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M-6/30/1992 305 CITY OF SANTA MONICA CITY COUNCIL MINUTES I JUNE 30, 1992 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 7:40 P.M. on Tuesday, June 30, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz (Present at 7:45 P.M.) 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 Olsen led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. Councilmember Zane moved to add Item Nos. 14-B and 14-C to the I agenda. Second by Councilmember Olsen. The motion was unanimously approved. 6. CONSENT CALENDAR: Presented was the consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Olsen moved to approve the Consent Calendar, with the exception of Item Nos. 6-F, 6-H, and 6-I, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Holbrook, Abdo, Mayor Genser Absent: Councilmember Katz 6-A: MINUTES APPROVAL: The City Council minutes of June 9, 1992, were approved as amended. 6-B: FINAL SUBDIVISION MAP/TRACT NO. 50055/CONDOMINIUMS/I118 21ST STREET: Resolution No. 8424 (CCS) entitled: lIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50055 FOR A PROJECT AT 1118 21ST STREET," was adopted, thereby approving a I 5-unit condominium project at 1118 21st Street. 1 June 30, 1992 I I I 306 6-C: FINAL SUBDIVISION MAP/TRACT NO. 50416/TPC-141/1008-14 6TH STREET: Resolution No. 8425(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50416," was adopted, thereby approving a 14 plus tenant-participating conversion at 1008-14 6th street. 6-D: FINAL SUBDIVISION MAP/TRACT NO. 50705/TPC-153/2633 CENTINELA AVENUE: Resolution No. 8426 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50705 FOR A PROJECT AT 2633 CENTINELA AVENUE, II was adopted, thereby approving a 12-unit tenant-participating conversion at 2633 centinela Avenue. 6-E: FINAL SUBDIVISION MAP/TRACT NO. 50706/TPC-176/2621 CENTINELA AVENUE: Resolution No. 8427 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50706 FOR A PROJECT AT 2621 CENTINELA AVENUE, II was adopted, thereby approving a 28-unit tenant-participating conversion at 2621 Centinela Avenue. 6-G: GENERAL MUNICIPAL ELECTION/NOVEMBER 3, 1992: Resolution No. 8428(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1992," was adopted. END OF CONSENT CALENDAR 6-F: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 92-006/VARIANCE 92-010/0CCUPANCY PERMIT 92-005/1444 10TH STREET: Presented for certification was the Statement of Official Action for Appeal of Conditional Use Permit for the site located at 1444 loth Street. Councilmember Zane moved to approve the Statement of Official Action which contains findings and conditions of approval for Conditional Use Permit 92-006. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Zane, Vazquez, Olsen, Holbrook, Abdo, Mayor Genser Absent: councilmember Katz Councilmember Katz reported present at 7:45 P.M. 6-H: CONSOLIDATED SPECIAL MUNICIPAL ELECTION: Presented was the staff recommendation to adopt the resolution reciting the fact of the consolidated special municipal election held on June 2, 1992 and declaring the result. council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved to adopt Resolution No. 8429(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RECITING THE FACT OF THE CONSOLIDATED SPECIAL MUNICIPAL ELECTION HELD ON JUNE 2, 1992, DECLARING THE RESULT AND SUCH 2 June 30, 1992 307 OTHER MATTERS AS PROVIDED BY LAW," reading by title only and waiving further reading thereof. Second by Councilmember Vazquez. The motion was approved by the following vote: council vote: Unanimously approved 7-0 I 6-I: RULES OF ORDER AND PROCEDURE/CONDUCT OF CITY COUNCIL MEETING: Presented was the staff recommendation to direct the City Attorney to draft amendments to the Rules of Order and Procedure for the Conduct of city Council Meetings. Member of the public Joy Fullmer expressed her concerns. Councilmember Holbrook moved to direct the city Attorney to draft an amendment to Resolution No. 8l68(CCS). Second by Council~ember Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 7-A: APPEAL/TPC-183/2ll0 FOURTH STREET: Presented was the Appeal of Planning Commission approval of Tenant Participating Conversion 183, 2110 Fourth Street. Applicant: HR Capital Rossmore. Appellant: D. Longstreet, L. Auker, M. Hale, L. Gale, L. Privo. city Clerk Dykhouse placed the following individuals under oath: Mary Hale, Melinda Gordon, Stephanie Gordon, John Moore, Laurence Gale, David Longstreet, Ludmila privo, Lynne Auker, John Ellis, Eileen Hecht and Richard Klein. Paul DeSantis, representing the applicant, spoke in favor of the proj ect. Council asked questions of Mr. DeSantis. Mary Hale I Melinda Gordon, stephanie Gordon, John Moore, Laurence Gale, I David Longstreet, Ludmila Privo, Lynne Auker, John Ellis, and Richard Klein confirmed their residency at 2110 4th street, and discussed other tenancies. Eileen Hecht also representing the applicant, presented a rebuttal. council asked questions of the representatives of the applicant. Council asked questions of staff. Councilmember Zane moved to uphold the appeal and deny the application for the conversion. Second by Councilmember Olsen. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 At 9:15 P.M., council adjourned for a short recess. reconvened at 9:40 P.M., with all members present. council 8-A: MODIFICATION TO ZONING AND DEVELOPMENT STANDARDS: Presented was an ordinance for introduction and first reading modifying zoning and development standards to facili tate affordable housing. Council asked questions of staff. At 9: 55 P.M., Mayor Genser declared the public hearing open. Members of the public Jean Sedillos and Leland Emanuelli urged inclusion of a CUP requirement in the proposed ordinance. Members of the public John Zinner, Jean Segal, Claire Tiffany, Jean Abell, Valerie Freshwater, Cindy McQuade, and Linda Provost I spoke in support of the proposed ordinance. Member of the public Joy Fullmer expressed her concerns. Member of the public Doug Brown urged performance of a citywide needs assessment to ensure 3 June 30, 1992 I I I 308 that any single room occupancy or any other use requiring less parking than currently required be deed-restricted for that use only. Members of the public Leonard Gross and Lois Gross spoke in opposition to the proposed ordinance. Members of the public Gale Williams and Norma Whitney spoke in support of Upward Bound House. Members of the public Larry Katz and Bill Zimmer spoke in opposition to Upward Bound House. Councilmember Olsen moved to extend the meeting to 1: 00 A. M. Second by Mayor Genser. The motion was approved, Councilmember Katz abstained. Members of the public Merritt Coleman and Vivian Rothstein urged the inclusion of public input in the process. Members of the public Walter Sparks, Chris Harding, Toby Lieberman, Ken Schonlau, Karin Pally, Alan Deuel, Paul Ballmer, and Paul Rosenstein spoke in support of the proposed ordinance. Member of the publ ic Rick Cohen urged inclusion of a CUP requirement in the proposed ordinance. Members of the public Mathew Millen, Adriana Shaw, and Larry Skuce spoke in opposition to the proposed ordinance. Members of the public Neil Cohen and steve Harbison spoke in support of Upward Bound House. Mayor Pro Tempore Abdo moved to hear late speakers. Second by Councilmember Katz. The motion was unanimously approved. Member of the public Leonard Rogel urged inclusion of a CUP requirement in the proposed ordinance. Member of the public Blanca Malpartida-Girard spoke in support of the proposed ordinance. Member of the public Sonia Israel Mdon expressed her concerns. Mayor Genser closed the public hearing at 12: 30 A.M. Mayor Pro Tempore Abdo moved to introduce for first reading the ordinance modifying zoning and development standards to facilitate affordable housing with the following changes: l) Wherever the words "deed restricted" appear in the ordinance change them to include the wording "or restricted by an agreement approved by the city;" 2) Page 3 - eliminate the last sentence under "Congregate Housing;" 3) Page 4 - under "Senior Housing, " (and anywhere el se it may appear in the ordinance) change the number 62 to the number 60 i 4) Page 7 second paragraph of subsection (e) to read as follows: "In mUlti-family districts, congregate housing, single room occupancy housing, and homeless shelters, when not developed in an individual dwelling unit format, and transitional housing, shall not be subject to the district's maximum unit density standard, but the number of beds shall be limited to 3 times the maximum number of dwelling units which would otherwise be permitted;" 5) Page 9 - subsection (h) to include wording at the end of the first sentence as follows: "...or other enclosures as approved by the Director of General Services and the Architectural Review Board;" 6) Page 9, subsection (i) (1) (and anywhere else it may appear in the ordinance) - change "no more than laD days" to read, "no more than 6 months;1t 7) Page 9(i) (2) - eliminate the second sentence; a) Page 12, Section 7 (b) - add the words "For new construction proj ects. . . II to the beginning of the first sentence and insert wording to provide for a secured parking entrance for existing proj ects ; 9) Page 13, subsection (f) - add the words "For new construction...n to the beginning of the first sentence. Second by Councilmember Zane. Councilmember Katz moved to amend the motion to eliminate the domestic violence shelters in the R-l Zone. Second by Councilmember Holbrook. The motion failed by the following vote: 4 June 30, 1992 309 council vote: Affirmative: Councilmembers Katz, Holbrook Negative: councilmembers Zane, Vazquez, Olsen, I Abdo, Mayor Genser Councilmember Katz moved to amend the motion to remove market rate housing from the entire ordinance. Second by Councilmemher Holbrook. The motion failed by the following vote: council vote: Affirmative: Councilmembers Katz, Holbrook Negative: Councilmembers Zane, Vazquez, Olsen, Abdo, Mayor Genser Mayor Genser moved occupancy housing to feet and retaining accepted as friendly. Councilmember Holbrook moved to amend the motion to ask staff to return with recommendations for including a "fast track" CUP process. Second by Councilmember Katz. Discussion was held. The motion failed by the following vote: to revise the definition of single room the staff-recommended maximum of 375 square the minimum as stated. The motion was Council vote: Affirmative: Councilmembers Katz, Holbrook Negative: Councilmembers Zane, Vazquez, Olsen, Abdo, Mayor Genser I Councilmember Olsen moved to extend the meeting to l: 30 A.M. Second by Mayor Genser. The motion was unanimously approved. Discussion was held. The main motion was approved by the following vote: council vote: Affirmative: councilmembers Zane, Vazquez, Olsen, Abdo, Mayor Genser Negative: councilmembers Katz, Holbrook Councilmember Katz requested that the record reflect that he voted "no" on this item for the following reasons: 1) he feels that domestic violence shelters should be omitted from the R-l zone or, at the very least, the shelters should be limited in size; 2) the market rate housing should be handled in a separate action; 3) he feels that the inclusion of a CUP process is very important to encourage public input and the exclusion of public input is contrary to what Council has historically encouraged. By virtue of the above action, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING ZONING AND DEVELOPMENT STANDARDS TO FACILITATE AFFORDABLE HOUSING," was introduced for first reading, as amended, by title only and waiving further reading thereof. 9-A: CLOSED SESSION: Held at end of meeting. I 5 June 30, 1992 I I I 310 14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Genser announced the floor would consider nominations to fill vacancies of members to the various Boards and Commissions. Mayor Genser opened the floor to nominations for the Arts commission. Mayor Genser nominated Annette simons, Matt Kramer, Harriette W. McCauley, and Theresa Chavez. There being no other nominations, nominations were closed. Mayor Genser moved to appoint Annette simons, Matt Kramer, Harriette W. McCauley, and Theresa Chavez by acclamation to the Arts commission for terms ending June 30, 1996. Second by Councilmember Katz. The motion was unanimously approved. Mayor Genser opened the floor to nominations for the Bayside District Corporation. Councilmember Katz nominated Gregory Dunsmoor Spiess. Mayor Genser nominated Nancy Desser. There being no other nominations, nominations were closed. On a call for the vote, Gregory Dunsmoor Spiess was appointed to the Bayside District Corporation for a term ending June 30, 1995 by a majority vote, with Mayor Genser and Councilmember Olsen casting votes for Nancy Desser. Mayor Genser and Councilmember Olsen asked that the record reflect that they changed their votes to Gregory Dunsmoor spiess. Mayor Genser opened the floor to nominations for the Convention and Visitors Bureau. Mayor Pro Tempore Abdo moved to continue this appointment to the meeting of July 7, 1992. Second by Councilmember Olsen. The motion was unanimously approved. Mayor Genser opened the floor to nominations for the Personnel Board. Mayor Pro Tempore Abdo moved to continue this appointment to the meeting of July 14, 1992. Second by Councilmember Holbrook. The motion was unanimously approved. Mayor Genser opened the floor to nominations for the Pier Restoration Corporation. Councilmember Zane nominated Dennis Eugene Fitzpatrick. There being no other nominations, nominations were closed. Mayor Pro Tempore Abdo moved to appoint Dennis Eugene Fitzpatrick by acclamation to the pier Restoration Corporation for a term expiring November lO, 1993. Second by councilmember Holbrook. The motion was unanimously approved. Mayor Genser opened the floor to nominations for the Recreation and Parks Commission. Councilmember Vazquez moved to continue this appointment to the meeting of July 7, 1992. Second by Councilmember Katz. The motion was unanimously approved. 14-B: MEMORANDUM FROM CITY ATTORNEY/PROSECUTION POLICY/ENCAMPMENT ORDINANCE: Councilmember Katz presented his request to discuss the memorandum from the City Attorney concerning the prosecution pol icy of the Encampment Ordinance. councilmember Katz moved to hear speakers on this item. Second by Councilmember Zane. The motion was unanimously approved. Members of the public Bob Peeples, Asha Greenberg, and Max Greenberg spoke in support of councilmember Katz's assertion that the city Attorney must enforce the ordinances of the city. 6 June 30, 1992 311 Member of the public Stephen Alpert spoke in support of the City Attorney's position. Councilmember Katz moved to hear late speakers. Second by Councilmember Holbrook. The motion was I unanimously approved. Councilmember Katz moved to extend the meeting to 2:15 A.M. Second by Councilmember Olsen. The motion was unanimously approved. Members of the public stephen Jenkins and Sue Ryan spoke in support of the City Attorney's position. Councilmember Katz moved to order the City Attorney to enforce the encampment ordinance. Second by Councilmember Holbrook. Discussion was held. The motion failed by the following vote: council vote: Affirmative: councilmembers Katz, Holbrook Negative: Councilmembers zane, Vazquez, Olsen, Abdo, Mayor Genser Councilmember Katz moved to extend the meeting to 2: 4S A.M. Second by Mayor Pro Tempore Abdo. The motion was approved, Councilmember Holbrook opposed. Councilmember Katz moved to dismiss city Attorney Robert Myers. Second by Councilmember Holbrook. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Katz, Holbrook Negative: Councilmembers Zane, Vazquez, Olsen, Abdo, Mayor Genser 14-C: LETTER TO KCRW: Councilmember Olsen presented his request to discuss direction to the Mayor to send a letter to KCRW requesting reconsideration of Ruth Hirschman's decision to preempt the City Council broadcasts from 7:30 P.M. to 8:00 P.M. Councilmember Olsen moved to direct the Mayor to send a letter to KCRW requesting reconsideration of Ruth Hirschman's decision to preempt the city Council broadcasts from 7:30 P.M. to 8:00 P.M. Second by Mayor Pro Tempore Abdo. The motion was unanimously approved. l5: PUBLIC INPUT: Member of the public Art Casillas addressed Council regarding gang and drug problems. Councilmembers Holbrook and Katz excused themselves from the meeting at 2:15 A.M. 9-A: CLOSED SESSION: At 2:17 A.M., Council adjourned to Closed Session for the purpose of considering the cases of Sakakura America, Inc. v. city of Santa Monica, et al., Court of Appeal Case No. BC 030l12, Jett Mora v. City of Santa Monica and Related Cross-Complaint, Santa Monica Superior Court Case No. WEC 128 286, and John and Mary Rayes v. City of Santa Monica, threatened litigation regarding property located at 62l 2lst street. At 2:40 A.M., Council reconvened with all members present, Councilmembers Holbrook and Katz absent. 7 June 30, 1992 I I 312 I Councilmember Zane moved to approve Contract No. 5852 (CCS) for standstill agreement with Sakakura America, Inc. Second by Mayor Pro Tempore Abdo. The motion was unanimously approved, Councilmembers Holbrook and Katz absent. Mayor Pro Tempore moved to approve contract No. 5853 (CCS) for settlement agreement and release with Jett Mora. Second by councilmember Zane. The motion was unanimously approved, Councilmembers Holbrook and Katz absent. ADJOURNMENT: At 2:40 A.M., the meeting was adjourned in memory of Reverend Fred Judson. ATTEST: APPROVED: ~/L;~ ~ ~;tce E. Dykhou~e Ken Genser city Clerk Mayor I I 8 June 30, 1992