Loading...
M-3/1/1994 I I I 48 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. 1 March 1, 1994 49 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 2 March 1, 1994 I I I I I I 50 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 3 March 1, 1994 51 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 I 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 4 March 1, 1994 I I I I 52 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 5 March 1, 1994 53 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 I 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 6 March 1, 1994 I I I I 54 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 ...... ~ . -- ~ 7 March 1, 1994