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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
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NOVEMBER 10, 1992
A regular meeting of the Santa Monica City Council was called to
order by Mayor Genser at 7:35 P.M. on Tuesday, November 10, 1992,
in the Council Chambers.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tempore Judy Abdo
Councilmember Robert T. Holbrook
Councilmember Herbert Katz
Councilmember Kelly Olsen
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Also Present: city Manager John Jalili
Acting City Attorney Joe Lawrence
City Clerk Clarice E. Dykhouse
Councilmember Katz led the assemblage in the Pledge of Allegiance
to the Flag of the united States of America.
INSPIRATION: A moment of inspiration was provided by Abby
Arnold, Director of HIVjAIDS Project of Santa Monica UA Community
Commitment,1I recognizing World AIDS Day activities.
Councilmemher Zane moved to add emergency Item No.
agenda. Second by Mayor Pro Tempore Abdo. The
unanimously approved.
14-F to the
motion was
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4-A: WORLD AIDS DAY: Mayor Genser presented a proclamation
designating December 1, 1992, as "World AIDS Day," and the week
of December 1 through December 6, 1992, as a week of community
commitment to fighting AIDS.
6. CONSENT CALENDAR: Presented was the Consent
whereby all items are considered and approved in
unless removed from the calendar for discussion.
Calendar,
one motion
Members of the public Magda Negyef and. Joy Fullmer spoke with
regard to Item 6-D. S. G. Barbane11 spoke regarding Items 6F and
6G.
councilmember Zane moved to remove for discussion Items 6-F and
6-G and approve the remaining Consent Calendar, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by councilmember Vazquez. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
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6-A: MINUTES APPROVAL: The city council minutes of October 27,
1992, were approved.
6-B: FINAL SUBDIVISION MAP/TRACT NO. 23341/TPC-194/733 MARINE
STREET: Resolution No. 8496(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 23341 AT 733 MARINE
STREET," was adopted, thereby approving a 4-unit
tenant-participating conversion project at 733 Marine street.
6-C: ELECTRIC POWERED STATION WAGON: Bid No. 2432 was awarded
to Solar Electric in the amount of $19,112.50 for one electric
powered station wagon for the Environmental Programs Division.
6-D: FACILITIES TO ASSIST THE HOMELESS: Resolution No.
8497 (CCS) enti tIed: If A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF FUNDING
APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR SUPPLEMENTAL ASSISTANCE FOR FACILITIES TO ASSIST
THE HOMELESS, II was adopted.
6-E: FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM:
Resolution No. 8498(CCS) entitled: A RESOLUTION OF THE CITY OF
SANTA MONICA AUTHORIZING FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT
PROGRAM GRANT APPLICATION", was adopted.
END OF CONSENT CALENDAR
Councilmember Zane moved to consolidate Item Nos. 6-F and 6-G.
Second by Councilmember Katz. The motion was unanimously
approved.
6-F: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/CUP
92-026/REDUCED PARKING PERMIT 92-002/250 SANTA MONICA PIER (ASH
GROVE) :
6-G: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/CUP 92-
028/REDUCED PARKING PERMIT 92-003/370 SANTA MONICA PIER (SINBAD):
Presented were the staff reports recommending certification of
Statement of Official Action for appeal of conditional use permit
92-026 and reduced parking permit 92-002, 250 Santa Monica Pier
(Ash Grove) and Statement of Official Action for appeal of
conditional use permit 92-028 and reduced parking permit 92-003,
370 Santa Monica pier (Sinbad). Discussion was held. Mayor
Genser moved to continue both Item No. 6-F and Item No. 6-G, to
ensure that the conditions as prescribed by the Chief of Police
are accurately reflected in the Statements of Official Action.
Mayor Genser moved a substitute motion to continue these items to
the end of the agenda. Second by Councilmember Katz. The motion
was unanimously approved.
7-A: APPEAL/CUP 92-007/ALCOHOL LICENSES/1315 THIRD STREET
PROMENADE: Presented was the appeal of CUP 92-007 to allow the
issuance of six Type-41 (On-Sale Beer and Wine) Alcohol Licenses
for an eight-tenant food court at 1315 Third street Promenade.
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Applicant: Christian Title. Appellant: Trisha Roth. Council
asked questions of staff. stephanie Barbanell, representing the
appellant, spoke in support of the appeal and in opposition to I
the Conditional Use Permit. Christian Title spoke in opposition
to the appeal and in support of the Conditional Use permi t.
Council asked questions of Mr. Title. Members of the public Dana
Stiebel, Lyn Lincoln, and Karl Schober spoke in support of the
CUP. Member of the pUblic Ken Schonlau spoke in support of the
appeal. Stephanie Barbanell presented a rebuttal. Council asked
questions of staff. Councilmember Katz moved to deny the appeal
and uphold the Planning commission approval of Conditional Use
Permit 92-007 with the findings and conditions contained in the
Planning Commission statements of Official Action. Second by
Councilmember Zane. Discussion was held. Mayor Genser moved a
substitute motion to disallow alcohol on the ground floor with
the exception of Space A with the proviso that there be a direct
connection between Space A and the outdoor seating area and allow
alcohol in the upstairs area. Second by Councilmember Olsen.
Discussion was held. The substitute motion failed by the
following vote:
Council vote: Affirmative: councilmember Olsen, Mayor Genser
Negative: Councilmembers Abdo, Holbrook, Katz,
Vazquez, Zane
The main motion was approved by the following vote:
Council vote: Affirmative: councilmembers Abdo, Holbrook, Katz, I
Zane
Negative: Councilmembers Olsen, Vazquez,
Mayor Genser
At 9:30 P.M., Council adjourned for a short recess.
reconvened at 9:50 P.M., with all members present.
Council
7-B: APPEAL/ZONING ORDINANCE INTERPRETATION OF SECTION
9044.3 (e)/PARKING: The appeal of zoning ordinance interpretation
of Section 9044.3(e) regarding parking requirements for changes
of use was continued to the meeting of November 17, 1992.
a-A: ON-SITE INCLUSIONARY UNIT DEVELOPMENT STANDARDS AND IN LIEU
FEES: Presented was an ordinance for introduction and first
reading amending Santa Monica Municipal Code Section 9.28.060 and
9.28.080 regarding on-site inclusionary unit development
requirements and in lieu fees (Proposition R). At 9: 51 P.M.,
Mayor Genser declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. Member of the public
Eileen Hecht urged council to direct the City Attorney to prepare
a revision to the applicability section of Ordinance No. 1615.
Member of the public Lars Ingvarson spoke in opposition to the
proposed ordinance. Mayor Genser closed the public hearing at I
10:05 P.M. Discussion was held. Councilmember Zane moved to
introduce for first reading an ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
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MONICA MUNICIPAL CODE SECTIONS 9.28.060 AND 9.28.080 REGARDING ON
SITE INCLUSIONARY UNIT DEVELOPMENT REQUIREMENTS AND IN LIEU
FEES," reading by title only and waiving further reading thereof.
Second by Mayor Pro Tempore Abdo. Discussion was held. The
motion was approved by the following vote:
council vote: Affirmative: councilmembers Zane, Vazquez, Olsen,
Abdo, Mayor Genser
Negative: councilmembers Katz, Holbrook
Councilmember Katz requested that the record reflect that he
voted Uno" on this item because he feels that the ordinance is
not clear and he opposes the proposition R approach because he
feels that it is detrimental to housing.
Mayor Pro Tempore Abdo moved to direct the City Attorney to
return with either a modification to this ordinance or a new
ordinance addressing the issue to ensure that people who want to
build single family homes on a lot which allows only a single
family home when there are two or more units currently on the lot
are not penalized. Second by Councilmember Vazquez. Mayor
Genser moved a substitute motion to request staff to address the
above issue. The substitute motion was accepted as friendly on
the condition that if the study shows that an ordinance is
necessary that staff return with an ordinance, not merely
suggesting that one be prepared. The motion was unanimously
approved.
8-B: DESIGNATED PARKS DISTRICT/BEACH PARKING DISTRICT/R2 BEACH
PARKING DISTRICT/R3R DISTRICT: The ordinance for introduction
and first reading amending the Zoning Ordinance by establishing
Part 9.04.08.58 implementing the Designated Parks District;
establishing Part 9.04.08.60 implementing the Beach Parking
District; establishing Part 9.04.08.62 implementing the R2 Beach
District; establishing Part 9.04.08.64 implementing the R3R
District was continued to the meeting of November 17, 1992
8-C: PARKING METERS: The ordinance for introduction and first
reading amending Chapter 3.16 of the Santa Monica Municipal Code
regarding parking meters was continued to the meeting of November
17, 1992.
9-A: LOW INCOME HOUSING FUND PREDEVELOPMENT LOAN PROGRAM:
Presented was the staff report recommending approval of the Santa
Monica/Low Income Housing Fund Predevelopment Loan Program,
amendment of the housing trust fund guidelines to allow city
guarantee of predevelopment loans, and authorization for the
execution of necessary documents. Councilmerober Zane moved to
approve the city of Santa Monica/Low Income Housing Fund
Predevelopment Loan Program and authorize the City Manager to
execute any and all documents necessary to initiate and implement
the program and authorize an amendment to the guidelines of the
Pico Neighborhood Housing Trust Fund, the citywide Housing
Acquisition and Rehabilitation program, and the citywide Housing
Trust Fund in order to allow the use of trust fund dollars as a
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guarantee for predevelopment loans. Second by Councilmember
Holbrook. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
9-B: AMENDMENT TO COMPREHENSIVE LAND USE AND ZONING ORDINANCE:
Presented was the staff report recommending adoption of a
resolution directing the Planning Commission to initiate an
amendment to the Comprehensive Land Use and Zoning Ordinance to
allow for a 120 day extension to the existing commercial
development moratorium. Member of the public Joy Fullmer
expressed her concerns. Mayor Genser moved to adopt Resolution
No. 8499 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DIRECTING THE PLANNING COMMISSION TO
INITIATE AN AMENDMENT TO THE COMPREHENSIVE LAND USE AND ZONING
ORDINANCE," reading by title only and waiving further reading
thereof. Second by Councilmember Zane. Discussion was held.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
By virtue of the above action, the Planning commission is
directed to conduct a public hearing on the proposed amendment to
Part 9.04.20.16.050 (b) of the Zoning Ordinance thus permitting
the extension of the commercial moratorium from the February 26,
1993, expiration date to June 26, 1993.
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9-C: LARGE FAMILY DAY CARE CENTERS/EXEMPTION FROM APPLICATION I
FEE: Presented was the staff report recommending adoption of a
resolution exempting owners of large family day care centers from
paying any application fee. Council asked questions of staff.
Member of the public Joy Fullmer expressed her concerns.
Councilmember Zane moved to adopt Resolution No. 8500(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXEMPTING OWNERS OF LARGE FAMILY DAY CARE CENTERS FROM
PAYING ANY APPLICATION FEES," reading by title only and waiving
further reading thereof. Second by Mayor Pro Tempore Abdo. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
9-0: CLOSED SESSION: Not held.
lO-A: REPAIR DAMAGED SIDEWALKS/DRIVEWAYS/CURBS/REMOVE DAMAGED
PAVEMENT/PARKWAY AREAS: Presented was the public hearing on
assessment of costs to repair damaged sidewalks, driveways,
curbs, and remove damaged pavement in the parkway areas on
various streets (SR-92-185). council asked questions of staff.
At 10: 33 P.M., Mayor Genser declared the public hearing open.
Member of the public Samuel Gordon spoke in protest of the
proposed assessment. Mayor Genser closed the public hearing at
10:37 P.M. Council asked questions of staff. Councilmember Katz
moved to acknowledge the protest and adopt Resolution No. I
8501 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CONFIRMING THE ASSESSMENT OF COSTS AND THE
REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO
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DAMAGED SIDEWALKS, DRIVEWAYS, CURBS AND REMOVAL OF DAMAGED
PAVEMENT IN THE PARKWAY AREA ON VARIOUS STREETS (SR-92-185),"
reading by title only and waiving further reading thereof. The
motion was duly seconded and approved by the following vote:
council vote: Affirmative:
Councilmembers Abdo, Katz, Olsen,
Vazquez, Zane, Mayor Genser
Abstain: Councilmember Holbrook
13-A: PARKING OF FILM TRUCKS: The request of Antoinette Levine,
Location Manager for Columbia Pictures, to address council
regarding permission to park film trucks on the west side of 14th
Street and in the Fireside Market parking lot after 10:00 P.M.,
November 16 and 17, 1992, was withdrawn.
14-A: APPOINTMENT OF MEMBER/COMMISSION ON OLDER AMERICANS: Mayor
Pro Tempore Abdo moved to continue the appointment of a member to
the Commission on Older Americans to the meeting of November 17,
1992. Second by Mayor Genser. The motion was unanimously
approved.
14-B: ENFORCEMENT OF ENCAMPMENT ORDINANCE: The request of
Councilmember Katz to ask the Acting City Attorney to discuss the
enforcement of the encampment ordinance was withdrawn at the
request of Councilmember Katz.
14-C: RECONSIDERATION/APPEAL OF PLANNING COMMISSION DENIAL OF
TENTATIVE PARCEL MAP 21159/VARIANCE 92-013/SUBDIVISION OF A
PARCEL AT 3222-3232 23RD STREET: Councilmember Vazquez presented
his request to discuss reconsideration of Council action taken on
September 22, 1992, regarding Appeal of Planning Commission
denial of Tentative Parcel Map 21159 and Variance 92-013 to allow
the subdivision of a parcel at 3222-3232 23rd street.
Councilmember Vazquez moved to reconsider council action taken on
September 22, 1992, regarding Appeal of Planning Commission
denial of Tentative Parcel Map 21159 and Variance 92-013 to allow
the subdivision of a parcel at 3222-3232 23rd street. Second by
Councilmember Katz. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: councilmembers Abdo, Holbrook, Katz,
Vazquez, Zane
Negative: Councilmember Olsen, Mayor Genser
14-D: LETTER OF RESIGNATION/DENNY FITZPATRICK/PIER RESTORATION
CORPORATION: Councilmember Katz moved to accept with regrets the
letter of resignation of Denny Fitzpatrick from the pier
Restoration Corporation Board of Directors and authorize the City
Clerk to publish a Notice of Vacancy. Second by Councilmember
Holbrook. The motion was unanimously approved.
14-E: MAINTENANCE OF GENERAL RELIEF GRANT: Presented was the
request of Mayor Pro Tempore Abdo to discuss approval of the
request of the Los Angeles county Board of Supervisors to
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maintain the General Relief Grant. Mayor Pro Tempore Abdo moved
to direct staff to write a letter to the Los Angeles county Board
of Supervisors aSking that the grants be maintained at their I
current level. Second by councilmember Katz. Discussion was
held. The motion was unanimously approved.
14-F: OIL TANKER TRAFFIC: Presented was the request of Mayor
Pro Tempore Abdo to discuss adopting a resolution urging the
California Coastal Commission to deny a Chevron Corporation
appeal of the Santa Barbara County decision to protect coastal
waters from oil tanker traffic. Mayor Pro Tempore Abdo moved to
adopt Resolution No. 8502 (CCS) entitled: II A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA URGING DENIAL BY THE
CALIFORNIA COASTAL COMMISSION OF AN APPEAL BY CHEVRON", reading
by title only and waiving further reading thereof. Second by
Councilmember Zane. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
concerns.
6-F: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/CUP
92-026/REDUCED PARKING PERMIT 92-002/250 SANTA MONICA PIER (ASH
GROVE) :
6-G: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/CUP 92-
028/REDUCED PARKING PERMIT 92-003/370 SANTA MONICA PIER (SINBAD):
Discussion was held. Mayor Genser moved to approve the
Certification of Statement of Official Action for Appeal of
Conditional Use Permit 92-026 and Reduced Parking Permit 92-002,
250 Santa Monica Pier, and to approve the certification of
statement of Official Action for Appeal of Conditional Use Permit
92-028 and Reduced Parking Permit 92-003, 370 Santa Monica Pier.
Second by councilmember Olsen. The motion was approved by the
following vote:
council vote: Unanimously approved 7-0
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ADJOURNMENT: At 11: 00 P.M., the meeting was adjourned to 7: 30
P.M., November 17, 1992.
ATTEST:
APPROVED:
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Clarice E. DY~~Se
city Clerk
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November 10, 1992