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M-3/16/1993 I I I 29 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 16, 1993 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Abdo at 6:42 P.M. on Tuesday, March 16, 1993, 1n the Councll Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez (arr1ved at 6:45 P.M ) Councllmember Ken Genser Councllmember Asha Greenberg (arrlved at 6:46 P.M.) Councilmember Robert T. Holbrook Councilmember Kelly Olsen Councilmember Paul Rosenstein Also Present. City Manager John Jalili Actlng City Attorney Joe Lawrence Clty Clerk Clarice E. Dykhouse Council member Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 5 -A: COMMERCIAL DEVELOPMENT STANDARDS PROGRAM ENVIRONMENTAL IMPACT REPORT: Presented was the recommendatlon to review Commercial Development Standards Program Environmental Impact Report and direction to the City Attorney to prepare implementlng ordinance Council asked questions of staff. Mayor Abdo moved to review the Commerclal Development Standards Program Environmental Impact Report, direct staff to prepare lmplementing ordinances (per Attachment "Drr of Supplement to 5-A dated March 16, 1993) on the Council's preferred standards, and, if necessary, direct staff to prepare additlonal environmental analys1s on the standards. Second by Councilmember Rosenstein. D1ScuSS1on was held. Councilmember Genser moved to amend the motion that the underlying zone be changed to residential for those areas that currently have development agreements (zoned C5) and are located ln the manufacturing zones which begln Just west of 20th Street and eastward to the east Clty limits. Discusslon was held. Councilmember Genser rephrased his motion for those parcels not currently built out, that there be zoning on those sites WhlCh are not residentlal should they voluntarily choose not to exercise the1r rights under those development agreements; for the sites whlch are already bUllt out, should they voluntarily choose to replace the buildlngs, that the zonlng be designated as housing. Mayor Abdo accepted the amendment as frlendly with the understandlng that this lS merely to study the issues. CounCllmember Genser moved to amend the motlon that the remainder of the area (on the map displayed, largely the green zone and possibly the orange zone) be zoned M1jR&D at the current FAR of 1.0, that the permitted uses not exceed more than a 1 March 16, 1993 30 certaln percentage of office use and must be on the list of perm1tted uses, conslderation should be glven as to whether or not the offlce use is related to the non-office use. Discussion was held. The motion was accepted as friendly with the understanding that incidental housing will be allowed along Cent1nela. Discussion was held. Councilmember Rosenstein moved to amend the motion that lndustrial areas be studied for portions WhlCh are zoned commercial and WhlCh should not be required to become industrlal should the parcel change use. The mot1on was accepted as friendly D1Scussion was held. CounCl1member Holbrook moved to amend the motion that the orange areas (M1 and the M1 mentioned by Councilmember Genser) be included in the M1/R&D d1strict. Second by Councilmember Greenberg. Discussion was held. The motlon failed by the following vote: I CounCl1 vote: Affirmat1ve. Councilmembers Holbrook, Greenberg Negative: Councilmembers Vazquez, Rosenstein, Olsen, Genser, Mayor Abdo Councl1member Genser moved to amend the motion to d~rect staff to study the orange areas (three areas) to see if the econom1CS and optlons for determining the boundaries are in the zoning rules which may allow housing 1n the area, excludlng the Gas Company property. Discussion was held. Councilmember Greenberg moved to amend the amendment to also study the feasibility of the compatibility of residential with existing uses In the stated I area. Discussion was held. The amendments were accepted as friendly. Councllmember Genser moved to amend the motion that City yards be designated PL zone. The motion was accepted as friendly. Counc~lmember Rosenstein moved to amend the motion to direct staff to study the small areas west of 20th Street which are presently zoned industrial and may be appropriate for housing. Discussion was held. The motion was accepted as friendly. Councilmember Genser moved to direct staff to clarify whether the M1 zones as defined in the M1/R&D zones, and whether the M1 zones to the west (which are currently yellow on the map) should also have the new designat1on. The motion was accepted as friendly. At 9: 30 P. M. , Council adj ourned for a short recess. reconvened at 9:55 P.M. with all members present Councll 5-A (RESUMED): Discussion was held. Counc1lmember Genser moved to amend the motion that the amount of commercial area be llmited on 6th Street and 7th Street by having no commercial uses above the 2nd floor and residentlal for 3rd and 4th floors with an FAR of between 1.0 and 1.25. Second by Councilmember Olsen. Discusslon was held. Councilmember Holbrook moved to stop dlScusslon on this ltem at this time and resume the meetlng tomorrow at 6:30 P M Second by CounCllmember Greenberg. Discussion was held. Mayor Abdo moved a Substltute motion to I extend the meeting to 11:30 P.M. Second by Councilmember Olsen. The motion was unanimously approved. Councilmernber Holbrook wlthdrew his motlon. Discussion was held. CounCl1member Genser's motion failed by the followlng vote: 2 March 16, 1993 31 Council vote: AffJ.mative: Councilmembers Vazquez, Olsen, I Genser Negative: Councilmembers Holbrook, Greenberg, Mayor Abdo Abstain: Councilmember Rosenstein I I DiscussJ.on was held. Mayor Abdo moved to amend her mot1on to approve the staff recommendat1on with the following changes in the following zones: Ml, Ml/R&D, C5, and C3C. The mot1on was accepted as friendly. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Counc1lmember Holbrook moved to approve staff recommendation wlth regard to the C2 zone. Second by Councilmember Greenberg. DiscussJ.on was held. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Greenberg NegatJ.ve: Councilmembers Vazquez, RosensteJ.n, Olsen, Genser, Mayor Abdo Discussion was held. By council consent, discuss10n on this ltem was continued to the meeting of March 23, 1993. 8-A: EXTENSION OF MORATORIA: Presented were emergency ordinances for introductJ.on and adoption: extending for one year, Ordinance No. 1581(CCS) extending the moratorium on construction of basements and underground garages beneath required yards in the R-l Zone District, OrdJ.nance No. 1628 (CCS) modifying the development standards in the OP-2 Zoning DistrJ.ct, OrdJ.nance No. 1629 (CCS) modifY1ng the development standards 1n the R2R District and Ordinance No. 1632 (CCS) extending the interim ord1nance related to permitted encroachment into unexcavated portions of required front and side yard setbacks; and renewJ.ng and extending for 45 days Ord1nance No. 1595 (CCS) revising development standards along Ocean Park Boulevard between Lincoln Boulevard and 25th Street. Council asked questions of staff At 10:55 P.M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Member of the public Mrs. Han spoke in opposition to extending the moratorium on Ordinance No 1595 (CCS) . Mayor Abdo closed the public hearing at 11:03 P.M. Councllmember Holbrook moved to adopt Ordinance No. 1672 (CCS) entitled: llAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES BENEATH REQUIRED YARDS IN THE R-l ZONE DISTRICT AND DECLARING THE PRESENCE OF AN EMERGENCY, 11 reading by title only and waivlng further reading thereof. Second by Mayor Pro Tempore Vazquez The motion was approved by the following vote: CounCJ.l vote: Unanimously approved 7-0 3 March 16, 1993 32 Councilmember Holbrook moved to adopt Ordinance No. 1673 (CCS) entltled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE OP-2 ZONING DISTRICT ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiv1.ng further readlng thereof. Second by Councilmember Greenberg The mot1.on was approved by the followlng vote: I Council vote: Unan1.mously approved 7-0 Counc1. lmember Genser excused h1.mself from deliberations on Ordlnance No. 1674(CCS) due to a possible conflict of lnterest. Counc il member Holbrook moved to adopt Ordinance No. 1674 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE R2R DISTRICT ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by tltle only and WalV1.ng further reading thereof. Second by Councilmember Greenberg. The motlon was approved by the fOllowing vote: Council vote: Affirmative: Councilmembers Greenberg, Holbrook, Olsen, Rosenstein, Vazquez, Mayor Abdo Absent: Councilmember Genser At 11:05 P.M., Councilmember Genser returned to the dais. I Councilmember Holbrook moved to adopt Ordinance No 1675 (CCS) entitled: llAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INTERIM ORDINANCE RELATED TO PERMITTED ENCROACHMENT INTO UNEXCAVATED PORTIONS OF REQUIRED FRONT AND SIDE YARD SETBACKS AND DECLARING THE PRESENCE OF AN EMERGENCY," readlng by tltle only and waiving further reading thereof. Second by Councllmember Greenberg The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Holbrook moved to adopt Ord1.nance No. 1676 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING DEVELOPMENT STANDARDS ALONG OCEAN PARK BOULEVARD BETWEEN LINCOLN BOULEVARD AND 25TH STREET ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further read1.ng thereof. Second by Mayor Pro Tempore Vazquez. D1Scussion was held. The motion was approved by the follow1.ng vote: Council vote: Affirmative: Counc1.lmembers Genser, Holbrook, Olsen, Vazquez, Mayor Abdo Abstain, Councilmembers Greenberg, Rosensteln I 9-A: CLOSED SESSION: Held at end of meeting. 4 March 16, 1993 I I I 33 14-A: APPOINTMENT OF MEMBER/ARCHITECTURAL REVIEW BOARD: The appo~ntment of a member to the Arch~tectural Review Board was cont~nued to the meet~ng of March 23, 1993. 14-B: PROHIBITION OF PLACEMENT OF NEWSRACKS SELLING PORNOGRAPHIC MATERIALS: The request of Councilmember Greenberg to d~scuss directing the City Attorney to research the legal~ty of proh~b~t~ng the placement of newsracks sell~ng pornographic materials within 200 feet of l~brar~es, schools, places of worship, child care centers and parks was continued to the meet~ng of March 23, 1993. 14-C: SUPPORT OF AB 418/ADDITIONAL INCOME FOR CITY: Councilmember Olsen presented h~s request to discuss Council support for AB 418 introduced by Assemblymember Terry Fr~edman which would potentially provide the City with additional income. Councilmember Olsen moved to support AB 418. Second by Councilmember Genser. Discuss~on was held. Councilmember Rosenstein moved to continue th~s ~tem to the meeting of March 23, 1993. Second by Councilmember Greenberg The motlon fa~led. w~th CounCllmembers Genser, Olsen, Vazquez and Mayor Abdo vot~ng no. The ma~n motion was approved by the following vote: Council vote' Aff~rmative: Councilmembers Genser, Olsen, Vazquez, Mayor Abdo Negat~ve: Councilmember Greenberg Abstain: Councilmembers Holbrook, Rosenstein 15: PUBLIC INPUT: Member of the public Joy Fullmer discussed the need of housing for s~ngles and harassment of renters. Member of the public Adam Swendrak urged a boycott of The Outlook newspaper due to an article recently wr~tten about the Chlef of Police. Member of the public One Over Humanity discussed recent problems. Mayor Abdo moved to extend the meeting to 12:00 Mldnight. Second by Counc~lmember Olsen. The motlon was approved, Councilmember Rosenste~n opposed. 9-A: CLOSED SESSION' At 11:25 P.M , Council adjourned to Closed Session for the purpose of d~scuss~ng the follow~ng pending cases: Rubin v. C~ty of Santa Monica, United States D~strict Court Case No. CV 93-1255-LBj Murphy v. City of Santa Monica, United States District Court Case No CV 91-6753-MRPi pickett v. Burgess, Un~ted States District Court Case No. CV 92-2070-WMB. Council reconvened at 12:33 A.M. w~th all members present. Mayor Abdo announced there was no action taken. 5 March 16, 1993 34 ADJOURNMENT. At l2.35 A.M., the meet1ng was adjourned. ATTEST: //~~~ Clarice E. Dykhouse C1ty Clerk APPROVED: I f~dr6 Judy Abdo Mayor I I 6 March l6, 1993