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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
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SEPTEMBER 22, 1992
A regular meeting of the Santa Monica City Council was called to
order by Mayor Genser at 7 : 47 P. M. on Tuesday, september 22,
1992, in the Council Chambers.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tempore Judy Abdo
councilmember Robert T. Holbrook
councilmember Kelly Olsen
(arrived at 8:02 P.M.)
councilmember Antonio Vazquez
Councilmember Dennis Zane
(arrived at 8:45 P.M.)
Absent: Councilmember Herbert Katz
Also Present: City Manager John Jalili
Acting City Attorney Joe Lawrence
city Clerk Clarice E. Dykhouse
Councilmember Vazquez led the assemblage in the Pledge of
Allegiance to the Flag of the United states of America.
4-A: SANTA MONICA HIGH SCHOOL SYMPHONY AND CHAMBER ORCHESTRAS:
Mayor Genser presented a commendation to the Santa Monica High
School Symphony and Chamber Orchestras.
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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 Mayor Pro Tempore Abdo. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook,
Vazquez, Mayor Genser
Absent: Councilmembers Katz, Olsen, Zane
6-A: MINUTES APPROVAL: The City Council minutes of August 11,
1992, were approved as submitted.
6-B: AMENDMENT TO ZONING ORDINANCE/MAIN STREET MASTER PLAN:
Ordinance No. 1645 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE
BY AMENDING SUBCHAPTER 4N RELATING TO THE MAIN STREET COMMERCIAL I
DISTRICT; ADDING SECTION 9040.42 REGARDING PROPERTY DEVELOPMENT
STANDARDS FOR RESTAURANTS; AMENDING SECTION 9000.3 ADDING A
DEFINITION OF BAR; AMENDING SECTION 9080.2 RELATING TO
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NONCONFORMING BUILDINGS; AMENDING SECTIONS 9150.5 - 9150.8 AND
ADDING SECTION 9150.9 RELATING TO ENFORCEMENT; AMENDING SECTION
9113.3 RELATING TO VARIANCES; AMENDING SECTION 9044.4 RELATING TO
PARKING REQUIREMENTS FOR RESTAURANTS; AND AMENDING THE MUNICIPAL
CODE BY ADDING SECTION 9517 REGARDING POSTING REQUIREMENTS FOR
ARCHITECTURAL REVIEW BOARD APPLICATIONS, II was adopted on second
reading.
6-C: SALE OF YARD REFUSE BODY: Bid No. 2431 was awarded to the
City of Pasadena in the amount of $24,000 for the sale of one (1)
3D-cubic yard refuse body for the Solid Waste Division, General
Services Department.
END OF CONSENT CALENDAR
7-A: APPEAL/TENTATIVE PARCEL MAP 21159/VARIANCE 92-013/3222-
3232 23RD STREET: Presented was the 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. Applicant: Mohammad Siadat and Mohammad Davari.
Appellant: Mohammad Davari. Councilmember Olsen reported
present at 8:02 P.M. Council asked questions of staff. Paul
Cook, representing the applicant, spoke in favor of the appeal.
Members of the public Bill Mellick and Janet Mellick spoke in
opposition to the appeal. Paul Cook presented a rebuttal.
Council asked questions of staff. Mayor Genser moved to uphold
the decision of the Planning Commission and deny the appeal.
Second by councilmember Vazquez. Discussion was held. The
motion failed due to a lack of a majority affirmative vote. (The
appeal was denied because of no action taken.) The vote was as
follows:
Council vote: Affirmative: Councilmembers Vazquez, Olsen,
Mayor Genser
Negative: Councilmembers Holbrook, Abdo
Absent: Councilmembers Zane, Katz
7-B: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/
APPEAL/TPC183/VTTM 50638/2110 4TH STREET: Mayor Genser moved to
approve the action based on the findings as presented in Exhibit
D of the staff report. Second by Mayor Pro Tempore Abdo. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook,
Olsen, Vazquez, Mayor Genser
Absent: councilmembers Katz, Zane
a-A: CHILD CARE: Mayor Genser moved to table this item until
Councilmember Zane arrives. Second by Councilmember Vazquez.
The motion was unanimously approved, Councilmembers Katz and Zane
absent.
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8-B: SEISMIC RETROFITTING: Presented was an ordinance for
introduction and first reading adopting the mandatory seismic
retrofitting ordinance and amendments, a resolution certifying I
the Final EIR and a resolution of intention to amend the city of
Santa Monica Land Use and Zoning Ordinance. Councilmember Zane
reported present at 8:45 P.M. Council asked questions of staff.
Member of the public Brad Gettle urged that like-for-like
replacement be allowed for any natural disaster if the property
is in compliance with the retrofit ordinance. Member of the
public Joy Fullmer expressed her concerns. Member of the public
William Brantley urged the like-for-like replacement that
provisions for handicapped access be included in the ordinance,
and a greater definition of how to accompliSh the hardship
exemption be provided. Member of the public Russell Barnard
spoke in support of an appeal process, urged that like-for-like
replacement be allowed and urged Council to have a comprehensive
earthquake safety study prepared. Member of the public Karl
Schober discussed the significant cost difference between level 1
and level 2 retrofit, urged that like-for-like replacement be
allowed and spoke in support of allowing property owners the
option of demolishing their buildings without approval from the
Landmarks Commission, Architectural Review Board, etc. Mayor
Genser moved to hear a late speaker. Second by Councilmember
Zane. The motion was unanimously approved, councilmember Katz
absent. Member of the public Joe Delia spoke in support of
seismic retrofitting. Mayor Pro Tempore Abdo moved to adopt
Resolution No. 8479 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL I
ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED UNREINFORCED MASONRY
ORDINANCE, n reading by title only and waiving further reading
thereof. Second by Councilmember Zane. The motion was approved
by the fOllowing vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook,
Olsen, Vazquez, Zane, Mayor Genser
Absent: Councilmember Katz
Mayor Pro Tempore Abdo moved to introduce the proposed ordinance
for first reading. Second by Councilmember Holbrook. Mayor Pro
Tempore Abdo moved to amend the motion to add a paragraph on page
11 of the proposed ordinance, just before the final paragraph, to
read as follows: "Any person denied an appeal by the Chief
Financial Officer may appeal the denial to a three person
Financial Hardship Appeal Board established by the City Manager.
Any such appeal shall be made in writing within ten days of the
denial and shall be based on the evidence supplied to the Chief
Financial Officer. The decision of the Financial Hardship Appeal
Board shall be final except for judicial review, but shall not be
appealable to the City Council. The Appeal Board is authorized
to establish procedures for the processing and consideration of
appeals. II Second by Councilmember Holbrook. Discussion was
held. Councilmember Z ane moved to amend the motion to incl ude I
the following language: "The appeals board may approve or deny
any appeal and may relieve an owner from the compliance
requirement of Section 8.04.140, Division 4.00(a) or (b) of this
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chapter, as the appeals board, in its sole discretion, deems
appropriate;" and add a sentence to Page 10, Division 9.00, to
read as follows: "The owner of any building may appeal on the
basis of severe financial hardship in compliance with this Code
and such appeal shall be filed with the city's chief Financial
Officer no later than 120 days after the effective date of this
Code. " The amendment was accepted as friendly. Discussion was
held. The motion was approved by the following vote:
council vote: Affirmative: councilmembers Abdo, Olsen, Vazquez,
Zane, Mayor Genser
Negative: councilmember Holbrook
Absent: councilmember Katz
By virtue of the above action, an ordinance 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," was introduced for first reading, as
amendedJ by title only and waiving further reading thereof.
Mayor Pro Tempore Abdo moved to adopt the resolution of intention
to amend the Zoning Ordinance to allow for the 1: 1
(like-for-like) replacement of a structurally upgraded building
suffering from catastrophic events, provided that the building is
in compliance with the retrofit ordinance. Second by
Councilmember Holbrook. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: councilmembers Abdo, Holbrook, Zane,
Mayor Genser
Negative: Councilmembers Olsen, Vazquez
Absent: councilmember Katz
By virtue of the above action, Resolution No. 8480(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO AMEND THE CITY OF SANTA MONICA
COMPREHENSIVE LAND USE AND ZONING ORDINANCE AND DIRECTING THE
PLANNING COMMISSION TO INITIATE AN AMENDMENT," was adopted, as
amended, reading by title only and waiving further reading
thereof.
Mayor Pro Tempore Abdo moved to direct staff to investigate
earthquake safety issues beyond Unreinforced Masonry buildings,
and suggest other measures which may be taken within the city to
make the city safer. Second by Councilmember Holbrook. The
motion was unanimously approved, Councilmember Katz absent.
At 10:05 P.M., Council adjourned for a short recess.
reconvened at 10:25 P.M., with all members present.
S-A: CHILD CARE: Presented was an ordinance for introduction
and first reading amending the Santa Monica Comprehensive Land
Council
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Use and zoning Ordinance relating to child care. Council asked
questions of staff. At 10:32 P.M., Mayor Genser declared the
public hearing open. Member of the public Joy Fullmer expressed I
her concerns. Members of the public Walt Zambas, Irene Zivi,
Barbara Barry, Abby Leibman (speaking on behal f of hersel f as
well as Ann Ceely, Sigrid still, Donald Nelson, Linda Gordon,
Terry Ogawa, Joyce Chonis, Russell Barnard, Suzanne Abrescia,
Margaret Franco, Paul Rosenstein, and Ellen Khokha), and Patricia
Hoffman spoke in support of the proposed ordinance. Member of
the public Beloved Quail spoke in support of child care
cooperatives. Mayor Pro Tempore Abdo moved to introduce for
first reading an ordinance 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," amended to exclude any limitations as to distance between
centers, reading by title only and waiving further reading
thereof. Second by Councilmember Vazquez. Discussion was held.
Mayor Genser moved to amend the motion to change Paragraph G, on
Page 46, to read as follows: "No more than one large family day
care home shall be permitted within 100 linear feet of the
property line of any existing large family day care home. Second
by Councilmember Holbrook. The motion was accepted as friendly.
Discussion was held. The main motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen,
Holbrook, Abdo, Mayor Ganser
Absent: Councilmember Katz
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Councilmember Zane moved to extend the meeting to 11:45 P.M. The
motion was duly seconded and unanimously approved.
Councilmember Abdo moved to direct the City Attorney to prepare
an amendment to Resolution No. 7607(CCS) and Resolution No.
8082 (CCS) reducing the planning application fees for large family
day care homes to $0.00. Second by Councilmember Vazquez.
Discussion was held. Councilmember Holbrook moved to amend the
motion that the zero fee be applied only to non-profit homes.
The motion died for lack of a second. Discussion was held. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen,
Abdo, Mayor Genser
Negative: Councilmember Holbrook
Absent: councilmember Katz
8-C: LEASE AGREEMENTS/BOND FINANCING: Presented was an
ordinance for introduction and first reading approving certain
lease agreements pertaining to bond financing. Council asked
questions of staff. At 11:16 P.M. I Mayor Genser declared the I
public hearing open. There being no one wishing to speak, Mayor
Genser closed the public hearing at 11:17 P.M. Councilmember
Olsen moved to introduce for first reading an ordinance entitled:
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If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA, APPROVING CERTAIN LEASE AGREEMENTS," reading by title
only and waiving further reading thereof. Second by Mayor
Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen,
Holbrook, Abdo, Mayor Genser
Absent: Councilmember Katz
8-D: RENUMBERING AND AMENDING SANTA MONICA MUNICIPAL CODE:
Presented was an ordinance for introduction and first reading
renu~ering and amending all sections of the Santa Monica
Municipal Code and adopting the Santa Monica Municipal Code by
reference. Council asked questions of staff. At 11: 25 P. M. ,
Mayor Genser declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. Mayor Genser closed
the public hearing at 11: 27 P.M. Councilmember Olsen moved to
introduce for first reading an ordinance entitled: If 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," reading
by title only and waiving further reading thereof. Second by
Councilmember Zane. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook,
Olsen, Vazquez, Zane, Mayor Genser
Absent: Councilmember Katz
8-E: MORATORIUM/MULTI-FAMILY RESIDENTIAL DEVELOPMENT: The
emergency ordinance for introduction and adoption establishing a
forty-five day moratorium on mUlti-family residential development
and declaring the presence of an emergency was continued to the
meeting of September 29, 1992.
9-A: CLOSED SESSION: Held at end of meeting.
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns. Member of the public Art Casillas addressed
Council regarding gang and drug problems in pico Neighborhood.
9-A: CLOSED SESSION: At 11:30 P.M., Council adjourned to Closed
Session for the purpose of considering the case of Lincoln, et
al. v. City of Santa Monica, Santa Monica Superior Court Case No.
WEC 114 870, and the case of Spevack v. City of Santa Monica, et
al., Santa Monica Superior Court Case No. WEC 141 678.
At 11:44 P.M., Council reconvened with all members present except
Councl1member Katz.
Mayor Genser move~ to approve settlement in the case of Lincoln
in the amount of $75,000 and in the case of Spevack in the amount
of $17,500. Second by Councilmember Zane. The motion was
approved by the following vote:
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council vote: Affirmative: councilmembers Zane, Vazquez, Olsen,
Mayor Genser
Absent: Councilmembers Katz, Holbrook, Abdo II
ADJOURNMENT: At 11:45 P.M., the meeting was adjourned in memory
of Femmy DeLyser and Kenneth Parr.
ATTEST:
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' ~f4~
cr rice E. Dykhouse
City Clerk
APPROVED:
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Mayor ie,
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