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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 1, 1994
An adjourned meeting of the Santa MOllica City CouncIl was called to order by Mayor Abdo
at 6 25 P M on Tuesday, March 1, 1994, in the Council Chambers
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore AntOlliO Vazquez
Counctlmember Ken Genser
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
(arrived at 6:37 PM.)
Counctlmember Kelly Olsen
(arrIved at 6:26 PM)
Councllmember Paul Rosenstem
Also Present. CIty Manager John Jahh
CIty Attorney Marsha Jones Moutne
City Clerk Clarice E. Dykhouse
Counctlmember Rosenstem led the assemblage in the Pledge of Allegiance to the Flag of the
United States of America
CouncIlmember Olsen arrIved at 6:26 P.M
6. CONSENT CALENDAR Presented was the Consent Calendar, whereby all items are
consIdered and approved m one motIon unless removed from the calendar for dIScussion
Mayor Pro Tempore Vazquez moved to approve the Consent Calendar, readmg resolutions
and ordmances by tItle only and waivmg further reading thereof Second by Councilmember
Rosenstem The motIon was approved by the followmg vote
CouncIl vote AffIrmatIve' Councilmembers Genser, Greenberg, Olsen, Rosenstem,
Vazquez, Mayor Abdo
Absent
CouncIlmember Holbrook
6-A: LOAN/OCEAN PARK COMMUNITY CENTER/TRANSITIONAL HOUSING
PROJECT The City Manager was authorIZed to guarantee $320,000 of a $400,000 loan for
Ocean Park Commumty Center's (OPCC) transItional housmg project on behalf of the City
of Santa Momca OPCC will pay back the loan to the UHF prIor to other loan obligatIOns,
WIth the exception of monthly mortgage payments.
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END OF CONSENT CALENDAR
9-A: REPAIR AND RECONSTRUCTION/COMMERCIAL STRUCTURES/
NORTHRIDGE EARTHQUAKE: Presented was the staff report recommending
consIderatIOn of polIcies concerning repaIr and reconstruction of commercIal structures
damaged from the January 17, 1994. Northndge Earthquake and aftershocks
CouncIlmember Holbrook reported present at 6.37 P M Council asked questIons of staff
Members of the publIc Melissa Landms and David LeWIS dIscussed the struggles of small
busmesses dunng tlus tnne and m support of the staff recommendation. Member of the
public Tom Pyne dIscuSSed the needs ofSt John's Hospital for repairs and reconstructIon and
a correspondmg tunelme. Member of the publIc David Hibbert spoke in support of the staff
recommendatIOn and discussed possible changes. Member of the publIc Joy Fullmer
expressed her concerns. Member of the publIc Pam O'Connor discussed the Importance of
histonc resources and the importance of dlscouragmg demolition and encouraging
reconstructIon. CounCIl asked questIons of staff. Discussion was held CouncIlmember
Greenberg moved to approve the staff recommendation and resolve the polley considerations
as follows 1) permit non-conformmg uses to be restored; 2} allow new owners who
purchased the property after the earthquake to use reconstructIOn opportumties, 3) establIsh
a speCIfIC tnne frame for repaIrs in order to encourage people to rebUIld and suggested that
that tnne penod be two years, 4) not reqUIre addItIonal parking for structures that would
remove more than 70% of the extenor walls; 5) commercial bUIldmgs that exceed the
penrutted denSIty by more than 150% and are over four stories in height be permItted to be
restored to the ongmal condItIOn If demolition occurs; 6) buildmg permIts for the replacement
project not be approved pnor to the demolitIon of the damaged structure, and 7) modify
constructIon for earthquake-related repaIrS from 7 00 A. M. to 8 00 P M Second by
CouncIlmember Holbrook DIscussion was held CouncIlmember Genser moved to amend
the motIon to amend construcl.1on hours from 700 A M to 7:00 P.M. on weekdays and 9:00
A M to 6 00 P M on weekends and nnpose a sunset clause that when the two-year period
is over constructIOn hours automatIcally revert to eXlstmg hours The motIon was accepted
as friendly. DIScussIon was held. Councllmember Genser moved to amend the motIon to
ask staff to do extra research on the parkIng Issue to report to Council and provide pOSSIble
substItute language for the proposed ordmance. The molion was accepted as fnendly.
CouncIlmember Gense! moved to amend the motIOn to ask staff to research whether or not
the CIty can grant commercial tenants the nght of first refusal The molIon was accepted as
fnendly DIscussion was held The motion was approved by the following vote.
CouncIl vote AffIrmatIve CouncIlmembers Vazquez, Olsen, Holbrook, Greenberg,
Genser, Mayor Abdo
Abstam Councilmember Rosenstem
At 8.29 PM. CounCIl adjourned for a short recess Council reconvened at 8.55 P M WIth
all members present
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March 1, 1994
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9-B: CLOSED SESSION Not held
At 9 00 PM, a SpecIal City Councll/Rent Control Board Jomt Meetmg was convened
City Council
Roll Call Present
Mayor Judy Abdo
Mayor Pro Tempore Antonio Vazquez
Councllmember Ken Genser
Councilmember Asha Greenberg
Councllmember Robert T Holbrook
Councllmember Kelly Olsen
Councllmember Paul Rosenstem
Also Present
City Manager John Jahh
City Attorney Marsha Jones Moutne
City Clerk Clarice E Dykhouse
Rent Control Board
Roll Call' Present:
Chair Jay Johnson
Comrmssioner Suzanne AbrescIa
Comnnssioner Lisa Borrino
ComnusslOner Lacy Goode
Commissioner Robert Niemann
Also Present
Mary Ann Yurkonis, Admimstrator
CC/RC-l: REPAIR AND RECONSTRUCTION/RESIDENTIAL STRUCTURES/
NORTHRIDGE EARTHQUAKE: Presented was the staff report recommendmg
consideration of pohcles concerrnng repair and reconstructlOn of resIdentlal structures
damaged from the January 17, 1994, N orthrldge Earthquake and aftershocks. Council/Rent
Control Board asked queStlons of staff. Member of the pubhc Joy Fullmer expressed her
concerns. Member of the pubhc Pam O'Connor urged Council to pursue State of Cahfornia
aSSIstance for the preservation and restoratIOn of multI-famlly histone hOUSlllg and landmark
bUlldmgs Member of the pubhc Donan Kmg discussed problems WIth rebUlldIng Member
of the pubhc Dave Paley dIscussed concerns aSSOCIated WIth preserving and renovating the
lustonc fabnc of Santa Monica wluch was damaged in the January 17th earthquake Member
of the pubhc John Jurenka discussed problems he 15 having WIth the Rent Control Board
Member of the public Ruth Sienich urged that the Rent Control Board be regulated In such
a way as to help low Income people Member of the public ChrIS Harding spoke In support
of the staff recommendatIon and made suggestlOns Member of the public Rosano Perry
encouraged the City to take a broader look at hOUSIng as a result of the earthquake and
suggested that all rental propertIes be retrofitted Member of the public Mary Tea discussed
problems expenenced because of the destruction of the apartment buildmg that she owns.
Member of the pubhc John Lykes dIscussed problems being faced by tenants WIth
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unscrupulous landlords Members of the publIc Sylvia Shmad and MIke Feinstein spoke In I
opposltlOn to the proposed pass-throughs Member of the public Carl Lambert dIscussed the
lfllportance of tImely actIon and made suggestions Member of the public Roman Bruno
pOInted out that If the bUlldmgs had been maIntamed better that the earthquake would not
have caused as much damage Mayor Abdo moved to hear the building code standards as a
separate motIon and discussion to be heard after the policy consIderatIOns due to the fact that
she has a COnflIct of Interest on tlus portIOn Second by Counclhnember RosensteIn. The
motion was unanunously approved. CouncIl asked questIons of staff. Mayor Abdo moved,
on behalf of the City CouncIl, to accept the staff recommendatIon WIth the exception of the
buIldIng code standards Second by CouncIlmember Genser. DIscussIOn was held The
motIon was approved by the follOWIng vote:
Council vote Affirmative, Councllmembers Genser, Greenberg, Holbrook, Olsen,
Rosenstein, Vazquez, Mayor Abdo
Discussion was held Mayor Abdo moved, on behalf of the CIty Council, to permit densIty
bonuses for reSidentIal projects that provIde more than the required 15% or 30% on-
SIte affordable units Second by Councilmember RosensteIn. DISCUSSIon was held,
Councllmember Genser moved to amend the motIon that staff explore the use of density
bonuses for reSIdentIal projects that proVIde more than the required 15% or 30% on-site
affordable uruts The motion was accepted as fnendly Comnussioner Bornno moved to
amend the motIon that staff study the pOSSIbIlity of utIlIZIng the denSIty bonus to allow an
addItIonal urnt In lieu of an additIonal bedroom The motIon was accepted as fnendly
Councllmember RosensteIn moved to extend the meeting to 11:30 P.M. and reevaluate every
half-hour as necessary whether or not to continue the meetIng. Second by Mayor Abdo The
motIon was unannnously approved. DISCUSSIon was held The motIon was approved by the
follOWIng vote
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CouncIl vote AffIrmatIve CouncIlmembers Genser, Greenberg, Holbrook, Olsen,
Rosenstem, Vazquez, Mayor Abdo
Mayor Abdo moved to allow reconstructIon opportunitIes to apply to an owner who purchased
the property after the earthquake Second by Councilmember Greenberg The motion was
unammously approved,
Mayor Abdo moved to estabhsh a speCIfic time frame of two years for reparrs to be made in
order to qualIfy for the zornng ordInance exemptIOns and expedited permIt process and asked
staff to determIne whether or not two years is an appropriate time penod. Second by
CouncIlmember Greenberg DISCUSSIon was held Councllmember RosensteIn moved to
amend the motlOn to establish tune IlfllItS for staff to process the above. The motion was
accepted as frIendly CouncIlmember Genser moved to allow for leniency in dealIng WIth
tIme limits The motIon was accepted as friendly The motIon was unanimously approved
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Mayor Abdo moved that addlt10nal parkmg not be requued for structures that will remove
more than 70% of the exterior walls Second by Counctlmember Greenberg
Counctlmember Genser moved to amend the motIOn that staff study whether or not additional
parkmg should be requIred for structures that WIll remove more than 70 % of the exterior
walls The motIon was accepted as fnendly The motton was unanimously approved
Mayor Abdo moved that a buildmg permit for the replacement project be approved prior to
the demolItIon of the damaged structure Second by Mayor Pro Tempore Vazquez.
DISCUSSIon was held The motIon was approved by the following vote:
Counctl vote Affirmative: Counctlmembers Genser, Olsen, Rosenstem, Vazquez, Mayor
Abdo
Negative Councilmembers Greenberg, Holbrook
Mayor Abdo moved to modIfy constructIon hours for earthquake-related repaIrs on weekdays
from 800 A.M to 700 PM., and Saturdays from 9.00 A M. to 6:00 PM, with a two-year
sunset prOVISIon Second by Mayor Pro Tempore Vazquez The motion was unanimously
approved
Mayor Abdo moved that a tenant residmg In a residentIal urnt at the time of the earthquake
be given nght of first refusal once the bmldmg has been repaired or reconstructed. Second
by Mayor Pro Tempore Vazquez. DISCUSSion was held The motIOn was unammously
approved
CommiSSIOner Bornno moved, on behalf of the Rent Control Board, that the deed-restrIcted
umts under Category D removal pern1lts be affordable to households earmng 80% of medIan
income Second by Chair Johnson Discussion was held The motion was unanimously
approved by the Rent Control Board
CommISSIOner Abrescla moved that relocatIOn assistance for tenants dIsplaced by the
earthquake not be reqUIred. The motton was duly seconded. DISCUSSIon was held.
Councllmember Rosenstem moved to extend the meetmg to 12'00 Mldmght Second by
Mayor Pro Tempore Vazquez. The motIon was unanunously approved DISCUSSIOn
contmued The motIon was approved by the followmg vote
Rent Control Board vote
Affirmative
COIrumssIOners Abrescla, Bornno, NIemann, Charr
Johnson
Negative
COIrumssloner Goode
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Councllmember Rosenstelll moved that the pnmary goal be to emphasIZe programs that
encourage the repaIr of bUIldings and demohtion and reconstruction be a secondary goal I
Second by Councdmember Genser The motion was unanimously approved.
D1scuSSlOn was held
Councllmember Greenberg moved to ask staff to study PropoSItiOn R requirements to
determllle if there 1S some flexibility to encourage people to rebulld where they have to
rebuild and they have no choice but to rebUIld Second by Councllmember Holbrook The
motIOn faded by the foUowmg vote
Conned vote: Aff1rmatIve Councilmembers Greenberg, Holbrook
Neganve Councilmembers Genser, Olsen, Rosenstem, Vazquez, Mayor
Abdo
ComIlllSSlOner Borrmo moved that the Rent Board adopt staff recommendatIOns contained on
page 10 through page 12 of the staff report regardmg Category C removal pernuts and
streamhnmg the process Second by ChaIr Johnson, The motion was approved by the
followmg vote
Rem Control Board vote
Affirmat1ve Commissioners Abrescla, Borrino, Goode, N1emann, Cha1r Johnson
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D1scusslOn was held.
Mayor Abdo excused herself from the meetmg due to a poss1ble C0nf11ct of mterest and Chair
Johnson assumed the dut1es of chaumg the meeting
Counc1lmember Greenberg moved to approve the staff recommendation W1th regard to
bUIldmg code standards as follows. 1) When the estimated value of repair does not exceed
10% of the replacement value of the structure, the damaged portions must be restored to their
pre-d1saster cond1tion. Th1S apphes except when the damaged elements mc1ude suspended
cedmg systems, the ce1lmg systems must be repa1red and all bracmg reqUlred by the current
bUlldmg code must be mstalled, 2) When the estImated value of the repa1r is greater than
10% but less than 50% of the replacement value of the structure, the damaged elements, as
weU as the cnncal tles. supported elements and supportlllg elements assoclated with the
damaged elements, shall be repa1red and/or brought into conformance with the structural
requIrements of the current code, 3) When the estlillared value of repair 1S 50% or more of
the replacement value of the structure, the entlre structure shall be brought lllto conformance
wuh the structural requirements of the current code, 4) H1storic bUIldmgs included on a
natlOnal, state or local reg1ster of h1stonc places, or wlnch are quahfying structures w1thin
a recognIZed h1stonc d1stnct, wlnch have been damaged as a result of a d1saster, should have
an engllleenng evaluanon performed The IDlllllnum repalr criteria should comply W1th the
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above standards WIth due consIderation gIven to the Instoncal ratIng and nature of the
structure. AddItIonal standards and cntena, as noted In Part 8, Title 24, CalIfornIa Code of
RegulatIons, the State of CalifornIa Histone Building Code, should apply Where conflicts
eXIst between the above standards and the State of CalIforma HIstone BuildIng Code, the
HIstone BuildIng Code should apply Second by Councllmember Holbrook. Councilmember
Genser moved to amend the motIon to study other cltles' experiences in adoptIng codes winch
modIfy some of the hIstone bUIldmg codes for hIstone structures to determme If they are
appropnate for the City of Santa Monica The motlon was accepted as fnendly. The motIon
was approved by the followmg vote:
CouncIl vote AffIrmatIve Councilmembers Genser, Greenberg, Holbrook, Olsen,
Rosenstem, Vazquez
Absent.
Mayor Abdo
Mayor Abdo returned to the dIas and resumed chainng the meeting.
DIscusSIOn was held
At 11.45 PM, the SpeCIal CIty Council/Rent Control Board SpecIal Jomt MeetIng was
adjOurned and the CIty Council MeetIng was reconvened
14-A: SUPPORT/ASSEMBLY BILL 2638/PENALTY ENHANCEMENT/SELLING
DRUGS IN PUBLIC PARKS AND OCEAN-FRONT BEACHES Presented was the
request of CouncIlmember Genser to dISCUSS support of Assembly Bill 2638 requiring a one-
year penalty enhancement for those found guIlty of sellIng drugs In public parks and ocean-
front beaches CouncIlmember Genser moved to ask the Mayor to send a letter supportmg
AB2638 Second by Council member Olsen, The motlon was unarumously approved
15: PUBLIC INPUT. Member of the publIc Joy Fullmer expressed her concerns WIth Item
No 14-A.
ADJOURNMENT At 11 50 P.M., the meeting was adjourned
ATTEST:
;~E4~
~ldnce' E- Dykho.use
_ ~Ity 5~.lef!" _ _-
APPROVED
~..~ lit
Jul:ly Abdo
Mayor
......
~
. --
~
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