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M-1/26/1988 (2) 136 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 26, 1988 A meeting of the santa Monica city Council was called to order by Mayor Conn at 7: 32 p.m., on Tuesday, January 26, 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Councilmember David B. Finkel Councilmember Alan s. Katz (entered at 7:41 p.m.) Councilmember william H. Jennings Councilmember Christine E. Reed (entered at 7:35 p.m.) Councilmember Dennis Zane (entered at 7:40 p.m.) Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore Mayor Conn led the assemblage in the Pledge of Allegiance to the United states of America. CLOSED SESSION: Not held at this time (See Item II-D). REDEVELOPMENT AGENCY REGULAR MEETING: A regular meeting of the Redevelopment Agency was called to order by Chairperson Conn at 7:34 p.m. Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herbert Katz Agency Member David B. Finkel Agency Member William H. Jennings Agency Member Christine E. Reed (entered at 7:35 p.m.) Absent: Agency Member Alan S. Katz Agency Member Dennis Zane Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore RA-l: MINUTES APPROVAL: The Redevelopment Agency minutes of December 8, 1987 were presented for approval. Chairperson Pro Tempore H. Katz moved to approve the minutes as written. Second by Agency Member Reed. The motion was unanimously approved. RA-2: CITY-WIDE HOUSING ACQUISITION AND REHABILITATION PROGRAM (CHARP) : Presented was a recommendation to appropriate loan 1 January 26, 1988 137 repayment funds from Community Corporation to city-Wide Housing Acquisition and Rehabilitation Program (CflARP). Chairperson Pro Tempore H. Katz moved to approve the staff recommendation thereby appropriating the Agency loan repayment of $385,397.52 from community Corporation of Santa Monica to the following accounts: 16-720-264-000-942, $186,000; 18-720-264-128-942, $127,020; 18-720-264-129-942, $46,980; 01-720-264-000-942, $25,397.52. Second by Agency Member Finkel. The motion was approved by the following vote: Agency vote: Unanimously approved 5-0 Absent: Agency Members A. Katz and Zane ADJOURNMENT: There being no objection, the Redevelopment Agency meeting was adjourned at 7:39 p.m. CITY COUNCIL MEETING RECONVENED 4-A: BOARDS/COMMISSIONS: applications are invited commission. The City Clerk announced that for a vacancy on the Landmarks Mayor Conn presented Ann M. Shore, retiring City Clerk, with a commendation for her exceptional service as City Clerk for the city of Santa Monica. Mayor Conn dedicated the Council meeting to Councilmember Alan Katz in honor of his birthday. Mayor Conn introduced Paul Berlant, the new Director of Planning. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless removed from the calendar. Councilmember Zane moved to adopt the Consent Calendar with the exception of Items 6-C, 6-K, 6-L, and 6-M, reading resolutions and ordinances 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 6-A: MINUTES APPROVAL: The City Council minutes of December 8, 1987, were approved as written. 6-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7543 (CCS) entitled: t1A 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-88-l06)," was approved, setting the public hearing for February 23, 1988. 6-0: TENANT-PARTICIPATING CONVERSION/1419 15TH STREET: Resolution No. 7544 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A 2 January 26, 1988 133 FINAL SUBDIVISION MAP FOR TRACT NO. 44095" was adopted, thereby approving Final Map 44095 for Tenant Participating Conversion TPC-015 at 1419 15th street. 6-E: GUTTER CONSTRUCTION/STREET RESURFACING: Resolution No. 7545 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT PUBLIC CONVENIENCE AND NECESSITY REQUIRE STREET RESURFACING AND THE CONSTRUCTION OF CONCRETE GUTTERS AND APPURTENANT WORK ON PICO BOULEVARD FROM 28TH STREET TO THE EAST CITY LIMITS AS SHOWN ON CITY DRAWING NO. 5693 IN THE CITY OF SANTA MONICA, rt was adopted thereby setting a public hearing for February 23, 1988. 6-F: WEED ABATEMENT PROGRAM: Resolution No. 7546(CCS) entitled: rtA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING CERTAIN WEEDS GROWING UPON LANDS WITHIN THE CITY OF SANTA MONICA TO BE A PUBLIC NUISANCE, rt was adopted, thereby setting a public hearing for March 22, 1988. 6-G: DISADVANTAGED BUSINESS ENTERPRISE: Resolution No. 7547 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE SANTA MONICA DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM," for certain Federally-funded street and road public works projects and designating the City Engineer as DBE Liaison Officer was adopted. 6-H: TRASH BAGS: Bid No. 2164 was awarded to Gale Supply Co. at specified units prices to furnish and deliver trash bags for various departments. 6-1: TRUCK AND BUS BATTERIES: Bid No. 2165 was awarded to Keystone Batteries at specified unit prices to furnish and deliver auto, truck and bus batteries for various departments. 6-J: VAPOR EXTRACTION SYSTEM/AIRPORT: A recommendation authorizing the City Manager to negotiate and execute Contract No. 5055(CCS) with IT Corporation in the amount of $82,000 for engineering services to design, install, and operate a vapor extraction system at the Airport was approved. END OF CONSENT CALENDAR 6-C: VACATION/OCEAN PARK BOULEVARD AND 6TH STREET: A resolution setting a public hearing for February 23, 1988, to vacate excess street right-of-way, being, approximately 3,740.5 square feet of City-owned surplus land located at the southeasterly corner of Ocean Park Boulevard and 6th street, waiving public advertising and authorizing the sale thereof, was withdrawn at request of staff. 6-K: SOUTH BEACH PARK BARBEQUE GRILLS AND TABLES: A recommendation to make adjustments in the number and arrangement of South Beach Park barbeque grills and tables was withdrawn at request of staff. 3 January 26, 1988 139 6-L: HOTEL DEVELOPMENT/ONE PICO BOULEVARD: Presented was a staff report recommending approval of findings for construction of a hotel at One Pico Boulevard, project approved December 1, 1987. Mayor Pro Tempore H. Katz moved to approve the staff recommendation. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Zane and Mayor Conn Negative: Councilmember Finkel 6-M: EMERGENCY AMBULANCE SERVICES: A recommendation to enter into agreement with Los Angeles County to provide emergency ambulance services within Santa Monica City limits was withdrawn at request of staff. 8-A: DEVELOPMENT AGREEMENT/J. H. SNYDER CO. (WATER GARDENS): Presented was a staff report transmitting an ordinance for introduction and first reading for approval of a Development Agreement with J. H. Snyder Co. II to permit development of an office complex (the Water Gardens) in the Special Office District, vicinity of Colorado Avenue, Olympic Boulevard, Cloverfield Boulevard and 26th street. Discussion was held. Jerome Snyder, Developer, and Sam Ross, Traffic Engineer for the Developer, spoke regarding the project design. At 8: 39 p.m., the public hearing was declared opened. The following persons spoke: Betsy Hiteshew, Regina McLaughlin, Birgitta Clarke, Eva Reis, and Robert M. Silverman in support of space for child care; Dorothy T. Gelvin, and Rocky Young in support of College classroom space; Matt Millen in support of a police substation in the area~ Helen Kitzinger, Maggie Hall, and Rosa Zovod in support of Emeritus College classroom space~ Carol Kurtz, Dianne Glinos, Jerry Pomerantz, and Joy Fullmer in objection; stan Sargent and Harvey stromberg in support of Emeritus College space; David A. Shniad and Sylvia H. Shniad in objection; Lynn Cohen in support of the developer~ Lillian Kratz in support of Emeritus College space; Quin Crosbie in gratitude for Newstart space offered by developer; Tina Figer for child care space; steve Young and Tom Phillips in objection; Herman Rosenstein in objection: George Zurow in support; Vera Martinez in support of parking space at Santa Monica College: Donna Alvarez in support of the project; Duke Kelso in support; Paul Cummins, Charles Boxenbaum, Nat Trives, Jerry Fadem, and Nancy Bryan in objection to impact on Crossroads School; Laurel Roennau and James Levesque in objection. Mayor Pro Tempore H. Katz moved to permit those submitting late chits to speak. Second by Councilmember A. Katz. The motion was unanimously approved. The following persons spoke: Edward Bell in support; Jack Baptista, Bill Weingarden, A. siniscalco, and Christopher Harding in objection: Richard Maullin in support: Roy Morando and Ken Ward in objection: David Paul in objection to impact on Crossroads School; Stan Gilbert, Clyde Smith, and Greg Wilder in support: Kelly Olsen, Ruthann Shanley, and Mark Savant in objection. 4 January 26, 1988 140 During the hearing, Councilmember Finkel moved to extend the meeting after 11: 00 p. m. Second by Councilmember Reed. The motion was unanimously approved. Also during the hearing, Mayor Pro Tempore H. Katz moved to continue the "11" agenda items to 6:00 p.m. on Tuesday, February 2, 1988. Second by Councilmember Reed. The motion was unanimously approved. There being no one else wishing to speak, the public hearing was declared closed. Discussion was held. Mayor Pro Tempore H. Katz moved to adopt Resolution No. 7548 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE J. H. SNYDER COMPANY II AND THE CITY OF SANTA MONICA," 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 Mayor Pro Tempore H. Katz moved to introduce for first reading an ordinance enti tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE J.H. SNYDER COMPANY II AND THE CITY OF SANTA MONICA," reading by ti tIe only and waiving further reading thereof , with the following changes in the development agreement: Set the F.A.R. (Floor Area Ratio) at 1.7. If the development is built in more than one phase, the first phase is to be built to the original required parking standards of 3.3 per thousand. If at the end of the first phase the T.D.M. (Transportation Demand Management) is met, and the City agrees that it is met, the second phase may be built to a reduced parking of 2.9 per thousand. If the project is built in one phase, as Mr. Snyder has indicated he may wish to do, then it is to be built to 3. 3 per thousand for the entire project, and to make T.D.M. work in this concept, the extra cars above 2.9 to 3.3 cannot be used by the tenants. The extra spaces must be sealed off or roped off, and will not be used for parking. The developer may lease them out for storage of vehicles, or for some use other than parking. The parking shall be free to all employees and to all people visiting the development. The neighborhood may get preferential parking if they wish it, but the City will not enforce it unless the neighborhood wants it. In any case, the developer will pay in perpetui ty the cost of preferential parking. The right turn lanes that turn into the parking garage shall be reviewed by the Architectural Review Board, and they are not to affect the set-back. Second by Councilmember Reed. Discussion was held. with no objection from the second, Mayor Pro Tempore H. Katz incorporated into the motion the suggestion of Councilmember Zane to include the placement of the shuttle parking site for the College at the corner of Olympic and Cloverfield Boulevards, and that in the section concerning the developer making available not less than 200 parking spaces (section 6 (l) of the Development Agreement), remove the language regarding 90 days. During discussion, Mayor Pro Tempore H. Katz included in the motion the following: In decreasing the F.A.R. to 1.7, the mitigation fee goes to 1. 8 . Further, reduce the medical from the proposed 40,000 square feet to 20,000. There was no objection from the 5 January 26, 1988 141 second. Discussion was held. Councilmember Reed moved an amendment to the motion to delete the free parking requirement for employees in the project and to allow the management of the proj ect to have the flexibili ty to work out whatever kind of validation program they want to work out for their visitors. Second by Councilmember A. Katz. Discussion was held. The amendment was approved by the following vote: council vote: Affirmative: councilmembers Jennings, A. Katz, Reed, Zane, and Mayor Conn Negative: Councilmembers Finkel and H. Katz During discussion, the maker and second of the main motion incorporated Councilmember A. Katz's suggested amendment to the motion, that in regard to parking calculations, the phrasing should be that at the start of phase II, if the T. D. M. is working, that is when it should judged whether or not it is working. During discussion, and with no objection from the second, Mayor Pro Tempore H. Katz modified the main motion to have the Architectural Review Board look at it between the set-backs and the landscaping with the intent council has presented. Discussion was held. The motion approving concepts discussed and requesting staff to return with developed wording was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, A. Katz, H. Katz, Reed, and Mayor Conn Negative: Councilmembers Finkel and Zane Discussion was held. Councilmember Reed moved to direct staff to return with a plan that would appropriately recognize the existing neighborhood transportation group; include a representative of Crossroads School in the neighborhood transportation group that Mr. Snyder originally put together; and make sure that this group stays together for the purposes of monitoring the infrastructure development to support the plan, the T. D. M. program and the other things in the plan tha t Mr. Snyder is interested in having a neighborhood working group available to monitor. Second by Mayor Pro Tempore H. Katz. Discussion was held. Councilmember Finkel moved a substitute motion to delegate to the City Manager the responsibility of crafting the make-up, the mandate, the role, and the function of this body; he should take into consideration, as he does so, both the work that the existing interim committee has done and the persons who have participated in it, as well as the community organizations that are interested in it; then he should make appropriate recommendations to the Council as to how that body should be created. Second by Councilmember Zane. The substitute motion was accepted as a friendly amendment by the maker and second of the original motion. The amended motion was unanimously approved. Mayor Pro Tempore H. Katz moved to assure that there is no intent to permit an access road to cut across any part of Crossroads 6 January 26, 1988 142 school property as part of this development. Second by Councilmember Finkel. The motion was unanimously approved. The continuation of Item a-A appears following Item 14-G. 8-B: SIMULTANEOUS PROCESSING OF CITY PERMITS: Presented was an ordinance for introduction and first reading amending Municipal Code section 4603 to allow simultaneous processing of Rent Control Board and other City permit applications. Councilmember Finkel moved to continue the item to February 2, 1988. The motion was duly seconded and unanimously approved. ll-A: USER FEES: A recommendation to approve increases in various current user fees, implement new user fees, and direct the City Attorney to prepare required resolutions and ordinances was continued to February 2, 1988. 11-B: SALE OF PROPERTY AT 2233 5TH STREET: A public hearing regarding the proposed sale of property at 2233 5th Street to PORTALS for development of handicapped homeless housing: recommendation to approve resolution authorizing sale contingent upon funding, proceeds commitment, and submittal of a funding application was withdrawn at request of staff. ll-C: USE OF CITY PROPERTY AT 602-620 COLORADO AVENUE FOR HUMAN SERVICES AGENCIES: A recommendation to approve short-term use of city property at 602-620 Colorado Avenue for non-profit human services agencies, including homeless services, and authorize the Ci ty Manager to negotiate and execute necessary documents was continued to February 2, 1988. ll-D: CLOSED SESSION: 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 and to consider the following cases: Roser v. city of santa Monica, Los Angeles Superior Court Case No. C 444 494; Lang v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 100 749; Burke and Golden v. City of Santa Monica, et al., santa Monica Superior Court Case No. WEe 077 521, was continued to February 2, 1988. 12-A: CONDOMINIUM/2203 OCEAN AVENUE: Presented was an appeal of the Planning commission approval of Tentative Tract Map 45570, Conditional Use Permit (CUP) 469, for 10 unit condominium at 2203 Ocean Avenue. Appl icant: Joe Steinberg. Appellant: Charles Wachtel. Discussion was held. Councilmember Conn moved to hear from the applicant and appellant for 5 minutes each. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Appellant, Charles Wachtel, spoke in opposition to the proposed development. Laurie Heyman spoke on behalf of the developer, Joe steinberg, in favor of the development. Discussion was held. Members of the public Gail Koshland and Bill Hansard spoke in opposition to the proposed development. Discussion was held. councilmember Reed moved to deny the appeal and approve Tentative Tract Map 45570, Conditional Use Permit 469, and ZA 5258-Y with the findings and conditions contained in the November 2, 1987 Planning Commission statement of Official Action. Second by 7 January 26, 1988 143 Mayor Pro Tempore H. Katz. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 13-A: ANTI-AIDS DISCRIMINATION ORDINANCE: Presented was the request of John Doe to address council regarding an anti-AIDS discrimination ordinance. councilmember A. Katz moved to receive and file Mr. noels request as he was not present. The motion was duly seconded and unanimously approved. 14-A: METROPOLITAN WATER DISTRICT: Presented was the matter of appointment of a representative to the Board of Directors of the Metropolitan Water District. Mayor Conn moved to appoint Councilmember Reed to serve for the duration of Mr. Gottlieb's term on the Metropolitan Water District (term expiring December 31, 1988). Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. l4-B: HOUSING ELEMENT OF THE GENERAL PLAN: Presented was the request of Councilmember Finkel to discuss instruction to staff to report on the Housing Element of the General Plan. Councilmember Reed moved that the Attorney and City Manager staff be directed to provide the complete scope of information per Councilmember Finkells request. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-C: NUMBERING OF COUNCIL SEATS/JUNE BALLOT MEASURE: Presented was the request of Councilmember A. Katz to discuss placing a measure on the June 7 ballot to establish a procedure whereby Councilmembers would be elected to a particular Council seat. Councilmember A. Katz moved to request that the city Attorney prepare a resolution that would place on the June primary ballot a charter amendment that would number the seven at-large City Council seats and establish a procedure whereby councilmembers would be elected to a particular seat. Second by Councilmember Reed. Discussion was held. During discussion the motion was amended to direct the City Attorney's office to consult Councilmember Katz if they have any questions on the specifics of his intent. Councilmember Finkel requested that the record reflect that he will abstain from the vote because he does not have an opinion as to whether the ends ought to be achieved, or the method by which this ought to be achieved are good or not. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Zane and Mayor Conn Abstain: councilmember Finkel 14-D: COUNCILMEMBER PER DIEM/JUNE BALLOT MEASURE: Presented was the request of Councilmember A. Katz to discuss placing a measure on the June 7 ballot to reform the manner in which Councilmember per diem is determined. Councilmember A. Katz moved to instruct the City Attorney to draft a resolution placing on the June 7 primary ballot a measure to equate the compensation for the 8 January 26, 1988 144 council to that set by General Law cities. Discussion was held. During discussion, there was no objection to amending the motion to include the possibility of ratification of any future changes by the council. Councilmember Jennings moved an amendment to delete the dollar amount and specify that the dollar amount is to be established by Council by ordinance to be effective as of January 1, 1989. The amendment failed for lack of second. The original motion as amended was unanimously approved. 14-E: CAMPAIGN FINANCING REFORM/CONTRIBUTION LIMITS: The request of Councilmember Reed to discuss campaign financing reform, accountability, and contribution limits was withdrawn. 14-F: CAL-OSHA/STATEWIDE INITIATIVE: Presented was the request of Councilmembers A. Katz and Finkel to discuss endorsing the Coalition to Restore Safety at Work campaign to reinstate Cal-OSHA with statewide initiative on the November 1988 ballot. councilmember A. Katz moved to encourage Council to support the statewide initiative currently being circulated to qualify for the November 1988 ballot which would restore Cal-OSHA funding. Second by Councilmember Finkel. Counc ilmember Finkel moved to amend the motion to add that council declare March 6 through 12, 1988 to be "Safe Cal-OSHA Week in Santa Monica." During discussion, Councilmerober Finkel amended his motion to request that Cal-OSHA Week be placed on the calendar for the next meeting. The amendment was accepted as friendly by the maker of the motion. Discussion was held. The motion was unanimously approved. 14-G: PLANNING COMMISSIONER COMPENSATION/JUNE BALLOT MEASURE: Presented was the request of Councilmember Reed to discuss compensation for Planning Commissioners. Councilmember Reed moved to direct the City Attorney to draft a ballot measure to authorize compensation for Planning Commissioners; to establish a maximum of $100 a month, and set it at $25 a meeting that they attend; further that the Council be authorized in later years to adjust the compensation no more frequently than annually, and that such adjustment at anyone time should not exceed either an increase of $15 per meeting or in the aggregate $50 per month; and tha t this be put on the June ballot. Second by Mayor Pro Tempore H. Katz. Discussion was held. During discussion, there was no obj ection to amending the motion to establish a C. P. I. escalator to be increased at Council's discretion. The motion was unanimously approved. 8-A: (CONTINUED) DEVELOPMENT AGREEMENT/J. H. SNYDER CO.: Staff presented wording based on council's discussion of Item 8-A earlier in the meeting. Discussion was held. Mayor Pro Tempore H. Katz moved to extend the meeting to 2: 15 a.m. Second by Councilmember Reed. The motion was unanimously approved. The vote was called on the motion introducing an ordinance approving the Development Agreement with J.H. Snyder Company II in regard to the Water Garden Project with written language 9 January 26, 1988 submi tted by staff with the exception of "page 13, Section 6 (h) (vi) fourth line, delete 50%, insert 25%" which should be deleted from the amended language, and it was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, A. Katz, H. Katz, Reed and Mayor Conn Negative: Councilmembers Finkel and Zane Councilmember A. Katz moved to approve the related findings included in the staff report dated January 26, 1988. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed and Mayor Conn Negative: Councilmembers Finkel and Zane ADJOURNMENT: At 2:15 a.m. it was moved, seconded, and approved to adjourn the meeting to 6:00 p.m., Tuesday, February 2, 1988, to consider items 8-B, II-A, ll-C and 11-0, and that the meeting be adjourned in memory of Thelma Tegner Schober, daughter of one of Santa Monica's pioneer families and civic worker. ATTEST: ~J ()~~ Af1 Ann M. Shore U City Clerk Conn 10 January 26, 1988 145 .,