M-9/29/1992
I
I
I
380
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 29, 1992
An adjourned meeting of the Santa Monica city Council was called
to order by Mayor Genser at 7:35 P.M. on Tuesday, september 29,
1992, in the Council Chambers.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tempore Judy Abdo
Councilmember Herbert Katz
councilmember Kelly Olsen
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Absent: Councilmember Robert T. Holbrook
Also Present: Assistant city Manager Lynne Barrette
Acting city Attorney Joe Lawrence
city Clerk Clarice E. Dykhouse
councilmember Olsen led the assemblage in the Pledge of
Allegiance to the Flag of the united states of America.
councilmember Zane moved to add Item No. 14-A to the agenda.
Second by Councilmember Vazquez. The motion was unanimously
approved, Councilmember Holbrook absent.
4-A: MUNICIPAL TREASURERS' ASSOCIATION CERTIFICATE OF EXCELLENCE
AWARD: Mayor Genser presented the Municipal Treasurers ·
Association certificate of Excellence Award which was presented
to the City of Santa Monica by the Municipal Treasurers'
Association at their annual meeting in August 1992.
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
Katz moved to approve the Consent Calendar, with the exception of
Item No.6-A, reading resolutions and ordinances by title only
and waiving further reading thereof. Second by Mayor Pro Tempore
Abdo. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen,
Katz, Abdo, Mayor Genser
Absent: Councilmember Holbrook
6-B: CHILD CARE: Ordinance No. 1646(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE SANTA MONICA COMPREHENSIVE LAND USE AND ZONING
ORDINANCE RELATING TO CHILD CARE,II was adopted.
1 September 29, 1992
381
6-C: LEASE AGREEMENTS/BOND FINANCING: Ordinance No. 1641(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA, CALIFORNIA, APPROVING CERTAIN LEASE AGREEMENTS," was I
adopted.
6-D: RENUMBERING AND AMENDING SANTA MONICA MUNICIPAL CODE:
Ordinance No. 1648 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA RENUMBERING AND AMENDING ALL
SECTIONS OF THE SANTA MONICA MUNICIPAL CODE AND ADOPTING THE
SANTA MONICA MUNICIPAL CODE BY REFERENCE," was adopted.
6-E: FINAL SUBDIVISION MAP/TRACT NO. 22994/TPC-163/2708 ARIZONA
AVENUE: Resolution No. 8481(CCS) entitled: tlA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR PARCEL NO. 22994 FOR A PROJECT AT
2708 ARIZONA AVENUE," was adopted, thereby approving a 4-unit
tenant-participating conversion at 2708 Arizona Avenue.
6-F: FINAL SUBDIVISION MAP/TRACT NO. 49949/CONDOMINIUMS/1043-
1045 11TH STREET: Resolution No. 8482 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
49949 FOR A PROJECT AT 1043-1045 11TH STREET, n was adopted,
thereby approving a 5-unit condominium project at 1043-1045 lIth
street.
6-G: REGIONAL COMPREHENSIVE PLAN: contract No. 5882(CCS)
between Wests ide Summit cities and the Southern California I
Association of Governments concerning preparation of the Regional
comprehensive Plan (RCP) was approved.
6-H: IMPROVEMENTS/VIRGINIA AVENUE PARK: Contract No. 5883(CCS)
was awarded to Thomsen Landscape in the amount of $98,241 for
improvements at Virginia Avenue Park.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Presented were the City council minutes
of September 8, 1992. Discussion was held. Councilmember Zane
moved to approve the City Council minutes of September 8, 1992.
Second by Mayor Pro Tempore Abdo. The motion was unanimously
approved, councilmember Holbrook absent.
7-A: APPEAL/CUP/REDUCED PARKING PERMIT/250 SANTA MONICA PIER:
The appeal of Planning Commission Conditional Use Permit and
Reduced Parking Permit to allow the operation of a 7,068 square
foot, 376-seat Cabaret and Restaurant with a Type-47 alcohol
license at 250 Santa Monica pier (Ash Grove) was continued to the
meeting of October l3, 1992.
7-B: APPEAL/CUP/REDUCED PARKING PERMIT/370 SANTA MONICA PIER:
The appeal of Planning Commission Condi tional Use Permi t and
Reduced Parking Permit to allow the operation of a 19,486 square I
foot, 699-seat restaurant and entertainment facility with a Type
47 alcohol license at 370 Santa Monica Pier (Sinbad) was
continued to the meeting of October 13, 1992.
2 September 29, 1992
I
I
I
382
7-C: APPEAL/CUP/1333 THIRD STREET PROMENADE: Presented was the
appeal of Planning Commission denial of Conditional Use Permit to
allow a Type 41, On-Sale Beer and Wine alcohol license for a
proposed 2,275 square foot, lOO-seat restaurant at 1333 Third
Street Promenade. Applicant/Appellant: Vic Watana. Council
asked questions of staff. Vic Watana, Maree Costello, Emil AIle,
and James Weider, representing the applicant/appellant, spoke in
favor of the appeal. Council asked questions of the
representatives of the appl icant/ appellant. Councilmember Zane
moved to uphold the appeal and approve the CUP, subject to the
findings and conditions in the staff report, with the condition
that non-alcoholic wine and beer also be provided. Second by
Councilmember Katz. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Katz, Olsen,
Vazquez, Zane, Mayor Genser
Absent: Councilmember Holbrook
8-A: LANDMARKS/HISTORIC DISTRICTS: Presented were ordinances
for introduction and first reading relating to designated
landmarks and historic districts. Council asked questions of
staff. At 8: 03 P. M., Mayor Genser declared the public hearing
open. Member of the public Joy Fullmer expressed her concerns.
Members of the public Francia Hernandez, David Cameron, and Geri
Litvak spoke in support of the proposed ordinances. Member of
the public David Paley spoke in support of the proposed
ordinances and suggested that more highly visible notification of
the public regarding demolition permits be implemented. Mayor
Genser closed the public hearing at 8: 20 P. M. Council asked
questions of staff. Mayor Genser moved to approve the staff
recommendations and approve the ordinances for first reading with
the addition of language at the top of Page 6 of the Ordinance to
approve a reduced parking permit for a designated landmark or
contributing structure in a historic district to read: "SECTION
3. Any provision of the Santa Monica Municipal Code, or
appendages thereto, inconsistent with the provisions of the...,"
request staff to return to Council with a plan for public
notification, which would include both more visible posting on
the site than currently exists and a method for posting the
information in City Hall and perhaps other appropriate places.
Second by Councilmember Katz. Council asked questions of staff.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen,
Katz, Abdo, Mayor Genser
Absent: Councilmember Holbrook
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
AMEND SECTION 9.32.170, FORMERLY SECTION 9515 OF THE SANTA MONICA
MUNICIPAL CODE TO EXEMPT DESIGNATED CITY LANDMARKS AND STRUCTURES
LOCATED WITHIN DESIGNATED HISTORIC DISTRICTS FROM ARCHITECTURAL
3 September 29, 1992
383
REVIEW," was introduced for first reading by title only and
waiving further reading thereof;
An ordinance entitled: JlAN ORDINANCE OF THE CITY COUNCIL OF THE I
CITY OF SANTA MONICA TO AMEND CHAPTER 9 OF THE SANTA MONICA
MUNICIPAL CODE TO EXEMPT DESIGNATED CITY LANDMARKS AND STRUCTURES
LOCATED WITHIN DESIGNATED HISTORIC DISTRICTS FROM SIGNAGE
APPROVAL BY THE ARCHITECTURAL REVIEW BOARD," was introduced for
first reading by title only and waiving further reading thereof;
An ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTIONS
9.04.20.26.010 AND 9.04.02.26.030, FORMERLY SECTIONS 9133.l AND
9133.3, TO PERMIT THE ZONING ADMINISTRATOR TO APPROVE A REDUCED
PARKING PERMIT FOR A DESIGNATED LANDMARK OR CONTRIBUTING
STRUCTURE IN A HISTORIC DISTRICT, n was introduced for first
reading by title only, as amended, and waiving further reading
thereof: and
An ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTION
9.04.10.16.010, FORMERLY SECTION 9048.1, OF SUBSECTION 5(1),
RELATING TO THE REVIEW OF DEMOLITION PERMITS BY THE LANDMARKS
COMMISSION, n was introduced for first reading by title only and
waiving further reading thereof.
Mayor Pro Tempore Abdo moved to direct staff to return with a
clean-up ordinance, or a set of modifications to the zoning I
ordinance, which would address the issue of multiple additions to
buildings when the additions are under 100' and have been
interpreted as not triggering parking or other requirements of
building additions. Council asked questions of staff. The
motion was unanimously approved, Counci1member Holbrook absent.
8-B: MORATORIUM/MULTI-FAMILY RESIDENTIAL DEVELOPMENT: Presented
was an emergency ordinance for introduction and adoption
establishing a forty-five day moratorium on multifamily
residential development with certain exemptions in order to
comply with Proposition R. Council asked questions of staff. At
8:38 P.M., Mayor Genser declared the public hearing open. Member
of the public Joy Fullmer expressed her concerns. Member of the
public Chris Harding spoke in opposition to the proposed
ordinance. Mayor Genser closed the public hearing at 8:42 P.M.
Councilmember Zane moved to introduce and adopt Ordinance No.
1649 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A FORTY-FIVE DAY MORATORIUM ON
MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH CERTAIN EXEMPTIONS IN
ORDER TO COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE OF
AN EMERGENCY," reading by title only and waiving further reading
thereof. Second by Councilmember Olsen. The motion was approved
by the following vote:
I
4 september 29, 1992
I
I
I
384
Council vote: Affirmative: Councilmemhers Abdo, Olsen, Vazquez,
Zane, Mayor Genser
Negative: Councilmemher Katz
Absent: councilmember Holbrook
8-C: SEISMIC RETROFITTING ORDINANCE: Presented was an ordinance
for adoption and second reading adopting the mandatory seismic
retrofitting ordinance and amendments. Councilmember Katz moved
to adopt Ordinance No. l650(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A MANDATORY
SEISMIC RETROFITTING ORDINANCE AND THE SANTA MONICA AMENDMENTS
THERETO, II reading by title only and waiving further reading
thereof. Second by Councilmember Zane. The motion was approved
by the following vote:
council vote: Affirmative: Councilmernbers Zane, Vazquez, Olsen,
Katz, Abdo, Mayor Genser
Absent: councilmember Holbrook
9-A: EIR/SUNSET PARK NEIGHBORHOOD TRAFFIC PLAN: presented was
the staff report recommending authorization to the city Manager
to negotiate and execute an agreement in the amount of $150,000
with Keith Companies to prepare an EIR for a Sunset Park
neighborhood traffic plan and appropriate necessary funds.
Council asked questions of staff.
At 9:25 P.M., Council adjourned for a short recess. Council
reconvened at 9:44 P.M., with all members present, Councilmember
Holbrook absent.
9-A: RESUMED: Members of the public David Wood, John
Richinskas, Ed Rowin, Zina Josephs, Aaron McKiernan, Jennifer
Grossblatt, Emmalie Hodgin, Charles Hodgin, Veronica Pinckard,
Guido Lamell, Ping Ho, and Jennifer Polhemus spoke in support of
proceeding with the EIR. Members of the public John Kaufman, Ed
Fidelman, Sam Zivi, Karen Eustis, and Linda Preuss spoke in
opposition to proceeding with the EIR. Member of the public
Daniel McKinny spoke in support of proceeding with the EIR and
asked that the EIR include consideration of citizen comments
obtained during the scoping sessions and a letter written by him
to Mr. Paul Casey, which was submitted on June l8, 1992,
regarding barriers. Member of the public Michael Hecht urged
that items discussed in the scoping meeting be included in the
EIR. Member of the public Eileen Hecht urged that items
discussed in the scoping meeting be included in the EIR and spoke
in favor of the preparation of an EIR on an inclusive plan with
alternatives where the neighborhood can actually participate.
Member of the public Richard Gordon urged more public input
before the preparation of an EIR. Members of the public Brian
Ouzounian questioned the accuracy of plans as presented by staff
and presented plans as prepared by the task force. Member of the
public Linda Ross Weber urged more public input before
5 September 29, 1992
385
preparation of an EIR and questioned the accuracy of the plans.
Member of the public Richard Bloom urged the implementation of a
neighborhood protection plan. Members of the public Fred I
Grossb1att and Robbie Black spoke in support of proceeding with
the EIR and urged the implementation of a neighborhood protection
plan. Member of the public Bob Blinick spoke in support of
recommendations l-3 of the staff report and in strong opposition
to recommendation 5. Member of the public Ruth pyle spoke in
support of proceeding with the EIR, with the condition that it be
completed before 1993 or 1994, and urged implementation of a
neighborhood protection plan. Member of the public Judy Parkes
spoke in support of proceeding with the EIR and in opposition to
recommendation 5 of the staff report. Member of the public Greg
Arvesen spoke in support of the staff recommendation. Member of
the pUblic Marlene Morris spoke in support of immediate action to
eliminate dangers.
Mayor Genser moved to extend the meeting to
Second by Councilmember Katz. The motion
approved, Councilmember Holbrook absent.
Member of the public Patricia Hoffman urged that safe access to
the schools by children be a high priority in any traffic
mitigation plan that is adopted and requested that various school
officials be notified of any hearings. Member of the public A.
Marco Turk urged that the EIR cover all streets in the Sunset
Park area and urged that council direct the formation of a
neighborhood traffic committee consisting solely of neighborhood I
residents. Members of the public Sharon Baldoni, Dean Franks,
and Woody uttayaya spoke in support of proceeding with the EIR.
Members of the public Barbara Brown and Jane Dempsey spoke in
support of proceeding with the EIR but in opposition to the
formation of a committee (per staff recommendation 5). Member of
the public Regula Ziegler urged the implementation of a
neighborhood protection plan and spoke in support of proceeding
with the EIR but in opposition to the formation of a committee
(per staff recommendation 5). Member of the public Larry Arreola
spoke in opposition to proceeding with the EIR. Member of the
public David Klass spoke in support of the pursuit of
non-controversial, mitigation procedures.
12: 00 Midnight.
was unanimously
Councilmember Katz moved to hear a late speaker. The motion was
duly seconded and unanimously approved, Councilmernber Holbrook
absent.
Member of the public Eric Anderson spoke in support of proceeding
with the ErR and requested the installation of speed bumps on
loth Street.
Discussion was held. Councilmember Zane moved to approve an
increased appropriation of $175,000 from General Fund reserves to
conduct an EIR for a Sunset Park neighborhood traffic plan, to
ensure that the southerly portion of Sunset Park be more I
comprehensively studied, direct staff to implement those traffic
control measures which will not create a significant impact,
including new signage and minor roadway modifications, and direct
6 September 29, 1992
I
I
I
386
staff to proceed with the neighborhood public information
workshops and conduct a neighborhood survey. Second by
Councilmember Vazquez. Discussion was held. Mayor Genser moved
to amend the motion to allow the two major groups (Friends of
Sunset Park and SPAN) to have an additional two weeks to make any
suggestions they would like. Second by Councilmember Katz.
Discussion was held. The amendment was unanimously approved,
Councilmember Holbrook absent. Mayor Genser moved to amend the
motion to place on the notification list for the entire process,
especially for the circulation of the draft EIR, the following
representatives of the Santa Monica-Malibu School District:
Superintendent Schmidt, Business Manager Dr. Cohen, principals of
any schools which are affected and PTAs of any schools which are
affected. The amendment was accepted as friendly on the
condition that it be expanded to assure that the EIR focuses
attention upon the implications of any plan for any of the
schools in the neighborhood, including the college. Discussion
was held. Councilmember Zane clarified that his motion includes
for investigation the Parallel Plan dated May 12th, not July
28th. Councilmember Katz moved to extend the meeting to 1: 00
A.M. Second by Mayor Genser. The motion was approved,
Councilmember Zane and Mayor Pro Tempore Abdo opposed,
Councilmember Holbrook absent. Discussion continued. The motion
was approved by the following vote:
Council vote:
Affirmative:
councilmembers Abdo, Olsen, Vazquez,
Zane, Mayor Genser
Negative:
Councilmember Katz
Absent:
Councilmember Holbrook
Councilmember Katz requested that the record reflect that he
voted "no" on this item because he is opposed to spending
$175,000 on a set of three plans, none of which will probably be
chosen. Councilmember Katz stated his preference that the
initial items which do not require an EIR be completed, workshops
be conducted and public input solicited, consensus be obtained
and an EIR be prepared.
By virtue of the above action, Contract No. 5884 (CCS) was
approved.
9-B: CLOSED SESSION: Held at end of meeting.
12-A: MEMORANDUM OF UNDERSTANDING/MUNICIPAL
ASSOCIATION: To be heard after Closed Session.
EMPLOYEES
14-A: CLOSURE OF ARIZONA AVENUE AT PROMENADE/VOTER REGISTRATION
EVENT: Presented was Councilmember Zane' s request to discuss
approval of the closure and use of Arizona Avenue at the
Promenade for a voter registration event on Saturday, October 3,
1992. Councilmember Zane moved to direct staff to permit the
closure of Arizona Avenue for the purposes of permitting this
rally, if all conditions required by the event team are met.
7 September 29, 1992
387
Second by Mayor Pro Tempore Abdo. The motion was unanimously
approved, Councilmember Holbrook absent.
15: PUBLIC INPUT: Member of the public Frank Cannava addressed I
Council regarding a problem he recently experienced with the
police.
9-A: CLOSED SESSION: At 12:25 A.M., council adjourned to Closed
Session for the purpose of considering the cases of McGregor v.
City of Santa Monica, et al., Santa Monica Superior Court Case
No. WEe l39 825 and styron v. city of Santa Monica, et al., Santa
Monica Superior Court Case No. SC 008 495.
Councilmember Olsen was excused from the meeting after Closed
Session.
At 12:43 A.M., Council reconvened with all members present except
Councilmembers Holbrook and Olsen.
Councilmember Zane moved to approve settlement in the amount of
$20,000 in the case of McGregor. Second by Councilmember Katz.
The motion was approved by the fOllowing vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Katz,
Abdo, Mayor Genser
Absent: Councilmembers Holbrook, Olsen
12-A: MEMORANDUM OF UNDERSTANDING/MUNICIPAL EMPLOYEES I
ASSOCIATION: Councilmember Zane moved to approve Contract No.
5885 (CCS) and Resolution No. 8483 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
MUNICIPAL EMPLOYEES ASSOCIATION", reading by title only and
waiving further readinq thereof. Second by Councilmember Katz.
The motion was approved by the following vote:
Council vote: Affirmative: councilmembers Abdo, Katz, Vazquez,
Zane, Mayor Genser
Absent: Councilmembers Holbrook, Olsen
ADJOURNMENT: At 12:45 A.M., the meeting was adjourned in memory
of Charles N. carrell.
ATTEST:
b.. ?4~
~~~DYkhouse
city Clerk
APPROVED:
~9t~
Mayor .... I
I
8 September 29, 1992