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M-7/20/1993 I I I 147 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 20, 1993 An adjourned meetmg of the Santa Momca CIty Councll was called to order by Mayor Abdo at 642 P M on Tuesday, July 20, 1993 in the Council Chambers. Roll Call: Present Mayor Judy Abdo Mayor Pro Tempore Antomo Vazquez Councllmember Ken Genser Councilmember Asha Greenberg CouncIlmember Robert T, Holbrook Counc1lmember Kelly Olsen CouncIlmember Paul Rosenstein Also Present' CIty Manager John Jahh Actmg CIty Attorney Joe Lawrence CIty Clerk ClarIce E Dykhouse 9-C CLOSED SESSION: At 643 pm, Council adjourned to Closed SeSSIOn for the purpose of consIdermg the case of Wave Enterpnses, Inc v City of Santa Momca At 7'13 P.M., CouncIl returned from Closed SeSSIOn WIth all members present No actIon was taken Mayor Abdo called the regular Council meeting to order Councllmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America Mayor Pro Tempore Vazquez stated for the record he was wIthdrawing Item No. 14-D 8-A PARK CLOSURE HOURS Presented was an ordrnance for second readmg and adoption addmg sectIOns to Chapter 4.08 of the Santa Momca Municipal Code to establish park closure hours. Councilmember Olsen moved to adopt Ordinance No 1693(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS TO CHAPTER 4 08 OF THE SANTA MONICA MUNICIPAL CODE TO EST ABLISH PARKS CLOSURE," reading by tItle only and waIvmg further readmg thereof Second by CouncIlmember Holbrook The motion was approved by the followmg vote 1 July 20, 1993 148 Council vote AffIrmative Councllmembers Rosenstem, Olsen, Holbrook. Greenberg, Genser NegatIve Councllmember Vazquez, Mayor Abdo I Mayor Pro Tempore Vazquez requested that the record reflect that he voted "no" on this item because It was never shown that It was an emergency to close the parks. Mayor Abdo requested that the record reflect that she voted "no" on tlns item as she does not beheve that changmg the hours of the parks IS gomg to make a measurable dIfference 10 drug deahng She is concerned about the effects this ordmance will have on the homeless, and expressed the bebef that drug dealers and homeless persons will merely relocate to other parts of the city 8-B DEVELOPMENT STANDARDS/Ml AND C5 DISTRICTS Presented was an ordinance for mtroduction and fIrst readmg extending the Intenm ordinance to unplement development standards for portIOns of the Ml and C5 DIstrict located north of the Santa Monica Freeway and east of 19th Place Alley. CounCIl asked questlorn; of staff At 7 35 P.M., Mayor Abdo declared the pubhc hearmg open. Member of the public Wilham Capbn requested that an educatIonal center for chIldren be allowed in the Ml zone. Member of the pubhc Ken Kutcher and Ken Ayeroff spoke in support of the proposed ordmance with amendments to allow for day care use, health care climcs, places of worshIp, warehouses, and health clubs In the Ml/RD zone. Member of the pubhc ChrIS HardIng requested CouncIl to reinstate the 1. 0 FAR for the enUre Ml/RD dIstrict without excepUon and elimInate the speCIal study zone Members of the publIc I E. K Lauderdale, Fred Salenger, and Carl Lambert spoke in opposluon to the proposed ordInance Member of the pubhc Tom Pyne spoke in opposItion to mandatmg housing 10 the speCIal study zone and in opposiuon to the special study zone itself Member of the public Marvin LeVIn spoke in oppoSItion to residentIal uses 10 industrial zones and 10 support of warehouse as a use of right in the MlIRD zone; however, minI-storage should be a condItIonal use. Member of the public Esther Garcia, Linda Bozung, and Sol Gindoff spoke 10 oppositIon to the InclUSIOn of residential uses 10 mdustrial zones Member of the public DaVId HIbbert spoke in support of the proposed ordinance. Member of the public Joyce Padleschat spoke 10 opposluon to the 25 FAR and reSldentlal uses in the study area Mayor Abdo closed the pubhc heanng at 8 30 P M CouncIl asked questions of staff. Councilmember Genser moved to introduce the proposed ordInance for first reading Second by Mayor Abdo Council asked questIons of staff Councilmember Genser moved to amend the map to allow the entire Outlook section to be included III the M lIRD distrIct The mo11on was accepted as fnendly Councilmember Genser moved to amend the motlOn to replace language 10 SECTION 2(d)(1) and (2) to read: (1) Maxunum Building HeIght Maxunum buIldmg height shall be two stones, 30', except that for projects located on parcels designated "special study zones" on the attached map, a maximum heIght of four stories, 45' l may be permitted with the approval of a CondI11onal Use Permit for projects containing at least 75% reSIdential. 2 July 20, 1993 I I I I 149 (2) Maximum Floor Area Ratio. 1 0, except that for projects located on propertIes designated "special study zones" on the attached map, a maxnnum floor area ratio of 0.65, except that a maxnnum floor area of 1 5 may be permItted m the areas designated as "special study zones" WIth the approval of a ConditIOnal Use Permit for projects containing at least 75 % residential. The motion was accepted as fnendly CouncIlmember Genser moved to amend the motion to change the language in SECTION 2(1)(b) to read "AutomobIle repair and automobile pamtmg faCilities except those Within 100' of any residentIal district and use," and change the language in SECTION 2(4)(b) to read "Automobile repair and automobile paintmg faclhues, and expansion of eXisting facilities WithIn 100' of any reSIdential dlstnct " The motion was accepted as fnendly Councilmember Genser moved to amend the moUon to move the following permitted primary uses winch shall be permitted If conducted wlthm an enclosed buildmg (except where otherwise permitted) and may mclude office space so long as the office space IS related to the prnnary use located on the same site (SECTION 2 2(b)) to the sectIOn of the ordmance with the proviSion that any office space included IS accessory to the primary permitted use on the same Site and does not exceed 50% of the gross floor area of the primary use SECTION 2(a)(1) (b) entertainment related faclhtles; (c) inCidental productIOn facilities; (e) photography studios, (f) production facilIties, (g) publIshing facllmes, (h) software, (J) vetermary clinics and laboratories, and (k) broadcasting/communicatIonsltele-commumcatlons faciliues. DIscussIOn was held The mollon was not accepted as fnendly Second by Couneilmember Olsen The motion failed by the foIlowmg vote Council vote Affmnauve CouncIlmembers Genser, Olsen NegatIve: Councllmembers Greenberg, Holbrook, Rosenstein, Vazquez, Mayor Abdo CouncIlmember Rosenstem moved to amend the mollon to remove the pOSSIbility of housmg (excepting homeless shelters and domestic violence shelters) in the special study zone and FAR Will be the same as the rest of the zone Second by Couneilmember Greenberg DiscussIOn was held The amendment faIled by the followmg vote' Council vote. Affmnative. Councilmembers Greenberg, Holbrook, Rosenstem Negative: Councilmembers Genser, Olsen, Vazquez, Mayor Abdo 3 July 20, 1993 150 Mayor Pro Tempore Vazquez requested that the record reflect that he voted "no" on this Item because It is not Ius mtent to place a cloud over busmesses, rather It IS to study the issue. I Mayor Pro Tempore Vazquez moved to amend the motIon that m the event of a natural disaster, the current busmesses would be allowed to rebuild to the FAR under wluch they were buIlt The motIon was accepted as frIendly. Councilmember Holbrook moved to amend the motIon that the FAR wlthm the special study area be 1 0 and conform, during the study period, WIth the FAR of the surrounding areas. Second by CouncIlmember Rosenstem. DiSCUSSIOn was held The amendment faded by the following vote CouncIl vote: AffirmatIve: CouncIlmembers Greenberg, Holbrook, Rosenstein Negative: CouncIlmembers Genser, Olsen, Vazquez, Mayor Abdo CouncIlmember Genser moved to amend the motIon that lots up to 15,000 square feet have an FAR of 1.0; lots from 15,001 to 30,000 square feet to have an FAR of 7, lots from 30,001 to 45,000 square feet to have an FAR of 6, lots over 45,000 square feet to have an FAR of 5 Second by CouncIlmember Olsen DIscussion was held The amendment faIled by the followmg vote- CounCIl vote. AffirmatIve: Councilmembers Geuser, Olsen NegatIve. CouncIlmembers Greenberg, Holbrook, Rosenstem, Vazquez, Mayor Abdo I Councilmember RosensteIn moved to amend the motIon that the pOSSIbIlIty of required hOUSIng be elimInated m the speCIal study zone and that the possibIlIty of housmg be an optIon for that area Second by CouncIlmember Holbrook DISCUSSIOn was held CouncIlmember Rosenstem WIthdrew hIS amendment. Councilmember Genser moved to amend the motIon to move servIce stations wluch are not within 100' of a residentIal zone to permitted uses and leave servIce stations WhICh are within 100' of a reSIdential zone to uses permitted by CUP The motIon was accepted as fnendly DIscussion was held CouncIlmember Genser asked that his amendment be conSIdered later III the meeting. Councllmember Genser moved to move warehouses from the CUP sectIon to the permItted section. The motIOn was accepted as friendly. Mayor Abdo moved to amend the motIon to move chIld care centers mto the CUP lIst. The motIOn was accepted as fnendly DIscussion was held Mayor Abdo moved to amend the motion to modify language III SECTION 2(2) to read "The followmg primary uses shall be permitted if conducted withIn an enclosed building (except where otherwise penmtted) and may Include office space so long as the office space IS directly related, ancIllary to, and supportIve of the primary use located on the same sIte" The motion was not accepted as friendly DIScussion was held Councilmember Genser moved to delete SECTION 2(4)(b) - Health clubs and gymnasiums. DISCUSSIon was held. Second by Councilmember Olsen The amendment faIled by the followmg vote 4 July 20, 1993 I I I I 151 CouncIl vote, Affirmallve: Councilmembers Genser, Olsen NegatIve Councilmembers Greenberg, Holbrook, Rosenstem, Vazquez, Mayor Abdo Discussion was held Councilmember Genser moved to amend the motIon to move service statIons which meet the requIrements of Section 9.04.12 130 (the PSP section of standards for service statIOns) and which are not wlthm 100' of a reSidential zone to permitted uses and leave service stations which are withm 100' of a reSidential zone to uses permitted by CUP. The motIon was accepted as fnendly Discussion was held At 9 55 P.M , Council adjourned for a short recess CouncIl reconvened at 10:20 P.M With all members present 8-B (RESUMED) Discussion was held Councllmember Genser moved to amend the motion to allow fast-food and take-out restaurants up to 500 square feet as a permItted use and restaurants over 500 square feet as conditionally penmrted. Second by Councllmember Rosenstein. DISCUSSion was held. Councllmember Genser moved to amend the motIon to mclude the preamble language as above for SECTION 2(2) and move subsectiOns (b), (c), (e), (f), (g), (I), (D, and (k) to SECTION 2(1). Discussion was held The motIon was accepted as fnendly The mam motion, as amended, was approved by the followmg vote: CouncIl vote: Mfirmative' Councilmembers Genser, Olsen, Vazquez, Mayor Abdo Negative' Councilmembers Greenberg, Holbrook, Rosenstem Councllmember Holbrook requested that the record reflect that he voted "no" on this Item because he belteves that there IS a fundamental problem With combining housmg and manufacturing uses. CouncIlmember Rosenstein requested that the record reflect that he voted "no" on tlus Item primanly because he is concerned that the impact of the study area on this industrial area could lead to urban blIght and decay By virtue of the above actIon, an ordmance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABUSHING INTERIM DEVELOPMENT STANDARDS FOR PORTIONS OF THE CITY LOCATED IN THE M1 AND C5 DISTRICTS, NORTH OF THE SANTA MONICA FREEWAY AND EAST OF 19TH STREET PLACE ALLEY, " was introduced for first reading, as amended, by title only, waiving further reading thereof. Mayor Abdo moved to continue the remainder of the 8 items, 9 items, and 10 items Second by Councllmember Holbrook The motion was unanimously approved 5 July 20, 1993 152 8-C AUTOMOBILE WASHING FACILITIES. The emergency ordinance for introduction and adoption estabhslnng standards for automobile washmg facIlItIes in certam zones on an mterim I basIs was contInued to the meetmg of July 27, 1993. 8-D' REQUIREMENTS FOR Rl SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT The ordmance for mtroductIOn and first reading amendmg Santa MOllica MuniCIpal Code Section 90408.02 regardmg requirements for the Rl single-famIly residential zonmg dIStrICt was continued to the meetmg of July 27, 1993 8-E: ON-SITE REFUSE AND RECYCLING FACIUTIES: The ordinance for mtroduction and fITst readIng repealing Santa Monica MUlliclpal Code SectIOn 3.36.160 and amending Sections 5 08 170 and 9.04 10 02 150 estabhshmg requIrements for plan check reVIew for on-SIte refuse and recychng facilities was withdrawn at the request of staff. 9-A' REGULATION OF REFUSE, RECYCLING, OR DEMOLITION HANDLING SERVICES/COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL SECTORS. The recommendation to dIrect the CIty Attorney to prepare an ordInance requirmg those who provide private refuse, recycling, or demolItion handlIng services to commercIal, institutIOnal, and industrIal sectors to be regulated through an annual permit process was continued to the meeting of July 27, 1993. 9-B' ZONE CHANGE/REDISTRICTING A PORTION OF A PARCEL FROM M1 TO C5/1920 COLORADO A VENUE The recommendation of Planmng CommiSSIOn to approve I Zone Change (ZC 92-001) to allow redlstnCtIng of a portIon of a parcel from the Ml (Industrial ConservatIon) DIstrIct to the C5 (Special OffIce) DIstrict at 1920 Colorado Avenue was WIthdrawn at the request of the applicant 9-C' CLOSED SESSION' Held at the beginning of meeting. No actIon taken to-A: DAMAGED SIDEW ALKS/DRIVEW A YS/CURBS/REMOV AL OF DAMAGED PAVEMENT/PARKWAY AREAS The publIc hearmg on the confIrmatIOn of assessment of costs to repaIr damaged SIdewalks, dnveways, curbs and remove damaged pavement In the parkway areas on various streets (SR-93-188) was contInued to the meetmg of July 27, 1993 lO-B: ASSESSMENT DISTRICT/RECONSTRUCTION/4TH COURT AND 9TH COURT: The public heanng to establish an assessment dIStrICt for the reconstructIOn of 4th Court between Colorado Avenue and Broadway, and 9th Court from OlympIC Boulevard to 476 feet north was continued to the meeting of July 27, 1993 13-A. DON CASEY/PUBLIC RESTROOMS IN PARKS The request of Don Casey to address CounCIl regarding pubhc restrooms III parks was receIved and filed. 6 July 20, 1993 I I I I 153 14-A ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS Mayor Abdo announced that the floor would consider nommatIons to fIll vacanCIes of members to the various Boards and ComnnssIons The two vacanCIes on the Arts Commission were contmued to a later date. Mayor Abdo opened the floor to nominations for the BaysIde DIstrIct Corporation Councilmember Rosenstem nomInated Robert Resmck. There bemg no further nommatIons, nonnnatIons were closed. Mayor Abdo moved to reappomt Robert Resnick by acclamation to the BaysIde DIstrIct Corporation for a term endmg June 30, 1996. The motIon was duly seconded and unanimously approved. Councilmember Rosenstein nommated Mark Mawrence There beIng no further nOmInatIons, nommations were closed Mayor Abdo moved to reappomt Mark Mawrence by acclamatIon to the Bayside DIstrict CorporatIon for a term endmg June 30, 1996 The motIOn was duly seconded and unanimously approved Councilmember Rosenstein nommated Herb Katz CouncIlmember Genser nomInated Nancy Desser. CouncIlmember Olsen nominated Cesar ScolarI There being no further nomInatIOns, nommations were closed On a call for the vote, Herb Katz was reappointed to the BaysIde District Corporation for a term endmg June 30, 1996 CouncIlmember Rosenstem nonnnated Cesar ScolarI CouncIlmember Genser nom mated Denms Zane. There being no further nommatIons, nomInatIons were closed On a call for the vote, Cesar Scolari was appointed for a term endmg June 30, 1996 Discussion was held. Councilmember Rosenstem nomInated Dennis Zane to serve m an mtenm capaCIty for a vacant pOSItion There beIng no further nommatIons, nominations were closed Discussion was held. Mayor Abdo moved to appomt Denms Zane by acclamation to the BaysIde District CorporatIOn to act for a vacancy with a term ending June 30, 1995 The motion was duly seconded and unannnously approved Mayor Abdo opened the floor to nonnnatIons for the Bwldmg and Safety COImmsslOn Mayor Abdo nommated Carol Nolan In the place of Robert Timmerman DiSCUSSIon was held. The Item was contInued to the meetIng of August 10, 1993 CouncIlmember RosensteIn moved to contInue the appoIntments to the Accessibility Appeals Board to the meeting of August 10, 1993. Second by Mayor Abdo The motIon was approved, Councilmembers Genser and Olsen opposed. Appointments to the Electrical Board of Appeals and Plumbing & MechanIcal Board of Appeals were continued to the meetIng of August 10, 1993. Mayor Abdo opened the floor to nominatIons for the CommISSIon on Older Amencans. Mayor Abdo nominated Alexander Kolker. There bemg no further nominations, nomInations were 7 July 20, 1993 15-4 ~ closed Mayor Abdo moved to appoInt Alexander Kolker by acclamation to the Commission on Older Amencans for a term endIng June 30, 1997 The monon was duly seconded and unannnously approved. I Mayor Abdo nomInated Donna Alvarez. Councilmember Genser nommated Nancy Katel. There beIng no further nommatIOns, nOmInatIOns were closed. On a call for the vote, Donna Alvarez was appointed to the CommISSIon on Older Americans for a term endIng June 30, 1997. Mayor Abdo opened the floor to nominations for the CommIssIon on the Status of Women Mayor Pro Tempore Vazquez nommated Susan Cloke. Councllmember Genser nominated Emmalie Hodgm. There beIng no further nominations, nommations were closed On a call for the vote, Susan Cloke was appomted to the CommIssIon on the Status of Women for a term ending June 30, 1997 Mayor Abdo opened the floor to nominatlOns to the Housmg CommIssion. Councllmember Rosenstem nominated Beth Leder-Pack Discussion was held. There bemg no further nommations, nominauons were closed Mayor Abdo moved to appomt Beth Leder-Pack by acclamanon to the Housing Commission for a term endmg June 30, 1997 The monon was duly seconded and unanimously approved Two addItlOnal appointments will be consIdered at the meetIng of July 27, 1993. Mayor Abdo opened the floor to nommations to the Planning CommissIOn. Councllmember Rosenstein nomInated Effie Wehrmack Mayor Abdo moved to contmue thIS appomtment I Second by Councilmember Genser. The motIOn was approved by the following vote Connell vote. Affinnanve: Councilmembers Genser, Olsen, Vazquez, Mayor Abdo Negallve Councilmembers Greenberg, Holbrook, Rosenstein By vrrtue of the above action, the appomtment to the Planmng Commission was contmued to the meeting of July 27, 1993. 14-B DOGS IN PARKS: Councilmember Rosenstem presented lus request to direct the City Attorney to prepare an ordmance allowmg dogs in the parks under certaIn condmons. A staff report summanzmg the proposal was presented Council asked questlOns of staff Councllmember Rosenstem moved to extend the meetmg to 11 20 P M Second by Councllmember Holbrook. The motion was unammously approved Member of the public Joy Fullmer expressed her concerns. Members of the public Lowell West and Jennafer Waggoner spoke In support of the proposal, but expressed concern that the parks are not bemg left open for homeless people. Members of the pubhc Karen Brooks and Justm MacCarthy spoke ill support of the proposal CouncIlmember Rosenstein moved to dIrect the CIty Attorney to prepare an ordinance allowing dogs in the parks under certain condItIons, that the ordinance be based upon the report of the subcomrmttee of the Recreation and Parks CommisslOn, that a pubhc hearing be held to dISCUSS this matter on October 5, 1993, and that part of the mouon IS 8 July 20, 1993 I I I I 155 that It IS the wIll of the Councd that every effort WIll be made not to change that date WIthin a few weeks of the hearmg Second by Mayor Abdo. Councilmember Greenberg moved to amend the motIon to dIrect staff to study the length of leashes to be used and study concerns of waste disposal. The motIOn was accepted as fnendly Mayor Pro Tempore Vazquez moved to amend the motion that the unleashed study be conducted at Jocelyn Park only and not Manne Park DISCUSSIOn was held The motIon was not accepted as fnendly and died for lack of a second Discussion was held Mayor Pro Tempore Vazquez moved to extend the meetmg to 11:40 PM The motIon was duly seconded and unammously approved DiSCUSSIOn continued The motion, as amended, was approved by the following vote: CouncIl vote- Unanimously approved 7-0 14-C LETTERS OF RESIGNATION/GENE BURLESON/ARTS COMMISSION/WILLIAM JANNS/BA YSIDE DISTRICT CORPORATION' Mayor Abelo moved to accept WIth regret the letters of resignatIOn from Gene E Burleson of the Arts CommIssIon and WIllIam C. Janns, Jr of the Bayslde District CorporatIOn and authonze the City Clerk to publish a NotIce of Vacancies The motIon was duly seconded and unammously approved 14-D: REPEAL PROHIBITIONS AGAINST SLEEPING IN CITY PARKS: The request of Mayor Pro Tempore Vazquez to dISCUSS directmg the CIty Attorney to prepare ordmances to repeal prohibitions agaInSt sleepmg m CIty parks, and directing the CIty Manager, Community and Cultural ServIces Deparnnent and any appropriate City comnusslOns to solIcit public comment on the proposal was WIthdrawn at the request of Mayor Pro Tempore Vazquez 15' PUBUC INPUT- Member of the pubhc Joy Fullmer discussed the Issue of homeless people m the parks and the econonuc problems bemg faced during this recessIon Member of the publIc Frank Cannava discussed the park closure ordmance Member of the publIc DaVId Wachtel dIscussed that dogs are gomg to be allowed in the parks and homeless people are not. ADJOURNMENT' At 11 35 PM, the meetmg was adjourned to July 27, 1993, at 6-30 P.M. _:T~TES : ,'<d. /L~ ~ i.C ta--~ 'P - /<-/7/( Clance E Dykhouse City Clerk APPROVED: o~ at. /u~y ~bdo Mayor 9 July 20, 1993