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M-10/27/1987 72 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 27, 1988 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 6: 00 p.m., on Tuesday, October 27, 1987, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz (arrived during Closed Session) Councilmember David B. Finkel councilmember William H. Jennings (arrived during Closed Session) Councilmember Alan S. Katz (arrived during Closed Session) Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore 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 6:01 p.m., Council adjourned to Closed Session to consider personnel matters and the following cases: E. Coleman v. city of Santa Monica, Santa Monica Municipal Court Case No. 87 K 13080; Southern California Edison Co. v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 108 737; Claim of Craig Medoff, Claim No. ASM 87-187. At 7:35 p.m., Council reconvened with all members present. No action was announced. (See Item 11-D at end of meeting) Members of local Cub Scouts and Brownie Troops led the assemblage in the Pledge of Allegiance to the united States of America. 4-A: EMPLOYEE SERVICE PINS: Mayor Conn presented service pins to the following employees: Jack Hutchison, Director, Transportation Department, 20 years; Virginia Ternus, Transcriber, Police Department, 20 years; Steven Brackett, Sergeant, Police Department, 20 years; and Lillian Gordon, Librarian, 25 years. 4-B: SYMPHONY MONTH: Mayor Conn presented a proclamation declaring November as Santa Monica Symphony Month. 4-C: RED RIBBON (DRUG AWARENESS) WEEK: Mayor Conn presented a proclamation declaring October 25-31 as Red Ribbon (Drug Awareness) Week. Members of Cub Scouts and Brownie Troops 1 October 27, 1987 73 distributed red ribbons to members of the public and Council Members. Mayor Conn announced that Le cirque Du Soleil will run for three weeks at the Santa Monica Pier. The ci ty Clerk announced that for vacancies on the pier Restoration Directors and the social Services 4-0: BOARDS/COMMISSIONS: applications are invited Corporation Board of Commission. PARKING AUTHORITY SPECIAL MEETING A special meeting of the Parking Authority was called to order by Chairperson Conn at 7:45 p.m. Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herb Katz Authority Member David B. Finkel Authority Member Alan Katz Authority Member William H. Jennings Authority Member Christine E. Reed Authority Member Dennis Zane Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers city Clerk Ann M. Shore PA-l: PARKING LOT 11 MAIN STREET ACCESS: Presented was a staff report recommending the City Manager be authorized to negotiate and execute an encroachment and easement agreement for a portion of Parking Authority Lot 11 to facilitate access to Main Street. Chairperson Pro Tempore H. Katz moved to approve the staff recommendation, thereby authorizing the City Manager to negotiate and execute an agreement for the encroachment and easement for a portion of Parking Lot 11 to facilitate access to a development located at 2510 Main street. Second by Authority Member Reed. The motion was approved by the following vote: Authority vote: Unanimously approved 7-0 ADJOURNMENT: At 7:45 p.m., the Parking Authority special meeting was adjourned. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless removed from the calendar for discussion. councilmember Finkel moved to adopt the Consent Calendar with the exceptions of Items 6-A and 6-N, reading resolutions and ordinances 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 2 October 27, 1987 74 6-B: LIABILITY SETTLEMENT LIMIT/CITY ATTORNEY: Ordinance No. 1421 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2804 RELATING TO CITY ATTORNEY AUTHORITY TO SETTLE OR COMPROMISE ANY LIABILITY OF THE CITY WITHIN A SPECIFIED DOLLAR AMOUNT", thereby increasing the amount of authority granted to the City Attorney to settle or compromise any liability of the City, was adopted having been introduced October 13, 1987. 6-C: THEATER DEVELOPMENT/DOWNTOWN COMMERCIAL DISTRICT: Ordinance NO. 1422 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA LIMITING NEW CINEMA/MOVIE THEATER DEVELOPMENT TO THE DOWNTOWN COMMERCIAL (C3) ZONE DISTRICT" was adopted, having been introduced October 13, 1987. 6-D: PARKING REQUIREMENTS/MEDICAL OFFICE BUILDING: Ordinance No. 1423 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING OFF-STREET PARKING REQUIREMENTS FOR MEDICAL OFFICE BUILDINGS" was adopted, thereby establishing standards ensuring that development of medical office buildings will be consistent with the General Plan, having been introduced on October 21, 1987. 6-E: FINAL PARCEL MAP/2020 SANTA MONICA BOULEVARD: Resolution No. 7513 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 17501" was adopted, thereby approving final parcel map 17501 for subdivision of property at 2020 Santa Monica Boulevard. 6-F: INDUSTRIAL WASTE CONTROL PROGRAM: A recommendation was approved to appropriate $148,197 from the Sewer Fund to account 31-760-661-000-935 for funding of an Industrial waste Control Program; authorize the City Manager to negotiate and execute Contract No. 5037 (CCS), a professional services agreement with Operations Consultants, Inc., for industrial Waste Control program development and inspection services; and authorize the City Manager to modify the contract as necessary to provide the required services for the city within the scope of available contingency funds. 6-G: FUEL MANAGEMENT SYSTEM/TRANSPORATION DEPARTMENT: A recommendation was approved to award Contract No. 5038(CCS) with S & A Systems, Inc., in the amount of $39,575 for the design and construction of a fuel management system at the Transportation facilities, and authorize the city Engineer to issue any necessary change orders to complete additional work in conformance with the Administrative Instructions. 6-H: COACHES/TRANSPORTATION DEPARTMENT: Bid No. 2127 was awarded to Cinedyne, Inc., in the amount of $248,100 for the repair, reconstruction, and rehabilitation of fifteen (15) Flxible Coaches. 6-1: AIR, OIL, FUEL FILTERS/TRANSPORTATION DEPARTMENT: Bid No. 2140 was awarded to Hausman Bus Sales, at specified unit prices, 3 October 27, 1987 75 to furnish and deliver miscellaneous air, oil, and fuel filters for the Transportation Department. Bid No. 2144 was of $29,129.86 to Truck for the 6-J: SERVICE TRUCK/TRANSPORTATION DEPARTMENT: awarded to Pacific Coast Ford in the amount furnish and deliver one one-ton Service Transportation Department. 6-K: COIN BOXES/GENERAL SERVICES DEPARTMENT: Bid No. 2146 was awarded to Duncan Industries, at specified unit prices, to furnish and deliver sealed coin boxes for parking meters for the Parking and Traffic Division of the General services Department. 6-L: VALVES AND FITTINGS/WATER DIVISION: Bid No. 2148 was awarded to Taylor Jett Company, at specified unit prices, to furnish and deliver cast and ductile iron valves and fittings for the Water Division of the General Services Department. 6-M: PROPERTY DEVELOPMENT STANDARDS/R1 DISTRICT: Ordinance No. 1424 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROVIDING PROPERTY DEVELOPMENT STANDARDS FOR THE Rl DISTRICT PENDING ADOPTION OF REVISED ZONING ORDINANCE," introduced for first reading on October 21, 1987, thereby providing property development standards for property located in the R1 district as set forth in the Draft Zoning Ordinance and including height limits for accessory structures in the Rl property development standards, was adopted. 6-0: SALARY AND BENEFITS/CITY CLERK: Resolution No. 7514 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING SALARY AND BENEFITS FOR THE POSITION OF CITY CLERK" was adopted. END OF CONSENT CALENDAR 6-A: MINUTES APPROVAL: Presented for approval were the minutes of the City Council meeting of October 13, 1987. Council~ember Reed moved to approve the minutes of october 13, 1987. Second by Councilmember Finkel. The motion was approved, Mayor Pro Tempore H. Katz and Councilmember A. Katz abstained. 6-N: CITY LANDMARKS: Presented was a recommendation to direct the Ci ty Attorney to prepare an amendment to Municipal Code sections 9611.D and 9612.L of the Landmarks Ordinance to protect designated City landmarks from demolition. Councilmember Zane introduced discussion. Councilmember Zane moved to continue this as a lO-Item at the next Council meeting in order to facilitate Council discussion. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. 8-A: HOTEL DEVELOPMENT ON MAIN STREET: Presented was an ordinance for introduction and first reading amending the text of the Comprehensive Land Use Ordinance to permit hotels on portions of Main street between pier Avenue and the south City limits. Discuss ion was held. The publ ic hearing was declared opened. 4 October 27, 1987 76 Julie Lopez Dad, Dr. Geraldine Moyle, Joseph Cook, Laurel Roennau, Elsa Petrucelli, and Tony Haig spoke in opposition to the proposed amendment to the Land Use Ordinance. Peter DeKrassel spoke in favor of the proposed amendment. The public hearing was declared closed. Mayor Conn moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE ORDINANCE BY AMENDING SECTION 9119B OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW HOTELS AS A CONDITIONALLY PERMITTED USE IN CERTAIN SPECIFIED AREAS OF THE "CM" MAIN STREET SPECIAL COMMERCIAL DISTRICT", reading by title only and waiving further reading thereof. Second by Councilmember Jennings. councilmember Zane moved an amendment to the motion to limit the designation to Marine street south. The amendment was accepted as friendly by the maker of the main motion. Discussion was held. The amendment was accepted as friendly by the second. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, A. Katz, H. Katz, Reed, Mayor Conn Negative: councilmembers Finkel, Zane 8-B: REPLICA FIREARMS: Presented was an ordinance for introduction and first reading entitled : "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3512 TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE BRANDISHING OF REPLICA FIREARMS AND REQUIRING WARNING LABELS IN CONNECTION WITH THE SALE OF ANY REPLICA FIREARMS." Discussion was held. The public hearing was declared opened. Jerry Rubin and Michelle Phill ips spoke in favor of banning the sale of all repl ica firearms. The public hearing was declared closed. Discussion was held. councilmember A. Katz moved to adopt an ordinance amended to prohibit the sale of replica firearms in the City. Second by Councilmember Zane. Discussion was held. Mayor Pro Tempore H. Katz moved a substitute motion to approve the staff recommendation and introduce the ordinance as written. Second by Councilmember Reed. Discussion was held. The substitute motion failed by the following vote: council vote: Affirmative: Counci1member Reed, Tempore H. Katz Mayor Pro Negative: councilmembers Finkel, Jennings, A. Katz, Zane, Mayor Conn Discussion was held. Councilmember A. Katz moved to table the motion to the next council meeting. Second by Councilmember Reed. The motion was unanimously approved. II-A: THIRD STREET MALL/FINAL DESIGN APPROVAL: Presented was a recommendation to approve the final design for the Third street Mall and Downtown Assessment District Improvement Project, authorize solicitation of bids for landscaping, and appropriate $45,000 for landscaping deposit. Boris Dramov of ROMA Design 5 October 27, 1987 77 Group, chief proj ect architect, presented a description of the proposed design elements for the Third street Mall. Discussion was held. Council moved to hear from members of the public. Joy Fullmer expressed concerns regarding financial backing and selection of trees. Joseph Mont, Gwen Pentacost, Tom Carroll, Robert Bundy, Ed Wenner, Ernie Kaplan and Sy Bram spoke in favor of the proposed design. Paul Leaf, Bruria Finkel and Lindsay Shields spoke in favor of art to be incorporated in the proposed design. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby approving the Third Street mall final Design Plan, and directing staff to transmit any comments to the Steering Committee and the consultant team for consideration in the preparation of the Construction Documents; authorizing staff to solicit bids for the purchase of 106 Jacaranda Mimosifolia and 42 Cassia leptophylla trees; and appropriating $45,000.00 at Account No. 01-720-263-000-921 for the deposit on the purchase of the trees noted above. Second by Councilmember Zane. Councilmember Zane moved an amendment to direct staff to work with the Arts commission and the Third street Development Corporation to develop a budget, a financing plan, and the selection process for the installation of significant artwork -- in particular, in the fountains, at the central plaza island, and at the gateway islands -- and to report to Council within six weeks. The amendment was accepted as friendly by the maker and the second. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ll-B: SANTA MONICA AIRPORT RESIDUAL LANO: Presented was a recommendation to authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with Reliance Development Group and begin negotiating necessary agreements for leasing and development of the residual land parcel at Santa Monica Airport; and to authorize an EIR, public workshops and hearings. Discussion was held. Mayor Conn moved to hear from members of the public for three minutes each, and to hear from the developer's representatives for five minutes each. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Member of the public Joy Fullmer expressed concerns regarding property development by foreign companies and the need for residential development in the project. Barna Szabo of Goldrich & Kest Industries expressed concerns regarding the choice of developer for the parcel and requested a two-week continuance to review accuracy of the figures. Discussion was held. Jim Readle of Watt Investment Properties, Inc., spoke to assure that they are ready to enter into negotiations if needed. Discussion was held. Mayor Conn moved to approve the staff recommendation in regard to leasing and development of the residual land parcel at the Santa Monica Airport, thereby, (1) authorizing the city Manager to negotiate and execute Contract No. 5039(CCS), an exclusive negotiating agreement with Reliance Development Group; (2) authorizing the City Manager to begin exclusive negotiations with Reliance Development Group necessary disposition, development lease and any other necessary agreements; (3) authorizing staff to prepare an Environmental Impact on the 6 October 27, 1987 78 proposed development project and conduct public workshops and hearings to solicit public, Board, and Commission recommendations on the development scheme; (4) directing staff to return to the ci ty Council in August 1988 (revised below to July 1988) to present the agreement documents and development project for final city Council approval; and (5) authorizing staff to commence negotiations with Watt Investment Properties should negotiations with Reliance Development Group on the financial terms of a lease agreement be unsuccessful. Second by Mayor Pro Tempore H. Katz. Discussion was held. councilmember Reed proposed an amendment to the motion to substitute the word "July" for the word uAugust" in subsection (4). The maker and second accepted the amendment as friendly. Discussion was held. Mayor Pro Tempore H. Katz moved to continue the City council meeting past 12:00 a.m. Second by Councilmemher Reed. The motion regarding meeting extension was unanimously approved. Discussion was held. The motion to approve the staff recommendation was approved by the following vote: Council vote: Affirmative: Councilmemhers Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Abstain: Councilmember Finkel l1-C: ARTWORK IN PALISADES PARK: Presented was a recommendation to approve siting of a privately funded public sculpture by Baile Oakes in palm grove south of Palisades Park Rose Garden. Discussion was held. Sculptor Baile Oakes answered questions from Council regarding the installation and the siting of the artwork. Member of the public Lindsay Shields spoke in favor of the proposed artwork and a Master Arts Plan. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby approving installation of sculpture "Gestation III" to be sited in Palisades Park Rose Garden. Second by Councilmember Zane. Discussion was held. The motion 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 reasons for voting no are due to the lack of a specific policy on use of public park-space for placement of sculpture, and also the complete lack of notification to park users or park neighbors for this particular art development endeavor. 11-0: CLOSED SESSION: Considered later in the evening. 12-A: DEVELOPMENT REVIEW/2801 SANTA MONICA BOULEVARD: Presented was an appeal of Planning commission denial of Development Review 367, EIA 836, Zone Change 28, to permit removal of a 21 unit motel and construction of a 4 story, 66 room addi tion to an existing 3 story, 82 room hotel with 118 on-site parking spaces 7 October 27, 1987 79 at 2801 Santa Monica Boulevard. Applicant/Appellant: Ron Milberger for Solberg and Lowe Architects, A.I.A., continued from October 13, 1987. Discussion was held. Doug Lowe spoke in support of the proposal on behalf of the applicant/appellant. Discussion was held. Councilmember A. Katz moved to extend the meeting to 1:00 a.m. second by Councilmember Reed. The motion failed. councilmember Jennings moved to extend the meeting to 12:30 a.m. Second by Councilmember Reed. The motion was approved. Members of the public Kelly Olsen, Jack Baptista and Barry Joffe opposed the appeal. Donald Lewin Nelson spoke in favor of the staff recommendation. Gordon Gitlin spoke in favor of the appeal. Discussion was held. Pro Tempore H. Katz moved to deny the appeal and remand the proposal back to the Planning Commission for the purpose of studying parking, code compliance, loading zones, landscaping of the lot, and height. Second by Councilmember Finkel. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Conn moved to continue the meeting to 1:00 a.m. Second by Councilmember Finkel. The motion was appoved. 13-A: HOMELESS LIVING IN CARS: Presented was the request of Marvin Talmar to address Council regarding homeless people living in cars. Mr. Talmar was not present. Councilmember A. Katz moved to receive and file. Second by Councilmember Finkel. The motion was unanimously approved. l3-B: SCHOOL TAX/737 NAVY STREET: Presented was the request of Michael Folonis to address Council regarding school tax related to property located at 737 Navy Street. Discussion was held. Councilmember Reed moved to direct staff to present the facts of this particular circumstance in support of Mr. Folonis to the School Board. Second by Councilmember Finkel. The motion was unanimously approved. l4-A: ART IN PUBLIC PLACES: Presented was a request of Councilmember Finkel to discuss instructing staff to develop a policy requiring private development funds for art in public places. Discussion was held. Councilmember Finkel moved to direct staff to study other Percent for Arts from private construction programs, to determine which programs are appropriate models for an ordinance to be adopted by council either whole or in part, to direct the City Attorney's staff to examine any recommendation that staff may consider appropriate in the context of the Nolan case, to determine whether it stands the scrutiny of constitutionality under that decision. Second by Councilmember Zane. Discussion was held. Councilmember Reed proposed an amendment to the motion to direct the City Attorney to determine if Percent for Art programs can, in concept, be considered under the Nolan decision. The amendment was accepted as friendly by the maker and the second. The motion was unanimously approved. 8 October 27, 1987 80 14-B: PRESIDENTIAL CANDIDATE FORUMS: Presented was a request of Councilmember Finkel to discuss instructing staff to provide an updated report on proposed presidential candidate forums. Discussion was held. Councilmember Finkle moved to direct staff to present Council with a staff report on this matter as an "11" item at the next Council meeting. Second by Councilmember A. Katz. The motion was unanimously approved. Il-D: 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 : 50 a. m. , Council adj ourned to Closed Session to consider personnel matters and the following cases: E. Coleman v. city of Santa Monica, Santa Monica Municipal Court Case No. 87 K 13080; Southern California Edison Co. v. City of Santa Monica, Santa Monica Superior court Case No. WEC 108 737; Claim of Craig Medoff, Claim No. ASM 87-187. Council reconvened at 12:50 a.m. with Councilmembers H. Katz, Zane and Mayor Conn absent. Councilmember Jennings moved to approve the following settlements: Coleman v. city of Santa Monica, $5,500; Southern California Edison Company v. City of Santa Monica, $16,868.50; Medoff v. City of Santa Monica, $8,005. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, Reed Absent: Councilmembers H. Katz, Zane, Mayor Conn ADJOURNMENT: Mayor Conn entered at 1:02 a.m. At 1:03 p.m., the meeting was adjourned. ~TT;~,~~ ~~ A~n M. Shore () C~ ty Clerk \ \ "-.. 9 october 27, 1987 ---