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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
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JUNE 30, 1992
A regular meeting of the Santa Monica City Council was called to
order by Mayor Genser at 7:40 P.M. on Tuesday, June 30, 1992, in
the Council Chambers.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tempore Judy Abdo
Councilmember Robert T. Holbrook
Councilmember Herbert Katz
(Present at 7:45 P.M.)
Councilmember Kelly Olsen
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
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 Nos. 14-B and 14-C to the I
agenda. Second by Councilmember Olsen. The motion was
unanimously approved.
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
Olsen moved to approve the Consent Calendar, with the exception
of Item Nos. 6-F, 6-H, and 6-I, 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,
Holbrook, Abdo, Mayor Genser
Absent: Councilmember Katz
6-A: MINUTES APPROVAL: The City Council minutes of June 9,
1992, were approved as amended.
6-B: FINAL SUBDIVISION MAP/TRACT NO. 50055/CONDOMINIUMS/I118
21ST STREET: Resolution No. 8424 (CCS) entitled: lIA RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50055 FOR A
PROJECT AT 1118 21ST STREET," was adopted, thereby approving a I
5-unit condominium project at 1118 21st Street.
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6-C: FINAL SUBDIVISION MAP/TRACT NO. 50416/TPC-141/1008-14 6TH
STREET: Resolution No. 8425(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50416," was adopted,
thereby approving a 14 plus tenant-participating conversion at
1008-14 6th street.
6-D: FINAL SUBDIVISION MAP/TRACT NO. 50705/TPC-153/2633
CENTINELA AVENUE: Resolution No. 8426 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
50705 FOR A PROJECT AT 2633 CENTINELA AVENUE, II was adopted,
thereby approving a 12-unit tenant-participating conversion at
2633 centinela Avenue.
6-E: FINAL SUBDIVISION MAP/TRACT NO. 50706/TPC-176/2621
CENTINELA AVENUE: Resolution No. 8427 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
50706 FOR A PROJECT AT 2621 CENTINELA AVENUE, II was adopted,
thereby approving a 28-unit tenant-participating conversion at
2621 Centinela Avenue.
6-G: GENERAL MUNICIPAL ELECTION/NOVEMBER 3, 1992: Resolution
No. 8428(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
1992," was adopted.
END OF CONSENT CALENDAR
6-F: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/CUP
92-006/VARIANCE 92-010/0CCUPANCY PERMIT 92-005/1444 10TH STREET:
Presented for certification was the Statement of Official Action
for Appeal of Conditional Use Permit for the site located at 1444
loth Street. Councilmember Zane moved to approve the Statement
of Official Action which contains findings and conditions of
approval for Conditional Use Permit 92-006. Second by Mayor Pro
Tempore Abdo. The motion was approved by the following vote:
Council vote: Affirmative: councilmembers Zane, Vazquez, Olsen,
Holbrook, Abdo, Mayor Genser
Absent: councilmember Katz
Councilmember Katz reported present at 7:45 P.M.
6-H: CONSOLIDATED SPECIAL MUNICIPAL ELECTION: Presented was the
staff recommendation to adopt the resolution reciting the fact of
the consolidated special municipal election held on June 2, 1992
and declaring the result. council asked questions of staff.
Member of the public Joy Fullmer expressed her concerns.
Councilmember Zane moved to adopt Resolution No. 8429(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA RECITING THE FACT OF THE CONSOLIDATED SPECIAL MUNICIPAL
ELECTION HELD ON JUNE 2, 1992, DECLARING THE RESULT AND SUCH
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OTHER MATTERS AS PROVIDED BY LAW," reading 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-I: RULES OF ORDER AND PROCEDURE/CONDUCT OF CITY COUNCIL
MEETING: Presented was the staff recommendation to direct the
City Attorney to draft amendments to the Rules of Order and
Procedure for the Conduct of city Council Meetings. Member of
the public Joy Fullmer expressed her concerns. Councilmember
Holbrook moved to direct the city Attorney to draft an amendment
to Resolution No. 8l68(CCS). Second by Council~ember Katz. The
motion was approved by the following vote:
council vote: Unanimously approved 7-0
7-A: APPEAL/TPC-183/2ll0 FOURTH STREET: Presented was the
Appeal of Planning Commission approval of Tenant Participating
Conversion 183, 2110 Fourth Street. Applicant: HR Capital
Rossmore. Appellant: D. Longstreet, L. Auker, M. Hale, L. Gale,
L. Privo. city Clerk Dykhouse placed the following individuals
under oath: Mary Hale, Melinda Gordon, Stephanie Gordon, John
Moore, Laurence Gale, David Longstreet, Ludmila privo, Lynne
Auker, John Ellis, Eileen Hecht and Richard Klein. Paul
DeSantis, representing the applicant, spoke in favor of the
proj ect. Council asked questions of Mr. DeSantis. Mary Hale I
Melinda Gordon, stephanie Gordon, John Moore, Laurence Gale, I
David Longstreet, Ludmila Privo, Lynne Auker, John Ellis, and
Richard Klein confirmed their residency at 2110 4th street, and
discussed other tenancies. Eileen Hecht also representing the
applicant, presented a rebuttal. council asked questions of the
representatives of the applicant. Council asked questions of
staff. Councilmember Zane moved to uphold the appeal and deny
the application for the conversion. Second by Councilmember
Olsen. Discussion was held. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
At 9:15 P.M., council adjourned for a short recess.
reconvened at 9:40 P.M., with all members present.
council
8-A: MODIFICATION TO ZONING AND DEVELOPMENT STANDARDS: Presented
was an ordinance for introduction and first reading modifying
zoning and development standards to facili tate affordable
housing. Council asked questions of staff.
At 9: 55 P.M., Mayor Genser declared the public hearing open.
Members of the public Jean Sedillos and Leland Emanuelli urged
inclusion of a CUP requirement in the proposed ordinance.
Members of the public John Zinner, Jean Segal, Claire Tiffany,
Jean Abell, Valerie Freshwater, Cindy McQuade, and Linda Provost I
spoke in support of the proposed ordinance. Member of the public
Joy Fullmer expressed her concerns. Member of the public Doug
Brown urged performance of a citywide needs assessment to ensure
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that any single room occupancy or any other use requiring less
parking than currently required be deed-restricted for that use
only. Members of the public Leonard Gross and Lois Gross spoke
in opposition to the proposed ordinance. Members of the public
Gale Williams and Norma Whitney spoke in support of Upward Bound
House. Members of the public Larry Katz and Bill Zimmer spoke in
opposition to Upward Bound House. Councilmember Olsen moved to
extend the meeting to 1: 00 A. M. Second by Mayor Genser. The
motion was approved, Councilmember Katz abstained. Members of
the public Merritt Coleman and Vivian Rothstein urged the
inclusion of public input in the process. Members of the public
Walter Sparks, Chris Harding, Toby Lieberman, Ken Schonlau, Karin
Pally, Alan Deuel, Paul Ballmer, and Paul Rosenstein spoke in
support of the proposed ordinance. Member of the publ ic Rick
Cohen urged inclusion of a CUP requirement in the proposed
ordinance. Members of the public Mathew Millen, Adriana Shaw,
and Larry Skuce spoke in opposition to the proposed ordinance.
Members of the public Neil Cohen and steve Harbison spoke in
support of Upward Bound House. Mayor Pro Tempore Abdo moved to
hear late speakers. Second by Councilmember Katz. The motion
was unanimously approved. Member of the public Leonard Rogel
urged inclusion of a CUP requirement in the proposed ordinance.
Member of the public Blanca Malpartida-Girard spoke in support of
the proposed ordinance. Member of the public Sonia Israel Mdon
expressed her concerns. Mayor Genser closed the public hearing
at 12: 30 A.M. Mayor Pro Tempore Abdo moved to introduce for
first reading the ordinance modifying zoning and development
standards to facilitate affordable housing with the following
changes: l) Wherever the words "deed restricted" appear in the
ordinance change them to include the wording "or restricted by an
agreement approved by the city;" 2) Page 3 - eliminate the last
sentence under "Congregate Housing;" 3) Page 4 - under "Senior
Housing, " (and anywhere el se it may appear in the ordinance)
change the number 62 to the number 60 i 4) Page 7 second
paragraph of subsection (e) to read as follows: "In mUlti-family
districts, congregate housing, single room occupancy housing, and
homeless shelters, when not developed in an individual dwelling
unit format, and transitional housing, shall not be subject to
the district's maximum unit density standard, but the number of
beds shall be limited to 3 times the maximum number of dwelling
units which would otherwise be permitted;" 5) Page 9 - subsection
(h) to include wording at the end of the first sentence as
follows: "...or other enclosures as approved by the Director of
General Services and the Architectural Review Board;" 6) Page 9,
subsection (i) (1) (and anywhere else it may appear in the
ordinance) - change "no more than laD days" to read, "no more
than 6 months;1t 7) Page 9(i) (2) - eliminate the second sentence;
a) Page 12, Section 7 (b) - add the words "For new construction
proj ects. . . II to the beginning of the first sentence and insert
wording to provide for a secured parking entrance for existing
proj ects ; 9) Page 13, subsection (f) - add the words "For new
construction...n to the beginning of the first sentence. Second
by Councilmember Zane. Councilmember Katz moved to amend the
motion to eliminate the domestic violence shelters in the R-l
Zone. Second by Councilmember Holbrook. The motion failed by
the following vote:
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council vote: Affirmative: Councilmembers Katz, Holbrook
Negative: councilmembers Zane, Vazquez, Olsen, I
Abdo, Mayor Genser
Councilmember Katz moved to amend the motion to remove market
rate housing from the entire ordinance. Second by Councilmemher
Holbrook. The motion failed by the following vote:
council vote: Affirmative: Councilmembers Katz, Holbrook
Negative: Councilmembers Zane, Vazquez, Olsen,
Abdo, Mayor Genser
Mayor Genser moved
occupancy housing to
feet and retaining
accepted as friendly.
Councilmember Holbrook moved to amend the motion to ask staff to
return with recommendations for including a "fast track" CUP
process. Second by Councilmember Katz. Discussion was held.
The motion failed by the following vote:
to revise the definition of single room
the staff-recommended maximum of 375 square
the minimum as stated. The motion was
Council vote: Affirmative: Councilmembers Katz, Holbrook
Negative: Councilmembers Zane, Vazquez, Olsen,
Abdo, Mayor Genser
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Councilmember Olsen moved to extend the meeting to l: 30 A.M.
Second by Mayor Genser. The motion was unanimously approved.
Discussion was held. The main 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 "no" on this item for the following reasons: 1) he feels
that domestic violence shelters should be omitted from the R-l
zone or, at the very least, the shelters should be limited in
size; 2) the market rate housing should be handled in a separate
action; 3) he feels that the inclusion of a CUP process is very
important to encourage public input and the exclusion of public
input is contrary to what Council has historically encouraged.
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING ZONING AND DEVELOPMENT STANDARDS TO FACILITATE
AFFORDABLE HOUSING," was introduced for first reading, as
amended, by title only and waiving further reading thereof.
9-A: CLOSED SESSION: Held at end of meeting.
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14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Genser
announced the floor would consider nominations to fill vacancies
of members to the various Boards and Commissions.
Mayor Genser opened the floor to nominations for the Arts
commission. Mayor Genser nominated Annette simons, Matt Kramer,
Harriette W. McCauley, and Theresa Chavez. There being no other
nominations, nominations were closed. Mayor Genser moved to
appoint Annette simons, Matt Kramer, Harriette W. McCauley, and
Theresa Chavez by acclamation to the Arts commission for terms
ending June 30, 1996. Second by Councilmember Katz. The motion
was unanimously approved.
Mayor Genser opened the floor to nominations for the Bayside
District Corporation. Councilmember Katz nominated Gregory
Dunsmoor Spiess. Mayor Genser nominated Nancy Desser. There
being no other nominations, nominations were closed. On a call
for the vote, Gregory Dunsmoor Spiess was appointed to the
Bayside District Corporation for a term ending June 30, 1995 by a
majority vote, with Mayor Genser and Councilmember Olsen casting
votes for Nancy Desser. Mayor Genser and Councilmember Olsen
asked that the record reflect that they changed their votes to
Gregory Dunsmoor spiess.
Mayor Genser opened the floor to nominations for the Convention
and Visitors Bureau. Mayor Pro Tempore Abdo moved to continue
this appointment to the meeting of July 7, 1992. Second by
Councilmember Olsen. The motion was unanimously approved.
Mayor Genser opened the floor to nominations for the Personnel
Board. Mayor Pro Tempore Abdo moved to continue this appointment
to the meeting of July 14, 1992. Second by Councilmember
Holbrook. The motion was unanimously approved.
Mayor Genser opened the floor to nominations for the Pier
Restoration Corporation. Councilmember Zane nominated Dennis
Eugene Fitzpatrick. There being no other nominations,
nominations were closed. Mayor Pro Tempore Abdo moved to appoint
Dennis Eugene Fitzpatrick by acclamation to the pier Restoration
Corporation for a term expiring November lO, 1993. Second by
councilmember Holbrook. The motion was unanimously approved.
Mayor Genser opened the floor to nominations for the Recreation
and Parks Commission. Councilmember Vazquez moved to continue
this appointment to the meeting of July 7, 1992. Second by
Councilmember Katz. The motion was unanimously approved.
14-B: MEMORANDUM FROM CITY ATTORNEY/PROSECUTION
POLICY/ENCAMPMENT ORDINANCE: Councilmember Katz presented his
request to discuss the memorandum from the City Attorney
concerning the prosecution pol icy of the Encampment Ordinance.
councilmember Katz moved to hear speakers on this item. Second
by Councilmember Zane. The motion was unanimously approved.
Members of the public Bob Peeples, Asha Greenberg, and Max
Greenberg spoke in support of councilmember Katz's assertion that
the city Attorney must enforce the ordinances of the city.
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Member of the public Stephen Alpert spoke in support of the City
Attorney's position. Councilmember Katz moved to hear late
speakers. Second by Councilmember Holbrook. The motion was I
unanimously approved. Councilmember Katz moved to extend the
meeting to 2:15 A.M. Second by Councilmember Olsen. The motion
was unanimously approved. Members of the public stephen Jenkins
and Sue Ryan spoke in support of the City Attorney's position.
Councilmember Katz moved to order the City Attorney to enforce
the encampment ordinance. Second by Councilmember Holbrook.
Discussion was held. The motion failed by the following vote:
council vote: Affirmative: councilmembers Katz, Holbrook
Negative: Councilmembers zane, Vazquez, Olsen,
Abdo, Mayor Genser
Councilmember Katz moved to extend the meeting to 2: 4S A.M.
Second by Mayor Pro Tempore Abdo. The motion was approved,
Councilmember Holbrook opposed.
Councilmember Katz moved to dismiss city Attorney Robert Myers.
Second by Councilmember Holbrook. The motion failed by the
following vote:
Council vote: Affirmative: Councilmembers Katz, Holbrook
Negative:
Councilmembers Zane, Vazquez, Olsen,
Abdo, Mayor Genser
14-C: LETTER TO KCRW: Councilmember Olsen presented his request
to discuss direction to the Mayor to send a letter to KCRW
requesting reconsideration of Ruth Hirschman's decision to
preempt the City Council broadcasts from 7:30 P.M. to 8:00 P.M.
Councilmember Olsen moved to direct the Mayor to send a letter to
KCRW requesting reconsideration of Ruth Hirschman's decision to
preempt the city Council broadcasts from 7:30 P.M. to 8:00 P.M.
Second by Mayor Pro Tempore Abdo. The motion was unanimously
approved.
l5: PUBLIC INPUT: Member of the public Art Casillas addressed
Council regarding gang and drug problems.
Councilmembers Holbrook and Katz excused themselves from the
meeting at 2:15 A.M.
9-A: CLOSED SESSION: At 2:17 A.M., Council adjourned to Closed
Session for the purpose of considering the cases of Sakakura
America, Inc. v. city of Santa Monica, et al., Court of Appeal
Case No. BC 030l12, Jett Mora v. City of Santa Monica and Related
Cross-Complaint, Santa Monica Superior Court Case No. WEC 128
286, and John and Mary Rayes v. City of Santa Monica, threatened
litigation regarding property located at 62l 2lst street.
At 2:40 A.M., Council reconvened with all members present,
Councilmembers Holbrook and Katz absent.
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Councilmember Zane moved to approve Contract No. 5852 (CCS) for
standstill agreement with Sakakura America, Inc. Second by Mayor
Pro Tempore Abdo. The motion was unanimously approved,
Councilmembers Holbrook and Katz absent.
Mayor Pro Tempore moved to approve contract No. 5853 (CCS) for
settlement agreement and release with Jett Mora. Second by
councilmember Zane. The motion was unanimously approved,
Councilmembers Holbrook and Katz absent.
ADJOURNMENT: At 2:40 A.M., the meeting was adjourned in memory
of Reverend Fred Judson.
ATTEST: APPROVED:
~/L;~ ~
~;tce E. Dykhou~e Ken Genser
city Clerk Mayor
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June 30, 1992