M-3/10/1987 (2)
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 10, 1987
A meeting of the Santa Monica city Council was called to order by I
Mayor Conn at 7:42 p.m. on Tuesday, March 10, 1987, in the
Council Chambers. Mayor Pro Tempore H. Katz led the assemblage
in the pledge of allegiance to the united States of America.
captain Alan Robinson, Salvation Army, 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
Assistant city Clerk Donna R. Betancourt
4-A: BOARDS/COMMISSIONS: The Assistant city Clerk announced
that applications are invited to fill a vacancy on the Housing
Commission.
CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL JOINT }illETING:
A special j oint meeting of the city Council and Redevelopment
Agency was called to order by Mayor Conn at 7:46 p.m.
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
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Assistant Secretary Donna R. Betancourt
CC/RA-l : MINUTES APPROVAL: Presented were the minutes of the
Redevelopment Agency meetings held January 13 and February 24,
1987. Chairperson Pro Tempore H. Katz moved approval of the
minutes. Second by Agency Member Reed. The motion was
unanimously approved.
CC/RA-2: OCEAN PARK REDEVELOPMENT PROJECT FINANCING: Presented
was a staff report recommending that the Executive Director be
authorized to negotiate and execute contracts with Rauscher
Pierce Refsnes, Inc., Bond Underwriter, and orrick Herrington
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sutcliffe, Bond Counsel, to provide services for refunding 1984
Tax Allocation Bonds and for refinancing other debt related to
the Ocean Park Redevelopment Project. Discussion was held.
Agency Member Reed moved the staff recommendation, thereby
authorizing the Agency Executive Director to negotiate and
execute Contract No. 4884{CCS) with Rauscher pierce Refsnes,
Ine., not to exceed 1.5% of the proceeds, to serve as bond
underwriter, and Contract No. 4885{CCS) with the law firm of
Orrick, Herrington, and Sutcliffe, not to exceed $40,000, to
serve as bond counsel, both to provide all services required for
the issuance and sale of Tax Allocation Bonds needed to refund
the Agency I s 1984 Tax Allocation Bonds and to refinance the
repayment of as much of the Agency's Ocean Park Redevelopment
Project debt to the City as is financially advisable. Second by
Chairperson Pro Tempore H. Katz. The motion was approved by the
following:
Agency vote: Unanimously approved 7-0
ADJOURNMENT: At 7:50 p.m., Council adjourned the Redevelopment
Agency meeting.
REGULAR CITY COUNCIL MEETING RECONVENED:
5-A: INCLUSIONARY HOUSING/GENERAL PLAN HOUSING ELEMENT:
Presented was a public hearing and a staff report regarding
proposed amendments to Program 12 (Inclusionary Housing) of the
General Plan Housing Element, continued from February 10, 1987.
Discussion was held. The public hearing was declared opened at
8: 46 p. m. Joe Carreras requested Council to strike a better
balance between the interests of developers, property owners, and
the public, and recommended setting a higher fee schedule. Joy
Fullmer spoke in opposition to the idea of inclusionary housing.
Chris Harding spoke in general support of the staff
recommendation but expressed concern regarding the fee schedule,
densi ty bonus, and Rent Board replacement units. Cyrus Askari
and Joseph Cook spoke in support of the staff recommendation.
Vivian Linder and and Mrs. Han expressed concern regarding the
in-lieu fee aspect of the ordinance. Cece Bradley requested that
developers give 25% of development to affordable housing. Mayor
Pro Tempore H. Katz moved to hear from a member of the public who
turned in a late chit. Second by Councilmember A. Katz. The
motion was approved. M. Amana spoke in support of the staff
recommendation. There being no one else wishing to be heard, the
public hearing was declared closed at 9:20 p.m. Discussion was
held. Councilmember Zane moved to ask staff to evaluate an
ordinance with respect to the following changes in the existing
staff recommendation and bring it back in a month comparing the
one that staff is recommending now with the one that he is
proposing. The proposed changes are: (1) Establish a threshold
of 4,000 square feet at which point the fee would kick in; from
4,000 to 10,000 square feet, the fee would be $5 per square foot:
above 10,000, $6 a square foot; (2) Eliminate the demsity bonus:
( 3 ) There would be no effect on specific plans: ( 4 ) Wi th
respect to the "double counting" issue of the Rent Board,
establish an alternative, at the choice of the developer, whereby
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the developer could choose to proceed as staff suggested under
current practice, namely, the Rent Board requirements with
respect to the replacement units, and inclusionary requirements
with respect to only new units~ or the fee or counting the Rent
Board requirements in meeting the City's requirements if, at the
option of the developer, all the replacement units are rented at
levels at or below the existing rent levels prior to their I~
removal. Second by Counci1member A. Katz. Discussion was held.
Counci1member Zane, with no objection from the second, amended
the motion to request staff to return with the evaluation in
sixty days.
Discussion was held. Mayor Pro Tempore H. Katz moved a
substitute motion to approve the staff recommendation, thereby
adopting a resolution revising Program 12 of the Housing Element
of the General Plan, amending the resolution to include
elimination of the 15% density bonus. Second by Counci1member
Finkel. Discussion was held.
Councilmember A. Katz moved
Second by councilmember Zane.
voice vote.
to table the substitute motion.
The motion to table failed by a
Discussion was held. Counci1member Finkel moved a substitute
motion that the percentage requirement be returned to 25%, not
15%. The motion failed for lack of a second.
Discussion was held. Counci1member Finkel moved an amendment to
the substitute motion that Section 5 (b) of Exhibit B of the
Resolution be amended to read: "In-lieu fees shall be $5.00
[currently reads $3.00] per square foot of the floor area of the
project for the first 4,000 [10,000] square feet, and $6.00
[$4.00] per square foot of the floor area above 4,000 [10,000]
square feet," and the percentage requirement be returned to 25%.
Second by Counci1member Zane.
Discussion was held. Counci1member A. Katz moved an amendment
that in section 5(b) of Exhibit B, the in-lieu fee shall be $5
per square foot of floor area of the proj ect for the first of
10,000 square feet, and $6 per square foot of floor area above
10,000 square feet; however, any additional fees imposed on a
square foot basis would reduce these amounts by the amount of
those fees. Second by Mayor Pro Tempore H. Katz. Mayor Conn
ruled that Councilmember A. Katz's motion is an amendment to
Councilmember Finkel's amendment to the substitute motion.
Discussion was held. Councilmember A. Katz, with no objection
from the second, amended his motion to bring the fees of $5 and
$6 down only if the Unified School District imposes fees.
Discussion was held. Councilmember A. Katz's motion, as amended,
was approved by the following vote:
Council vote: Affirmative: councilmembers Jennings, A. Katz,
H. Katz, Reed
Negative: councilmembers Finkel, Zane,
Mayor Conn
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Discussion was held. Councilmember Reed moved to amend
Councilrnember Finkel1s motion by deleting the 25% requirement and
leaving it at the 15% recommended by staff. Second by Mayor Pro
Tempore H. Katz. Discussion was held. The motion was approved
by the following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
H. Katz, Reed
Negative: councilmembers Finkel, Zane,
Mayor Conn
Discussion was held.
the fee by 50 cents.
the following vote:
Mayor Conn moved an amendment to increase
The motion was duly seconded and failed by
Council vote: Affirmative: Councilmembers A. Katz, Zane,
Mayor Conn
Negative: Councilmembers Finkel, Jennings,
H. Katz, Reed
Discussion was held. Councilmember Finkel's amendment, as
modified, was approved by the following vote:
council vote: Affirmative: Councilmembers A. Katz, H. Katz,
Reed, Zane, Mayor Conn
Negative: councilmembers Finkel, Jennings
Discussion was held. Mayor Pro Tempore H. Katz' s substitute
motion to approve the staff recommendation and eliminate the 15%
density bonus failed by the following vote:
Council vote: Affirmative: Councilmembers A. Katz, H. Katz,
Reed
Negative: councilmembers Finkel, Jennings,
Zane, Mayor Conn
Discussion was held. Councilmember Zane, with no objection from
the second, included in his motion, now the main motion on the
floor, direction to staff to analyze and contrast to the current
staff proposal the differential fee between neighborhoods so as
to address the question of the impact of one set of fee levels.
The motion, as amended, failed by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
Zane
Negative: Councilmembers A. Katz, H. Katz,
Reed, Mayor Conn
Discussion was held. Councilmember A. Katz moved to adopt the
staff recommendation, thereby adopting Resolution No. 7385(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
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MONICA ADOPTING A REVISED PROGRAM 12 OF THE HOUSING ELEMENT OF
THE GENERAL PLAN," reading by title only and waiving further
reading thereof, certifying the Initial study and Negative
Declaration on the amendments and adopting the amendments as
recommended in the staff report dated February 10, 1987: further,
that the Resolution include the following changes: In Section
S(b) of Exhibit B of the Resolution, the in-lieu fee shall be I
$5.50 per square foot of the floor area of the project for the
first 10,000 square feet, and $6.50 for above 10,000 square feet,
except if the School District imposes any fees, it would come off
of that on a penny-far-penny basis. Second by Councilmember
Zane. The motion was approved by the following vote:
council vote: Affirmative: Councilmembers Finkel, A. Katz,
Zane, Mayor Conn
Negative: councilmembers Jennings, H. Katz,
Reed
5-B: JULY 4TH FIREWORKS: Presented was a staff report
recommending options regarding the July 4th beach fireworks,
continued from February 24, 1987. Discussion was held. Members
of the public Ken Ward, Harold Kleinman, and Joy FUllmer spoke in
opposition to the early morning fireworks proposal. Edward Bell
proposed that various parts of the community have their own
shows. Discussion was held. Mayor Pro Tempore H. Katz moved
that the City try something innovative and go for the fireworks
at dawn on the 4th of July (Option 4). Second by Councilmember
A. Katz. Discussion was held. Mayor Pro Tempore H. Katz, with
no objection from the second, incorporated into the motion
banning beach clubs from having July 4th fireworks. Discussion
was held. Mayor Pro Tempore H. Katz, with no objection from the
second, included in the motion direction to staff to issue a
permit to Santa Monica College for fireworks on July 3. During
discussion, Mayor Pro Tempore H. Katz included in the motion
Councilmember Finkel's suggestion to work in conjunction with the
Arts Commission to develop a fireworks at dawn program: the
program to be for this year only with staff to evaluate the
experience and bring it back for discussion next year. The
motion, as amended, was approved by the following vote:
council vote: Affirmative: councilmembers Finkel, Jennings,
A. Katz, H. Katz, Reed, Mayor Conn
Negative: Councilmember Zane
Mayor Pro Tempore H. Katz moved to extend the meeting to 12:30
a.m. The motion was duly seconded and unanimously approved.
5-C: CITY COUNCIL PROCEDURES: Continued to March 17, 1987.
5-0: VENDING AND STREET PERFORMER POLICY: Continued to March
17, 1987.
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6. CONSENT CALENDAR: Presented was the Consent Calendar 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 exception of Item
6-D~ reading resolutions and ordinances by titles 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
6-A: MINUTES APPROVAL: The minutes of the city Council meeting
held February 24, 1987, were approved.
6-B: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No.
7386 (CCS) entitled: "A 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-87-97), 11
was adopted, thereby setting a public hearing for April 14, 1987.
6-C: GUTTER/STREET RESURFACING: Resolution No. 7387 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A PUBLIC HEARING FOR MAY 12, 1987, TO HEAR ANY
PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR
GUTTER INSTALLATION AND STREET RESURFACING ON VARIOUS CITY
STREETS,II was adopted.
6-E: DEVELOPMENT AGREEMENT/2600 COLORADO AVENUE: Ordinance No.
1402 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING THE SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN CAMPEAU CORPORATION CALIFORNIA AND
2600 COLORADO ASSOCIATES AND THE CITY OF SANTA MONICA, " was
adopted, having been introduced February 24, 1987, thereby
amending Development Agreement No. 3743 (CCS) to permit
non-operable windows in the project at 2600 Colorado Avenue.
6-F: TEMPORARY TRAILER PERMITS: Ordinance No. 1403 {CCS}
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SUPPLEMENTAL CONSTRUCTION AND PROPERTY
MAINTENANCE STANDARDS," was adopted I having been introduced
February 24, 1987, thereby extending the time period that
temporary trailers may occupy a lot.
6-G: WATER TRENCHES: Contract No. 4886 (CCS) was awarded to
SUlly-Miller contracting Company in the amount of $409,925 for
asphalt paving of water trenches for 1987-88 and the City
Engineer was authorized to issue any change orders necessary to
campI ete the additional work as required in an amount not to
exceed the funds available in conformance with the Administrative
Instructions on Change Orders.
6-H: MARKET AT 1685 LINCOLN BOULEVARD: A recommendation to
approve the statement of Official Action setting forth conditions
and findings for Conditional Use Permit 443 for the sale of beer
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and wine at a convenience market to be located at 1685 Lincoln
Boulevard, considered on February 24, 1987, was approved.
END OF CONSENT CALENDAR
6-0: FREEWAY OFF-RAMP TRAFFIC AT CLOVERFIELD BOULEVARD:
Presented was a staff report transmitting a resolution requesting I
CalTrans to restripe the Santa Monica Freeway exit at Cloverfield
Boulevard and 26th street. Mayor Pro Tempore H. Katz introduced
discussion and moved to adopt Resolution No. 7388(CCS) entitled:
II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REQUESTING CALTRANS TO RESTRIPE THE WESTBOUND SANTA MONICA
FREEWAY EXIT AT CLOVERFIELD BOULEVARD AND 26TH STREET, U reading
by title only and waiving further reading thereof, incl uding
added language that would allow two cars on two lanes to enter
the offramp from the freeway. 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 the assessment of costs to
repair damaged sidewalks, driveways, and curbs on various streets
(SR-87-95). 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.
7389 (CCS) entitled: "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-87-95)," 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: GUTTERS/STREET RESURFACI~G/TREE PLANTING ASSESSMENT
DISTRICT: Presented was a staff report and a public hearing on
the formation of an assessment district to construct concrete
gutters, reconstruct the street and plant trees along Colorado
Avenue between 14th street and C10verfield Boulevard. Discussion
was held. The public hearing was declared opened. Ken Ward
spoke in support of the project and suggested that Colorado
Avenue be widened between 14th and 19th Streets. There being no
one else wishing to be heard, the public hearing was declared
closed. Councilmember Reed moved that the gutter and street
resurfacing district per the staff recommendation be created from
14th to 20th on Colorado and that staff be authorized to do the
appropriate reprogramming of Federal Aid Urban funds which are
not used in the Colorado project, thereby adopting Resolution No.
7390 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA FINDING THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE STREET RESURFACING, CONSTRUCTION OF GUTTERS AND TREE
PLANTING IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 7371(CITY
COUNCIL SERIES)," as amended, reading by title only and waiving
further reading thereof. Second by Mayor Pro Tempore H. Katz.
councilmember Reed, with no objection from the second, included
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in her motion direction that staff prepare for Council an
information report on the possibility of widening the street when
the street is resurfaced again. Discussion was held. The
motion, as amended, was approved by the following vote:
council vote: Unanimously approved 7-0
8-A~ ALCOHOL EFFECTS ON PREGNANCY: Presented was a staff report
transmitting an ordinance for first reading adding section 4813
to the Santa Monica Municipal Code requiring the posting of signs
regarding the dangers of consuming alcoholic beverages during
pregnancy. The public hearing was declared opened. Gerry
Breitbart, representative of the California Restaurant
Association, spoke in support of the ordinance and requested that
signs be posted in city-owned facilities. There being no one
else wishing to speak, the public hearing was declared closed.
Discussion was held. Councilmerober Finkel moved to introduce for
first reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4813 TO THE
SANTA MONICA MUNICIPAL CODE RELATING TO THE POSTING OF SIGNS
REGARDING THE DANGERS OF CONSUMING ALCOHOLIC BEVERAGES DURING
PREGNANCY," reading by title only and waiving further reading
thereof, incorporating into the motion the suggestion that the
sign should be changed to read "alcohol ic beverages including
beer and wine. It Second by Mayor Pro Tempore H. Katz. The motion
was approved by the following vote:
council vote: Unanimously approved 7-0
8-B: NOISE REGULATION: Presented was a staff report
transmitting an ordinance for introduction and first reading
relating to the regulation of noise. Discussion was held. The
public hearing was declared opened. Joy Fullmer spoke in
opposition to the ordinance. Toru Ino and Roy Imazu spoke in
support. Kelly Olsen spoke in general support of the ordinance
but expressed concern regarding the impact of noise created in
commercial zones on residents in immediately adjacent residential
zones. Jack Baptista requested that zones Rl, R2, and R3 be
treated the same and restrictions be included for helicopters
working on construction. There being no one else wishing to be
heard, the public hearing was declared closed. Discussion was
held. councilmember Reed moved to introduce for first reading
an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO THE REGULATION OF NOISE AND
VIBRATION," reading by title only and waiving further reading
thereof, including in the motion the City Attorney's suggestion
that Section 4314(a) of the ordinance dealing with restriction
on construction activity, be changed to read "No person shall
operate equipment, including vehicles or helicopters involved in
construction activity..." and including Councilmember Zane's
suggestion that the R districts 1, 2, 3, and 4, and R2R all be
included in the standards for Noise Zone I. Second by Mayor Pro
Tempore H. Katz. Discussion was held. councilmember Reed, with
no objection from the second, incorporated into the motion the
addition of language prohibiting playing of radios, tape
recorders, or other recorded music from the hours of 10 p.m. to 8
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a.m. in any public park or beach or recreation facilities, and
Councilmember Jennings' suggestion that, in residential zones,
the time limits for quieter uses be one hour later in the morning
on Saturdays, Sundays and holidays. The motion, as amended, was
approved by the following vote:
council vote: Unanimously approved 7-0
8-C: PREFERENTIAL PARKING ZONE B: continued to March 17, 1987.
II-A: BEACH PARKING FEES: continued to March 17, 1987.
ll-B: CLOSED SESSION: Held later in the evening.
13-A: FIRE SPRINKLERS: continued to March 17, 1987.
13-B: HOMELESS HEALTH PROBLEMS: continued to March 17, 1987.
14-A: CONVENTION AND VISITORS BUREAU:
1987.
Continued to March 17,
14-B: PLANNING COMMISSION: continued to March 17, 1987.
14-C: AIRPORT COMMISSION: continued to March 17, 1987.
14-0: ELECTRICAL BOARD OF APPEALS: continued to March 17, 1987.
15. PUBLIC INPUT: None.
11-B: 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 12:30 a.m., Councilmember Reed moved
to adjourn to Closed Session to consider the following cases:
Kamran Bahramirad, et al. v. City of Santa Monica, Santa Monica
Superior Court Case No. WEC 097 360, Claim of Robert J. Regan,
Claim No. ASM 86-141; and In re California Aviation, Inc., United
states Bankruptcy Court Case No. 86-23264-JD. Second by Mayor
Pro Tempore H. Katz. At 12:39 a.m., Council reconvened with six
members present, Councilmember Zane absent.
A motion was made and duly seconded to approve settlement in the
cases of Kamran Bahramirad v. City in the amount of $15,940, and
Claim of Robert J. Regan in the amount of $3,827.72. The motion
was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Zane
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ADJOURNMENT: At 12:40 a.m., Council
adj ournment in memory of Anne K.
Board Trustee.
~f
ATTEST:
~& <<k '0----
Donna R. Betancourt
Assistant city Clerk
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March 17, 1987,
Monica College
onn
March 10, 1987