CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 18, 1998
A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor
Holbrook at 6:30 p.m., on Tuesday, August 18, 1998, in the Council Chambers.
Roll Call: Present: Mayor Robert T. Holbrook
Mayor Pro Tem Pam O'Connor
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS: At 6:30 p.m., Council adjourned to Closed Session to consider the following:
16-A: Conference with Legal Counsel - Existing Litigation: Bret Carr v. SMPD, City of Santa
Monica, et al., Case No. 97-8765 HLH (Ex).
ACTION: No reportable action taken.
16-B: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Andrew
Mark Lessman, et al., Case No. BC 191657.
ACTION: No reportable action taken.
16-C: Conference with Legal Counsel - Existing Litigation: Ring Trading Corp. v. City of Santa
Monica, Case No. BX 172044.
ACTION: Not heard.
16-D: Conference with Legal Counsel - Anticipated Litigation:
Number of cases: Two
ACTION: No reportable action taken.
RECONVENE - PLEDGE Council reconvened at 7:15 p.m., with all Councilmembers present.
Councilmember Greenberg led the assemblage in the Pledge of Allegiance to the Flag of the United
States of America.
REQUEST TO HEAR OUT OF ORDER Motion by Mayor Holbrook, seconded by Mayor Pro
Tem O'Connor, to hear member of the public Ron Schurr under public input at this time, due to his
time constraints. The motion was approved by voice vote, Councilmember Genser abstaining.
15: PUBLIC INPUT: Member of the public Ron Schurr discussed the hours of operation of the
parking meters on Main Street. Request referred to staff.
7-A: RECONSIDERATION OF PLANNING COMMISSION APPROVAL OF ADDITION
OF CONVENIENCE STORE TO EXISTING GAS STATION AT 1410 PICO BOULEVARD
(TEXACO): Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to continue
this item at the request of the applicant to a future meeting and directed staff to adequately notice the
appropriate people. The motion was unanimously approved by voice vote.
Staff Report
8-A: DEVELOPMENT STANDARDS FOR R-1 DISTRICT NORTH OF MONTANA
AVENUE: Presented was the staff report recommending adoption of an Emergency Interim Ordinance
or introduction and first reading of an Interim Ordinance to establish development standards for the R-1
District north of Montana Avenue.
Staff Report
On order of the Mayor, the public hearing was opened.
The following members of the public spoke in opposition to the proposed ordinance: Donna Nowicki,
Aimee Goldberg, Michael Cieply, Rod Goldberg, Lori Nafshun, Norm Peterson, Paulette Kazdashean,
and Hsuan-Ying Chou. Member of the public Joey Fullmer expressed her concerns.
The following members of the public spoke in support of the proposed ordinance: Jean Sedillos, Darrell
Clarke, Harry Gewertz, Judy Gewertz, Donna Blake, Giles Smith, Susan Liesberg, David Laccen,
Caldecot Chubb, Chuck Allord, Eldon Cotton, Victor Fresco, Gertrude Shinbane, Bill Blatt, Lee
Bishop, and Robert Posek.
RECESS On order of the Mayor, the City Council recessed at 9:29 p.m., and reconvened at 9:55
p.m., with all members present.
The following members of the public spoke in support of the proposed ordinance: Jon Sedillos, Jim
Zukor, Guy Nutter, Dee Shutt, Doris Sosin, Lawrence Stone, and Sue Opdyke.
The following members of the public spoke in opposition to the proposed ordinance: John Ruchinskas,
Suzanne Barron, Starlie Sokol, Victor Hohne, J. Charles, Marcia Illing, and Chris Harding. Member of
the public Brian Hutchings expressed his concerns.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to continue the meeting
past 11:00 p.m.
Substitute motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to continue
the public hearing after 11:00 p.m., and make a decision as to the remainder of the meeting when the
public hearing has been concluded. The motion was unanimously approved by voice vote.
The following members of the public spoke in opposition to the proposed ordinance: Eric Parlee,
Richard Wilks, Teri Wilks, John Staff, Charles Castaldi, Gary Torpy, Pamela Murphy, Robert
Ramirez, and Lindi Bernstein.
The following members of the public spoke in support of the proposed ordinance: Jule Lamm and
Carolyn Guillot.
Motion by Councilmember Feinstein, seconded by Councilmember Genser, to hear late speakers for
one minute each.
Substitute motion by Councilmember Rosenstein, seconded by Mayor Pro Tem O'Connor to deal only
with the business required to be dealt with this evening and continue everything else until tomorrow night
and hear late speakers for one minute each.
Councilmembers Feinstein and Genser withdrew their motion. The motion by Councilmember
Rosenstein was unanimously approved by voice vote.
Councilmember Ebner was excused at 11:50 p.m.
The following members of the public spoke in support of the proposed ordinance: Mary Jo Stenger,
Tony Stenger, Sue Edwards, and Peggy Cramer. The following members of the public spoke in
opposition to the proposed ordinance: Richard Lutomirski, Lee Friedman, Roger Hartman, and
Mahomed Mahomed.
There being no further speakers, the Mayor closed the public hearing. And continued deliberations to
August 19, 1998, at 7:30 p.m.
RECESS On order of the Mayor, the City Council recessed at 12:10 a.m., and reconvened at 7:45
p.m., on August 19, 1998.
Discussion ensued relative to the proposed ordinance and issues such as lot size, building envelope, set
backs, mezzanines, building height, and accessory buildings.
Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Emergency
Interim Ordinance No. 1921(CCS), entitled: "AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING DEVELOPMENT
STANDARDS FOR THE R1 DISTRICT NORTH OF MONTANA AVENUE; DECLARING THE
PRESENCE OF AN EMERGENCY," including the staff language as presented on August 18, 1998,
with the exception of the language about lofts, mezzanines, and uninhabitable floor spaces as included in
Section 2.6(q), and including the language presented to Council this evening, as follows:
A. Modify Section 2.6(i) to read: "Second Floor Square Footage. The square footage of the second
floor, including the second floor of an accessory building, shall not exceed 26 percent of the parcel
square footage. Additionally, second floor balconies or terraces shall not exceed 250 square feet."
B. Modify Section 2.6(j) to read: "Projections. No building projections except chimneys, eaves, sills,
cornices, and belt courses shall be permitted in any required side yard setback area." (No changes to
current standards regarding projections into front and rear yard setback areas.)
C. Modify Section 2.6(p) to read: "Accessory Buildings. On corner lots, two story accessory
buildings shall only be located on the interior sideyard and shall be developed in accordance with Code
Sections 9.04.10.02.110 and 9.04.14.110. Two story accessory buildings located on interior lots shall
be developed in accordance with Code Sections 9.04.10.02.110 and 9.04.14.110. One story
accessory buildings shall be developed in accordance with Code Sections 9.04.10.02.100,
9.04.10.02.110, and 9.04.14.110."
D. Add Section 6.2(r) to the proposed ordinance to read as follows: "Additional Side Stepback
Above 21 Feet in Height. No portion of the building, except permitted projections, shall intersect a
plane commencing 21 feet in height at the minimum sideyard setback and extending at an angle of 45
degrees from the vertical toward the interior of the site."
Motion by Councilmember Genser, accepted as friendly, to amend the motion to restore previous
stepbacks and the flexibility to modify those standards, subject to Architectural Review Board
approval.
Motion by Councilmember Genser, accepted as friendly, to amend the motion to include language
relating to volumes over 14-feet counting against the second-floor floor area.
Motion by Councilmember Genser, accepted as friendly, to amend the motion to include a policy for
the front yard setbacks that they be based upon the two adjacent buildings, but no less than 20-feet and
no less than the districting map.
Motion by Councilmember Genser, accepted as friendly, to amend the motion that second-story
accessory buildings shall be by use permit.
Motion by Mayor Holbrook, accepted as friendly, to amend the motion that lot coverage may be
increased to fifty percent if the structure is one-story and does not exceed 18-feet in height; existing
structures that are at fifty percent may not add a second story.
Motion by Mayor Holbrook, seconded by Councilmember Feinstein, to amend the motion to allow the
second floor area to be 27 percent of lot coverage instead of 26 percent. The amendment failed by the
following vote:
Ayes: Councilmembers Feinstein, Rosenstein and Mayor Holbrook
Noes: Councilmembers Genser, Greenberg, Mayor Pro Tem O'Connor
Abstain: Councilmember Ebner
The main motion, as amended, was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: Councilmembers Ebner, Greenberg
Absent: None
Councilmember Greenberg requested that the record reflect while she is in agreement with most of the
recommendations she does not agree with limiting the size of the second story and she would prefer to
have an overall FAR.
Councilmember Ebner requested that the record reflect that she does not believe that this is a proper
subject for an emergency ordinance and she has concerns with the notice and the input from the
community and to the community. She expressed her belief that the community would be better served
to have a more reasoned and intelligent approach to building standards.
Councilmember Genser commended staff for their exceptional effort.
RECESS On order of the Mayor, the City Council recessed at 10:41 p.m., and reconvened at 10:53
p.m., with all members present except Councilmember Ebner.
REPORTS OF BOARDS AND COMMISSIONS:
11-A: REMOVAL OF COMMISSIONER FROM SOCIAL SERVICES COMMISSION:
Presented was the request of the Social Services Commission to remove a commissioner from the
Commission for non-attendance at monthly meetings.
Staff Report
Motion by Councilmember Feinstein, seconded by Councilmember Greenberg, to hear a speaker who
is registered to speak and then continue the remainder of this item to the meeting of September 8, 1998.
The motion was approved by voice vote, Councilmember Genser opposed, Councilmember Ebner
absent.
Member of the public Jerry Rubin spoke in support of the recommendation to remove a commissioner
from the Social Services Commission for non-attendance at monthly meetings.
Motion by Councilmember Feinstein, seconded by Councilmember Greenberg, to amend the motion to
return this as a 5-item on September 8, 1998. The motion was approved, Councilmember Genser and
Mayor Pro Tem O'Connor opposed, Councilmember Ebner absent.
WRITTEN COMMUNICATIONS:
13-A: VIDEO REGARDING SANTA MONICA COMMUNITY CORPORATION AND
ADA VIOLATIONS: Motion by Mayor Holbrook, duly seconded, to receive and file the information
and have the video relating to the Santa Monica Community Corporation and ADA violations, as
prepared by Pro Se, sent to the Council office for viewing by council members. The motion was
unanimously approved by voice vote, Councilmember Ebner absent.
COUNCILMEMBER DISCUSSION ITEMS:
14-A: APPOINTMENT TO BAYSIDE DISTRICT CORPORATION:
This item was continued to the meeting of September 8, 1998.
Councilmember Greenberg was excused at 11:05 p.m.
14-B: EXAMINATION OF HOUSING RELOCATION POLICIES: Presented was the request
of Councilmember Feinstein to direct staff to examine the City's housing relocation policies, including
the level of fees involved and associated noticing requirements.
Member of the public Eileen Hecht made suggestions as to possible mitigation measures relating to
tenant relocation during reconstruction.
Member of the public Howard Jacobs spoke regarding the difficulty of balancing the needs of the
community and the property owners and the need to mitigate the inconvenience to tenants during
reconstruction.
Motion by Councilmember Feinstein, seconded by Councilmember Genser, to ask staff to examine and
report on a variety of factors involved around remodeling of existing apartment buildings that affect the
quality of life during the remodel, including the noticing process, the mechanism for complaints, the gain
or loss of amenities, construction mitigations, fees for both temporary and permanent relocation, as well
as options for relocation on- or off-site, and meetings with tenants to discuss the conditions involved
during the renovation.
Motion by Councilmember Genser, accepted as friendly, to amend the motion to ask staff to determine
if there is anything that Council should do to address the issue of tenants losing their affordable rent
controlled apartments because of the inconvenience of living there.
The motion, as amended, was unanimously approved by voice vote, Councilmembers Ebner and
Greenberg absent.
14-C: POSSIBLE SUSPENSION OF WORK ON DOWNTOWN OUTDOOR TRANSIT
MALL: Presented was the request of Councilmember Rosenstein that Council hold a hearing to
determine if work should be suspended on the downtown outdoor transit mall due to the possibility of
unsavory establishments, specifically a Hooter's Restaurant, coming to Santa Monica Boulevard.
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to continue the meeting
past 11:00 p.m. The motion was unanimously approved, Councilmembers Ebner and Greenberg
absent.
The following members of the public spoke in opposition to the proposal: Marios Savvides, owner of
the proposed site, and Larry Klinghoffer, and Fred Glick, representing Hooter's Restaurant..
Councilmember Rosenstein withdrew his request in order to conduct further research.
14-D: HIRING OF SERVERS OF ONLY ONE GENDER WITH CERTAIN PHYSICAL
ATTRIBUTES: Presented was the request of Councilmember Rosenstein to request that Council
direct the City Attorney to research whether any laws would be violated if a restaurant hires as servers
people of only one gender and with certain physical attributes.
Member of the public Jerry Rubin spoke in support of the request.
Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to request the City
Attorney to research and report back to Council as to whether any laws would be violated if a
restaurant hires as servers people of only one gender and with certain physical attributes and whether
there may be any legislation for consideration to be adopted in the City of Santa Monica with regard to
this issue. The motion was unanimously approved by voice vote, Councilmembers Ebner and
Greenberg absent.
15: PUBLIC INPUT: Member of the public Eileen Hecht discussed reasons for her resignation from
the Airport Commission.
ADJOURNMENT On order of the Mayor, the City Council meeting was adjourned at 12:06 a.m.,
to September 8, 1998.
ATTEST:
Maria M. Stewart
City Clerk
APPROVED:
Robert T. Holbrook
Mayor