CITY OF SANTA MONICA
CITY COUNCIL MEETING 07/20/93
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
9-C: CLOSED SESSION: At 6:43 p.m., Council adjourned to Closed
Session for the purpose of considering the case of Wave
Enterprises, Inc. v. City of Santa Monica.
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.
Councilmember 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 ordinance for second
reading and adoption adding sections to Chapter 4.08 of the Santa
Monica 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 ESTABLISH PARKS CLOSURE," reading by title only
and waiving further reading thereof. Second by Councilmember
Holbrook. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg, Genser
Negative: Councilmember Vazquez, Mayor Abdo
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 this item as she does not believe that changing the hours of
the parks is going to make a measurable difference in drug
dealing. She is concerned about the effects this ordinance will
have on the homeless, and expressed the belief that drug dealers
and homeless persons will merely relocate to other parts of the
city.
8-B: DEVELOPMENT STANDARDS/M1 AND C5 DISTRICTS: Presented was
an ordinance for introduction and first reading extending the
interim ordinance to implement development standards for portions
of the M1 and C5 District located north of the Santa Monica
Freeway and east of 19th Place Alley. Council asked questions of
staff. At 7:35 P.M., Mayor Abdo declared the public hearing
open. Member of the public William Caplin requested that an
educational center for children be allowed in the M1 zone.
Member of the public Ken Kutcher and Ken Ayeroff spoke in support
of the proposed ordinance with amendments to allow for day care
use, health care clinics, places of worship, warehouses, and
health clubs in the M1/RD zone. Member of the public Chris
Harding requested Council to reinstate the 1.0 FAR for the entire
M1/RD district without exception and eliminate the special study
zone. Members of the public E. K. Lauderdale, Fred Salenger, and
Carl Lambert spoke in opposition to the proposed ordinance.
Member of the public Tom Pyne spoke in opposition to mandating
housing in the special study zone and in opposition to the
special study zone itself. Member of the public Marvin Levin
spoke in opposition to residential uses in industrial zones and
in support of warehouse as a use of right in the M1/RD zone;
however, mini-storage should be a conditional use. Member of the
public Esther Garcia, Linda Bozung, and Sol Gindoff spoke in
opposition to the inclusion of residential uses in industrial
zones. Member of the public David Hibbert spoke in support of
the proposed ordinance. Member of the public Joyce Padleschat
spoke in opposition to the .25 FAR and residential uses in the
study area. Mayor Abdo closed the public hearing 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 in the M1/RD district. The motion was accepted as
friendly. Councilmember Genser moved to amend the motion to
replace language in SECTION 2(d)(1) and (2) to read:
Staff Report
(1) Maximum Building Height. Maximum building height shall
be two stories, 30', except that for projects located
on parcels designated "special study zones" on the
attached map, a maximum height of four stories, 45',
may be permitted with the approval of a Conditional Use
Permit for projects containing at least 75%
residential.
(2) Maximum Floor Area Ratio. 1.0, except that for
projects located on properties designated "special
study zones" on the attached map, a maximum floor area
ratio of 0.65, except that a maximum floor area of 1.5
may be permitted in 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 friendly. Councilmember Genser moved
to amend the motion to change the language in SECTION 2(1)(b) to
read:
"Automobile repair and automobile painting 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 painting facilities,
and expansion of existing facilities within 100' of any
residential district."
The motion was accepted as friendly. Councilmember Genser moved
to amend the motion to move the following permitted primary uses
which shall be permitted if conducted within an enclosed building
(except where otherwise permitted) and may include office space
so long as the office space is related to the primary use located
on the same site (SECTION 2 2(b)) to the section of the ordinance
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 facilities; (c) incidental production
facilities; (e) photography studios; (f) production facilities;
(g) publishing facilities; (h) software; (j) veterinary clinics
and laboratories; and (k)
broadcasting/communications/tele-communications facilities.
Discussion was held. The motion was not accepted as friendly.
Second by Councilmember Olsen. The motion failed by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen
Negative: Councilmembers Greenberg, Holbrook,
Rosenstein, Vazquez, Mayor Abdo
Councilmember Rosenstein moved to amend the motion to remove the
possibility of housing (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 Councilmember Greenberg.
Discussion was held. The amendment failed by the following vote:
Council vote: Affirmative: Councilmembers Greenberg, Holbrook,
Rosenstein
Negative: Councilmembers Genser, Olsen, Vazquez,
Mayor Abdo
Mayor Pro Tempore Vazquez requested that the record reflect that
he voted "no" on this item because it is not his intent to place
a cloud over businesses, rather it is to study the issue.
Mayor Pro Tempore Vazquez moved to amend the motion that in the
event of a natural disaster, the current businesses would be
allowed to rebuild to the FAR under which they were built. The
motion was accepted as friendly. Councilmember Holbrook moved to
amend the motion that the FAR within the special study area be
1.0 and conform, during the study period, with the FAR of the
surrounding areas. Second by Councilmember Rosenstein.
Discussion was held. The amendment failed 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 following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen
Negative: Councilmembers Greenberg, Holbrook,
Rosenstein, Vazquez, Mayor Abdo
Councilmember Rosenstein moved to amend the motion that the
possibility of required housing be eliminated in the special
study zone and that the possibility of housing be an option for
that area. Second by Councilmember Holbrook. Discussion was
held. Councilmember Rosenstein withdrew his amendment.
Councilmember Genser moved to amend the motion to move service
stations which 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 friendly. Discussion was held. Councilmember Genser
asked that his amendment be considered later in the meeting.
Councilmember 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 into the CUP list. The motion was accepted as
friendly. Discussion was held. Mayor Abdo moved to amend the
motion to modify language in SECTION 2(2) to read: "The
following primary uses shall be permitted if conducted within an
enclosed building (except where otherwise permitted) 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 following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen
Negative: Councilmembers Greenberg, Holbrook,
Rosenstein, 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 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 friendly. 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.
Discussion was held. Councilmember 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 permitted.
Second by Councilmember Rosenstein. Discussion was held.
Councilmember Genser moved to amend the motion to include the
preamble language as above for SECTION 2(2) and move subsections
(b), (c), (e), (f), (g), (i), (j), and (k) to SECTION 2(1).
Discussion was held. The motion was accepted as friendly. The
main motion, as amended, was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
Vazquez, Mayor Abdo
Negative: Councilmembers Greenberg, Holbrook,
Rosenstein
Councilmember Holbrook requested that the record reflect that he
voted "no" on this item because he believes that there is a
fundamental problem with combining housing and manufacturing
uses.
Councilmember Rosenstein requested that the record reflect that
he voted "no" on this item primarily 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 ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING 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 Councilmember Holbrook. The
motion was unanimously approved.
8-C: AUTOMOBILE WASHING FACILITIES: The emergency ordinance for
introduction and adoption establishing standards for automobile
washing facilities in certain zones on an interim basis was
continued to the meeting of July 27, 1993.
Staff Report
8-D: REQUIREMENTS FOR R1 SINGLE-FAMILY RESIDENTIAL ZONING
DISTRICT: The ordinance for introduction and first reading
amending Santa Monica Municipal Code Section 9.04.08.02 regarding
requirements for the R1 single-family residential zoning district
was continued to the meeting of July 27, 1993.
Staff Report
8-E: ON-SITE REFUSE AND RECYCLING FACILITIES: The ordinance for
introduction and first reading repealing Santa Monica Municipal
Code Section 3.36.160 and amending Sections 5.08.170 and
9.04.10.02.150 establishing requirements for plan check review
for on-site refuse and recycling facilities was withdrawn at the
request of staff.
Staff Report
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 requiring 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.
Staff Report
9-B: ZONE CHANGE/REDISTRICTING A PORTION OF A PARCEL FROM M1 TO
C5/1920 COLORADO AVENUE: The recommendation of Planning
Commission to approve Zone Change (ZC 92-001) to allow
redistricting of a portion of a parcel from the M1 (Industrial
Conservation) District to the C5 (Special Office) District at
1920 Colorado Avenue was withdrawn at the request of the
applicant.
Staff Report
10-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED
PAVEMENT/PARKWAY AREAS: The public hearing on the confirmation
of assessment of costs to repair damaged sidewalks, driveways,
curbs and remove damaged pavement in the parkway areas on various
streets (SR-93-188) was continued to the meeting of July 27,
1993.
Staff Report
10-B: ASSESSMENT DISTRICT/RECONSTRUCTION/4TH COURT AND 9TH
COURT: The public hearing 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.
Staff Report
13-A: DON CASEY/PUBLIC RESTROOMS IN PARKS: The request of Don
Casey to address Council regarding public restrooms in parks was
received and filed.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Abdo
announced that the floor would consider nominations to fill
vacancies of members to the various Boards and Commissions. The
two vacancies on the Arts Commission were continued to a later
date.
Mayor Abdo opened the floor to nominations for the Bayside
District Corporation. Councilmember Rosenstein nominated Robert
Resnick. There being no further nominations, nominations were
closed. Mayor Abdo moved to reappoint Robert Resnick by
acclamation to the Bayside District Corporation for a term ending
June 30, 1996. The motion was duly seconded and unanimously
approved.
Councilmember Rosenstein nominated Mark Mawrence. There being no
further nominations, nominations were closed. Mayor Abdo moved
to reappoint Mark Mawrence by acclamation to the Bayside District
Corporation for a term ending June 30, 1996. The motion was duly
seconded and unanimously approved.
Councilmember Rosenstein nominated Herb Katz. Councilmember
Genser nominated Nancy Desser. Councilmember Olsen nominated
Cesar Scolari. There being no further nominations, nominations
were closed. On a call for the vote, Herb Katz was reappointed
to the Bayside District Corporation for a term ending June 30,
1996.
Councilmember Rosenstein nominated Cesar Scolari. Councilmember
Genser nominated Dennis Zane. There being no further
nominations, nominations were closed. On a call for the vote,
Cesar Scolari was appointed for a term ending June 30, 1996.
Discussion was held. Councilmember Rosenstein nominated Dennis
Zane to serve in an interim capacity for a vacant position.
There being no further nominations, nominations were closed.
Discussion was held. Mayor Abdo moved to appoint Dennis 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 unanimously approved.
Mayor Abdo opened the floor to nominations for the Building and
Safety Commission. Mayor Abdo nominated 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 Americans. Mayor Abdo nominated Alexander Kolker. There
being no further nominations, nominations were closed. Mayor
Abdo moved to appoint Alexander Kolker by acclamation to the
Commission on Older Americans for a term ending June 30, 1997.
The motion was duly seconded and unanimously approved.
Mayor Abdo nominated Donna Alvarez. Councilmember Genser
nominated Nancy Katel. There being no further nominations,
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 nominated Susan
Cloke. Councilmember Genser nominated Emmalie Hodgin. There
being no further nominations, nominations were closed. On a call
for the vote, Susan Cloke was appointed to the Commission on the
Status of Women for a term ending June 30, 1997.
Mayor Abdo opened the floor to nominations to the Housing
Commission. Councilmember Rosenstein nominated Beth Leder-Pack.
Discussion was held. There being no further nominations,
nominations were closed. Mayor Abdo moved to appoint Beth
Leder-Pack by acclamation to the Housing Commission for a term
ending June 30, 1997. The motion was duly seconded and
unanimously approved. Two additional appointments will be
considered at the meeting of July 27, 1993.
Mayor Abdo opened the floor to nominations to the Planning
Commission. Councilmember Rosenstein nominated Effie Wehrmack.
Mayor Abdo moved to continue this appointment. Second by
Councilmember Genser. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
Vazquez, Mayor Abdo
Negative: Councilmembers Greenberg, Holbrook,
Rosenstein
By virtue of the above action, the appointment to the Planning
Commission was continued to the meeting of July 27, 1993.
14-B: DOGS IN PARKS: Councilmember Rosenstein presented his
request to direct the City Attorney to prepare an ordinance
allowing dogs in the parks under certain conditions. A staff
report summarizing the proposal was presented. Council asked
questions of staff. Councilmember Rosenstein moved to extend the
meeting to 11:20 P.M. Second by Councilmember Holbrook. The
motion was unanimously 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 being left open for
homeless people. Members of the public Karen Brooks and Justin
MacCarthy spoke in 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 subcommittee
of the Recreation and Parks Commission, that a public hearing be
held to discuss this matter on October 5, 1993, and that part of
the motion is that it is the will of the Council that every
effort will be made not to change that date within a few weeks of
the hearing. 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 friendly. Mayor Pro Tempore Vazquez moved
to amend the motion that the unleashed study be conducted at
Jocelyn Park only and not Marine Park. Discussion was held. The
motion was not accepted as friendly and died for lack of a
second. Discussion was held. Mayor Pro Tempore Vazquez moved to
extend the meeting to 11:40 P.M. The motion was duly seconded
and unanimously 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/BAYSIDE DISTRICT CORPORATION: Mayor
Abdo moved to accept with regret the letters of resignation from
Gene E. Burleson of the Arts Commission and William C. Janns, Jr.
of the Bayside District Corporation and authorize the City Clerk
to publish a Notice of Vacancies. The motion was duly seconded
and unanimously approved.
14-D: REPEAL PROHIBITIONS AGAINST SLEEPING IN CITY PARKS: The
request of Mayor Pro Tempore Vazquez to discuss directing the
City Attorney to prepare ordinances to repeal prohibitions
against sleeping in City parks, and directing the City Manager,
Community and Cultural Services Department and any appropriate
City commissions to solicit public comment on the proposal was
withdrawn at the request of Mayor Pro Tempore Vazquez.
15: PUBLIC INPUT: Member of the public Joy Fullmer discussed
the issue of homeless people in the parks and the economic
problems being faced during this recession. Member of the public
Frank Cannava discussed the park closure ordinance. Member of
the public David Wachtel discussed that dogs are going to be
allowed in the parks and homeless people are not.