CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 6, 1997
A special meeting of the Santa Monica City Council was called
to order by Mayor O'Connor at 6:44 p.m., on Tuesday, May 6,
1997, in the Council Chambers.
Roll Call: Present: Mayor Pamela O'Connor
Mayor Pro Tem Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Paul Rosenstein
Absent: Councilmember Asha Greenberg
Also Present: City Manager John Jalili
Assistant City Attorney Joseph
Lawrence
Deputy City Attorney Mary Strobel
City Clerk Maria M. Stewart
The Mayor announced that Item No. 7-A will be heard
concurrently with Item No. 8-A.
7-A: APPEAL/SENIOR HOUSING PROJECT/PUBLIC PARKING STRUCTURE:
Presented was Appeal 97-002 and Appeal 97-003 of the Planning
Commission Approval of a 66-unit Senior Housing Project and 165
Public Parking Structure Located at 1136-1144 Fourth Street.
Actions related to the Project Approval include: an ordinance
for introduction and first reading amending Sections
9.04.08.38.050 and 9.04.08.38.090 of Article IX of the
Municipal Code regarding conditionally permitted uses and
design standards in the "A" Off-Street Parking Overlay
District; approval of a Mitigated Negative Declaration;
Variance 95-015 to allow setback encroachments and parcel
coverage in excess of 50%; Conditional Use Permit 97-002 to
allow a parking structure in the "A" Off-Street Parking Overlay
District; and, Development Review 95-002 to allow a development
over 22,500 square feet in the NWR3A District. (Continued from
April 29, 1997.)
Applicants: Menorah Housing Foundation of the Jewish
Federation Council, and
City of Santa Monica
Appellants: Richard Caruso; Rosario Perry for Charmont
Partners, Ltd.
8-A: ORDINANCE/PARKING FACILITIES/"A" OFF-STREET PARKING
OVERLAY DISTRICT: Presented was an ordinance for introduction
and first reading amending Section 9.04.08.38.050 and Section
9.04.08.38.090 of the Santa Monica Municipal Code regarding
conditionally permitted uses and design standards applicable to
parking facilities in the "A" Off-Street Parking Overlay
District. (Continued from April 29, 1997.)
Planning Director, Suzanne Frick, reviewed the information
provided in the supplemental staff report.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Genser, to meet in a closed session with the City Attorney and
appropriate staff prior to hearing these items. The motion was
unanimously approved by voice vote, Councilmember Greenberg
absent.
CLOSED SESSION: At 6:46 p.m., Council adjourned to Closed
Session.
At 7:32 p.m., Council reconvened with all members present
except Councilmember Greenberg.
7-A: APPEAL/SENIOR HOUSING PROJECT/PUBLIC PARKING STRUCTURE
(Resumed):
8-A: ORDINANCE/PARKING FACILITIES/"A" OFF-STREET PARKING
OVERLAY DISTRICT (Resumed):
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to re-open the public hearing, allowing additional
time for the applicant to speak on the information contained in
the supplemental report. The motion was unanimously approved
by voice vote, Councilmember Greenberg absent.
On order of the Mayor, the public hearing was opened.
Richard Caruso, appellant, spoke in opposition to the project
and in support of the appeals.
Rosario Perry, appellant, spoke in opposition to the proposed
ordinance regarding conditionally permitted uses and design
standards applicable to parking facilities in the "A" Off-
Street Parking Overlay District (Item No. 8-A).
Member of the public Karl Schober asked questions about the
proposed development and parking and discussed the importance
of the economic vitality and growth of the Bayside District and
parking needs.
Member of the public Joey Fullmer expressed her concerns.
There being no other speakers, the Mayor closed the public
hearing.
Assistant City Attorney Joseph Lawrence, announced, for the
record, that no reportable action was taken during the closed
session during which one matter of anticipated litigation was
discussed.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to adopt Resolution No. 9143(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING A
MITIGATION MONITORING PLAN FOR THE 1136-1144 FOURTH STREET
SENIOR HOUSING/PUBLIC PARKING STRUCTURE PROJECT," reading by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Abstain: Councilmember Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Councilmember Greenberg
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.08.38.050 AND 9.04.08.38.090 REGARDING CONDITIONALLY
PERMITTED USES AND DESIGN STANDARDS APPLICABLE TO PARKING
FACILITIES IN THE "A" OFF-STREET PARKING OVERLAY DISTRICT,"
reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Abstain: Councilmember Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Councilmember Greenberg
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to deny Appeal 97-002. The motion was approved by
the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Abstain: Councilmember Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Councilmember Greenberg
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to deny Appeal 97-003. The motion was approved by
the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Abstain: Councilmember Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Councilmember Greenberg
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to uphold the Planning Commission approval of
Variance 95-015 to allow setback encroachments and parcel
coverage in excess of 50%. The motion was approved by the
following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Abstain: Councilmember Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Councilmember Greenberg
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to uphold the Planning Commission approval of
Conditional Use Permit 97-002 to allow a parking structure in
the "A" Off-Street Parking Overlay District.
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to amend the motion and add a condition of approval as
follows: "The applicant, in consultation with the City and
adjacent business representatives, shall evaluate the
feasibility of providing valet parking, shuttles or drop-off
zones during the period of construction when the public parking
is not available. In the event the applicant, in consultation
with the City, determines those parking measures are feasible,
the program shall be provided on a pilot basis for no less than
two months. After two months the applicant and City shall
evaluate the program and its effectiveness. After the
evaluation, the program may be discontinued if it is determined
to be unsuccessful." The motion was approved by voice vote,
Councilmember Ebner and Mayor Pro Tem Holbrook abstaining and
Councilmember Greenberg absent.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to amend the motion and add a condition of approval
that the developer join with the City and request permission
from HUD to allow local preferences to whatever degree possible
in tenant selection. The motion was approved by voice vote,
Councilmember Ebner and Mayor Pro Tem Holbrook abstaining and
Councilmember Greenberg absent.
The main motion, as amended, was approved by the following
vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Abstain: Councilmember Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Councilmember Greenberg
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to uphold the Planning Commission approval of
Development Review 95-002 to allow development over 22,500
square feet in the NWR3A District subject to the findings and
conditions as approved by the Planning Commission, including
any amendments appropriate from those made in the last motion.
The motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Abstain: Councilmember Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Councilmember Greenberg
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to direct staff to look for additional parking spaces
in the immediate vicinity of Third Street and Fourth Street and
Wilshire; ask staff to analyze the effects of the forty-two
temporary spaces to consider the possibility that they be made
permanent after the construction period as part of a public
process with the neighborhood; and, to authorize staff to work
with the developer to ensure fair procedures in tenant
selection.
At the request of Councilmember Genser, Councilmember
Rosenstein separated the last direction from the above motion
for a motion to read as follows:
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to direct staff to look for additional parking spaces
in the immediate vicinity of Third Street and Fourth Street and
Wilshire; ask staff to analyze the effects of the forty-two
temporary spaces to consider the possibility that they be made
permanent after the construction period as part of a public
process with the neighborhood . The motion was approved by
voice vote, Councilmember Ebner and Mayor Pro Tem Holbrook
abstaining, Councilmember Greenberg absent.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to authorize staff to work with the developer to
ensure fair procedures in tenant selection. The motion failed
by voice vote, Councilmembers Ebner and Genser, Mayor Pro Tem
Holbrook, and Mayor O'Connor abstaining, Councilmember
Greenberg absent.
16: CLOSED SESSION: At 8:50 p.m., Council adjourned to Closed
Session.
16-A: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Mobil Oil
Corporation et al., Case No. SC045788.
ACTION: Heard. No action taken.
16-B: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL
Anticipated Litigation
Number of cases: Two
ACTION: Heard. No action taken.
ADJOURNMENT: At 10:00 p.m., the meeting was adjourned.
ATTEST: APPROVED:
Maria M. Stewart Pamela
O'Connor
City Clerk Mayor