7-0
4-A: AWARD OF CERTIFICATES/1992 WORLD AIDS DAY POSTER CONTEST:
Mayor Abdo presented certificates to participants in the 1992
World Aids Day Poster Contest.
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 Counci1member Olsen. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
6-A: DISABLED PARKING/DOWNTOWN PARKING STRUCTURES: Resolution
No. 8517 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PERMITTING MOTORISTS DISPLAYING A DISABLED
PLACARD TO PARK IN THE PERMIT ONLY AREAS OF THE DOWNTOWN PARKING
STRUCTURES," was adopted.
6-B: FINAL SUBDIVISION MAP/TRACT NO. 21957/CONDOMINIUMS/2002-
2008 IDAHO AVENUE: Resolution No. 8518 (CCS), entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
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ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
21957 FOR A PROJECT AT 2002-2008 IDAHO AVENUE, tI was adopted,
thereby approving a 4-unit condominium project at 2002-2008 Idaho I
Avenue.
6-C: FINAL SUBDIVISION MAP/TRACT NO. 50953/TPC-185/2424-2428 OAK
STREET: Resolution No. 8519(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50953 FOR A PROJECT AT
2424-2428 OAK STREET," was adopted, thereby approving a 12-unit
tenant-participating conversion project at 2424-2428 Oak Street.
6-D: FINAL SUBDIVISION MAP/TRACT NO. 51071/TPC-192/630 IDAHO
AVENUE: Resolution No. 8488(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 51071 FOR A PROJECT AT 630
IDAHO AVENUE," was adopted on October 13, 1992, thereby approving
a 23-unit tenant-participating conversion project at 630 Idaho
Avenue.
6-E: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL OF
TENTATIVE PARCEL MAP 2ll59/VARIANCE 92-013/3222-3232 23RD STREET:
The statement of Official Action which contains findings for the
denial of Tentative Parcel Map No. 21159 and Variance No. 92-013
at 3222-3232 23rd Street was approved.
6-F: TRANSPORTATION MANAGEMENT PLAN ORDINANCE: The Acting city
Attorney was directed to prepare an ordinance amending the city1s I
Transportation Management Plan Ordinance to: 1) add language
adopted by SCAQMD to Regulation XV concerning employee
involvement and notification of trip reduction plan preparation
to maintain the Transportation Management Planrs status as more
stringent than Regulation XV; 2) amend the dates when the City
will begin notifying employers of their need to comply with the
Transportation Management Plan provisions and, accordingly, amend
the dates when employers must comply with the Transportation
Management Plan, whether or not they have been notified by the
city to do so; and 3) incorporate additional requirements for new
non-residential development to fu1fi11 certain requirements of
the city's Congestion Management PIan (CMP) Transportation Demand
Management (TDM) ordinance, mandated by the state.
6-G: CANCELLATION OF CITY COUNCIL MEETING OF DECEMBER 22, 1992:
The City council Meeting of December 22, 1992, was cancelled due
to the holidays.
END OF CONSENT CALENDAR
Councilmember Rosenstein moved to combine Item No. 7-A and Item
No.8-A. Second by Councilmember Holbrook. The motion was
unanimously approved.
7-A: APPEAL/ZONING ORDINANCE INTERPRETATION/SECTION I
9044.3 (e)/PARKING REQUIREMENTS FOR CHANGES OF USE:
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Presented was the appeal of zoning Ordinance interpretation of
Section 9044.3(e) regarding parking requirements for changes of
use. Appellant: Councilmember Ken Genser.
8-A: PARKING REQUIREMENTS FOR CHANGES OF USE FROM RESIDENTIAL TO
COMMERCIAL OR INDUSTRIAL ON AN INTERIM BASIS:
Presented was an emergency
adoption establ iShing parking
from residential to commercial
basis.
ordinance for introduction and
requirements for changes of use
or industrial uses on an interim
council asked questions of staff. Discussion was held. Member
of the public Chris Harding addressed Council with the reasons
why he believes that he is the appellee in this case.
Councilmember Genser moved to continue the appeal in the matter
of the ordinance this evening and have the issue of the
interpretation and the appeal filed on behalf of Mr. Harding's
client's project be heard at the same time at a later date.
Second by Councilmember Rosenstein. Discussion was held.
Council asked questions of Mr. Harding. Discussion was held.
Councilmember Greenberg moved a substitute motion to continue the
ordinance and hear the appeal. Second by Councilmember Holbrook.
Discussion was held. The motion was withdrawn by the maker and
the second. Councilmember Genser moved a substitute motion to
withdraw all three items. The substitute motion died due to lack
of a second. Mayor Abdo moved a substitute motion to continue
the appeal and the ordinance until later in the meeting, complete
the other items, check on the time and if there is time take a
break during which Council can review the new ordinance and
attempt to take the two items together after the break. Second
by Councilmember Greenberg. The substitute motion was approved,
Councilmember Genser opposed.
8-B: INCLUSIONARY HOUSING: Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code section 9.28.030 concerning inclusionary housing. At 8:20
P.M., Mayor Abdo declared the public hearing open. Members of
the public Joy Fullmer, Beloved Quail, and Mrs. Han expressed
their concerns. Member of the public Eileen Hecht spoke in
support of the revision to the ordinance. Mayor Abdo closed the
pUblic hearing at 8: 30 P.M. Councilmember Holbrook moved to
introduce for first reading an ordinance entitled: If AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTION 9.28.030 REGARDING INCLUSIONARY
HOUSING," reading by title only and waiving further reading
thereof. second by Mayor Abdo. Discussion was held. The motion
was approved by the following vote:
Council vote:
Unanimously approved 7-0
9-A: INSTITUTE OF TRANSPORTATION ENGINEERS' MANUAL/TRIP
GENERATION RATES/UPDATE TO MASTER ENVIRONMENTAL ASSESSMENT:
Presented was the staff report recommending utilization of the
Institute of Transportation Engineers' (ITE) Manual as a source
for trip generation rates and authorization for the City Manager
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to negotiate and execute a contract with Michael Brandman
Associates to prepare the 1993-94 update to the Master
Environmental Assessment. Member of the public Ken Kutcher I
discussed the comparison of the ITE rates with the SANDAG rates
and urged a return to the ITE methodology standards for
intersection capacity. Member of the public Russ Shaver spoke in
opposition to changing the trip generation rates from the MEA to
the ITE manual. Member of the pUblic Merritt Coleman spoke in
opposition to the reversal of the decision to use the SANDAG
model. Member of the public Laurel Roennau discussed her
concerns with the study and stressed the importance of utilizing
an accurate model. Member of the public Jennifer Polhemus urged
Council to retain the current methodology. Council asked
questions of staff. Councilmember Olsen moved to hear a late
speaker. Second by Councilmember Genser. The motion failed,
Councilmembers Greenberg and Rosenstein and Mayor Abdo opposed.
Councilmember Genser moved to reopen the public hearing. second
by councilmember Olsen. The motion failed, councilmembers
Greenberg, Holbrook, Rosenstein, and Vazquez, and Mayor Abdo
opposed. Discussion was held.
Councilmember Genser moved to request staff to perform additional
research, interviews, or additional samplings to verify the
conclusion of the Barton Aschman Associates report and if this
proves val id that the option to use ITE numbers for off ice
development be held open and also look to refine the number for
reduction for drive-by traffic in retail uses as part of the
research on projecting the appropriate factor for background I
growth. Second by Councilmember Olsen. Discussion was held.
councilmember Rosenstein moved a substitute motion to adopt the
staff recommendation. Second by Councilmember Greenberg.
Discussion was held. The main motion was withdrawn by the maker
and the second. Councilmember Genser moved a substitute motion
to use the ITE methodology for office development only. Second
by Councilmetnber Olsen. Council asked questions of staff. The
substitute motion failed by the following vote:
Council vote: Affirmative: councilmembers Genser, Olsen,
Vazquez
Negative: Councilmembers Greenberg, Holbrook,
Rosenstein, Mayor Abdo
The main motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Greenberg, Holbrook,
Rosenstein, Mayor Abdo
Negative:
Councilmembers Genser, Olsen,
Vazquez
Mayor Pro Tempore Vazquez requested that the record reflect that
he voted "non on this motion because he feels that it is an I
inappropriate gesture to quickly accommodate the will of
consul tants and he did not feel comfortable making the
recommended move at this point.
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councilmember Genser requested that the record reflect that he
voted "no" on this motion because he believes that there is no
information before the Council, other than a study which is
incomplete, to justify using ITE numbers and that study, if it
were complete, only speaks to office uses and not other uses.
By virtue of the above action, staff was directed to use the ITE
trip generation rates in the traffic analysis and contract No.
5910(CCS) in the amount of $77,933, with Michael Brandman
Associates to prepare the MEA update, was approved.
Councilmember Holbrook moved to hear the remainder of the agenda
this evening and continue the meeting to December 16, 1992, at
7:30 P.M., in order to hear Item Nos. 7-A and 8-A. The motion
died due to lack of a second.
At 10: 10 P.M., Council adjourned for a short recess.
reconvened at 10:25 P.M., with all members present.
Council
9-B: RECONSIDERATION/TENTATIVE PARCEL MAP 2ll59/VARIANCE 92-
013/3222-3232 23RD STREET: The reconsideration of City Council
denial of Tentative Parcel Map 21159 and Variance 92-013 at 3222-
3232 23rd street was continued to the meeting of January 12,
1992.
9-C: CLOSED SESSION: Held at end of meeting.
7-A: RESUMED APPEAL/ZONING ORDINANCE INTERPRETATION/SECTION
9044.3(e)/PARKING REQUIREMENTS FOR CHANGES OF USE:
8-A: RESUMED - PARKING REQUIREMENTS FOR CHANGES OF USE FROM
RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL ON AN INTERIM BASIS:
Council asked questions of staff. Mayor Pro Tempore Vazquez
moved to extend the meeting to 12:00 Midnight. Second by
Councilmember Olsen. The motion was approved, councilmembers
Holbrook and Rosenstein opposed. Questions of staff continued.
Councilmember Genser presented the appeal. At 11:30 P.M., Mayor
Abdo declared the public hearing open. Member of the public
Chris Harding spoke in opposition to the appeal. Member of the
public Ken Kutcher spoke in opposition to this item being heard
as an emergency and in opposition to the ordinance. Members of
the pUblic Joy Fullmer and Beloved Quail expressed their
concerns. Member of the public Pam O'Connor spoke of the
importance of older buildings and in opposition to the ordinance
as presented. Mayor Abdo closed the public hearing at ll:45
P. M. Council asked questions of staff. Councilmember Genser
moved to uphold the appeal and simultaneously adopt version C of
the proposed ordinance. Second by Councilmember Olsen.
Discussion was held. Councilmember Rosenstein moved a substitute
motion to deny the appeal and to approve staff recommendation to
take no action on the ordinances and request that the Planning
Commission, should they forward an ordinance to the city Council,
include a provision that the ordinance be retroactive to December
15, 1992, for applications which are deemed incomplete as of that
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435
date and that planning staff so advise any member of the public
who is engaged in such a conversion that they may be affected by
a retroactive ordinance. Discussion was held. Mayor Abdo moved I
to amend the motion to adopt version B of the ordinance. Second
by Councilmember Greenberg. Discussion was held. The amendment
was accepted as friendly. The substitute motion was approved by
the following vote:
council vote: Affirmative: Councilmembers Vazquez, Rosenstein,
Holbrook, Greenberg, Mayor Abdo
Negative: councilmembers Olsen, Genser
Councilmember Genser requested that the record reflect that he
voted "no" on this motion because he feels that it is
inappropriate to overrule the opinion of the City Attorney in
interpreting the law thereby allowing one particular project to
be converted from residential to office use.
By virtue of the above action, the appeal was denied and the
Planning commission's interpretation that Section 9044.3(e)
applies when the change of use involves a new use with a higher
parking requirement than the former use was adopted, and
Ordinance No. 1660 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARKING
REQUIREMENTS FOR CHANGES OF USE FROM RESIDENTIAL TO COMMERCIAL OR
INDUSTRIAL USES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF
AN EMERGENCY," was adopted.
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councilmember Holbrook moved to extend the meeting to 12:15 A.M.
Second by Mayor Abdo. Discussion was held. Councilmember Genser
moved a substitute motion to extend the meeting to 12:30 A.M. to
hear from members of the public on "1511 items, conduct the Closed
session, and hear Item Nos. 14-B, 14-C and 14-0. The motion was
approved, Mayor Pro Tempore Vazquez opposed.
l4-A: APPOINTMENT OF MEMBER/AIRPORT COMMISSION: The appointment
of a member to the Airport Commission was continued to the
meeting of January 12, 1992.
14-B: MAYORAL APPOINTMENTS/COUNCIL DELEGATES AND
ALTERNATES/PUBLIC AGENCIES/LIAISONS/BOARDS AND COMMISSIONS: Mayor
Abdo presented her appointments of Council delegates and
alternates to public agencies and Council liaisons to Santa
Monica Boards and Commissions. Councilmembers Genser and Olsen
declined their appointments. Discussion was held. The following
appointments were made:
Airport Commission: Mayor Abdo/Councilmember Vazquez
Architectural Review Board: councilmember Greenberg
Building and Safety commission: Mayor Abdo
commission on Older Americans: Mayor Abdo
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commission on the status of Women: Councilmember Greenberg
Housing Commission: Councilmember Rosenstein
Landmarks Commission: Councilmember Holbrook
Personnel Board: Councilmember Holbrook
Recreation and Parks commission:
Greenberg
Councilmembers Vazquez/
Bayside District
Holbrook
Rosenstein/
Corporation:
councilmembers
pier Restoration Corporation: Councilmembers Vazquez/Rosenstein
Environmental Task Force: Mayor Abdo/Councilmember Rosenstein
Santa Monica/Malibu Unified School District:
Vazquez
Councilmember
Santa Monica College: Councilmember Rosenstein
Regional Delegates:
Bay Restoration Project: Mayor Abdo / Alternate - Christine Reed
Business/Government Council on Homelessness: Mayor Abdo
Independent Cities of Los Angeles County: Councilmember Holbrook
League of cities Los Angeles: Delegate - Councilmember Holbrook/
Alternate - Councilmember Vazquez
League of Cities California: Delegate - Councilmember Vazquez/
Alternate - Councilmember Greenberg
League of cities National: Delegate - Mayor Abdo/ Alternate -
Councilmember Vazquez
Metropolitan Water District: Christine Reed
Southern california Association of Governments (SCAG): Delegate -
Councilmember Vazquez
City Selection Committee:
Councilmember Holbrook
Delegate - Mayor Abdo/ Alternate -
Westside Summit: Delegate - Mayor Abdo
l4-C: LETTER OF RESIGNATION/ELLEN GOLDIN/BAYSIDE DISTRICT
CORPORATION: Councilmember Holbrook moved to accept with regrets
the letter of resignation of Ellen Goldin from the Bayside
District Corporation Board of Directors, thank her for her
services, and authorize the City Clerk to publish a Notice of
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437
Vacancy. Second by Mayor Abdo.
approved.
The motion was unanimously
14-D: POLICE CHIEF AND CITY ATTORNEY/CONFLICT OF I
INTEREST/INVESTIGATING AND PROSECUTING A MEMBER OF THE CITY
COUNCIL: Councilmember Greenberg presented her request to
discuss whether the Police Chief and City Attorney have a
conflict of interest investigating and prosecuting a member of
the City Council. Council asked questions of staff. Discussion
was held. councilmember Greenberg moved to direct the city
Manager and City Attorney to develop a process for channelling
complaints by City employees with regard to directions being
received directly from councilmembers and ensure that
councilmembers are kept apprised and also that the City Attorney
clarify the meaning of Section 610 of the City Charter. Second
by Councilmember Holbrook. The motion was unanimously approved.
15: PUBLIC INPUT: Member of the public Rita Bass addressed
Council regarding the need for affordable housing. Member of the
public Laurence Greenblatt addressed Council regarding free
speech. Member of the pUblic Beloved Quail addressed Council
regarding the problems of homelessness. Member of the public Jim
Foural t addressed Council regarding his disappointment of the
discussion of Item No. 14-D, above.
9-C: CLOSED SESSION: At 12:20 A.M., Council adjourned to Closed
Session for the purpose of discussing the cases of Albert Waltzer
v. City of Santa Monica, Los Angeles superior Court Case No. WEe I
137 258: Glitman & Alkalaj v. city of Santa Monica, Los Angeles
Superior Court Case No. WEC 118 577; United states, et ale V.
Montrose, et al., United States District Court Case No. CV
90-3122-AAH (JRX).
At 1:00 A.M., Council reconvened with all members present except
Councilmember Rosenstein. Councilmember Holbrook moved to
approve settlement in the case of Waltzer v. City of Santa Monica
in the amount of $50,000. Second by Mayor Abdo. The motion was
approved by the following vote:
Council vote: Affirmative: counci1members Genser, Greenberg,
Holbrook, Olsen, Vazquez,
Mayor Abdo
Absent: councilmember Rosenstein
Mayor Abdo moved to approve settlement in the case of Glitman et
al. V. City of Santa Monica in the amount of $120,409. Second by
Councilmember Holbrook. The motion was approved by the following
vote:
Council vote: Affirmative: councilmembers Genser, Greenberg,
Holbrook, Olsen, Vazquez, Mayor Abdo
Absent: councilmember Rosenstein
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Mayor Abdo moved to approve settlement in the case of United
states, et al. v. Montrose et ale in the amount of $45,640.
Second by Councilmember Holbrook. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, vazquez, Mayor Abdo
Absent: Councilmember Rosenstein
ADJOURNMENT: At I:05 A.M., the meeting was adjourned.
ATTEST:
~~tUL?4'7!~
Clarice E. Dykhouse
City Clerk
APPROVED:
9kL;//~
Judy Abdo
Mayor
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439
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Pursuant to C~ty Council act~on of December lS,
1992, the Santa Mon~ca C~ty Counc~l meet~ng
scheduled for 7:30 P.M. of December 22, 1992,
was cancelled.
c:k(~
Deputy C~ty Clerk
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