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M-10/21/1987 66 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 21, 1987 A meeting of the Santa Monica city council was called to order by Mayor Conn at 6:30 p.m. on October 21, 1987, in the Council Chambers, having been adjourned from the meeting of October 13, 1987. 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 (entered during Closed Session) Absent: 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. Council adjourned to Closed Session to consider personnel matters and the following cases: Shell Oil Company v. city of Santa Monica, United states District Court No. CV-82-2362-RJK; People of the state of California, et al. v. Jack Frost, et al., Santa Monica Superior Court Case No. WEC 118 769; J. Johnson v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 084 404. At 7:30 p.m., Council reconvened. No announcement was made. Councilmember William H. Jennings led the assemblage in the Pledge of Allegiance to the united states of America. 8-B: OFF-STREET PARKING REQUIREMENTS/MEDICAL OFFICE BUILDINGS: Presented was an ordinance for introduction and first reading establishing off-street parking requirements for medical office buildings. The public hearing was declared opened. There being no one wishing to speak, the public hearing was declared closed. Mayor Pro Tempore H. Katz moved to approve an ordinance for first reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING OFF-STREET PARKING REQUIREMENTS FOR MEDICAL OFFICE BUILDINGS," reading by title only and waiving further reading thereof. Second by Councilmember Finkel. councilmember Reed moved an amendment to the ordinance incorporating language that applications deemed complete, and submitted prior to today's date, shall be granted vested rights 1 October 21, 1987 I I 57 as per the standards for Ocean Park. The amendment was accepted as friendly by the maker of the motion. There was no objection from the second. During discussion, the maker and second accepted the city Attorney's recommendation that an additional sentence be added in section 2 which would provide that this section would not apply to any project for which an application was pending or deemed complete on October 21, 1987. The motion as amended was approved by the following vote: council vote: Unanimously approved 6-0 Absent: Councilmember Zane 8-D: COLORADO PLACE LIMITED/COLORADO, 26TH STREET, BROADWAY AND CLOVERFIELD/DEVELOPMENT AGREEMENT: Presented was an ordinance for adoption and second reading approving Amendment No. 4 to Development Agreement Contract No. 3719(CCS) between the city and Colorado Place Limited in block bounded by Colorado, 26th street, Broadway and Cloverfield, introduced September 22, 1987. Mayor Pro Tempore H. Katz moved to adopt Ordinance No. 1419 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AMENDMENT NUMBER 4 TO DEVELOPMENT AGREEMENT BETWEEN COLORADO PLACE LIMITED AND SOPAC DEVELOPMENT CO., A CALIFORNIA CORPORATION AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof. Second by Mayor Conn. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane Councilmember Reed requested the record reflect that she listened to as much of the discussion on this item as the radio covered when the council heard this item while she was ill. 8-E: SOPAC PROPERTIES, INC.!OLYMPIC, CLOVERFIELD, 20TH STREET/DEVELOPMENT AGREEMENT: Presented was an ordinance for adoption and second reading approving a Development Agreement with SoPac Properties, Inc., for hotel/office development on a parcel located between Olympic Boulevard, Cloverfield Boulevard and 20th street, introduced September 22, 1987. Discussion was held. Councilmember Finkel moved to hear from members of the public. The motion died for lack of a second. Mayor Pro Tempore H. Katz moved to adopt Ordinance No. 1420(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT BETWEEN SOPAC PROPERTIES, INC., A DELAWARE CORPORATION AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof, thereby approving Contract No. 5031 (CCS) . Second by Mayor Conn. Discussion was held. Tom Larmore, attorney for Sopac Properties, answered questions in regard to public art contributions. Councilmember Finkel requested the record to reflect that in his judgment the ordinance and development agreement are going to be very harmful to this city, and Council is exercising very bad 2 October 21, 1987 68 judgment in doing so, the City has been sold short, and he thinks the City Council has exercised poor judgment; protection against development, congestion, sewage, traffic and the like, are not dealt with in a meaningful way, and his fear is that we are all going to live to regret it; for that reason he opposes it. The motion was approved by the following vote: Affirmative: Councilmem.bers Jennings, A. Katz, H. Katz, Reed, Mayor Conn Negative: Councilmem.ber Finkel Absent: Councilmem.ber Zane 8-F: PROPERTY DEVELOPMENT STANDARDS/Rl DISTRICT: Presented was an ordinance for adoption and second reading providing property development standards for the Rl District, introduced September 8, 1987. Discussion was held. Councilmember Reed introduced the following changes to the proposed ordinance: (1) A provision to allow people who own extremely large lots, that is, 20,000 square feet with a 200 foot minimum street frontage, to have a house at what used to be the old height limit, 35 feet, rather than the current he ight 1 imi t of 28; (2) In regard to how much 0 f the upstairs of a house can sit exactly on the side lot-line, assumedly on the walls of the downstairs, from a distance horizontally from the front of the house back, the 20 foot distance by changed to 12; (3) In regard to the rear-yard set-back, the standard of 25% of the parcel depth or 25 feet, which ever is less, be changed to which ever is greater; and (4) other changes which attempt to clarify the intent of the Council and specifically address the emprecisions that were pointed out. Discussion was held. Mayor Pro Tempore H. Katz proposed an amendment to subsection (i) with regard to new construction and only new construction of an R-l dwelling that the garage shall be constructed wi th its entrance off existing alleys if there is one, except that corner lots may use the side yard back by the alley. Discussion was held. Councilmember Reed moved to hear the public. Second by Mayor Pro Tempore Herb Katz. John Clagett, Lawrence Vredevoe and Jerry Dunlap spoke in support of the proposed amendments. Jean Sedillos requested clarification regarding second story, side-yard setbacks. Councilmem.ber Reed moved to introduce for first reading an ordinance with changes 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 f II reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Herb Katz. Discussion was held. Mayor Pro Tempore H. Katz moved an amendment to the ordinance regarding garage access from the alley. Second by Councilmember Reed. Discussion was held. Councilmember Reed moved to table Mayor Pro Tempore H. Katz's amendment, refer it to the Planning Commission, request the Planning Commission to have a noticed public hearing and report back to Council before the end of this year. Second by Councilmember A. Katz. The motion to table the amendment was approved by the following vote: 3 October 21, 1987 I I 69 Affirmative: Councilmembers Jenningsl A. Katz 1 Reed and Mayor Conn Negative: Councilmember Finkel and Mayor Pro Tempore H. Katz The motion to introduce the ordinance for first reading was approved by the following vote: council vote: Unanimously approved 6-0 Absent: Councilmember Zane ll-A: WILSHIRE BOULEVARD LANDSCAPE PROJECT: Presented was a recommendation to approve a proposed design for the Wilshire Boulevard Landscape Project from Ocean Avenue to centinela. Doug Campbell, architect, of Campbell and Campbell presented the proposed design concept. Discussion was held. Member of the public, Joy Fullmer spoke regarding the selection of palm trees. COUDC ilmember Reed moved to approve the staff recommendation, thereby approving the proposed concept drawings for the Wilshire Boulevard Landscape Project, authorizing staff to proceed with the preparation of final plans and specifications, and advertise the project for construction 1 and revise the Fiscal Year 1987-88 estimate at Account No. 43-905-074-000-000 to $215/525. Second by councilmember Finkel. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane 11-0: CLOSED SESSION: (Considered earlier in the evening.) 12-A: DEVELOPMENT REVIEW/1344 18TH STREET: Presented was an appeal of Planning commission denial of Development Review 390 to permit removal of a single family dwelling unit and construction of a surface parking lot at 1344 18th Street, continued from October 131 1987. Oiscussion was held. Sherman Stacey spoke on behalf of applicant/appellant Robert Kramer. Mr. Kramer also spoke on his own behalf. Members of the public Bernd Soeker, David Sanders, Bill Ricel David pitman 1 Servillio Hernandez and Leif Settergren spoke in favor of the appeal. Jack Baptistal John Belsherl Joy Fullmer, A. Siniscalco1 Richard Sheng, Cathy Millikenl Steve Davis, Fritz Schwab and Dorothy Gelles spoke in opposition to the appeal. Mayor Conn noted for the record that the public hearing had been opened on October 131 1987, and continued to this date. Discussion was held. Mayor Pro Tempore H. Katz moved to uphold the appeal with the condition that this parking lot be used only for employee parking, that it be so designated and have a sticker of some kind identifying cars parking there so neighbors can see that they clre actually employee parking; further 1 tha t this go to the Architectural Review Board and that we specifically say this parking lot must be landscaped and buffer landscaped from the dwelling next doorl 4 October 21, 1987 70 that noise be considered, and that the ARB look at this very carefully in the light of those items. Second by Mayor Conn. The second requested and the maker agreed, that the motion include noise and visibility, as well as aesthetics. Discussion was held. Councilmember Reed moved an amendment to the motion that there be a small sign, approved by the ARB, at the entrance to the parking lot designating the lot "employees only". The I city Attorney suggested the motion include proposed findings and ~ all conditions that Planning staff had recommended to the Planning Commission. The maker and second agreed to including that in the motion. Discussion was held. Mayor Pro Tempore H. Katz clarified his motion to include that staff can approve any viable means of identifying the cars parked in the lot as employee cars only. There was no Objection. Discussion was held. The motion was approved by the following vote: Affirmative: Councilmembers Jennings, Reed, Mayor Pro Tempore H. Katz, and Mayor Conn Negative: councilmembers Finkel and A. Katz Absent: Councilmember Zane Councilmember Finkel requested the record to reflect that the basis of his no vote is that he does not have confidence that the Ci ty has the capacity to administer the manner in which the parking lot is used based upon our experience in Ocean Park and other places. 14 - F: ANTI -AIDS DISCRIMINATION ORDINANCE: Presented was the request of Councilmember A. Katz to discuss preparation of an anti-AIDS discrimination ordinance. councilmember A. Katz moved to request staff to examine anti-AIDS discrimination ordinances in other jurisdictions and recommend an appropriate measure for Santa Monica to consider. Second by Mayor Pro Tempore H. Katz. Discussion was held. There being no objection, Councilmember A. Katz added to the motion authorizing staff to consult with the Chamber and other similar bodies in shaping something that suits Santa Monica in particular. Councilmember Reed moved an amendment to the motion to ask the city Attorney, in his investigations, to advise Council as to any ability we have to create exemptions; i. e., household employees, very small businesses I child care workers, or other categories. The amendment was accepted as friendly by the maker and the second. The motion as amended was approved by the following vote: Absent: Councilmember Zane Council vote: Unanimously approved 6-0 5 October 21, 1987 71 ADJOURNMENT: At 10:14 p.m., it was moved, seconded, and unanimously approved to adjourn the meetin . ATTEST: J>IL ~ 4.~ J~nn M. ore () city Clerk 6 October 21, 1987