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M-1/13/1987 (3) 219 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 13, 1987 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 5: 35 p.m. on Tuesday, January 13, 1987, in the Council Chambers. SPECIAL STUDY SESSION: A Special StUdy Session was called to order by Mayor Conn at 5:35 p.m. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz Councilmember David B. Finkel Councilmember william H. Jennings (entered at 7:10 p.m.) councilmember Alan S. Katz (entered at 5:40 p.m.) councilmember Christine E. Reed (entered at 6:30 p.m.) councilmember Dennis Zane Also Present: city Manager John Jalili city Attorney Robert M. Myers city Clerk Ann M. Shore 88-1: CL08ED SES8ION: 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 5:36 p.m., Mayor Pro Tempore H. Katz moved to adjourn to Closed Session to consider the following pending cases: David v. ci ty of Santa Monica, Santa Monica Superior Court Case No. WEC 88617; Atkinson v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 95704; Grandy v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 75045; Claim of Robert J. Regan, Claim No. ASM 86-141; Rudduck v. City of Santa Monica, Santa Monica superior Court Case No. 83565; Stark v. City of Santa Monica, Los Angeles Superior court Case No. C 404504; Stevens v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 90882; Garcia v. City of Santa Monica, Los Angeles Superior Court Case No. C 603518; Higgins v. City of Santa Monica, Los Angeles Superior Court Case No. C 389028: Kaufman v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 92879; In re California Aviation, Inc., united States Bankruptcy Court Case No. 86-23264-JD; and People v. The Beach Club, Santa Monica Superior Court Case No. WEe 42544. Second by Councilmember Finkel. The motion was approved by unanimous vote. At 6:37 p.m., Council reconvened with six members present, Counci1member Jennings absent (arrived at 7:10 p.m.) No action was taken at this time (see Item ll-C at end of minutes) . 1 January 13, 1987 I I 220 SS-2: PARCEL AT 415 PACIFIC COAST HIGHWAY: Presented was an oral staff report presenting additional information related to a proposed Request for Proposal for submission to the state Department of Parks and Recreation in regard to a state-owned parcel at 415 Pacific Coast Highway, previously considered as Item 11-C (at the City Council meeting held December 9, 1986), and to be considered again as Item Il-B on this agenda. Discussion was held. ADJOURNMENT: At 7: 24 p. m. , a motion was made, seconded and approved to adjourn the Special study Session. REGULAR CITY COUNCIL MEETING: A regular meeting of the Santa Monica city council was called to order by Mayor Conn at 7:37 p.m. on Tuesday, January 13, 1987, in the Council Chambers. Councilmember Reed led the assemblage in the pledge of allegiance to the United states of America. Reverend Robert Lee DeFrance, Calvary Baptist Church, offered the invocation. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz councilmember David B. Finkel Councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore 4-A: EMPLOYEE SERVICE PIN: Mayor Conn presented Nathaniel Duncan, Motor Coach operator, with a service pin for 20 years of dedicated service. 4-B: EMPLOYEE COMMENDATION: Mayor Conn presented Mildred Morhaime, retiring staff member of the City Attorney I s office, with a commendation honoring her service. 4-C: UCLA LUNG HEALTH STUDY: Mayor Conn read a proclamation commending Dr. Donald P. Tashkin and the UCLA Lung Health study for their interest in public health and welcoming them to the community. CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL JOINT MEETING: Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herb Katz Agency Member David B. Finkel Agency Member William H. Jennings Agency Member Alan s. Katz Agency Member Christine E. Reed Agency Member Dennis Zane 2 January 13, 1987 221 Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore CC/RA-l: MINUTES APPROVAL: Presented were the minutes of the Redevelopment Agency meeting held December 9, 1986. Councilmember A. Katz moved to approve the minutes as presented. Second by councilmember Reed. The motion was unanimously approved. CC/RA-2: RENTAL HOUSING DEVELOPMENTS AT 2400 5TH STREET AND 2207 6TH STREET: Presented was a public hearing and a staff report recommending authorization of an agreement to sell Redevelopment Agency-owned land to community Corporation of Santa Monica for development of rental housing units at 2400 5th Street and 2207 6th street. Discussion was held. At B: ~5 p. In., the public hearing was declared opened. There being no one wiShing to be heard, the public hearing was declared closed. Agency Member Finkel moved that we sharpen the criteria for priorities with respect to eligibility for occupancy by indicating that we first look to residents of the City and that we incorporate, in addition to the priority of residency over employment, the concept suggested by Agency Member Reed that Ellis Bill evictees have priority after Ocean Park residents for housing. The motion died during discussion regarding procedures. Agency Member Reed moved to approve the staff recommendation with the changes that this language and language for all future new housing projects should include the priorities Agency Member Finkel suggested about residents having priority over employees and the statement that residents of this City evicted by virtue of the Ellis Bill who qualify under the income limits shall have the immediate priority right after displaced persons from the Ocean Park Redevelopment Project, thereby adopting Resolution No. 414 (RAS) entitled: IIA RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA INVOKING THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33433 APPROVING THE SALE OF AGENCY OWNED LAND AT 2400 FIFTH STREET AND 2207 SIXTH STREET TO COMMUNITY CORPORATION OF SANTA MONICA FOR THE DEVELOPMENT OF AFFORDABLE HOUSING,t1 reading by title only and waiving further reading thereof, authorizing the sale of land at 2400 5th Street and 2207 6th street to Community Corporation of Santa Monica for the development of affordable rental housing and authorizing the Executive Director to negotiate and execute Agreement No. 4861 (RAS), as amended above, for sale of land for development of housing which shall include the provisions detailed in the staff report dated January 13, 1987, and disbursement of up to $373,357.58 in Agency funds appropriated for the Ocean Park Replacement Housing project. Second by Agency Member Zane. Agency Member Zane moved an amendment that the set of options that are available to the Agency and the Community Corporation at the end of the 50-year period be limited to only those which will ensure the continued use of the site for affordable housing. Second by Agency Member Finkel. Discussion was held. The amendment was approved by a voice vote of six to one, Chairperson Pro Tempore H. Katz opposed. Discussion was held. The main motion, as amended, was approved by the fOllowing vote: 3 January 13, 1987 I I 222 Agency vote: Unanimously approved 7-0 CC!RA-3: DOWNTOWN AND OCEAN PARK REDEVELOPMENT PROJECT LOANS: Presented was a staff report recommending approval of extension of loans for the Redevelopment Agency Downtown and Ocean Park Projects. Agency Nelllber Zane moved the staff recommendation, thereby approving and authorizing the Chairperson to execute the six Promissory Notes between the Agency and the City, extending the loans for the 1987 calendar year. Second by Chairperson Pro Tempore H. Katz. The motion was approved by the following vote: Agency vote: Unanimously approved 7-0 Discussion was held. Councilmember Zane moved the recommendation, thereby agreeing to renew the six loans Redevelopment Agency and to accept the Promissory Notes. by Mayor Pro Tempore H. Katz. The motion was approved following vote: staff to the Second by the Council vote: Unanimously approved 7-0 ADJOURNMENT: At 8: 35 p.m., a motion was made, seconded and approved to adjourn the Redevelopment Agency meeting. REGULAR CITY COUNCIL MEETING RECONVENED: 5-A: DISCRIMINATORY ORGANIZATIONS: Presented was the request of Councilmember Finkel to discuss a proposed resolution prohibiting participation in organi-zations which discriminate against women or minorities, continued from December 9, 1986. Discussion was held. Councilmember Finkel introduced discussion and moved to instruct the city Attorney to draft an appropriate resolution for later consideration in public session and adoption to the effect that city employees shall not be permitted to appear before organizations on worktime while on the payroll if those organizations discriminate against women or minorities in membership, and with respect to public officials, that they likewise be obligated, if they should appear before such bodies, to indicate that they are appearing on their own behalf and not on behalf of the City. Second by councilmember Zane. Discussion was held. The motion was approved by a voice vote of four to three, Councilmembers H. Katz, Jennings, and Reed opposed. Mayor Pro Tempore H. Katz requested the record to reflect that his no vote is because of the limitation of the women and minorities, not because of the concept. Councilmember Reed requested the record to reflect that her no vote is because she does not think that the City should, by direction, cut off the ability of the city to communicate in any official way with regard to City policies to organizations, even if those organizations happen to discriminate in their membership pOlicies; she thinks that there are often times when the City, either the public officials or the employees of the City, are in a role of needing to communicate with organizations about items of public policy, and she does not believe that we should, by 4 January 13, 1987 223 action of the council, restrict our ability to make those communications. 5-B: ALCOHOL EFFECTS ON PREGNANT WOMEN: Presented was the request of Councilmember Finkel to discuss enacting an ordinance requiring warning signs on the effect of alcohol on pregnant women, continued from December 9, 1986. Councilmember Finkel introduced discussion and moved to direct the City Attorney to I draft a proposed ordinance for public hearing, the thrust of which is to require dispensers for sale of alcoholic beverages in Santa Monica to post an appropriate sign on their premises warning the public that imbibing of alcoholic beverages can be dangerous to the fetus and should be avoided by pregnant women for that reason, including in the motion Councilmember A. Katz's suggestion to request staff to explore other educational means and to report on other jurisdictions that have a similar ordinance. Second by Councilmember A. Katz. Discussion was held. The motion was approved by unanimous vote. 5-C: HIGH AUTO INSURANCE COSTS: Presented was the request of Councilmember Finkel to discuss relief for residents of high costs of auto insurance, continued from December 9, 1986. Councilmember Finkel introduced discussion and requested Councilmembers to indicate if there is interest in his pursuing this matter toward a future request for staff review. During discussion, no objection was voiced. 5-D: LOW COST MEDICAL CARE: Presented was the request of councilmember Finkel to discuss possible methods to make low cost medical care available to residents, continued from December 9, 1986. councilmember Finkel introduced discussion. (Councilmember A. Katz left the dais due to conflict of interest. ) Councilmember Finkel moved to adopt as a general matter the proposition that Council support the investigation of ways and means of helping to provide to the residents of Santa Monica low or affordable cost health insurance; that this be put on the social agenda and kept as an item of ongoing concern, one that Council should try to tackle in 1987; that this be done in a number of ways -- work together with professors at UCLA School of Public Health who are working on this problem and instruct the lobbyist in Sacramento to follow Assemblyman Hauser I s upcoming proposed legislation; and if apropriate, lobby in support of such state legislation, try to rally the support of other communities, and in general, to do whatever can be done to try to develop ways and means of helping the citizenry acquire access to health insurance. Second by Councilmember Zane. Discussion was held. During discussion, Councilmernber Finkel clarified that the spirit of his proposal is that Council ask our lobbyist to get raw materials from sacramento when the Hauser legislation is introduced; Council should then make a judgment as to whether it is what it appears to be and whether Council can or should relate to it, and, if it is a meaningful way to advance the case, more concrete steps should be taken at that time. Councilmember Reed moved to hear from a member of the public. Second by Mayor Pro Tempore H. Katz. The motion was approved. Joy Fullmer spoke in support of overhauling the legal, medical and insurance system. 5 January 13, 1987 I 224 Discussion was held. The motion was unanimously approved by a voice vote. 5-E/14-C/14-H: ELECTION PROCEDURES/CAMPAIGN SPENDING AND PRACTICES: Presented was the request of Councilmember Finkel to discuss an ordinance to limit campaign spending and eliln.inate certain campaign practices, continued from December 9, 1986. Councilmember Finkel introduced discussion and moved to consolidate discussion of agenda items S-E, 14-C and 14-H having to do with the election reform and changes. Second by Mayor Pro Tempore H. Katz. Discussion was held. ; Councilmember Zane moved an amendment that Council set a date for a public hearing and Council discussion on the issues of campaign conduct and financing and a second item on the formal structure of the electoral process, the distinction being clear within the agenda; that we set those two items for public hearing and Council discussion on the third meeting of March (March 17, 1987), and ask staff to respond to requests from Councilmembers for assistance and research as they should direct them in the interim. wi th the consent of the second, Councilmember Finkel incorporated the amendment into the main motion. Discussion was held. The motion was unanimOUSly approved. 5-F: ZONING PROCESS: Presented was the request of Mayor Pro Tempore H. Katz to discuss an interim resolution amending the zoning process to provide a one-step procedure for certain variances and permits, continued from December 9, 1986. Mayor Pro Tempore H. Katz introduced discussion and moved to direct the City Attorney to prepare an ordinance amending the zoning regulations, Article 9, Chapter 1, Section 9140, to permit the Planning Commission to act on variances and other permits normally requiring approval by the zoning Administrator, if associated with application for a discretionary permit, and to do this as quickly as possible. Second by Councilmember A. Katz. Discussion was held. The motion was unanimously approved. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are approved in one motion unless removed from the calendar for discussion. Councilmember Reed moved to approve the Consent Calendar with the exception of Items 6-A and 6-J, reading resolutions and ordinances by titles ony and waiving further reading thereof. Second by councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-B: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No. 7354 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-87-93), II was adopted, setting a public hearing for February 10, 1987, on assessment of costs to repair damaged sidewalks , driveways and curbs on various streets (SR-87-93). 6 January 13, 1987 225 6-C: REVERSION TO ACREAGE/2207 6TH STREET: Resolution No. 7355 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVERTING TO ACREAGE TRACT 13630 AND ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 17945," was adopted, approving Subdivision Map No. 17945 for reversion to acreage of a 4-unit condominium map at 2207 6th Street. 6-D: TENANT PARTICIPATING CONVERSION/2225 20TH STREET: I Resolution No. 7356 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 44111," was adopted, approving Tract No. 44111 for a tenant-participating conversion TPC-028 of six units at 2225 20th street. 6-E: POLICE DEPARTMENT No. 7357(CCS) entitled: CITY OF SANTA MONICA RECORDS OF THE SANTA GOVERNMENT CODE SECTION OBSOLETE RECORDS DESTRUCTION: Resolution IIA RESOLUTION OF THE CITY COUNCIL OF THE AUTHORIZING THE DESTRUCTION OF CERTAIN MONICA POLICE DEPARTMENT PURSUANT TO 34090,11 was approved. 6-F: DOG CONTROL: ordinance No. 1396(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4136 RELATING TO THE CONTROLLING OF DOGS ON PUBLIC AND PRIVATE PROPERTY,II was adopted, thereby providing penalties for owners of dogs which deposit fecal matter in gutters and drains. 6-G: ALCOHOLIC BEVERAGE REGULATIONS: Ordinance No. 1397 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE EXPIRATION DATE OF ORDINANCE NUMBER 1319(CCS),1I was adopted, thereby extending the expiration date of an Interim Conditional Use Permit approval process for new and existing alcohol-serving businesses to January 1, 1988. 6-H: AIRPORT NAVIGATIONAL AIDS: A recommendation was approved authorizing the city Manager to execute Contract No. 4862(CCS), an agreement with the Federal Aviation Administration for the relocation of the Rotating Beam Cei10meter and Runway End Indicator Lights at the Santa Monica Airport. 6-1: FINANCIAL AUDIT: A recommendation was approved authorizing the City Manager to extend for three years Contract No. 4424(CCS) with Peat, Marwick, Mitchell and Company to perform annual and as-needed audits of City financial operations as set forth in the firm's proposal transmitted with the staff report dated January 13, 1987. 6-K: REVERSION TO ACREAGE/3005 HIGHLAND: A recommendation was approved to continue consideration of the resolution for approval of Final Parcel Map 17944, Tract 38475, for reversion to acreage at 3005 Highland to the meeting of January 27, 1987, in order to allow the required notification. END OF CONSENT CALENDAR 7 January 13, 1987 I 2.2( 6-A: MINUTES APPROVAL: Presented were the minutes of the City Council meeting held December 9, 1986. Councilmember A. Katz noted an error on page 17: Mayor Pro Tempore Herb Katz is delegate to the City/College Cooperation Committee, rather than Alan S. Katz. Councilmember Reed noted, on page 12 middle of the page, the disposition of Councilmember Finkel I s motion is not clear. Councilmember Reed moved to ask the City Clerk to research the item and return it at the next meeting. Second by Councilmember H. Katz. The motion was unanimously approved. 6-J: ALCOHOLIC BEVERAGES IN PUBLIC PLACES: A recommendation was approved directing the city Attorney to amend Municipal Code Section 4204a to prohibit possession of open containers of alcoholic beverages in certain public places. Councilmember Finkel introduced discussion and moved the staff recommendation, thereby directing the City Attorney to prepare an ordinance amending Municipal Code Section 4204a. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-A: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a staff report and a pUblic hearing on assessments of costs to repair damaged sidewalks, driveways and curbs (SR-87-92). The public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Mayor Pro Tempore H. Katz moved to adopt Resolution No. 7358(CCS) entitled: II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-8 7 -9 2) , II reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-B: GUTTER/STREET RESURFACING ASSESSMENT DISTRICT: Presented was a public hearing on gutter and street resurfacing assessment district. The public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Councilmember Reed moved to adopt Resolution No. 7359 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE STREET RESURFACING AND CONSTRUCTION OF GUTTERS IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 7341 (CITY COUNCIL SERIES) , n reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 7-0 7-C: MARINE PARK UNDERGROUND UTILITY DISTRICT: Presented was a staff report and a public hearing on the amendment of boundaries of the Marine Park Underground Utility District. The public hearing was declared opened. There being no one wishing to be heard, the pUblic hearing was declared closed. Mayor Pro Tempore 8 January 13, 1987 227 H. Katz moved to acknowledge the written protest of R.Z. Lanz, and adopt Resolution No. 7360 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC NECESSITY, HEALTH, SAFETY AND WELFARE REQUIRES WITHIN A CERTAIN DESIGNATED AREA, THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES SUPPLYING ELECTRIC SERVICES, AND DESIGNATING SUCH CERTAIN AREA AN UNDERGROUND UTILITY DISTRICT AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD I STRUCUTRES WITHIN SUCH DISTRICT AND THE UNDERGROUND INSTALLATION OF SUCH WIRES AND FACILITIES," reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: council vote: Unanimously approved 7-0 7-D: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Presented was a staff report and a pUblic hearing regarding Community Development Block Grant funds program performance assessment for Fiscal Year 1985-86 and review of Fiscal Year 1986-87 Community Development Program grant rationale. The public hearing was declared opened. Dale Dutton, vice-chair of the Social Services Commission, stated he is present to respond to questions. There being no one else wishing to be heard, the public hearing was declared closed. councilmember A. Katz moved the staff recommendation, thereby approving the funding rationale and funding mechanisms as specified in the staff report dated January 13, 1987, and authorizing the City Manager to implement the grant funding process within the timelines specified. Second by Mayor Pro Tempore H. Katz. Discussion was held. councilmember Reed moved an amendment to indicate that a slightly higher rating be given to Guideline no. 5 on page 8 which requires that Community Service Projects funding decisions should ensure services to those most in need, individuals who lack an adequate income, experience language or cuI tural barriers, are physically vulnerable, or lack the informal or family support necessary to provide for basic human survival needs. The maker and the second accepted the amendment as friendly, thereby incorporating it into the motion. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 8-A: DEVELOPMENT AGREEMENT/CAMPEAU COPRORATION AND 2600 COLORADO ASSOCIATES: Presented was a staff report transmitting an ordinance for introduction and first reading approving a first amendment to Contract No. 3743(CCS), a Development Agreement with Campeau Corporation and 2600 Colorado Associates for property located at 2600 Colorado Avenue providing for a number of changes including the elimination of 30 units of on-site housing and payment of an in-lieu fee to the city of $1,500,000 for housing; an increase in the size of the public park from 12,300 square feet to 17,400 square feet; and relocation of the public park to the eastern end of the property. Discussion was held. The public hearing was declared opened. Councilmember Zane moved to hear from members of the pUblic for three minutes each. Second by Councilmember Finkel. The motion was approved. Bob Scott 9 January 13, 1987 I 223 spoke against splitting the fees between parks and housing. Penny Pearlman requested a careful look at allocation of resources. Chris Harding spoke in support of an amendment providing for an in-lieu fee; questioned whether they could find consistency between this amendment, the General Plan and the requirements of Ordinance 1367 (CCS) : suggested the open space is too small to be a public park; and recommended approval of the amendment now deferring fund allocation to a later time in order to solve legal and policy issues. Fred Cadham and Paul Rosenstein spoke in support of the amendment. There being no one else wishing to be heard, the pUblic hearing was declared closed. Discussion was held. Councilmember A. Katz moved to approve staff recommendation with the following additions: the first being that the City Attorney prepare a legal memoranda on the issue of the applicability of Ordinance 1367(CCS) in time for the second reading of this ordinance, and second, that public testimony be allowed at that second hearing, thereby introducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CAMPEAU CORPORATION CALIFORNIA AND 2600 COLORADO ASSOCIATES AND THE CITY OF SANTA MONICA, II reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. katz. Discussion was held. Councilmember A. Katz moved to extend the meeting to midnight. Second by Mayor Pro Tempore H. Katz. The motion was approved. Councilmember A. Katz moved an amendment to delete the non-opening window allowance in the staff recommendation. Second by Councilmember Reed. The maker and second accepted the amendment as friendly, thereby incorporating it into the motion. Discussion was held. Councilmember Jennings moved to amend section 1 of the first amendment to the Development Agreement to state something to the effect that the Council will decide and has total discretion as to what it intends to do with the $1.5 million and is not necessarily at this time allocating it to housing, the motion to include Councilmember Reed's suggestion that Council has discretion up to the formula of 45-45-10 percent. Second by Councilmember Reed. The amendment failed by the following vote: Council vote: Affirmative: Councilmembers Jennings, H. Katz, Reed Negative: Councilmembers Finkel, A. Katz, Zane, Mayor Conn The main motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Conn Negative: Councilmember Reed 10 January 13, 1987 229 Mayor Pro Tempore H. Katz moved to meet on January 20, 1987 to consider items not considered tonight. Second by Councilmember Zane. The motion was approved by unanimous vote. II-A: KIDSDAY/APRIL 25, 1987: KidsDay activities on April 25, 20, 1987. Il-B: PARCEL AT 415 PACIFIC COAST HIGHWAY: Presented was a staff report recommending authorization to submit to the state Department of Parks and Recreation a Request for Proposal (RFP) for a state-owned parcel at 415 Pacific Coast Highway. Discussion was held. Mayor Pro Tempore H. Katz moved to hear from members of the pub1 ic for three minutes each. Second by Councilmember Finkel. The motion was approved. Doug Lowe and Doug Batt spoke in support of flexibility in project design and uses. Richard Wilson spoke to urge a balance between long-term revenue generation and intensity of uses. Phyllis Nugent requested that there be open space on the beach. Councilmember A. Katz moved to approve the staff recommendation, thereby authorizing the City Manager to submit to the State Department of Parks and Recreation an RFP for the State-owned parcel at 415 Pacific Coast Highway, as specified in the staff report dated January 13, 1987. Second by Councilmember Finkel. Discussion was held. Councilmember Zane moved an amendment that the language, the paragraph on page 5 of the RFP, I1permitted Uses", encourage beach-related recreational uses available to and affordable to the general public, permit overnight visitor accommodations and restaurants consistent with other policy objectives of this document, and that it permit cultural and entertainment facilities consistent with the overall uses of the project in harmonious relations with neighbors. There being no obj ection from the second, Councilmember A. Katz accepted the amendment as friendly, thereby incorporating it into the motion. Councilmember Reed moved an amendment to delete the reference to four stories and indicate the height be 35 feet measured from the average grade of the Pacific Coast Highway and, if it needs to be said, that we do not care about the basement stories or levels below the grade of the Pacific Coast Highway. Discussion was held. Mayor Conn rephrased the motion that the language is two stories by right, up to four stories by Conditional Use Permit, with the proviso that nothing be higher than 35 feet above the average grade of Pacific Coast Highway. There being no objection, the amendment as rephrased was incorporated into the main motion. Discussion was held. Councilmember A. Katz moved an amendment to limi t the height as follows: that the RFP strongly encourage that the height not exceed 35 feet above Pacific Coast Highway. The motion was duly seconded and failed by the following vote: A recommendation to approve 1987, was continued to January I council vote: Affirmative: Councilmerobers Finkel, Jennings, A. Katz Negative: Councilmembers H. Katz, Reed, Zane, Mayor Conn 11 January 13, 1987 I 230 Discussion was held. Councilmember Reed moved an amendment to restore the 1921 mean high tide language, keeping in mind that uses permitted west of the 1921 mean high tide line be recreational uses, non-permanent uses, swimming pool uses, outdoor eating uses, etc. Second by Mayor Conn. The motion failed by the following vote: Council vote: Affirmative: councilmember Reed, Mayor Conn Negative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane The main motion, as amended, was approved by the following vote: Council vote: Affirmative: councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: councilmember Reed Councilmember Reed requested the record to reflect that her vote is because of the failure to really address the 1921 mean high tide line. 11-C: CLOSED SESSION: Considered later in the evening. 12-A: eM DISTRICT: Presented was a staff report recommending continuation of an appeal of the Planning commission denial of a text amendment to the CM District and setting a new hearing date for January 27, 1987. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby setting the hearing date for January 27, 1.987. The motion was duly seconded and unanimously approved. Councilmember A. Katz moved to extend the meeting to 1:00 a.m. Second by Mayor Pro Tempore H. Katz. The motion was approved. 12-B: RESTAURANT EXPANSION/2820 MAIN STREET: Presented was a staff report regarding an appeal of the Planning commission decision approving Development Review 347a, Conditional Use Permit 43la, for restaurant expansion at 2820 Main street. Appl icant: Wave Restaurant. Appellant: Mayor Pro Tempore H. Katz. Discussion was held. Sherman Stacey spoke in support of the project. Discussion was held. Henry Custis spoke in opposition to the project and in support of the appeal. Laurel Roennau, Julie Dad, Ken Haker, Martina Guilford, Brandon MacNeal, Geraldine Moyle, Elsa J. Petrucelli, Sara Faulds, Gerry Lopez, and Tony Haig spoke in opposition to the project. Corwyn Anthony, stephen Brock, Lenny Shabes, and Bob Scura spoke in support of the project. Councilmember A. Katz moved to extend the meeting to 2: 00 a.m. Second by Councilmember Reed. The motion was approved. Discussion was held. Mayor Pro Tempore H. Katz moved to uphold the appeal. Second by Councilmember Zane. Discussion was held. Mayor Conn moved a substitute motion to uphold the Planning commission and deny the appeal. Second by Councilmember Jennings. Discussion was held. The substitute motion failed by the following vote: 12 January 13, 1987 231 council vote: Affirmative: councilmember Jennings, Mayor Conn Negative: Councilmembers Finkel, A. Katz, H. Katz, Reed, Zane The main motion was approved by the following vote: council vote: Affirmative: councilmembers Finkel, Jennings, A. Katz, H. Katz, Reed, Zane Negative: Mayor Conn Mayor Conn requested the record to reflect that his no vote is that because it does not solve the parking problem on Main street. 13-A: HOUSEHOLD CATS: Presented was the request of Marcy Britton to address council regarding legislation to limit the number of household cats. (Speaker was not present for consideration; however, Mrs. Britton had spoken with the City Clerk previously to remove the matter from the agenda.) 13-B: FIRE CODE: The request of Keith W. Council regarding an interpretation of the continued to January 20, 1987. Bair to address Fire Code was 13 -C: ELECTION CAMPAIGN: The request of Herman Rosenstein to address council regarding recently completed election campaign was continued to January 20, 1987. 13-D: BEACH PARKING/1750 APPIAN WAY: The request of Sam Israel to address Council regarding beach parking lot at 1750 Appian Way was continued to January 20, 1987. 14-A: THIRD STREET DEVELOPMENT CORPORATION: The matter of appointing a member to the Third Street Development Corporation was continued to January 20, 1987. 14-B: STOP SIGNS IN ALLEYS: The request of Councilmember Zane to discuss the need for stop signs in alleys, continued from December 9, 1986 was continued to January 20, 1987. 14-C: ELECTION CAMPAIGNS: The request of Councilmember Zane to discuss a possible ordinance requiring declaration of conflict of interest related to campaign contributors, continued from December 9, 1986, was continued to March 17, 1987, in combination with Items 5-E and 14-H. 14-D: RECREATION AND PARKS COMMISSION: Presented was the matter of acceptance of a letter of resignation from Jil Abramsky of Recreation and Parks Commission and authorization for City Clerk to publish a notice of vacancy. Councilmember Reed moved to accept the letter of resignation with regret, thank Ms. Abramsky for her service, and authorize the Clerk to publish a notice of vacancy. Second by councilmember A. Katz. The motion was unanimously approved. 13 January 13, 1987 I I 232 l4-E: COUNCIL CHAMBER USE: The request of Mayor Conn to discuss waiving of fee for use of Council Chambers by the state Park and Recreation Commission on February 6, 1987, was continued to January 20, 1987. 14-F: ART GALLERIES LOCATION: The request of Councilmember Finkel to discuss ways to encourage and assist City location of art galleries was continued to January 20, 1987. 14 -G: THIRD STREET MALL CINEMA PROJECTS: request of Councilmember Zane to discuss location of new cinema projects for the councilmember Zane moved to continue this 1987, as a 5 item. Second by Councilmember unanimously approved. Presented was the policy prioritizing Third Street Mall. item to January 27, Reed. The motion was l4-H: ELECTION PROCEDURES: The request of Councilmember A. Katz to discuss modification of election procedures to number Council seats was continued to March 17, 1987, in combination with Items 5-E and 14-C. 14-1: FIRE SPRINKLERS/MULTI-FAMILY RESIDENTIAL BUILDINGS: The request of Counci1members A. Katz and Reed to discuss and possibly direct the city Attorney to prepare an ordinance extending compliance date for the installation of fire sprinklers in mUlti-family residential buildings over 55 feet in height was continued to January 20, 1987. 15: PUBLIC INPUT: continued to January 20, 1987. ll-C: CLOSED SESSION: Presented was the 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 1:50 a.m., Council adjourned to Closed Session to consider the fallowing cases: David v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 88617; Atkinson v. City of Santa Monica, Santa Monica Superior Court Case No. WEe 95704; Grandy v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 75045; Claim of Robert J. Regan, Claim No. ASM 86-141: Rudduck v . city of Santa Monica, Santa Monica Superior Court Case No. 83565: Stark v. City of Santa Monica, Los Angeles Superior Court Case No. C 404504: Stevens v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 90882: Garcia v. city of Santa Monica, Los Angeles Superior Court Case No. C 603518; Higgins v. city of Santa Monica, Los Angeles Superior Court Case No. C 389028; Kaufman v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 92879: In re California Aviation, Inc., United States Bankruptcy Court Case No. 86-23264-JD; and People v. The Beach Club, Santa Monica Superior Court Case No. WEC 42544. At 2:10 a.m., Council reconvened with five members present, Counci1member Jennings and Mayor Pro Tempore H. Katz absent. Councilmember Zane moved to approve settlements in the following cases: Kaufman v. city, $100,000; Atkinson v. city, $7,000; David v. city, $22,500; Grandy v. City, $20,000; Rudduck v. City, 14 January 13, 1987 233 $43,750, and; Stark v. City, $14,500. Second by Councilmember Reed. The motion was approved by the following vote: council vote: Unanimously approved 5-0 Absent: councilmember Jennings Mayor Pro Tempore H. Katz ADJOURNMENT: At 2:15 a.m., Councilmember Reed moved to adjourn the meeting in memory of Eugenia I Jean I Miedel, member of the boards of the Santa Monica Chamber of Commerce, Westside Independent Services to the Elderly and Project Heavy West, and in memory of William Dry. The m was lily seconded and unanimously approved. ATTEST: ~7~ Ann M. Shore City Clerk 15 January 13, 1987 I