M-8/18/1998
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 18, 1998
A regular adjourned meetmg of the Santa Momca CIty CouncIl was called to order by Mayor
Holbrook at 630 pm, on Tuesday, August 18, 1998, m the Councd Chambers
Roll Call
Present
Mayor Robert T Holbrook
Mayor Pro Tern Pam O'Connor
Counctlmember Ruth Ebner
Counctlmember Michael Femstem
Councllmember Ken Genser
Counetlmember Asha Greenberg
Counctlmember Paul Rosenstem
Also Present
CIty Manager John Jahh
CIty Attorney Marsha Jones Moutne
Cay Clerk Maria M Stewart
CLOSED SESSIONS
CLOSED SESSIONS At 6 30 pm. CouncIl adjourned to
Closed SessIOn to conSIder the followmg
16-A Conference with Legal Counsel - Existing Litigation
Bret Carr v S:MPD. City of Santa Momca. et ai, Case No 97-
8765 HLH (Ex)
ACTION No reportable actIon taken
16-B Conference with Legal Counsel - Existing Litigation
Cltv of Santa Momea v. Andrew Mark Lessman. et aL Case No
BC 191657
ACTION
No reportable actlOn taken
16-C Conference with Legal Counsel - Existing Litigation
RIn!! Tradm!! COrD. v. CltV of Santa Momca. Case No BX
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172044
ACTION Not heard
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August 18, 1998
RECONVENE-PLEDGE
REQUEST TO HEAR OUT
OF ORDER
PUBLIC INPUT
TEXACO STATION: RE-
CONSIDERATION
DEVELOPMENT
STANDARDS FORR-l
DISTRICT NORTH OF
MONTANA
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16-D Conference wIth Legal Counsel - Anticipated
Litigation
l\umber of cases Two
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ACTION No reportable actIOn taken
Council reconvened at 7 15 pm, with all Councllmembers
present Councilmember Greenberg led the assemblage m the
Pledge of Allegiance to the Flag of the Umted States of Arnenca
MotIOn bv Mavor Holbrook. seconded bv Mavor Pro Tern
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O'Connor, to hear member of the publIc Ron Schurr under
public input at thiS time, due to his time constramts The motion
was approved by VOice vote, Councilmember Genser abstammg
15 PlirBLIC INPUT Member of the pubhc Ron Schurr
discussed the hours of operation of the parkmg meters on Mam
Street Request referred to staff
7-A RECONSIDERATION OF PLANNING COMMISSION
APPROVAL OF ADDmON OF CONVENIENCE STORE
TO EXISTING GAS STATION AT 1410 PICO
BOULEVARD (TEXACO) MotIOn by Councllmember
Rosenstem. seconded by Councilmember Genser, to continue
thiS Item at the request of the apphcant to a future meetmg and
directed staff to adequately notice the appropnate people The
motion was unammously approved by VOice vote
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8-A DEVELOPMENT STANDARDS FOR R-I DISTRICT
NORTH OF MONTANA AVENUE Presented was the staff
report recommendmg adoptIOn of an Emergency Intenm
Ordinance or mtroduct1on and first readmg of an Intenm
Ordmance to estabhsh development standards for the R-l
District north of Montana Avenue
On order of the Mayor, the pubhc heanng was opened
The followmg members of the pubhc spoke m opposition to the
proposed ordinance Donna NOWicki, Aimee Goldberg, Michael
Cieply, Rod Goldberg, Lori Nafshun, Norm Peterson, Paulette
Kazdashean, and Hsuan- Ying Chou Member of the pubhc Joey
Fullmer expressed her concerns
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August 18, 1998
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The followmg members of the publIc spoke m support of the
proposed ordmance Jean Sedlllos, Darrell Clarke, Harry
Gewertz, Judy Gewertz, Donna Blake, Gdes Smith, Susan
Ltesberg, David Laccen, Caldecot Chubb, Chuck Allord, Eldon
Cotton, Victor Fresco, Gertrude Shmbane, BIll Blatt, Lee
BIShop, and Robert Posek
RECESS
On order of the Mayor, the CIty Councd recessed at 9 29 pm,
and reconvened at 955 pm, WIth all members present
The followmg members of the publIc spoke m support of the
proposed ordmance Jon SOOlllos, JIm Zukor, Guy Nutter, Dee
Shutt, Dons Sosin, Lawrence Stone, and Sue Opdyke
The followmg members of the publIc spoke m OppOSItIon to the
proposed ordmance John Ruchinskas, Suzanne Barron, StarlIe
Sokol, VIctor Hohne, J Charles, MarCIa nhng, and Chns
Hardmg Member of the public Bnan Hutchmgs expressed hIS
concerns
MotlOn bv Mavor Pro Tern O'Connor. seconded bv
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Counctlmember Femstein, to contmue the meetmg past 11 00
pm
SubstItute motIon by Counctlmember Rosenstem, seconded by
Counctlmember Femstein, to contmue the pubhc heanng after
II 00 pm, and make a decIsIon as to the remamder of the
meetmg when the public hearing has been concluded The
motIon was unanimously approved by vOIce vote
The followmg members of the pubhc spoke m oppositlOn to the
proposed ordmance Ene Parlee, RIchard WIlks, Ten WIlks,
John Staff, Charles Castaldi, Gary Torpy, Pamela Murphy,
Robert Ramirez, and Lmdi Bemstem
The follOWIng members of the pubhc spoke 10 support of the
proposed ordmance Jule Lamm and Carolyn GUillot
MotIon bv Counctlmember Femstem. seconded bv
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Counctlmember Genser. to hear late speakers for one minute
each
Substitute motIon bv Councilmember Rosenstem. seconded bv
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August 18, 1998
COllnCllmember Ebner was
excused at 11 50 pm
RECESS
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Mayor Pro Tern O'Connor to deal only wuh the business
reqUIred to be dealt WIth thIS evemng and contmue everythmg I
else untIl tomorrow mght and hear late speakers for one ffimute
each
Councllmembers F emstem and Genser wIthdrew theIr mouon
The motion by Counctlmember Rosenstein was unanImously
approved by VOIce vote
The followmg members of the pubhc spoke m support of the
proposed ordinance Mary Jo Stenger, Tony Stenger, Sue
Edwards, and Peggy Cramer The followmg members of the
public spoke m OppOSItion to the proposed ordmance Richard
LutomnskI, Lee Fnedman, Roger Hartman, and Mahomed
Mahomed
There bemg no further speakers, the Mayor closed the public
hearmg And continued dehberatlons to August 19, 1998, at 730
pm
On order of the Mayor, the Cay Councll recessed at 12 10 am,
and reconvened at 7 4S pm, on August 19, 199&
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DiSCUSSIOn ensued relative to the proposed ordinance and Issues
such as lot Size, buildIng envelope, set backs, mezzamnes,
buildIng height, and accessory bUIldmgs
Motion bv Councilmember Feinstein. seconded bv
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Counctlmember Genser, to adopt Emergency Interim Ordinance
No 1921(CCS), entItled <<AN INTERIM ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING DEVELOPMENT STANDARDS FOR THE
Rl DISTRICT NORTH OF MONTANA AVENUE,
DECLARING THE PRESENCE OF AN EMERGENCY,'-
includIng the staff language as presented on August 18, 1998,
With the exceptIOn of the language about lofts, mezzanInes, and
uninhabitable floor spaces as included In Section 2 6(q), and
includIng the language presented to CounCil this evenmg, as
fonows
A
ModIfy Section 2 6(1) to read "Second Floor Square
Footage The square footage of the second floor, mcluding
the second floor of an accessory buildmg, shan not exceed
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August 18, 1998
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26 percent of the parcel square footage AdditlOnally,
second floor balconies or terraces shall not exceed 250
square feet"
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ModIfy SectIon 2 60) to read "Projections No budding
projectIons except chImneys, eaves, sills, conuces, and belt
courses shall be permitted m any reqUIred SIde yard setback
area " (No changes to current standards regardmg
prOjectIons mto front and rear yard setback areas)
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ModIfy SectIon 2 6(p) to read <<Accessory Buildings On
comer lots, two story accessory bUIldIngs shall only be
located on the mtenor sideyard and shall be developed m
accordance with Code SectIons 9 04 10 02 110 and
904 14 110 Two story accessory bUlldmgs located on
mtenor lots shall be developed In accordance With Code
SectIons 9 04 1002 110 and 9 04 14 110 One story
accessory bUIldings shall be developed m accordance WIth
Code Sections 9 04 10 02 100, 9 04 10 02 110, and
904 14 110 "
D Add Section 6 2(r) to the proposed ordmance to read as
follows "Additional Side Stepback Above 21 Feet in
Height No portlon of the hUlldmg, except permItted
proJectiOns, shall intersect a plane commencmg 21 feet In
heIght at the mInimum sideyard setback and extendmg at
an angle of 45 degrees from the vertIcal toward the interIor
of the site"
MotIon by Councdmember GenseL acce!lted as friendly, to
amend the motIon to restore previous stepbacks and the
flexlblhty to modIfy those standards, subject to Architectural
ReVIew Board approval
MotIOn by Councilmember Genser. acce!lted as fnendly, to
amend the motIon to mclude language relatmg to volumes over
14-feet countmg agamst the second-floor floor area
Motlon by Councdmember GenseL acce!lted as fnendly, to
amend the motIon to mclude a pohcy for the front yard setbacks
that they be based upon the two adjacent buddmgs, but no less
than 20-feet and no less than the dIstnctmg map
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August 18, 1998
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Motion by Councilmember GenseL accepted as fnendly, to I
amend the motion that second-story accessory buildings shall be
by use permit
MotIon by Mayor Holbrook. accepted as fnendly, to amend the
motion that lot coverage may be mcreased to fifty percent if the
structure IS one-story and does not exceed I8-feet m height,
eXlstmg structures that are at fifty percent may not add a second
story
Motion by Mayor Holbrook. seconded by CouncIlmember
F einstem, to amend the motIon to allow the second floor area to
be 27 percent of lot coverage lllstead of 26 percent The
amendment faded by the followmg vote
Ayes CouncIlmembers F emstem, Rosenstein and l\!layor
Holbrook
Noes CouncIlmembers Genser, Greenberg, Mayor Pro Tern
0' Connor
Abstam Counctlmember Ebner
The mam motIon, as amended, was approved by the followmg
vote
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Ayes
Councllmembers Rosenstem, Genser, Femstem,
Mayor Pro Tem O'Connor, Mayor Holbrook
Councilmembers Ebner, Greenberg
None
Noes
Absent
Counctlmember Greenberg requested that the record reflect
whIle she IS m agreement Wlth most of the recommendatIOns she
does not agree With hmlting the size of the second story and she
would prefer to have an overall FAR
Councllmember Ebner requested that the record reflect that she
does not believe that thiS is a proper subject for an emergency
ordmance and she has concerns With the notice and the mput
from the commumty and to the community She expressed her
behef that the community would be better served to have a more
reasoned and intelligent approach to butldmg standards
Councilmember Genser commended staff for their exceptional
effort
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August 18, 1998
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RECESS
REPORTS OF BOARDS
AND COMMISSIONS
RE.MOVAL OF
COMMISSIONER
WRITTEN COMl\'I:
ALLEGED ADA
VIOLATIONS
COUNcn ,MEMBER
DISCUSSION ITEMS
665
On order of the Mayor, the CIty CouncIl recessed at 10 41 pm,
and reconvened at 10 53 pm, with all members present except
Councllmember Ebner
l1-A REMOVAL OF COMMISSIONER FROM SOCIAL
SERVICES COMMISSION Presented was the request of the
SOCIal Services Commission to remove a commiSSiOner from the
Commission for non-attendance at monthly meetmgs
MotIon bv CouncIlmember F emstem. seconded bv
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Councilmember Greenberg, to hear a speaker who is regIstered
to speak and then continue the remamder of thIS Item to the
meetmg of September 8, 1998 The motion was approved by
VOice vote, Councilmember Genser opposed, CouncIlmember
Ebner absent
Member of the public Jerry Rubin spoke m support of the
recommendatIon to remove a commiSSIoner from the Social
ServIces CommIssion for non-attendance at monthly meetIngs
Monon bv Councilmember F emsteIn. seconded bv
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Councllmember Greenberg, to amend the monon to return thIS as
a 5-item on September 8, 1998 The motiOn was approved,
Councdmember Genser and Mayor Pro Tern O'Connor opposed,
Councilmember Ebner absent
13-A VIDEO REGARDING SANTA MONICA
COMMUNITY CORPORATION AND ADA VIOLATIONS
Motion bv Mavor Holbrook:. dulv seconded. to receive and file
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the mfonnation and have the VIdeo relatmg to the Santa Momca
Commumty CorporatiOn and ADA ViOlations, as prepared by Pro
Se, sent to the Councd office for vlewmg by councll members
The motIon was unanImously approved by VOIce vote,
Counctlmember Ebner absent
14-A APPOINTMENT TO BA YSIDE DISTRICT
CORPORATION
ThIS item was contmued to the meetmg of September 8, 1998
EXAMINATION OF 14-B EXAMINATION OF HOUSING RELOCATION
HOUSING RELOCATION POLICIES Presented was the request of Councilmember
POLICIES FemsteIn to dIrect staff to examme the City's hOUSIng relocation
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August 18, 1998
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Councllmember Greenberg
was excused at 11 05 p.m
DOWNTOWN OUTDOOR
TRANSIT MALL
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pohcles, mcludmg the level of fees mvolved and assocIated
notlcmg requlfements
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Member ofthe pubhc EIleen Hecht made suggestions as to
possIble mltIgatlOn measures relatmg to tenant relocatIon during
reconstructIon
Member of the pubhc Howard Jacobs spoke regardIng the
difficulty of balancmg the needs of the commumty and the
property owners and the need to mItigate the inconvemence to
tenantsdunngreconstructlon
MotlOn bv CouncIlmember FeInsteIn. seconded bv
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CouncIlmember ~ms.er, to ask staff to examIne and report on a
vanety of factors Involved around remodehng of eXIstIng
apartment buIldings that affect the quahty of hfe dunng the
remodel, Including the notIcIng process, the mechanism for
complamts, the gain or loss of amemtles, constructIon
mItIgations, fees for both temporary and permanent relocatIOn, as
well as optIons for relocation on- or off-sIte, and meetIngs WIth
tenants to dISCUSS the condItions Involved dunng the renovatIon
Motion by CouncIlmember GenseL acce!rted as fri~4Iy, to I
amend the motion to ask staff to determine If there IS anything
that CouncIl should do to address the Issue of tenants lOSIng theIr
affordable rent controlled apartments because of the
mconvemence of hVIng there
The motIon, as amended, was unanimously approved by VOlCe
vote, CouncIlmembers Ebner and Greenberg absent
14-C POSSffiLE SUSPENSION OF WORK ON
DOWNTOWN OUTDOOR TRANSIT MALL Presented was
the request of Councdmember Rosenstem that CounCIl hold a
hearIng to determIne If work should be suspended on the
downtown outdoor tranSIt mall due to the posslblhty of unsavory
estabhshments, specIfically a Hooter's Restaurant, comIng to
Santa Momca Boulevard
Motion by CouncIlmember FeInstem. seconded by Mayor Pro
Tern O'Connor, to contmue the meetIng past 11 00 P m The
motIon was unanImously approved, Councdmembers Ebner and
Greenberg absent
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The follOWIng members of the public spoke in oppositIon to the
proposal Marios Savvldes, owner of the proposed site, and Larry
Klinghoffer, and Fred GlIck, representing Hooter's Restaurant
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August 18, 1998
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RESEARCH - LABOR
CODE VIOLA nONS
PUBLIC INPUT
ADJOURNl\fENT
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Councilmember RosensteIn withdrew hIS request In order to
conduct further research
14-D HIRING OF SERVERS OF ONLY ONE GENDER
WITH CERTAIN PHYSICAL ATTRIBUTES Presented was
the request of Councilmember Rosenstein to request that CouncIl
dIrect the CIty Attorney to research whether any laws would be
violated if a restaurant hires as servers people of only one gender
and WIth certam phYSIcal attrIbutes
Member of the publtc Jerry RubIn spoke In support of the
request
Motion bv CouncIlmember Rosenstein. seconded bv
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Councllmember Genser. to request the CIty Attorney to research
and report back to Counctl as to whether any laws would be
VIolated If a restaurant hires as servers people of only one gender
and WIth certain phYSICal attributes and whether there may be
any legislatIon for conSIderatIon to be adopted III the City of
Santa Monica WIth regard to thiS Issue The motIon was
unammously approved by vOIce vote, CouncIlmembers Ebner
and Greenberg absent
15 PUBLIC INPUT Member of the publIc EIleen Hecht
discussed reasons for her reSIgnatIOn from the AIrport
CommiSSIon
On order of the Mayor, the CIty CouncIl meetmg was adjourned
at 12 06 am, to September 8, 1998
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ATTEST
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)f{lCur-/ rd('. ---
APPROVED
Mana M Stewart
CIty Clerk
Robert T Holbrook
Mayor
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August 18, 1998