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M-8/18/1998 I I I 659 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 18, 1998 A regular adjourned meetmg of the Santa Momca CIty CouncIl was called to order by Mayor Holbrook at 630 pm, on Tuesday, August 18, 1998, m the Councd Chambers Roll Call Present Mayor Robert T Holbrook Mayor Pro Tern Pam O'Connor Counctlmember Ruth Ebner Counctlmember Michael Femstem Councllmember Ken Genser Counetlmember Asha Greenberg Counctlmember Paul Rosenstem Also Present CIty Manager John Jahh CIty Attorney Marsha Jones Moutne Cay Clerk Maria M Stewart CLOSED SESSIONS CLOSED SESSIONS At 6 30 pm. CouncIl adjourned to Closed SessIOn to conSIder the followmg 16-A Conference with Legal Counsel - Existing Litigation Bret Carr v S:MPD. City of Santa Momca. et ai, Case No 97- 8765 HLH (Ex) ACTION No reportable actIon taken 16-B Conference with Legal Counsel - Existing Litigation Cltv of Santa Momea v. Andrew Mark Lessman. et aL Case No BC 191657 ACTION No reportable actlOn taken 16-C Conference with Legal Counsel - Existing Litigation RIn!! Tradm!! COrD. v. CltV of Santa Momca. Case No BX ~ - - - 172044 ACTION Not heard 1 August 18, 1998 RECONVENE-PLEDGE REQUEST TO HEAR OUT OF ORDER PUBLIC INPUT TEXACO STATION: RE- CONSIDERATION DEVELOPMENT STANDARDS FORR-l DISTRICT NORTH OF MONTANA 660 16-D Conference wIth Legal Counsel - Anticipated Litigation l\umber of cases Two I ACTION No reportable actIOn taken Council reconvened at 7 15 pm, with all Councllmembers present Councilmember Greenberg led the assemblage m the Pledge of Allegiance to the Flag of the Umted States of Arnenca MotIOn bv Mavor Holbrook. seconded bv Mavor Pro Tern .. - . - ~ O'Connor, to hear member of the publIc Ron Schurr under public input at thiS time, due to his time constramts The motion was approved by VOice vote, Councilmember Genser abstammg 15 PlirBLIC INPUT Member of the pubhc Ron Schurr discussed the hours of operation of the parkmg meters on Mam Street Request referred to staff 7-A RECONSIDERATION OF PLANNING COMMISSION APPROVAL OF ADDmON OF CONVENIENCE STORE TO EXISTING GAS STATION AT 1410 PICO BOULEVARD (TEXACO) MotIOn by Councllmember Rosenstem. seconded by Councilmember Genser, to continue thiS Item at the request of the apphcant to a future meetmg and directed staff to adequately notice the appropnate people The motion was unammously approved by VOice vote I 8-A DEVELOPMENT STANDARDS FOR R-I DISTRICT NORTH OF MONTANA AVENUE Presented was the staff report recommendmg adoptIOn of an Emergency Intenm Ordinance or mtroduct1on and first readmg of an Intenm Ordmance to estabhsh development standards for the R-l District north of Montana Avenue On order of the Mayor, the pubhc heanng was opened The followmg members of the pubhc spoke m opposition to the proposed ordinance Donna NOWicki, Aimee Goldberg, Michael Cieply, Rod Goldberg, Lori Nafshun, Norm Peterson, Paulette Kazdashean, and Hsuan- Ying Chou Member of the pubhc Joey Fullmer expressed her concerns 2 I August 18, 1998 I I I 661 The followmg members of the publIc spoke m support of the proposed ordmance Jean Sedlllos, Darrell Clarke, Harry Gewertz, Judy Gewertz, Donna Blake, Gdes Smith, Susan Ltesberg, David Laccen, Caldecot Chubb, Chuck Allord, Eldon Cotton, Victor Fresco, Gertrude Shmbane, BIll Blatt, Lee BIShop, and Robert Posek RECESS On order of the Mayor, the CIty Councd recessed at 9 29 pm, and reconvened at 955 pm, WIth all members present The followmg members of the publIc spoke m support of the proposed ordmance Jon SOOlllos, JIm Zukor, Guy Nutter, Dee Shutt, Dons Sosin, Lawrence Stone, and Sue Opdyke The followmg members of the publIc spoke m OppOSItIon to the proposed ordmance John Ruchinskas, Suzanne Barron, StarlIe Sokol, VIctor Hohne, J Charles, MarCIa nhng, and Chns Hardmg Member of the public Bnan Hutchmgs expressed hIS concerns MotlOn bv Mavor Pro Tern O'Connor. seconded bv - - - Counctlmember Femstein, to contmue the meetmg past 11 00 pm SubstItute motIon by Counctlmember Rosenstem, seconded by Counctlmember Femstein, to contmue the pubhc heanng after II 00 pm, and make a decIsIon as to the remamder of the meetmg when the public hearing has been concluded The motIon was unanimously approved by vOIce vote The followmg members of the pubhc spoke m oppositlOn to the proposed ordmance Ene Parlee, RIchard WIlks, Ten WIlks, John Staff, Charles Castaldi, Gary Torpy, Pamela Murphy, Robert Ramirez, and Lmdi Bemstem The follOWIng members of the pubhc spoke 10 support of the proposed ordmance Jule Lamm and Carolyn GUillot MotIon bv Counctlmember Femstem. seconded bv - - Counctlmember Genser. to hear late speakers for one minute each Substitute motIon bv Councilmember Rosenstem. seconded bv - - 3 August 18, 1998 COllnCllmember Ebner was excused at 11 50 pm RECESS 662 Mayor Pro Tern O'Connor to deal only wuh the business reqUIred to be dealt WIth thIS evemng and contmue everythmg I else untIl tomorrow mght and hear late speakers for one ffimute each Councllmembers F emstem and Genser wIthdrew theIr mouon The motion by Counctlmember Rosenstein was unanImously approved by VOIce vote The followmg members of the pubhc spoke m support of the proposed ordinance Mary Jo Stenger, Tony Stenger, Sue Edwards, and Peggy Cramer The followmg members of the public spoke m OppOSItion to the proposed ordmance Richard LutomnskI, Lee Fnedman, Roger Hartman, and Mahomed Mahomed There bemg no further speakers, the Mayor closed the public hearmg And continued dehberatlons to August 19, 1998, at 730 pm On order of the Mayor, the Cay Councll recessed at 12 10 am, and reconvened at 7 4S pm, on August 19, 199& I DiSCUSSIOn ensued relative to the proposed ordinance and Issues such as lot Size, buildIng envelope, set backs, mezzamnes, buildIng height, and accessory bUIldmgs Motion bv Councilmember Feinstein. seconded bv - - Counctlmember Genser, to adopt Emergency Interim Ordinance No 1921(CCS), entItled <<AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING DEVELOPMENT STANDARDS FOR THE Rl DISTRICT NORTH OF MONTANA AVENUE, DECLARING THE PRESENCE OF AN EMERGENCY,'- includIng the staff language as presented on August 18, 1998, With the exceptIOn of the language about lofts, mezzanInes, and uninhabitable floor spaces as included In Section 2 6(q), and includIng the language presented to CounCil this evenmg, as fonows A ModIfy Section 2 6(1) to read "Second Floor Square Footage The square footage of the second floor, mcluding the second floor of an accessory buildmg, shan not exceed I 4 August 18, 1998 I I I 663 26 percent of the parcel square footage AdditlOnally, second floor balconies or terraces shall not exceed 250 square feet" B ModIfy SectIon 2 60) to read "Projections No budding projectIons except chImneys, eaves, sills, conuces, and belt courses shall be permitted m any reqUIred SIde yard setback area " (No changes to current standards regardmg prOjectIons mto front and rear yard setback areas) c ModIfy SectIon 2 6(p) to read <<Accessory Buildings On comer lots, two story accessory bUIldIngs shall only be located on the mtenor sideyard and shall be developed m accordance with Code SectIons 9 04 10 02 110 and 904 14 110 Two story accessory bUlldmgs located on mtenor lots shall be developed In accordance With Code SectIons 9 04 1002 110 and 9 04 14 110 One story accessory bUIldings shall be developed m accordance WIth Code Sections 9 04 10 02 100, 9 04 10 02 110, and 904 14 110 " D Add Section 6 2(r) to the proposed ordmance to read as follows "Additional Side Stepback Above 21 Feet in Height No portlon of the hUlldmg, except permItted proJectiOns, shall intersect a plane commencmg 21 feet In heIght at the mInimum sideyard setback and extendmg at an angle of 45 degrees from the vertIcal toward the interIor of the site" MotIon by Councdmember GenseL acce!lted as friendly, to amend the motIon to restore previous stepbacks and the flexlblhty to modIfy those standards, subject to Architectural ReVIew Board approval MotIOn by Councilmember Genser. acce!lted as fnendly, to amend the motIon to mclude language relatmg to volumes over 14-feet countmg agamst the second-floor floor area Motlon by Councdmember GenseL acce!lted as fnendly, to amend the motIon to mclude a pohcy for the front yard setbacks that they be based upon the two adjacent buddmgs, but no less than 20-feet and no less than the dIstnctmg map 5 August 18, 1998 664 Motion by Councilmember GenseL accepted as fnendly, to I amend the motion that second-story accessory buildings shall be by use permit MotIon by Mayor Holbrook. accepted as fnendly, to amend the motion that lot coverage may be mcreased to fifty percent if the structure IS one-story and does not exceed I8-feet m height, eXlstmg structures that are at fifty percent may not add a second story Motion by Mayor Holbrook. seconded by CouncIlmember F einstem, to amend the motIon to allow the second floor area to be 27 percent of lot coverage lllstead of 26 percent The amendment faded by the followmg vote Ayes CouncIlmembers F emstem, Rosenstein and l\!layor Holbrook Noes CouncIlmembers Genser, Greenberg, Mayor Pro Tern 0' Connor Abstam Counctlmember Ebner The mam motIon, as amended, was approved by the followmg vote I Ayes Councllmembers Rosenstem, Genser, Femstem, Mayor Pro Tem O'Connor, Mayor Holbrook Councilmembers Ebner, Greenberg None Noes Absent Counctlmember Greenberg requested that the record reflect whIle she IS m agreement Wlth most of the recommendatIOns she does not agree With hmlting the size of the second story and she would prefer to have an overall FAR Councllmember Ebner requested that the record reflect that she does not believe that thiS is a proper subject for an emergency ordmance and she has concerns With the notice and the mput from the commumty and to the community She expressed her behef that the community would be better served to have a more reasoned and intelligent approach to butldmg standards Councilmember Genser commended staff for their exceptional effort 6 August 18, 1998 I I I I RECESS REPORTS OF BOARDS AND COMMISSIONS RE.MOVAL OF COMMISSIONER WRITTEN COMl\'I: ALLEGED ADA VIOLATIONS COUNcn ,MEMBER DISCUSSION ITEMS 665 On order of the Mayor, the CIty CouncIl recessed at 10 41 pm, and reconvened at 10 53 pm, with all members present except Councllmember Ebner l1-A REMOVAL OF COMMISSIONER FROM SOCIAL SERVICES COMMISSION Presented was the request of the SOCIal Services Commission to remove a commiSSiOner from the Commission for non-attendance at monthly meetmgs MotIon bv CouncIlmember F emstem. seconded bv - - Councilmember Greenberg, to hear a speaker who is regIstered to speak and then continue the remamder of thIS Item to the meetmg of September 8, 1998 The motion was approved by VOice vote, Councilmember Genser opposed, CouncIlmember Ebner absent Member of the public Jerry Rubin spoke m support of the recommendatIon to remove a commiSSIoner from the Social ServIces CommIssion for non-attendance at monthly meetIngs Monon bv Councilmember F emsteIn. seconded bv . . Councllmember Greenberg, to amend the monon to return thIS as a 5-item on September 8, 1998 The motiOn was approved, Councdmember Genser and Mayor Pro Tern O'Connor opposed, Councilmember Ebner absent 13-A VIDEO REGARDING SANTA MONICA COMMUNITY CORPORATION AND ADA VIOLATIONS Motion bv Mavor Holbrook:. dulv seconded. to receive and file - - . - . the mfonnation and have the VIdeo relatmg to the Santa Momca Commumty CorporatiOn and ADA ViOlations, as prepared by Pro Se, sent to the Councd office for vlewmg by councll members The motIon was unanImously approved by VOIce vote, Counctlmember Ebner absent 14-A APPOINTMENT TO BA YSIDE DISTRICT CORPORATION ThIS item was contmued to the meetmg of September 8, 1998 EXAMINATION OF 14-B EXAMINATION OF HOUSING RELOCATION HOUSING RELOCATION POLICIES Presented was the request of Councilmember POLICIES FemsteIn to dIrect staff to examme the City's hOUSIng relocation 7 August 18, 1998 -- Councllmember Greenberg was excused at 11 05 p.m DOWNTOWN OUTDOOR TRANSIT MALL 666 pohcles, mcludmg the level of fees mvolved and assocIated notlcmg requlfements I Member ofthe pubhc EIleen Hecht made suggestions as to possIble mltIgatlOn measures relatmg to tenant relocatIon during reconstructIon Member of the pubhc Howard Jacobs spoke regardIng the difficulty of balancmg the needs of the commumty and the property owners and the need to mItigate the inconvemence to tenantsdunngreconstructlon MotlOn bv CouncIlmember FeInsteIn. seconded bv - - CouncIlmember ~ms.er, to ask staff to examIne and report on a vanety of factors Involved around remodehng of eXIstIng apartment buIldings that affect the quahty of hfe dunng the remodel, Including the notIcIng process, the mechanism for complamts, the gain or loss of amemtles, constructIon mItIgations, fees for both temporary and permanent relocatIOn, as well as optIons for relocation on- or off-sIte, and meetIngs WIth tenants to dISCUSS the condItions Involved dunng the renovatIon Motion by CouncIlmember GenseL acce!rted as fri~4Iy, to I amend the motion to ask staff to determine If there IS anything that CouncIl should do to address the Issue of tenants lOSIng theIr affordable rent controlled apartments because of the mconvemence of hVIng there The motIon, as amended, was unanimously approved by VOlCe vote, CouncIlmembers Ebner and Greenberg absent 14-C POSSffiLE SUSPENSION OF WORK ON DOWNTOWN OUTDOOR TRANSIT MALL Presented was the request of Councdmember Rosenstem that CounCIl hold a hearIng to determIne If work should be suspended on the downtown outdoor tranSIt mall due to the posslblhty of unsavory estabhshments, specIfically a Hooter's Restaurant, comIng to Santa Momca Boulevard Motion by CouncIlmember FeInstem. seconded by Mayor Pro Tern O'Connor, to contmue the meetIng past 11 00 P m The motIon was unanImously approved, Councdmembers Ebner and Greenberg absent I The follOWIng members of the public spoke in oppositIon to the proposal Marios Savvldes, owner of the proposed site, and Larry Klinghoffer, and Fred GlIck, representing Hooter's Restaurant 8 August 18, 1998 I I I RESEARCH - LABOR CODE VIOLA nONS PUBLIC INPUT ADJOURNl\fENT 667 Councilmember RosensteIn withdrew hIS request In order to conduct further research 14-D HIRING OF SERVERS OF ONLY ONE GENDER WITH CERTAIN PHYSICAL ATTRIBUTES Presented was the request of Councilmember Rosenstein to request that CouncIl dIrect the CIty Attorney to research whether any laws would be violated if a restaurant hires as servers people of only one gender and WIth certam phYSIcal attrIbutes Member of the publtc Jerry RubIn spoke In support of the request Motion bv CouncIlmember Rosenstein. seconded bv ~ - Councllmember Genser. to request the CIty Attorney to research and report back to Counctl as to whether any laws would be VIolated If a restaurant hires as servers people of only one gender and WIth certain phYSICal attributes and whether there may be any legislatIon for conSIderatIon to be adopted III the City of Santa Monica WIth regard to thiS Issue The motIon was unammously approved by vOIce vote, CouncIlmembers Ebner and Greenberg absent 15 PUBLIC INPUT Member of the publIc EIleen Hecht discussed reasons for her reSIgnatIOn from the AIrport CommiSSIon On order of the Mayor, the CIty CouncIl meetmg was adjourned at 12 06 am, to September 8, 1998 \. ATTEST \u..~ - ~....,J- AI -./ h~ )f{lCur-/ rd('. --- APPROVED Mana M Stewart CIty Clerk Robert T Holbrook Mayor 9 August 18, 1998