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M-11/21/1989 381 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 21, 1989 A special meeting of the Santa Monica city council was called to order by Mayor Zane at 7:35 P.M., on Tuesday, November 21, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Councilmember Judy Abdo Mayor Pro Tempore David B. Finkel councilmember Ken Genser (arrived at 7:40 P.M.) Councilmember William H. Jennings (arrived at 7:40 P.M.) Councilmember Herbert Katz (arrived at 7:45 P.M.) councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen CLOSED SESSION: Not held. Councilmember Reed led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. At the request of the city Manager, the Consent Calendar items were heard following the other business items. Mayor Pro Tem Finkel moved to accept chits to speak on Item 11-A until twenty minutes after the Public Hearing has begun. Second by Counci1member Abdo. The motion was unanimously approved. II-A: MORATORIUM ON RESIDENTIAL DEVELOPMENT/CONSTRUCTION RATE AND MANAGEMENT PROGRAM: Presented was a staff report transmitting a recommendation to direct the City Attorney to prepare an ordinance extending the moratorium on residential development in the area bounded by Ocean Avenue to the west, 14th Street to the east, Wilshire Boulevard to the south, and Montana Avenue to the north; and to prepare an ordinance amending the zoning ordinance to implement the Construction Rate and Management Program. Council asked questions of staff. Mayor Zane opened the public hearing at 8:13 P.M. Members of the public Allen Zahner, Rose Marie Stef, Jean Gebman, Suzanne Abrescia, David Raiklen, Schlomo Rozen, Eric Parlee, and Kelvin Jones spoke in support of downzoning and/or extending the moratorium. Members of the public, Betty Bunnell, Peter Berke, Ken BreiSCh, CoCo Reynolds, Nancy Desser, and Joel Hirsch spoke in support of the above but also expressed concern with regard to board and care facilities. Member of the pUblic Karl Schober was in favor of downzoning and extending the moratorium but expressed concern regarding housing for new residents. Member of the public Mathew Millen spoke in 1 November 21, 1989 382 favor of downzoning and the pursuit of a land banking program. Members of the public Joy Fullmer, Duane Nightingale, and Dane Chapin stated their support of the extension of the moratorium but their opposition to downzoning. Members of the public Carolyn Guillot and Ronald Sampson spoke in opposition to downzoning. Member of the public Ira Sarvian suggested a hardship exemption be instituted for persons who recently purchased vacant property. Member of the public R. J. Garrett spoke against the moratorium and suggested buildings be given to current residents, and developers provide moving expenses. Member of the pUblic Joe Palazzolo felt that the staff report was flawed. At 9: 30 P.M., Mayor Zane closed the public hearing and Council adjourned for a short recess. At 9:52 P.M., council reconvened with all members present. Discussion was held. councilmember Katz moved that the Rates and Standards Program be reviewed by staff and that the standards for construction, as proposed in the program, be adopted as an interim ordinance. Second by Councilmember Reed. Discussion continued. Councilmember Katz moved to amend the above motion to accept the staff recommendation on the Rates and standards Program and to include direction to the Planning Commiss ion to consider a Resolution of Intention to amend the Zoning Ordinance in relation to the revised development standards; and to direct the City Attorney to prepare an ordinance to extend the moratorium for seven months. Seconded by Councilmember Jennings. Councilmember Reed moved to further amend the motion on the floor to provide for a category of hardship exemptions for persons who own vacant lots which have been vacant since November 1, 1989. Second by Councilmember Abdo. Mayor Pro Tern Finkel moved to amend Councilmember Reed's amendment so that the scope of the hardship exemption be limited to those lots on which a new purchaser went into escrow prior to the date the temporary moratorium was placed into effect. The amendment was accepted as friendly by the maker and second of the original motion. Discussion was held. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Jennings moved to direct staff to proceed with the downzoning proposal (Alternative 2 - R4 to R3 and R3 to R2) and to hire the necessary consultants to prepare the EIR. Second by Councilmember Abdo. Councilmember Genser moved to extend the meeting to 12: 00 A. M. Second by Councilmember Jennings. The motion was unanimously approved. Discussion continued. councilmember Jennings's motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane 2 November 21, 1989 383 Negative: councilmembers Katz, Reed Councilmember Katz requested the record to reflect that he voted "no" because he feels that staff should have the prerogative to not recommend downzoning. Councilmember Reed requested the record to reflect that she voted "no" because she does not feel that downzoning is an appropriate way to deal with the housing problem. Councilmember Genser moved that the hardship exemption be conditioned upon meeting standards that are set forth in the staff report. Second by Mayor Pro Tem Finkel. Discussion was held. Mayor Pro Tern Pinkel withdrew his second. The motion died for lack of a second. Mayor Zane moved to have staff evaluate, prior to the end of the moratorium, the following issues: 1) whether there are strategies which can be pursued to protect board and care homes: 2) whether there are additional design regulations to control lot consolidation and the potential for oversized developments because of consolidating the number of lotsi and 3) recommendations regarding increasing the amounts of guest parking. Second by Mayor Pro Tem Finkel. The motion was unanimously approved. 11-B: CLOSED SESSION: Not held. 13-B: PANHANDLING AND FILMING ON MAIN STREET: 14-1: MAIN STREET PARKING STRUCTURE: Presented was the request of Brandon McNeal to address Council on behalf of the Main Street Assessment District regarding panhandling and filming on Main Street, and issues regarding the Main Street Parking structure. Mayor Pro Tem Finkel moved to consolidate Item 14-1 with Item 13-B. Second by Councilmember Genser. The motion was unanimously approved. Brandon MacNeal, on behalf of the Main Street Assessment District, requested Council assistance in the following: 1) to not issue any film permits on Main Street until after January 1st, and that council direct staff to involve this organization in the permit process to the extent that each film permit be reviewed by the parking committee: 2) the deterrence of professional panhandlers in the area: 3) that no Council action be taken on the Main Street parking structure until the revisions to the Main street ordinance are completed. Council asked questions of Mr. MacNeal. Regarding Item 14-I, Councilmember Genser moved to direct staff to not take any further action with respect to the Main Street Parking Structure until after the completion of the Main Street planning process. Second by Mayor Pro Tem Finkel. Councilmember Katz moved a substitute motion to continue with the EIR, and that it be returned with no preferred alternatives. Second by Councilmember Abdo. The substitute motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Katz, Reed, Mayor Zane Jennings, Negative: Councilmembers Pinkel, Genser 3 November 21, 1989 384 Councilmember Genser requested the record to reflect that he voted "no" because he would prefer no action be taken until the completion of the draft plan by the Main street Task Force. Mayor Zane moved to direct staff to meet with the Chief of Police to evaluate the possibility of directing more foot patrols into all of the commercial areas of the City during the holiday season and that staff return to Council with a written report in two weeks, for Council consideration, if necessary. The motion was seconded and unanimously approved. Councilll1.ember Genser moved to extend the meeting to 12: 15 A.M. Second by Mayor Pro Tem Finkel. The motion was unanimously approved. Mayor Pro Tem Finkel, Councilmember Jennings~ and Councilmember Katz were excused from the meeting at 12:02 A.M. 13-C: DEVELOPMENT MODERATE INCOME HOUSING: Presented was the request of Joseph P. Sole to address Council regarding the unavailability of moderate-income housing. Mr. Sole urged Council to rezone the City, taking into consideration the need to preserve those areas which lend character to the city and aggressively develop the remaining areas. No Council action was taken on Mr. solels request. 13-E: COALITION OF SANTA MONICA HOMELESS: The request of Leonard M. Kuras to address the Council regarding The Coalition of Santa Monica Homeless was continued to the meeting of November 28, 1989, at the request of Council. 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 Abdo moved to approve the Consent Calendar with the exception of Item 6-BB, which was withdrawn at the request of Councilmember Genser, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Genser f Reed, Mayor Zane Absent: councilmembers Katz Finkel, Jennings, 6-CC: CONTRIBUTION TO AMERICAN RED CROSS DISASTER RELIEF FUND: The recommendation to contribute city funds to American Red Cross Disaster Relief fund was approved. END OF CONSENT CALENDAR 6-BB: EASEMENT AGREEMENT FOR OUTDOOR DINING AREA: The recommendation to authorize the City Manager to negotiate and execute an easement agreement for an outdoor dining area with OAB 4 November 21, 1989 385 Corporation, DBA I cugine Restaurant at 1501 Ocean Avenue, was continued to November 28, 1989, at the request of Council. 14-A: PEACE AND ECOLOGY COMMISSION: The request of Mayor Pro Tempore Finkel to discuss directing the City Attorney to prepare an ordinance creating a Peace and Ecology Commission was continued to the meeting of November 28, 1989, at his request. 14-F: AMENDMENT TO ZONING ORDINANCE: The request of Councilmember Katz to discuss having staff return with an amendment to zoning ordinance changing donut shops from "retail" to "fast food" was continued to the meeting of November 28, 1989, at his request. 14-G: PRESERVATION OF OLDER HOMES: The request of Mayor Zane to discuss strategies to protect older homes in residential areas which may be historic or cultural resources, including a possible moratorium on the demolition of pre-1940 buildings, was continued to the meeting of November 28, 1989, at his request. 14-H: RESIDENTIAL HEIGHT LIMITS: The request of Mayor Zane to discuss examination of setting residential height limits by reference to adjacent buildings was continued to the meeting of November 28, 1989, at his request. 14-1: MAIN STREET PARKING STRUCTURE: The request of Counci1member Genser to discuss the Main Street Parking Structure and to postpone its environmental review was considered with Item 13-B, (see above). 14-J: WAIVING FEES FOR USE OF CIVIC AUDITORIUM: The request of Councilmember Katz to discuss waiving fees for the use of civic Auditorium by the Vineyard Fellowship on Thanksgiving Day was withdrawn at his request. 15: PUBLIC INPUT: address Council. There no members of the public wishing to ADJOURNMENT: At 12:10 A.M., the City Council meeting was adjourned to November 28, 1989, at 6:00 p.m., in memory of Margot Leburg. ATTEST: APPROVED: ./ /~ fiY ~Z~:U-<<JL. ~ ISO-->- -/~~#'-- ~ /,.- - - . Clarice E. Johnsen City Clerk Dennis Zane Mayor 5 November 21, 1989