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M-7/3/1990 164 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 3, 1990 A meeting of the Santa Monica city council was called to order by Mayor Zane at 7:37 P.M., on Tuesday, July 3, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser Councilmember Herbert Katz councilmember Christine E. Reed Absent: Councilmember William H. Jennings Also Present: City Manager John Jalili city Attorney Robert M. Myers Assistant City Clerk Beth E. Holmes CLOSED SESSION: Not held. councilmember Abdo led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. II-A: AMENDMENTS TO TORCA: Presented was a staff report regarding the proposed amendments to the Tenant ownership Rights Charter Amendment, Santa Monica city Charter section 2000 et seq. council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Members of the public Paul Desantis and John Luder spoke in support of the staff recommendation. Discussion was held. Councilmember Genser moved to approve the staff recommendation thereby directing the city Attorney to prepare the necessary resolution to submit the proposed amendments to the voters at the November General Municipal Election. Second by councilmember Reed. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane Negative: councilmember Katz Absent: Councilmember Jennings Councilmember Katz voted "no" on this something which is coercion is illegal. requested that the record reflect that he item based on his belief that referring to legal (such as Ellis) as an example of 12-A: RECONSIDERATION OF DENIAL/CUP 89-046 AND TTM 48039/CONDOMINIUM/l253 11TH STREET: Presented was a staff report 1 July 3, 1990 165 transmitting a recommendation to deny the appeal and uphold the Planning commission approval of CUP 89-046 and TTM 48039 for the construction of a three story, five unit condominium at 1253 11th street. Mayor Zane moved to hear members of the public, including the applicant and appellant, for three minutes each on this matter. Second by Councilmember Katz. Councilmember Genser moved to amend the motion to allow the applicant and appellant to speak for ten minutes each. Second by Mayor Pro Tempore Finkel. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Reed Negative: councilmembers Abdo, Zane Katz, Mayor Absent: Councilmember Jennings Mayor Zane moved to amend the motion to provide five minutes each for the applicant and appellant and two minutes each for all other speakers. Second by Councilmember Katz. The motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings Appellant Syd Jurin spoke in support of the appeal. Council asked questions of Appellant. Ken Kutcher, representing the applicant, spoke in support of the project. Council asked questions of applicant I s representative. At 8: 55 P.M., Mayor Zane declared the pUblic hearing opened. Members of the public Merritt Coleman, Joy Fullmer, David Paley, Jan Paley, Phil silberman, Deborah Robbins, Thelma Edwards, Monty Edwards, stan Wallach, Ken Breisch, Bradford Krutoff, Bruce Cameron, Chuck Halloran, Susan Suntree, Bea Nemlaha, Madeleine Warner, Sylvia SChniad, and Betty Bunnell spoke in support of the appeal. Councilmember Genser moved to hear late speakers. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved, Councilmember Jennings absent. Member of the public Donald Nelson spoke in support of the appeal. Appellant Syd Jurin presented his rebuttal. Councilmember Reed moved to deny the appeal and uphold the Planning Commission approval of CUP 89-046 and TTM 48039 with conditions as set forth by the Planning Commission. Second by councilmember Abdo. Councilmember Genser moved a substitute motion to order the preparation of an EIR. Second by Mayor Pro Tempore Finkel. Discussion was held. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor Zane Negative: Councilmembers Abdo, Katz, Reed Absent: Councilmember Jennings 2 July 3, 1990 166 The main motion failed by the following vote: Council vote: Affirmative: Councilmembers Abdo, Katz, Reed Negative: Councilmembers Finkel, Genser, Mayor Zane Absent: Councilmember Jennings By virtue of the above action, the decision of the Planning Commission was upheld, thereby granting CUP 89-046 and TTM 48039. 14-A: OPEN SPACE: The request of Councilmember Jennings to discuss encouraging open space by allowing taller, less dense development was continued to the meeting of July 10, 1990. 14-B: APPOINTMENTS TO BOARDS AND COMMISSIONS: The annual appointments of members to various City Boards and commissions was continued to the meeting of July 10, 1990. 14-D: COUNCIL COMPENSATION AND BENEFITS: Presented was the request of Councilmember Abdo and Mayor Pro Tempore Finkel to discuss direction to the city Attorney to prepare a Charter Amendment for consideration concerning Council compensation and benefits. Discussion was held. Councilmember Genser moved to continue the meeting to 11:30 P.M. Second by Councilmember Abdo. The motion was approved, councilmember Katz opposed, Councilmember Jennings absent. Mayor Zane and Councilmember Reed requested that the issue of establishing a Charter Revision committee be placed on the July 10, 1990, agenda as a "14" item. 14-E: INCLUSIONARY ZONING: Presented was the request of Mayor Zane to discussion a Council initiated ballot measure involving an inclusionary zoning program. Mayor,Zane moved to direct the City Attorney to draft the ballot measure. Second by Councilmember Genser. Discussion was held. Councilmember Genser moved to extend the meeting to ~1:40 P.M. Second by Mayor Zane. The motion was approved, Councilmember Katz opposed, Councilmember Jennings absent. The motion to direct the Ci ty Attorney to prepare the ballot measure was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: councilmember Jennings Negative: Councilmembers Katz, Reed councilmember Katz requested that the record reflect that he voted "no" on this item as he feels that it is a last minute item and a public hearing should be held and an EIR should be prepared. Councilmember Reed requested that the record reflect that she voted uno" on this item as she does not feel that there is enough 3 July 3, 1990 167 information before Council to assess the need for this ballot measure or the possible success if it is to become a ballot measure. 15: PUBLIC INPUT: Member of the public JOY Fullmer expressed her concerns. Member of the public Art Casillas expressed his concerns regarding parking and traffic in the pico neighborhood. CLOSED SESSION: Not held. ADJOURNMENT: At 11:40 P.M., the meeting was adjourned to July 10, 1990, in memory of Edward G. Phillps. ATTEST: APPROVED: _~~k-?L c&: / Clarice E. Joh sen City Clerk ()~71>- Dennis Zane Mayor 4 July 3, 1990