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M-7/7/1987 I 383 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 7, 1987 A special meeting of the Santa Monica City Council was called to order by Mayor Conn at 7:42 p.m. on Tuesday, July 7, 1987, in the council Chambers. Mayor Conn led the assemblage in the pledge of allegiance to the united States of America. Roll Call: Present: Mayor James P. Conn Councilmember David B. Finkel councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Absent: Mayor Pro Tempore Herb Katz Also Present: city Manager John Jalili city Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt 7-A: OCEAN PARK DOWNZONING: Presented was a staff report and public hearing on residential zoning and development standards ("downzoning") within the Ocean Park neighborhood of Santa Monica. Councilmember Zane moved to waive Council rules and accept requests to speak throughout the course of the hearing. Second by Councilmember A. Katz. The motion was unanimously approved. Discussion was held. At 8:30 p.m., the public hearing was declared opened. The following spoke in support of the downzoning of Ocean Park: Bruce Henstell, Geraldine Moyle, Jonathan Ahearn, Linda Shayne, Jack Behr, Johanne Todd, Janice Pretzlav, John Kerr, Helen Kennedy, Laurel Roennau, Julie Lopez Dad, Ralph Mechur, Henry Custis, Judy Abdo, Richard Dysart, Kenneth Haker, and Jan Ludwinski. The following spoke in opposition: Arkib Ober, Margarita Anastasiou, Joe Clopton, Marjorie Coon, Mark Kofler, Craig Shaver, Frank Coon, Karl Rydgren, Robert Oppel, Bruce DiCkinson, Randy Wills, Evelyn Garvin, Joe Steinberg, Howard RObinson, Joe Delia, Walter Bills, Fred Hollander, Nancy Hughes, Catherine Andrews, John Jurenka, Archie Arzooyan, Sandy Cherry, Joe Carreras, Jim Downing, June Steele, Bill Teachworth, Ed Murray, and Doug Ehlers. Penny Perlman, representing the Planning Commission, and David Epstein and Forrest Chadwick expressed concern regarding the downzoning process. Leslie Lambert and Mallory Pearce expressed concern about any plan with no provisions for low-income housing. J. L. Betton, Vince Muselli, Judy Leland, Wayne Hall, Joy Fullmer, Claire Heron, and Heidi Gralinski also spoke. There being no one else wishing to be heard, the public hearing was declared closed. 1 July 7, 1987 384 During the public hearing, Councilmember Finkel moved to extend the meeting beyond 11:00 p.m. Mayor Conn moved to direct staff to proceed with the work plan as I outlined in the staff report dated July 7, 1987, beginning on page 30, basically to approve the beginning of a process that will include the Planning commission, and public hearings, and a very complex and lengthy process, hopefully culminated within a year, to examine and make recommendations to the Planning Commission and then to the Council, as to what the zoning ordinance for the Ocean Park community ought to be. Second by Councilmember A. Katz. During discussion, Mayor Conn clarified that the motion is to direct staff to proceed with its work plan minus Step 2. Mayor Conn further clarified that the motion is to study downzoning, with the assumption that some downzoning needs to go on, the question being how much, where, and when. Councilmember Jennings moved an amendment to the motion to state that Council I s intent is not to prejudge the question about whether downzoning should apply to all of Ocean Park, but that Council is leaving that to the Planning Commission to give a recommendation on the subj ect. The amendment was accepted as friendly by the maker and second and incorporated into the main motion. Discussion was held. Councilmember Zane moved to amend the main motion to ask the Planning Commission to develop recommendations for the provision of new affordable housing development in Ocean Park in the context of whatever zoning standards they report to Council. The maker and second of the main motion incorporated the amendment into the main motion. Councilmember Reed requested that the record reflect her concern regarding the recommendation to create a 50 percent density bonus for low income/affordable housing, mostly because it creates a lower standard of quality for low-income people in the housing which the community makes available to them. Discussion was held. The main motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, Zane, Mayor Conn Negative: Councilmember Reed Absent: Mayor Pro Tempore H. Katz Councilmember Reed requested that the record reflect that her no vote is because she considers the proposal to still be too broad and sweeping. Mayor Conn moved to direct the city Attorney to return to Council on July 28 with an interim ordinance that would be reviewed by the Planning Commission between now and the 28th, that the proposed draft ordinance (as presented with the staff report 2 July 7, 1987 I 385 dated July 7, 1987) be amended as follows: On page 2, section 2(a), would read: "The project consists of development on vacant land as of July 28, 1987." Also, that subsections 2(c), (d), and (e) would be collapsed into language that would say one unit per 2,000 sq. ft., but in no event more than four units, with the limit of two stories and 27 feet per parcel, with the possibility of a pitched roof at 30 degree grade. Further, on page 3 , Section 2 (h), the phrase "deemed complete II should be defined, along the lines of the rough draft language, reading as follows: !IAn application shall be deemed complete for purposes of this ordinance within 15 days for subdivisions and parcel maps and 30 days for all other types of permits, after the Planning Division receives the completed application together with all the information, reports, drawings, plans, filing fees, and any other materials and documents required by the appropriate application forms supplied by the city. If, within the specified time period, the Planning Division fails to advise the applicant in writing that his or her application is incomplete and to specify all additional information required to complete that application, the application shall automatically be deemed complete. This definition shall not apply for purposes of deeming an application complete under the permit streamlining act. II Second by Councilmember Finkel. councilmember Finkel moved an amendment to the motion that an additional instruction be given to the City Attorney to generate proposed language to address the question of providing for, in the interim ordinance, a density bonus for affordable housing. Second by Councilmember Zane. Mayor Conn accepted the amendment as friendly and incorporated it into the main motion. Discussion was held. Councilmember Reed moved an amendment to direct the City Attorney to expand in writing on his verbal comments addressing the inherent conflict between having an interim ordinance to reduce densities and then providing density bonuses for a certain category of housing; and to direct staff to examine and report back on the need to provide, under the hardship exemption language (Section 3 of the draft ordinance), that expenditures made to go through the administrative processes of the Rent Control Board are in fact expendi tures which can be considered for hardship exemption in the same manner as expendi tures incurred for architectural working drawings, etc. With no objection from the second, the maker of the main motion included the amendment in the motion. During discussion, Councilmember Jennings expressed concern that the same problems do not exist throughout Ocean Park and that there are parts of Ocean Park where consideration should be different, and moved an amendment to the main motion to include in section 2 of the proposed ordinance language that would exclude projects from the provisions of the ordinance if, in the determination of the Planning Commission, the proposed project would not be prejudicial to or detrimental to the findings and 3 July 7, 1987 386 declarations of the ordinance. Second by Councilmember A. Katz. Councilmember Jennings further clarified his motion as giving the Planning Commission the power to look at a specific project that comes before it and make the determination as to whether it makes I things, better, worse, or keeps them the same, and gives the commiss ion the power to deny the proj ect if, in its analys is based upon the findings in (a) through (h) of Section I of the proposed ordinance, it makes the situation worse. The amendment was approved by a voice vote of 5 to 1, Councilmember Zane opposed. Councilmember Zane requested that the record reflect that until he sees language that accomplishes what the city Attorney suggested (regarding the wording of the ordinance to effect this amendment), he is not in favor of this concept. Discussion was held. The main motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, Reed, Zane, Mayor Conn Absent: Mayor Pro Tempore H. Katz 9-A: PUBLIC EMPLOYEES I MEDICAL AND HOSPITAL CARE ACT/POLICE OFFICERS' ASSOCIATION: Considered after Item II-A. II-A: CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city. At 12:35 a.m., Council adjourned to Closed Session to consider personnel matters and the following cases: Hogan v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 094 715; and Sea Colony Homeowners Assoc. v. City of Santa Monica, Los Angeles Superior Court Case No. C75035. At 1:06 a.m., Council reconvened with all members present as at Roll Call. 9-A: PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT/POLICE OFFICERS' ASSOCIATION: Presented was a recommendation to adopt a resolution electing to be subject to the Public Employees' Medical and Hospital Care Act for members of the Santa Monica Police Officers' Association. Councilmember Reed moved to adopt Resolution No. 7461(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF THE SANTA MONICA POLICE OFFICERS I ASSOCIATION," reading by title only and waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Finkel, Jennings, A. Katz, Reed, Zane, Mayor Conn 4 July 7, 1987 I 387 Absent: Mayor Pro Tempore H. Katz It was moved and seconded to approve a settlement of $56,250 in the case of Hogan v. ci ty . The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, Reed, Zane, Mayor Conn Absent: Mayor Pro Tempore H. Katz ADJOURNMENT: At 1:10 a.m., the meeting of Robert osterhout, a security officer in memory College. ATTEST~ ~ fL~4".,. (J Donna R. Betancourt Acting City Clerk \ 5 July 7, 1987