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M-4/7/1992 218 CITY' OF SANTA MONICA CITY' COUNCIL MINUTES I APRIL 7, 1992 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Genser at 7:42 P.M. on Tuesday, April 7, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: city Manager John Jalili city Attorney Robert M. Myers city Clerk Clarice E. Dykhouse Councilmember Zane led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. Mayor Pro Tempore Abdo moved to consolidate Item Nos. 8-A and 9-A. Second by Councilmember Holbrook. The motion was I unanimously approved. Mayor Pro Tempore Abdo moved to hear the pUblic for three minutes each for Item Nos. a-A and 9-A. Second by Mayor Genser. The motion was unanimously approved. a-A: PROHIBITION OF ENCAMPMENT IN PUBLIC PLACES: Presented was an ordinance for introduction and first reading adding section 4202B in the Santa Monica Municipal Code prohibiting encampment in public places, to be considered with Item 9-A. 9-A: TASK FORCE ON HOMELESSNESS: Presented was the recommendation to approve the implementation schedule of the Task Force on Homelessness: introduction of an ordinance for first reading prohibiting encampments; and direction to the Planning Commission to develop an interim ordinance to facilitate the development of affordable housing and shelter in Santa Monica. Presented was the staff report for Item Nos. 8-A and 9-A, above. Council asked questions of staff. Members of the Task Force on Homelessness addressed Council. At 9:06 P.M., Mayor Genser declared the public hearing open. Member of the public Jan Ludwinski spoke in support of an encampment initiative. Member of the commission on the status of Women Michele Wittig spoke in support of the recommendations. Members of the public Gary Blasi I and James Lafferty spoke in opposition to the encampment ordinance. Members of the public Emily Seiler, Robert Rudd, and Geraldine Moyle spoke in support of the affordable housing 1 April 7, 1992 I I I 219 ordinance. Members of the public Scott Meehan and Doug Brown spoke in support of the encampment ordinance. Members of the public Florence Thurlow and Walt Reynolds made suggestions. Member of the public Joy Fullmer expressed her concerns. Member of the public Chaz Gaddie spoke in opposition to the FAITH meal program in commercial areas. At 10:02 P.M., Council adjourned for a short recess. reconvened at 10:27 P.M. with all members present. Council 8-A & 9-A: RESUMED: Member of the public Brenda Ferrerra spoke in opposition to the FAITH meal program in commercial areas. Member of the public Walter Sparks spoke in support of the recommendations. Members of the pUblic Martin Katz, Peter Marx, Richard Novak, John Smith, and Lisa Alvarez spoke in opposition to the encampment ordinance. Member of the public Jean Sedillos spoke in support of the encampment initiative. Member of the public Chris Harding spoke in support of the affordable housing ordinance. Councilmember Olsen moved to extend the meeting to 12: 30 A.M. Second by Councilmember Katz. The motion was unanimously approved. Members of the pub I ic Anita Jacobson and Richard Knickerbocker spoke in opposition to the FAITH meal program in commercial areas. Members of the public Sheila Kuehl, John Given, and John Zinner, spoke in support of the affordable housing ordinance. Member of the public Lisa Olsen asked for a definition of "prolonged periOd." Member of the public Donna Alvarez spoke in opposition to the expenditure of public funds on homeless programs. Member of the public Bernice deLeon spoke in support of shelter for the homeless. Member of the public Suzanne Brewer encouraged the adoption of an encampment ordinance on an urgency basis. Members of the public Leonard Kuras, Ethel Gullette, Ronald Vaughan, Jymm Nelson, Julie Lopez Dad, and Karl Manheim spoke in opposition to the encampment ordinance. Member of the public Diane Simpson spoke in support of the encampment ordinance and in opposition to altering the zoning code to facilitate shelters. Member of the public Leigh Kavanaugh spoke in support of the encampment ordinance. Members of the public Paul Rosenstein and Toby Lieberman spoke in support of the recommendations. Member of the public Beloved Quail expressed his concerns. Member of the public Elena Popp spoke in support of the maintenance of the FAITH program and in opposition to the encampment ordinance. Member of the public Anne Murphy spoke in support of the affordable housing ordinance and in opposition to the encampment ordinance. Member of the public Franceye Smi th spoke in support of the recommendations. Member of the public Art Casillas expressed his concerns. Councilmember Zane moved to hear late speakers for two minutes each. Second by Councilmember Vazquez. The motion was unanimously approved. 2 April 7, 1992 220 Member of the public Dave Maltz spoke in opposition to the encampment ordinance; Member of the public Jay Rafye spoke in support of the affordable housing ordinance. councilmember Zane moved to extend the meeting to 1:00 A.M. The motion was duly seconded and unanimously approved. Mayor Pro Tempore Abdo moved to reaffirm the approval in concept of the Task Force on Homelessness report; approve the removal of barriers to affordable housing, as appropriate, particularly around parking standards, the lengthy process procedures, and the costly permit fees; direct the Planning commission to develop appropriate amendments to the zoning ordinance and to submit those recommendations to the Council for an interim ordinance within 45 days, with recommendations returned by the Planning commission to be consistent with the principles and recommendations of the Task Force on Homelessness report: direct the City Attorney, the Land Use and Transportation Management staff, and the CED staff to work together to develop a draft interim ordinance, based on the Council's actions this evening, which would be presented to the Planning Commission as soon as possible with copies of the draft being made available to the publ ic, the Council, and the Task Force as soon as they are distributed to the Planning Commission; direct that the draft ordinance incorporate the original draft emergency ordinance and that the alternative standards in Attachment IV be incorporated into that interim ordinance with the addition of adding congregate housing and SRO housing in Item No. 3 so that these types of housing are subject to the same procedural requirements as other types of multi-family rental housing in the same zones. Second by Mayor Genser. Discussion was held. Mayor Pro Tempore Abdo moved to amend her motion to include adoption of Resolution No. 8375(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING PLANNING, ZONING AND LAND USE FEES," reading by title only and waiving further reading thereof. The motion was accepted as friendly. Discussion was held. Councilmember Katz moved to amend the motion to direct the Planning Commission and staff to do an analysis of appropriate parking in Santa Monica. The motion was accepted as friendly with the understanding that Mayor Pro Tempore Abdo believes that the parking standards as proposed are appropriate. Councilmember Katz moved to amend the motion that Planning Commission discuss, and staff return, with information regarding setbacks and maintain the character of the neighborhoods. The motion was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Katz, Holbrook, Abdo, Mayor Genser At 12:40 A.M. council adjourned for a short recess. reconvened at 12:45 A.M., with all members present. council a-A & 9-A: RESUMED: Discussion was held. Councilmember Zane moved to extend the meeting to 1:30 A.M. Second by Councilmember Katz. The motion was unanimously approved. Discussion 3 April 7, 1992 I I I I I I 221 continued. Mayor Genser moved to introduce the encampment ordinance for first reading with the change in section 4202B(a), line 12, to read, "...all the circumstances, including the quantity of belongings or...11 Discussion was held. Second by Councilmember Olsen. Councilmember Katz moved a substitute motion to introduce the encampment ordinance for first reading with the change in Section 4202B(a), line 12, above, and also with the change in section 4202B(a), line 6, to read, 1I...0r public street uses or possessing or storing personal..." Second by Councilmember Holbrook. Discussion was held. Councilmember Zane moved to extend the meeting to 2:00 A.M. Second by Councilmember Holbrook. The motion was unanimously approved. Discussion continued. Councilmember Katz withdrew his substitute motion. Discussion was held. Mayor Pro Tempore Abdo moved an amended motion to insert the words "the samell in place of the word "all in section 4202B(a), line 4, so that the line will read, ". . . shall mean remaining in the same public place or public street for..." and inserting the word IIsame" in section 4202B(a), line 14, after the word "the/ll so that the line will readl 1I...is otherwise using the same public space or public street for living. . ." Second by Councilmember Zane. Discussion was held. The amended motion failed by the following vote: Council vote: Affirmative: Councilmembers Abdo, Vazquez I Zane Negative: Councilmembers Holbrookl Katz I Olsen, Mayor Genser Mayor Pro Tempore Abdo moved to strike the words "or extra clothing or other personal items," from Section 4202B (a), lines 10 and 11. Second by Councilmember Vazquez. Discussion was held. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Abdol Vazquez Negative: Councilmembers Holbrookl Katzl Olsen, Zane, Mayor Genser Discussion was held. Mayor Genser moved to extend the meeting to 2:05 A.M. Second by Councilmember Olsen. The motion was approved I Councilmember Katz opposed. The main motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katzl Olsenl Zane, Mayor Genser Negative: Councilmembers Abdo, Vazquez Mayor Pro Tempore Abdo requested that the record reflect that she voted "noli on this item because she feels that this ordinance is no longer an encampment ordinance but is rather an ordinance which says that the homeless are no longer allowed in the city. Councilmember Vazquez requested that the record reflect that he voted tlno" on this item because he feels that this ordinance singles out certain people and this is not an appropriate policy 4 April 7, 1992 222 to be made and, further, this ordinance does not address the important issues of affordable housing and other items which will be implemented through the program. By virtue of the above action, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4202B TO THE ENCAMPMENTS IN PUBLIC PLACES," as amended, was introduced for first reading by title only. Councilmember Holbrook moved to continue the remaining items contained in Item 9-A as a "5" item, for discussion only, with no public discussion permitted, to the meeting of April 14, 1992. Second by Mayor Genser. The motion was unanimously approved. 9-B: CLOSED SESSION: Not held. ADJOURNMENT: At 2:05 A.M., the meeting was adjourned. A~J4~~ ~Clarice E. Dykhouse City Clerk APPROVED: 5 April 7, 1992 I I I