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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.
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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
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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
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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
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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
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July 7, 1987