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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 20, 1993
An adjourned meetmg of the Santa Momca CIty Councll was called to order by Mayor Abdo at
642 P M on Tuesday, July 20, 1993 in the Council Chambers.
Roll Call:
Present
Mayor Judy Abdo
Mayor Pro Tempore Antomo Vazquez
Councllmember Ken Genser
Councilmember Asha Greenberg
CouncIlmember Robert T, Holbrook
Counc1lmember Kelly Olsen
CouncIlmember Paul Rosenstein
Also Present' CIty Manager John Jahh
Actmg CIty Attorney Joe Lawrence
CIty Clerk ClarIce E Dykhouse
9-C CLOSED SESSION: At 643 pm, Council adjourned to Closed SeSSIOn for the purpose
of consIdermg the case of Wave Enterpnses, Inc v City of Santa Momca
At 7'13 P.M., CouncIl returned from Closed SeSSIOn WIth all members present No actIon was
taken Mayor Abdo called the regular Council meeting to order
Councllmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the
United States of America
Mayor Pro Tempore Vazquez stated for the record he was wIthdrawing Item No. 14-D
8-A PARK CLOSURE HOURS Presented was an ordrnance for second readmg and adoption
addmg sectIOns to Chapter 4.08 of the Santa Momca Municipal Code to establish park closure
hours. Councilmember Olsen moved to adopt Ordinance No 1693(CCS) entItled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTIONS TO CHAPTER 4 08 OF THE SANTA MONICA MUNICIPAL CODE TO
EST ABLISH PARKS CLOSURE," reading by tItle only and waIvmg further readmg thereof
Second by CouncIlmember Holbrook The motion was approved by the followmg vote
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Council vote AffIrmative Councllmembers Rosenstem, Olsen, Holbrook. Greenberg, Genser
NegatIve Councllmember Vazquez, Mayor Abdo
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Mayor Pro Tempore Vazquez requested that the record reflect that he voted "no" on this item
because It was never shown that It was an emergency to close the parks.
Mayor Abdo requested that the record reflect that she voted "no" on tlns item as she does not
beheve that changmg the hours of the parks IS gomg to make a measurable dIfference 10 drug
deahng She is concerned about the effects this ordmance will have on the homeless, and
expressed the bebef that drug dealers and homeless persons will merely relocate to other parts
of the city
8-B DEVELOPMENT STANDARDS/Ml AND C5 DISTRICTS Presented was an ordinance
for mtroduction and fIrst readmg extending the Intenm ordinance to unplement development
standards for portIOns of the Ml and C5 DIstrict located north of the Santa Monica Freeway and
east of 19th Place Alley. CounCIl asked questlorn; of staff At 7 35 P.M., Mayor Abdo declared
the pubhc hearmg open. Member of the public Wilham Capbn requested that an educatIonal
center for chIldren be allowed in the Ml zone. Member of the pubhc Ken Kutcher and Ken
Ayeroff spoke in support of the proposed ordmance with amendments to allow for day care use,
health care climcs, places of worshIp, warehouses, and health clubs In the Ml/RD zone.
Member of the pubhc ChrIS HardIng requested CouncIl to reinstate the 1. 0 FAR for the enUre
Ml/RD dIstrict without excepUon and elimInate the speCIal study zone Members of the publIc I
E. K Lauderdale, Fred Salenger, and Carl Lambert spoke in opposluon to the proposed
ordInance Member of the pubhc Tom Pyne spoke in opposItion to mandatmg housing 10 the
speCIal study zone and in opposiuon to the special study zone itself Member of the public
Marvin LeVIn spoke in oppoSItion to residentIal uses 10 industrial zones and 10 support of
warehouse as a use of right in the MlIRD zone; however, minI-storage should be a condItIonal
use. Member of the public Esther Garcia, Linda Bozung, and Sol Gindoff spoke 10 oppositIon
to the InclUSIOn of residential uses 10 mdustrial zones Member of the public DaVId HIbbert
spoke in support of the proposed ordinance. Member of the public Joyce Padleschat spoke 10
opposluon to the 25 FAR and reSldentlal uses in the study area Mayor Abdo closed the pubhc
heanng at 8 30 P M CouncIl asked questions of staff. Councilmember Genser moved to
introduce the proposed ordInance for first reading Second by Mayor Abdo Council asked
questIons of staff Councilmember Genser moved to amend the map to allow the entire Outlook
section to be included III the M lIRD distrIct The mo11on was accepted as fnendly
Councilmember Genser moved to amend the motlOn to replace language 10 SECTION 2(d)(1)
and (2) to read:
(1)
Maxunum Building HeIght Maxunum buIldmg height shall be two stones, 30',
except that for projects located on parcels designated "special study zones" on the
attached map, a maximum heIght of four stories, 45' l may be permitted with the
approval of a CondI11onal Use Permit for projects containing at least 75%
reSIdential.
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(2)
Maximum Floor Area Ratio. 1 0, except that for projects located on propertIes
designated "special study zones" on the attached map, a maxnnum floor area ratio
of 0.65, except that a maxnnum floor area of 1 5 may be permItted m the areas
designated as "special study zones" WIth the approval of a ConditIOnal Use Permit
for projects containing at least 75 % residential.
The motion was accepted as fnendly CouncIlmember Genser moved to amend the motion to
change the language in SECTION 2(1)(b) to read
"AutomobIle repair and automobile pamtmg faCilities except those Within 100' of
any residentIal district and use,"
and change the language in SECTION 2(4)(b) to read
"Automobile repair and automobile paintmg faclhues, and expansion of eXisting
facilities WithIn 100' of any reSIdential dlstnct "
The motion was accepted as fnendly Councilmember Genser moved to amend the moUon to
move the following permitted primary uses winch shall be permitted If conducted wlthm an
enclosed buildmg (except where otherwise permitted) and may mclude office space so long as
the office space IS related to the prnnary use located on the same site (SECTION 2 2(b)) to the
sectIOn of the ordmance with the proviSion that any office space included IS accessory to the
primary permitted use on the same Site and does not exceed 50% of the gross floor area of the
primary use SECTION 2(a)(1) (b) entertainment related faclhtles; (c) inCidental productIOn
facilities; (e) photography studios, (f) production facilIties, (g) publIshing facllmes, (h) software,
(J) vetermary clinics and laboratories, and (k) broadcasting/communicatIonsltele-commumcatlons
faciliues. DIscussIOn was held The mollon was not accepted as fnendly Second by
Couneilmember Olsen The motion failed by the foIlowmg vote
Council vote Affmnauve CouncIlmembers Genser, Olsen
NegatIve: Councllmembers Greenberg, Holbrook, Rosenstein, Vazquez,
Mayor Abdo
CouncIlmember Rosenstem moved to amend the mollon to remove the pOSSIbility of housmg
(excepting homeless shelters and domestic violence shelters) in the special study zone and FAR
Will be the same as the rest of the zone Second by Couneilmember Greenberg DiscussIOn was
held The amendment faIled by the followmg vote'
Council vote. Affmnative. Councilmembers Greenberg, Holbrook, Rosenstem
Negative:
Councilmembers Genser, Olsen, Vazquez, Mayor Abdo
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Mayor Pro Tempore Vazquez requested that the record reflect that he voted "no" on this Item
because It is not Ius mtent to place a cloud over busmesses, rather It IS to study the issue.
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Mayor Pro Tempore Vazquez moved to amend the motIon that m the event of a natural disaster,
the current busmesses would be allowed to rebuild to the FAR under wluch they were buIlt
The motIon was accepted as frIendly. Councilmember Holbrook moved to amend the motIon
that the FAR wlthm the special study area be 1 0 and conform, during the study period, WIth
the FAR of the surrounding areas. Second by CouncIlmember Rosenstem. DiSCUSSIOn was held
The amendment faded by the following vote
CouncIl vote: AffirmatIve: CouncIlmembers Greenberg, Holbrook, Rosenstein
Negative:
CouncIlmembers Genser, Olsen, Vazquez, Mayor Abdo
CouncIlmember Genser moved to amend the motIon that lots up to 15,000 square feet have an
FAR of 1.0; lots from 15,001 to 30,000 square feet to have an FAR of 7, lots from 30,001 to
45,000 square feet to have an FAR of 6, lots over 45,000 square feet to have an FAR of 5
Second by CouncIlmember Olsen DIscussion was held The amendment faIled by the followmg
vote-
CounCIl vote. AffirmatIve: Councilmembers Geuser, Olsen
NegatIve.
CouncIlmembers Greenberg, Holbrook, Rosenstem, Vazquez,
Mayor Abdo
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Councilmember RosensteIn moved to amend the motIon that the pOSSIbIlIty of required hOUSIng
be elimInated m the speCIal study zone and that the possibIlIty of housmg be an optIon for that
area Second by CouncIlmember Holbrook DISCUSSIOn was held CouncIlmember Rosenstem
WIthdrew hIS amendment. Councilmember Genser moved to amend the motIon to move servIce
stations wluch are not within 100' of a residentIal zone to permitted uses and leave servIce
stations WhICh are within 100' of a reSIdential zone to uses permitted by CUP The motIon was
accepted as fnendly DIscussion was held CouncIlmember Genser asked that his amendment
be conSIdered later III the meeting. Councllmember Genser moved to move warehouses from
the CUP sectIon to the permItted section. The motIOn was accepted as friendly. Mayor Abdo
moved to amend the motIon to move chIld care centers mto the CUP lIst. The motIOn was
accepted as fnendly DIscussion was held Mayor Abdo moved to amend the motion to modify
language III SECTION 2(2) to read "The followmg primary uses shall be permitted if
conducted withIn an enclosed building (except where otherwise penmtted) and may Include office
space so long as the office space IS directly related, ancIllary to, and supportIve of the primary
use located on the same sIte" The motion was not accepted as friendly DIScussion was held
Councilmember Genser moved to delete SECTION 2(4)(b) - Health clubs and gymnasiums.
DISCUSSIon was held. Second by Councilmember Olsen The amendment faIled by the followmg
vote
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CouncIl vote, Affirmallve: Councilmembers Genser, Olsen
NegatIve
Councilmembers Greenberg, Holbrook, Rosenstem, Vazquez,
Mayor Abdo
Discussion was held Councilmember Genser moved to amend the motIon to move service
statIons which meet the requIrements of Section 9.04.12 130 (the PSP section of standards for
service statIOns) and which are not wlthm 100' of a reSidential zone to permitted uses and leave
service stations which are withm 100' of a reSidential zone to uses permitted by CUP. The
motIon was accepted as fnendly Discussion was held
At 9 55 P.M , Council adjourned for a short recess CouncIl reconvened at 10:20 P.M With
all members present
8-B (RESUMED) Discussion was held Councllmember Genser moved to amend the motion
to allow fast-food and take-out restaurants up to 500 square feet as a permItted use and
restaurants over 500 square feet as conditionally penmrted. Second by Councllmember
Rosenstein. DISCUSSion was held. Councllmember Genser moved to amend the motIon to
mclude the preamble language as above for SECTION 2(2) and move subsectiOns (b), (c), (e),
(f), (g), (I), (D, and (k) to SECTION 2(1). Discussion was held The motIon was accepted as
fnendly The mam motion, as amended, was approved by the followmg vote:
CouncIl vote: Mfirmative' Councilmembers Genser, Olsen, Vazquez, Mayor Abdo
Negative'
Councilmembers Greenberg, Holbrook, Rosenstem
Councllmember Holbrook requested that the record reflect that he voted "no" on this Item
because he belteves that there IS a fundamental problem With combining housmg and
manufacturing uses.
CouncIlmember Rosenstein requested that the record reflect that he voted "no" on tlus Item
primanly because he is concerned that the impact of the study area on this industrial area could
lead to urban blIght and decay
By virtue of the above actIon, an ordmance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABUSHING INTERIM
DEVELOPMENT STANDARDS FOR PORTIONS OF THE CITY LOCATED IN THE M1
AND C5 DISTRICTS, NORTH OF THE SANTA MONICA FREEWAY AND EAST OF 19TH
STREET PLACE ALLEY, " was introduced for first reading, as amended, by title only, waiving
further reading thereof.
Mayor Abdo moved to continue the remainder of the 8 items, 9 items, and 10 items Second
by Councllmember Holbrook The motion was unanimously approved
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8-C AUTOMOBILE WASHING FACILITIES. The emergency ordinance for introduction and
adoption estabhslnng standards for automobile washmg facIlItIes in certam zones on an mterim I
basIs was contInued to the meetmg of July 27, 1993.
8-D' REQUIREMENTS FOR Rl SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT
The ordmance for mtroductIOn and first reading amendmg Santa MOllica MuniCIpal Code Section
90408.02 regardmg requirements for the Rl single-famIly residential zonmg dIStrICt was
continued to the meetmg of July 27, 1993
8-E: ON-SITE REFUSE AND RECYCLING FACIUTIES: The ordinance for mtroduction
and fITst readIng repealing Santa Monica MUlliclpal Code SectIOn 3.36.160 and amending
Sections 5 08 170 and 9.04 10 02 150 estabhshmg requIrements for plan check reVIew for
on-SIte refuse and recychng facilities was withdrawn at the request of staff.
9-A' REGULATION OF REFUSE, RECYCLING, OR DEMOLITION HANDLING
SERVICES/COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL SECTORS. The
recommendation to dIrect the CIty Attorney to prepare an ordInance requirmg those who provide
private refuse, recycling, or demolItion handlIng services to commercIal, institutIOnal, and
industrIal sectors to be regulated through an annual permit process was continued to the meeting
of July 27, 1993.
9-B' ZONE CHANGE/REDISTRICTING A PORTION OF A PARCEL FROM M1 TO
C5/1920 COLORADO A VENUE The recommendation of Planmng CommiSSIOn to approve I
Zone Change (ZC 92-001) to allow redlstnCtIng of a portIon of a parcel from the Ml (Industrial
ConservatIon) DIstrIct to the C5 (Special OffIce) DIstrict at 1920 Colorado Avenue was
WIthdrawn at the request of the applicant
9-C' CLOSED SESSION' Held at the beginning of meeting. No actIon taken
to-A: DAMAGED SIDEW ALKS/DRIVEW A YS/CURBS/REMOV AL OF DAMAGED
PAVEMENT/PARKWAY AREAS The publIc hearmg on the confIrmatIOn of assessment of
costs to repaIr damaged SIdewalks, dnveways, curbs and remove damaged pavement In the
parkway areas on various streets (SR-93-188) was contInued to the meetmg of July 27, 1993
lO-B: ASSESSMENT DISTRICT/RECONSTRUCTION/4TH COURT AND 9TH COURT:
The public heanng to establish an assessment dIStrICt for the reconstructIOn of 4th Court between
Colorado Avenue and Broadway, and 9th Court from OlympIC Boulevard to 476 feet north was
continued to the meeting of July 27, 1993
13-A. DON CASEY/PUBLIC RESTROOMS IN PARKS The request of Don Casey to address
CounCIl regarding pubhc restrooms III parks was receIved and filed.
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14-A ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS Mayor Abdo
announced that the floor would consider nommatIons to fIll vacanCIes of members to the various
Boards and ComnnssIons The two vacanCIes on the Arts Commission were contmued to a later
date.
Mayor Abdo opened the floor to nominations for the BaysIde DIstrIct Corporation
Councilmember Rosenstem nomInated Robert Resmck. There bemg no further nommatIons,
nonnnatIons were closed. Mayor Abdo moved to reappomt Robert Resnick by acclamation to
the BaysIde DIstrIct Corporation for a term endmg June 30, 1996. The motIon was duly
seconded and unanimously approved.
Councilmember Rosenstein nommated Mark Mawrence There beIng no further nOmInatIons,
nommations were closed Mayor Abdo moved to reappomt Mark Mawrence by acclamatIon to
the Bayside DIstrict CorporatIon for a term endmg June 30, 1996 The motIOn was duly
seconded and unanimously approved
Councilmember Rosenstein nommated Herb Katz CouncIlmember Genser nomInated Nancy
Desser. CouncIlmember Olsen nominated Cesar ScolarI There being no further nomInatIOns,
nommations were closed On a call for the vote, Herb Katz was reappointed to the BaysIde
District Corporation for a term endmg June 30, 1996
CouncIlmember Rosenstem nonnnated Cesar ScolarI CouncIlmember Genser nom mated Denms
Zane. There being no further nommatIons, nomInatIons were closed On a call for the vote,
Cesar Scolari was appointed for a term endmg June 30, 1996
Discussion was held. Councilmember Rosenstem nomInated Dennis Zane to serve m an mtenm
capaCIty for a vacant pOSItion There beIng no further nommatIons, nominations were closed
Discussion was held. Mayor Abdo moved to appomt Denms Zane by acclamation to the BaysIde
District CorporatIOn to act for a vacancy with a term ending June 30, 1995 The motion was
duly seconded and unannnously approved
Mayor Abdo opened the floor to nonnnatIons for the Bwldmg and Safety COImmsslOn Mayor
Abdo nommated Carol Nolan In the place of Robert Timmerman DiSCUSSIon was held. The
Item was contInued to the meetIng of August 10, 1993
CouncIlmember RosensteIn moved to contInue the appoIntments to the Accessibility Appeals
Board to the meeting of August 10, 1993. Second by Mayor Abdo The motIon was approved,
Councilmembers Genser and Olsen opposed.
Appointments to the Electrical Board of Appeals and Plumbing & MechanIcal Board of Appeals
were continued to the meetIng of August 10, 1993.
Mayor Abdo opened the floor to nominatIons for the CommISSIon on Older Amencans. Mayor
Abdo nominated Alexander Kolker. There bemg no further nominations, nomInations were
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15-4 ~
closed Mayor Abdo moved to appoInt Alexander Kolker by acclamation to the Commission on
Older Amencans for a term endIng June 30, 1997 The monon was duly seconded and
unannnously approved.
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Mayor Abdo nomInated Donna Alvarez. Councilmember Genser nommated Nancy Katel.
There beIng no further nommatIOns, nOmInatIOns were closed. On a call for the vote, Donna
Alvarez was appointed to the CommISSIon on Older Americans for a term endIng June 30, 1997.
Mayor Abdo opened the floor to nominations for the CommIssIon on the Status of Women
Mayor Pro Tempore Vazquez nommated Susan Cloke. Councllmember Genser nominated
Emmalie Hodgm. There beIng no further nominations, nommations were closed On a call for
the vote, Susan Cloke was appomted to the CommIssIon on the Status of Women for a term
ending June 30, 1997
Mayor Abdo opened the floor to nominatlOns to the Housmg CommIssion. Councllmember
Rosenstem nominated Beth Leder-Pack Discussion was held. There bemg no further
nommations, nominauons were closed Mayor Abdo moved to appomt Beth Leder-Pack by
acclamanon to the Housing Commission for a term endmg June 30, 1997 The monon was duly
seconded and unanimously approved Two addItlOnal appointments will be consIdered at the
meetIng of July 27, 1993.
Mayor Abdo opened the floor to nommations to the Planning CommissIOn. Councllmember
Rosenstein nomInated Effie Wehrmack Mayor Abdo moved to contmue thIS appomtment I
Second by Councilmember Genser. The motIOn was approved by the following vote
Connell vote. Affinnanve: Councilmembers Genser, Olsen, Vazquez, Mayor Abdo
Negallve
Councilmembers Greenberg, Holbrook, Rosenstein
By vrrtue of the above action, the appomtment to the Planmng Commission was contmued to the
meeting of July 27, 1993.
14-B DOGS IN PARKS: Councilmember Rosenstem presented lus request to direct the City
Attorney to prepare an ordmance allowmg dogs in the parks under certaIn condmons. A staff
report summanzmg the proposal was presented Council asked questlOns of staff
Councllmember Rosenstem moved to extend the meetmg to 11 20 P M Second by
Councllmember Holbrook. The motion was unammously approved Member of the public Joy
Fullmer expressed her concerns. Members of the public Lowell West and Jennafer Waggoner
spoke In support of the proposal, but expressed concern that the parks are not bemg left open
for homeless people. Members of the pubhc Karen Brooks and Justm MacCarthy spoke ill
support of the proposal CouncIlmember Rosenstein moved to dIrect the CIty Attorney to
prepare an ordinance allowing dogs in the parks under certain condItIons, that the ordinance be
based upon the report of the subcomrmttee of the Recreation and Parks CommisslOn, that a
pubhc hearing be held to dISCUSS this matter on October 5, 1993, and that part of the mouon IS
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that It IS the wIll of the Councd that every effort WIll be made not to change that date WIthin a
few weeks of the hearmg Second by Mayor Abdo. Councilmember Greenberg moved to
amend the motIon to dIrect staff to study the length of leashes to be used and study concerns of
waste disposal. The motIOn was accepted as fnendly Mayor Pro Tempore Vazquez moved to
amend the motion that the unleashed study be conducted at Jocelyn Park only and not Manne
Park DISCUSSIOn was held The motIon was not accepted as fnendly and died for lack of a
second Discussion was held Mayor Pro Tempore Vazquez moved to extend the meetmg to
11:40 PM The motIon was duly seconded and unammously approved DiSCUSSIOn continued
The motion, as amended, was approved by the following vote:
CouncIl vote- Unanimously approved 7-0
14-C LETTERS OF RESIGNATION/GENE BURLESON/ARTS COMMISSION/WILLIAM
JANNS/BA YSIDE DISTRICT CORPORATION' Mayor Abelo moved to accept WIth regret the
letters of resignatIOn from Gene E Burleson of the Arts CommIssIon and WIllIam C. Janns, Jr
of the Bayslde District CorporatIOn and authonze the City Clerk to publish a NotIce of
Vacancies The motIon was duly seconded and unammously approved
14-D: REPEAL PROHIBITIONS AGAINST SLEEPING IN CITY PARKS: The request of
Mayor Pro Tempore Vazquez to dISCUSS directmg the CIty Attorney to prepare ordmances to
repeal prohibitions agaInSt sleepmg m CIty parks, and directing the CIty Manager, Community
and Cultural ServIces Deparnnent and any appropriate City comnusslOns to solIcit public
comment on the proposal was WIthdrawn at the request of Mayor Pro Tempore Vazquez
15' PUBUC INPUT- Member of the pubhc Joy Fullmer discussed the Issue of homeless
people m the parks and the econonuc problems bemg faced during this recessIon Member of
the publIc Frank Cannava discussed the park closure ordmance Member of the publIc DaVId
Wachtel dIscussed that dogs are gomg to be allowed in the parks and homeless people are not.
ADJOURNMENT' At 11 35 PM, the meetmg was adjourned to July 27, 1993, at 6-30 P.M.
_:T~TES :
,'<d. /L~ ~
i.C ta--~ 'P - /<-/7/(
Clance E Dykhouse
City Clerk
APPROVED:
o~ at.
/u~y ~bdo
Mayor
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July 20, 1993