CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 7, 1995
An adjourned meeting of the Santa Monica City Council was
called to order by Mayor Rosenstein at 6:34 P.M., on Tuesday,
February 7, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Ruth Ebner
Councilmember Ken Genser
(arrived at 6:36 P.M.)
Councilmember Robert T. Holbrook
(arrived at 6:55 P.M.)
Councilmember Pamela O'Connor
Councilmember Judy Abdo
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
Councilmember Ebner led the assemblage in the Pledge of Alle-
giance to the Flag of the United States of America.
Councilmember Genser reported present at 6:36 P.M.
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. Member of the
public Joy Fullmer addressed items on the Consent Calendar.
Mayor Pro Tempore Greenberg moved to approve the Consent
Calendar reading resolutions and ordinances by title only and
waiving further reading thereof. Second by Councilmember Abdo.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, O'Connor,
Mayor Rosenstein
Absent: Councilmember Holbrook
6-A: MINUTES APPROVAL: The City Council minutes of January
24, 1995, were approved as amended.
6-B: FINAL SUBDIVISION MAP/TRACT NO. 51588/TPC-290/1028-32
19TH STREET: Resolution No. 8859(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51588 AT 1028-
1032 NINETEENTH STREET," was adopted thereby approving a 16-
unit tenant-participating conversion project at 1028-1032
Nineteenth Street.
Staff Report
6-C: CONTRACTS/CONSTRUCTION OF VARIOUS PUBLIC IMPROVEMENTS:
Contract Nos. 7130(CCS) and 7131(CCS) were approved with
Shawnan Corporation in the amount of $802,516 for construction
of various public improvements associated with the Pier and
O'Brien-Krietzberg & Associates, Incorporated, in an amount not
to exceed $100,000, to provide construction management
services.
Staff Report
END OF CONSENT CALENDAR
8-A: ARBORETUM DEVELOPMENT AGREEMENT (Continued from January
24, 1995): Presented was an ordinance for introduction and
first reading approving amendments to the Arboretum Development
Agreement; adopting resolutions approving zoning administrator
determination, certifying the Environmental Impact Report and
adopting the Statement of Overriding Considerations; and
upholding the appeal of Planning Commission review of specific
buildings for proposed supermarket. Council asked questions of
staff. Councilmember Holbrook reported present at 6:55 P.M.
Discussion was held. Councilmember Abdo moved to amend the
main motion to amend Section 1(d) of the ordinance to read as
follows: ""Live-work studio" shall mean a room or unit in
which the residential occupant also conducts his or her
business. Live-work studios shall be permitted only after
adoption of citywide standards on live-work space and shall
comply with newly-adopted standards," and delete the remainder
of the paragraph. The motion was accepted as friendly.
Council asked questions of staff. Discussion was held.
Councilmember Genser moved to amend the motion to delete the
new category of Neighborhood Commercial spaces and leave the
old mixed uses except for the change for housing and the
market. The motion was accepted as friendly. Discussion was
held. The above amendment was unanimously approved. Council
asked questions of staff. Councilmember Abdo summarized her
motion as follows: Approve the Development Agreement with the
following amendments: 1) Eliminating the new category of
Neighborhood Commercial spaces and leave the old mixed uses
except for the change for housing and the market; 2)
Eliminating the proposed language limiting Architectural Review
Board authority; 3) Amending Section 1.(d) of the ordinance
regarding live-work studios; 4) Allowing the inclusionary
obligation for 50% of required low-income units to be satisfied
by an in-lieu payment of $80,000 per unit, and including a CPI
adjustment to this amount; 5) Establishing $600/unit parks fee
instead of the $400 fee proposed by the developer. Council
asked questions of staff. Discussion was held. Councilmember
Ebner moved to amend the Development Agreement to eliminate the
sustainable cities language. Second by Councilmember Holbrook.
Discussion was held. The motion failed, Councilmembers
O'Connor, Greenberg, Genser, Abdo, and Mayor Rosenstein
opposed. Discussion was held. Councilmember Abdo clarified
that her motion is subject to the findings and conditions in
the original staff report of January 10, 1995. Discussion was
held.
The main motion, as amended, was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Ebner, Abdo,
Mayor Rosenstein
Negative: Councilmember Genser
Councilmember Genser requested that the record reflect that
even though he voted against the motion, he generally agrees
that the direction of the amendment makes sense for the City,
he supports the market in this location, and he so voted on the
matter on the Zoning Administrator's interpretation, but the
reasons he voted against this is because he believes that a
special exception is being made for this developer with regard
to his obligation to provide affordable housing in the
community and he does not think that there is any evidence that
the general taxpayer should be required to meet the developer's
obligations and he thinks that by allowing the inclusionary
housing offsite it will mean that the housing is not fully
integrated into the market rate projects but will be put into
other locations in the City which might already be over-
impacted with affordable housing.
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT BETWEEN ARBORETUM
DEVELOPMENT PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP
AND THE CITY OF SANTA MONICA," was introduced for first
reading, as amended, reading by title only and waiving further
reading thereof.
Mayor Abdo moved to adopt Resolution No. 8860(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MAKING CEQA FINDINGS NECESSARY TO APPROVE THE ARBORETUM
DEVELOPMENT AGREEMENT AMENDMENT AND ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATION," reading by title only and waiving
further reading thereof. Second by Councilmember Holbrook.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Ebner, Abdo,
Mayor Rosenstein
Negative: Councilmember Genser
Council asked questions of staff. Councilmember Abdo moved to
approve the Zoning Administrator interpretation regarding
specific design issues. Second by Councilmember Genser.
Council asked questions of staff. Councilmember Abdo withdrew
her motion. Councilmember Abdo moved to approve the Amendment
Plan to the Development Agreement. Second by Councilmember
Genser. Councilmember Genser moved to amend the motion to
direct the Architectural Review Board to pay particular
attention to the placement of the building on the site, the way
it relates to existing and future development and open space,
and the loading zone, and also pay attention to the
landscaping, parking lot screening, and roofscape of the
market. The motion was accepted as friendly. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
Council asked questions of staff.
CLOSED SESSION: At 7:45 P.M., Council adjourned to Closed
Session for conference with Legal Counsel with regard to the
threat of pending litigation against the City with regard to
the approvals on this project and in view of the fact that a
question has arisen during the course of this meeting which
could not be foreseen and agendized.
Council reconvened at 7:54 P.M. with all members present.
City Attorney Moutrie announced that Council took no reportable
action during Closed Session.
8-A: ARBORETUM DEVELOPMENT AGREEMENT (Resumed): Councilmember
Abdo moved to reconsider the motion to approve the Amendment
Plan. Mayor Rosenstein suspended consideration of the previous
motion on the floor. Second by Councilmember Holbrook. The
motion was unanimously approved. Councilmember Abdo moved to
eliminate the sentence from the conditions of approval which
stipulates that all landscaping on the eastern edge of the
surface parking lot must be on the same level as the surface
parking lot, and ask the Architectural Review Board to pay
particular attention to the landscaped slope on the eastern and
northern edge of the property. Second by Councilmember
O'Connor. Council asked questions of staff. Discussion was
held. There being no objections, Council asked questions of
the developer, Mr. Hibert. Discussion was held. Councilmember
Abdo moved to amend her motion to stipulate that the building
be placed where it was planned, in accordance with appropriate
findings. The motion was accepted as friendly. Council asked
questions of staff. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers Holbrook,
Greenberg, Ebner, Abdo, Mayor
Rosenstein
Negative: Councilmembers O'Connor, Genser
Discussion was held. Councilmember Abdo moved to not approve
the site plan proposed under the Zoning Administrator based
upon the fact that Council cannot make the affirmative findings
that the access points and internal circulation are adequate to
accommodate both pedestrian and vehicular traffic. Second by
Councilmember Ebner. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
At 8:20 P.M., Council adjourned for a short recess. Council
reconvened at 8:36 P.M. with all members present.
8-B: TRANSPORTATION MANAGEMENT PLAN: Presented was an
ordinance for introduction and first reading amending various
sections of Santa Monica Municipal Code Chapter 9.16 related to
the City's Transportation Management Plan (TMP). Council asked
questions of staff. At 8:40 P.M., Mayor Rosenstein declared
the public hearing open. Member of the public Joy Fullmer
expressed her concerns. Mayor Rosenstein closed the public
hearing at 8:41 P.M. Councilmember Holbrook moved to introduce
for first reading an ordinance entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS
SECTIONS OF CHAPTER 9.16 OF THE MUNICIPAL CODE RELATED TO
TRANSPORTATION MANAGEMENT," reading by title only and waiving
further reading thereof. Second by Councilmember Greenberg.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
9-A: CLOSED SESSION: To be held at end of meeting.
10-A: CONSOLIDATED PLAN PROCESS/CDBG: Presented was an
overview of the City's Consolidated Plan process and request to
hold a public hearing to receive public comment and approve the
Consolidated Plan's Community Involvement Plan and to accept
public comment on the FY 1993-94 Community Development Block
Grant (CDBG) program performance. Council asked questions of
staff. At 8:55 P.M., Mayor Rosenstein declared the public
hearing open. Member of the public Joy Fullmer expressed her
concerns. Member of the public Ron Taylor spoke in support of
funding for public safety, affordable housing, and services for
the homeless. Member of the public Art Casillas spoke in
support of funding for public safety and affordable housing.
Mayor Rosenstein closed the public hearing at 9:04 P.M.
Councilmember Abdo moved to approve the Consolidated Plan's
Community Involvement Plan. Second by Councilmember O'Connor.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
14-A: LETTERS OF RESIGNATION/MICHELE WITTIG/COMMISSION ON THE
STATUS OF WOMEN/LOU MOENCH/HOUSING COMMISSION: Councilmember
Abdo moved to accept with regrets the resignation of Michele
Wittig of the Commission on the Status of Women and Lou Moench
of the Housing Commission and authorize the City Clerk to
publish Notices of Unscheduled Vacancy. Second by Mayor Pro
Tempore Greenberg. The motion was unanimously approved.
14-B: AMENDMENT OF RULES/COUNCIL TRAVEL: Presented was the
request of Councilmember Rosenstein to discuss amending the
rules for Councilmember travel so that lame duck members would
have to get a public vote of the Council to authorize any
travel at City expense. Mayor Rosenstein moved to ask staff to
review and make a recommendation with regard to amending the
resolution governing Council travel to stipulate that if a
councilmember is not re-elected to Council and has a short
period of their term remaining that they must request approval
of Council for use of travel funds. Second by Councilmember
Greenberg. Discussion was held. Councilmember Genser moved to
amend the motion to include a modification which may also
include that Council will bind itself to the administrative
instructions, or an amended version of the administrative
instructions. The motion was accepted as friendly. Discussion
was held. The motion was unanimously approved.
14-C: SELECTION PROCEDURE/BOARDS AND COMMISSIONS: Presented
was the request of Councilmember Ebner to discuss the selection
procedure of nominees to Boards and Commissions. Members of
the public Leigh Kavanaugh and Barbara Tenzer stated their
concurrence that the current procedures for appointment are
problematic. Discussion was held. Mayor Pro Tempore Greenberg
moved to instruct staff to return with an information item that
gives all requirements to serve on boards and commissions that
are in the Charter, or any other place, relating to
qualifications, residency included, and procedures utilized by
other cities in their appointment process, ask the City Clerk
to redesign the application form to elicit more information,
particularly about qualifications and experience in the area
that the board or commission is involved in, why they're
interested in serving on the commission and also what community
activities they've been involved in, and to elicit that
information with an eye toward putting it into a data base so
that it is included on one piece of paper in an easily-
understood fashion. Councilmember Abdo moved to amend the
motion to stipulate that the data base not be the one currently
used. The motion was accepted as friendly. Discussion was
held. Second by Councilmember Genser. Discussion continued.
The motion was unanimously approved.
14-D: AMENDMENT/C3 AND C3C/AUTO REPAIR: Presented was the
request of Councilmember Holbrook to discuss directing the City
Attorney to draft an amendment to C3 and C3C zoning districts
to allow new or expanded auto repair facilities through the
Conditional Use process. Councilmember Holbrook moved to
direct staff to draft an amendment to C3 and C3C zoning
districts to allow new or expanded auto repair facilities
through the Conditional Use process. The motion was duly
seconded. Mayor Pro Tempore Greenberg moved to refer this
matter to staff to study the issue and return with a report.
Councilmember Holbrook incorporated Mayor Pro Tempore
Greenberg's motion into the main motion. Discussion was held.
The motion was unanimously approved.
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns on various issues. Member of the public John
Jurenka suggested that Council meetings begin with an
invocation.
9-A: CLOSED SESSION: Mayor Pro Tempore Greenberg and
Councilmember Ebner declared a possible conflict of interest in
the case of City of Los Angeles v. County Sanitation Districts
and will not participate in deliberations on this item. At
10:19 P.M., Council adjourned to Closed Session for conference
with Legal Counsel with regard to existing litigation as
follows:
1. City of Los Angeles v. County Sanitation
Districts, Los Angeles Superior Court Case No.
BC 034185;
2. Bell v. City of Santa Monica, LASC #BC052215
(transferred to West District);
3. Santa Monica Housing Council v. City of Santa
Monica, LASC #SS005191;
Conference with Labor Negotiator:
1. Negotiator: Karen Bancroft, Personnel Director;
Public Employment:
1. Title: City Clerk
At 11:35 P.M., Council reconvened with all members present.
Councilmember Holbrook moved to approve payment of previously
appropriated $22,073,000 for sewer charges in the case of City
of Los Angeles v. County Sanitation Districts. Second by
Councilmember O'Connor. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Genser, Abdo, Mayor
Rosenstein
Abstain: Councilmembers Greenberg, Ebner
No other action was taken.
ADJOURNMENT: At 11:38 P.M., the meeting was adjourned in
memory of Brandon MacNeal and Doug McClure.
ATTEST: APPROVED:
Beth Sanchez Paul Rosenstein
Assistant City Clerk Mayor