Loading...
M-3/10/1987 (2) 278 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 1 March 10, 1987 I 279 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 2 March 10, 1987 280 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 3 March 10, 1987 I 281 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 4 March 10, 1987 282 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. 5 March 10, 1987 I 283 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 6 March la, 1987 284 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 7 March 10, 1987 I 285 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 8 March 10, 1987 286 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 9 March 10, 1987 I I 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 10 287 March 17, 1987, Monica College onn March 10, 1987