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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 22, 1987
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 7:00 p.m., on Tuesday, September 22, 1987, in the
Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember David B. Finkel
(arrived during Closed Session)
Councilmember William H. Jennings
Councilmemher Alan S. Katz
(arrived during Closed Session)
Councilmemher Dennis Zane
Absent: Councilmemher Christine Reed
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 7:01 p.m., Council adjourned to Closed Session to
consider personnel matters and the following cases: Sivori v.
city of Santa Monica, Santa Monica Superior Court Case No. WEC
00527; and Leka v. city of Santa Monica, Santa Monica Superior
Court Case No. WEC 085843. At 7:32 p.m., Council reconvened with
all members present. No announcement was made. (See Items Il-C
and 14-H.)
The assemblage was led in the Pledge of Allegiance to the United
states of America.
4-A: EMPLOYEE SERVICE PINS: Mayor Conn presented
service pins to Victor Alferos, Police Department, for
of service; George Graham, Fire Department, for 20
service; and Lester Zerbel, Fire Department, for 20
service.
employee
20 years
years of
years 0 f
4-B: AMERICAN PUBLIC TRANSIT ASSOCIATION: Mayor Conn presented
commendations in recognition of the Santa Monica Municipal Bus
Lines as a recipient of the 1987 American Public Transit
Association Outstanding Achievement Award.
4-C: WATER AWARENESS WEEK: Mayor Conn presented a proclamation
to the Water Department naming the week of October 19 - 24, 1987,
Water Awareness Week.
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September 22, 1987
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4-D: COAST WEEK: Mayor Conn presented a proclamation to the
Parks and Recreation Department naming the week of October 4 -
10, 1987, Coast Week.
4-E: UNION LABEL WEEK: Mayor Conn presented a proclamation to
Dolores Press, employee of Retail Clerks Union and former Mayor
Pro Tempore of Santa Monica, naming the week of September 7 - 12,
1987, Union Label Week.
5-A: THIRD STREET MALL: Presented was a request from Gert
Salomon to address Council requesting that assessed charges
pertaining to the Third street Mall be based on sales generated
in the stores, continued from September 8, 1987. Discussion was
held; no action was taken.
Mayor Pro Tempore H. Katz moved that Items 8-A, 8-B, ll-A, and
1l-B all be held simultaneously as one agenda item, having one
public hearing and allowing members of the public two minutes
each to speak. Second by Councilmember Finkel. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Absent: Councilmember Reed
6. CONSENT CALENDAR: The Consent Calendar was presEmted whereby
all items are considered and approved in one motion unless
removed from the calendar for discussion. councilmember Finkel
moved to approve the Consent Calendar with the exception of Items
6-C and 6-G, reading ordinances and resolutions 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: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Absent: Councilmember Reed
6-A: MINUTES APPROVAL: city council minutes of September 8,
1987, were approved as written.
6-B: HEALTH CLUBS: Ordinance No. 1417 (CCS) entitled: II AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 4814 AND AMENDING SECTIONS 6120 AND 6122 OF THE MUNICIPAL
CODE TO REQUIRE A POLICE PERMIT AND BOND FOR HEALTH CLUBS
OPERATING IN SANTA MONICA" was adopted, thereby amending
Municipal Code Sections 6120 and 6122 to require a police permit
and bond for health clubs I having been introduced September 8 I
1987.
6-0: RESTAURANTS/MAIN STREET COMMERCIAL DISTRICT: Ordinance No.
1418 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE
ORDINANCE BY AMENDING SECTION 9ll9B OF THE SANTA MONICA MUNICIPAL
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September 22, 1987
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CODE TO ALLOW FOUR RESTAURANTS IN BLOCK 6 OF THE MAIN STREET
COMMERCIAL DISTRICTII was adopted, thereby permitting four
restaurants in Block 6 of the Main Street Commercial District,
having been introduced September 8, 1987.
6-E: FINAL PARCEL MAP NO. 17276/1934 18TH STREET: Resolution
No. 7502(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REVERTING TO ACREAGE TRACT NO. 38288 AND
ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 17276" was
adopted, thereby approving Final Parcel Map 17276 for reversion
to acreage of a six-unit condominium at 1934 18th street.
6-F: MAIN LIBRARY SLIDE ARCHIVE PROJECT: The city Manager was
authorized to apply to the National Historical PUblications and
Records Program for a grant totaling $15,000 for the Main Library
Slide Archive Project.
6-H: TRACTOR LOADER/BACKHOE/CEMETERY DIVISION: Bid No. 2131 was
awarded to So-Cal Ford Tractor, Inc., in the total amount of
$32,569.83, including tax, for a tractor loader/backhoe for the
Cemetery Division, and the appropriation of account number
37-500-641-000-801 increased by $2,570.
6-I: TRUCK TRACTOR/SOLID WASTE MANAGEMENT DIVISION: Bid No.
2132 was awarded to carmenita Truck Center in the total amount of
$60,678.38, including tax, for an truck tractor for the Solid
Waste Management Division.
END OF CONSENT CALENDAR
6-C: PROPERTY DEVELOPMENT STANDARDS/Rl DISTRICT: Presented was
a staff report transmitting an ordinance for adoption and second
reading providing property development standards for the R1
District, introduced September 8, 1987. Councilmember Finkel
moved that Item 6-C be continued to the meeting of October 13,
1987. Second by Counci1member A. Katz. The motion was
unanimously approved.
6-G: THIRD STREET DEVELOPMENT CORPORATION SERVICES AGREEMENT;
Presented was a staff report transmitting a recommendation to
authorize the City Manager to execute a Third Street Development
corporation services agreement. Member of the public, Joy
Fullmer, spoke in opposition to the project. Discussion was
held. Councilmember Zane moved to approve the staff
recommendation, thereby awarding Contract No. 5024 (CCS) and
authorizing the City Manager to execute the Third street
Development Corporation Services Agreement. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
8-A, 8-B, ll-A, I1-B: COLORADO PLACE LIMITED/SOUTHMARK PACIFIC
{SOPAC} PROPERTIES DEVELOPMENT AGREEMENTS/RELATED GENERAL PLAN
AMENDMENTS/VICINITY OF CLOVERFIELD BOULEVARD AND COLORADO AVENUE:
Presented were staff the reports transmitting the following:
(8-A) an ordinance for introduction and first reading approving
Amendment No. 4 to Development Agreement Contract No. 3719(CCS)
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SeptembE~r 22, 1987
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between Colorado Place Limited, SoPac Development Co. (Southmark
Pacific Properties, Inc.), and the city in the block bounded by
Colorado, 26th street, Broadway and Cloverfield; (8-B) an
ordinance for introduction and first reading approving a
Development Agreement with SoPac Properties, Inc. for a
hotel/office development on a parcel located between Olympic
Boulevard, Cloverfield Boulevard and 20th street, a resolution I
certifying the Colorado Place Phase III Environmental Impact
Report (EIR) and Final Supplement to the EIR, and a report
containing supplemental recommendations regarding the SoPac
development agreement; (11-A) a resolution approving General Plan
Amendment Number 07 to add Policy 1.8.9 to Special Office
District section of the Land Use and Circulation Elements in
clarification of a transfer of previously approved hotel use from
Colorado Place Phase II to Phase III; and (ll-B) a resolution
approving a General Plan Amendment to modify Policy 1.8.7 and the
Project Mitigation Measure of the Land Use and Circulation
Elements permitting in-lieu fees to satisfy the parks mitigation
requirement in Special Office Districts. Discussion was held.
Tom Larmore, representing Southmark, spoke in support of the
project.
The following members of the pUblic spoke in support
project: victor Wong, Nat Trives, Judy Brunk, Rev.
Foster, Dr. Al Quinn, Edward Bell, Clyde Smith, George
Leonard E. Freed, Steve Reid, Bill Putnam, Tom Bagby,
Williams, stan Gilbert, Paul Rosenstein, Donna Alvarez and
Villanueva.
of the
Curtis
Zurow,
stacey
Edward
The following members of the public spoke in opposition to the
project: Heinz Ziegler, Richard DiCkinson, Carol Kurtz, Peter
Tigler, Navelle Hauk, Duke Kelso, Joe Hartnet, Regula Ziegler,
Dennis Orlando, Dale Fulkerson, Art Casillas, Phillip Antoine,
Kelly Olsen, David Epstein, Cheri Dickinson, Angela DeMott,
Donald MurChie, Ce Ce Bradley, Ken Genser, Joy Fullmer, Dianne
Glinos, Dolores Press, Roy Morando, Jack Baptista, Dorothy Green,
Mark Abramowitz, Luisa Kot and Bill Weingarden. Eileen Hecht
spoke to clarify the Planning Commission's discussion on the
project; Chris Harding spoke in favor of compliance with the Land
Use Element; Bruria Finkel spoke in favor of percent for art; and
Fae Miles spoke in support of housing for the homeless.
Discussion was held.
In regard to Item 8-A, Councilmember Jennings moved to introduce
for first reading an ordinance 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 SCPAC DEVELOPMENT CO., A CALIFORNIA CORPORATION AND THE CITY
OF SANTA MONICAl!, reading by title only and waiving further
reading thereof, with the changes that are in the staff report
dated September 22, 1987, for Item 8-A. Second by Mayor Conn.
Discussion was held.
Mayor Pro Tempore H. Katz moved a substitute motion to omit the
theatres from Phase II. The motion died for lack of a second.
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september 22, 1987
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Councilmember Zane moved an amendment to limit the scale of the
theatres to four screens and 1500 seats. Second by Mayor Pro
Tempore H. Katz. Discussion was held. The amendment was
approved by the following vote:
council vote: Affirmative: Councilmembers Finkel, A. Katz, H.
Katz, Zane, Mayor Conn
Negative: councilmember Jennings
Absent: councilmember Reed
Discussion was held. The main motion, as amended, was approved
by the following vote:
council vote: Affirmative: councilmemhers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Absent: councilmember Reed
In regard to Item 8-B, Mayor Pro Tempore H. Katz moved to approve
the staff recommendation on Colorado Place, Phase III, including
the $5 million dollar element referenced in the supplemental
staff report, the possibility of the program that this project
gets together with the College for using their site now and when
it is completed for shuttle service or park and ride, with
changes that the Planning Commission has recommended to reduce
the time of construction from "10 years to completell to "10 years
to commence" (later revised to 12 years), and that the 1.3 (FAR)
be changed to 1.85. Second by Mayor Conn. Discussion was held.
A motion by Mayor Pro Tempore H. Katz to extend the meeting to
1: 45 a. m. was seconded and approved. During discussion, Mayor
Pro Tempore H. Katz revised the motion regarding Colorado Place
so that it includes adoption of Resolution No. 7503(CCSS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND THE
FINAL SUPPLEMENT TO THE EIR ON THE PROPOSED DEVELOPMENT AGREEMENT
BETWEEN SOPAC PROPERTIES, INC. AND THE CITY OF SANTA MONICA"
reading by title only and waiving further reading thereof. The
revision was accepted by the second.
councilmember Zane moved a substitute motion for denial of the
project. Second by Councilmember Finkel. Discussion was held.
The motion to deny failed by the following vote:
council vote: Affirmative: Councilmembers Finkel, Zane
Negative: Councilmembers Jennings, A. Katz, H.
Katz, Mayor Conn
Absent: councilmember Reed
Councilmember Zane moved a substitute motion that Council direct
staff to bring back a development agreement limited to the 96
foot hotel and the 84 foot office building. Second by
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september 22, 1987
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Councilmember Finkel. Discussion was held.
motion failed by the following vote:
The substitute
council vote: Affirmative: Councilmembers Finkel, Zane
Negative:
Councilmembers Jennings, A. Katz, H.
Katz, Mayor Conn
Councilmember Reed
Absent:
Councilmember A. Katz requested that the record to show that his
no vote is because in his mind this leaves us with many of the
burdens and far few of the benefits of the main motion. with the
consent of the secondl Mayor Pro Tempore H. Katz moved an
amendment to the main motion that the time of construction be
changed to "12 years to commence".
councilmember Zane moved to reduce the FAR to 1.3 consistent with
the Planning Commission I s recommendation. The motion died for
lack of second.
The main motion, as amended, was approved by the following vote:
Council vote: Affirmative: Councilmemhers Jennings I A. Katz, H.
Katz, Mayor Conn
Negative: Councilmembers Finkel, Zane
Absent: Councilmember Reed
Councilmember Zane requested that the record reflect that he
thinks this decision will be a watershed in the life of this
community -- a million square feet is a lot of development.
Further regarding Item 8-B, Mayor Pro Tempore H. Katz moved to
introduce for first reading an ordinance entitled: HAN 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. Second by Mayor Conn.
Discussion was held. Upon recommendation by the City Attorney,
Councilmember Jennings moved an amendment to add a sentence to
paragraph 28 (b) of the Development Agreement stating that "any
extension of the period to cure a default under this subsection
shall not exceed 90 days from notice by the City. n Second by
Councilmemher A. Katz. The amendment was accepted as friendly by
the maker and second and incorporated into the main motion. The
main motion, as amended, was approved as follows:
Council vote: Affirmative: Councilmemhers Jennings, A. Katz, H.
Katz, Mayor Conn
Negative: Councilmembers Finkel, Zane
Absent: Councilmember Reed
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September 22, 1987
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Councilmember Zane requested the record to reflect that he thinks
this is an unfortunate decision.
Councilmember Zane moved to ask staff to bring back, at our next
regularly scheduled meeting, recommendations for the procedure
the Council would follow if it wanted to make significant
reductions in the density of the Special Office District. After
discussion councilmernber Zane requested this matter be placed on
the next agenda.
In regard to Item 11.-A1 Mayor Pro Tempore H. Katz moved to
approve General Plan Amendment Number 07 to add Policy 1.8.9 to
the Special Office District Section of the Land Use and
circulation Elements by adoption of Resolution No. 7504(CCS}
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING AN AMENDMENT TO THE SPECIAL OFFICE DISTRICT
SECTION OF THE LAND USE AND CIRCULATION ELEMENTS OF THE GENERAL
PLAN REGARDING TRANSFER OF A HOTEL USE FROM COLORADO PLACE PHASE
II TO COLORADO PLACE PHASE III" , reading by ti tIe only and
waiving further reading thereof. Second by Mayor Conn.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: councilmembers Jennings I A. Katzl H.
Katz I Mayor Conn
Negative: Councilmernbers Finkel, Zane
Absent: Councilmember Reed
Regarding Item 11-B, Councilmember Finkel moved approval of the
staff recommendation thereby adopting Resolution No. 7505 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING AN AMENDMENT TO THE LAND USE AND CIRCULATION
ELEMENTS OF THE GENERAL PLAN", reading by title only and waiving
further reading thereof, modifying Policy 1.8.9 and the Project
Mitigation Measures of the Land Use Element of the General Plan.
Second my Councilmember A. Katz. The motion was approved by the
fOllowing vote.
Council vote: Affirmative: Councilmembers Finkel I Jennings, A.
Katz, H. Katz, Mayor Conn
Negative: councilmembers Zane
Absent: Councilmember Reed
Councilmember A. Katz moved to extend the meeting to 2:15 a.m.,
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved 6-0.
ll-C: CLOSED SESSION: (Considered earlier in the evening.
Action announced at end of meeting.)
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September 22, 1987
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13-A: HOMELESS: Presented was the request of Morris Silverstein
to address Council regarding funding of a speech to social
workers regarding the mentally ill and homeless. There being no
objection, the matter was continued to October 13, 1987, as
requested.
13-B: HARE KRISHNA PARADE: Presented was the request of Bobby I
Bible to address Council regarding annual Hare Krishna parade.
Mr. Bible was not present to speak, therefore the request was
received and filed.
13-C: PUSH CARTS/PALISADES PARK: Presented was the request of
o. Cleminti to address Council regarding an ordinance to allow
hot dog push carts in Palisades Park. Mr. Cleminti was not
present to speak, therefore the request was received and filed.
13-0: HOMELESS: Presented was the request of Fae Miles to
address Council regarding finding permanent homes for the
homeless. Ms. Miles was not present to speak, therefore the
request was received and filed.
14-A: HOUSING COMMISSION: Presented was the matter of
appointment of members to Housing Commission, continued from
September 8, 1987. Councilmember Zane moved to accept, by
acclamation, Suzanne Mitchell and Martha Fisher. Second by
Councilmember Finkel. The motion was unanimously approved.
Therefore Suzanne Mitchell was appointed for a term ending June
30, 1988 and Martha Fisher for a term ending June 30, 1989.
14-B: AIRPORT COMMISSION: Presented was the matter of
appointment of a member to Airport Commission, continued from
September 8, 1987. Mayor Conn moved to continue this item to the
next meeting. The motion was duly seconded and unanimously
approved.
14-C: BUILDING AND SAFETY COMMISSION: Presented was the matter
of appointment of a member to the Building and Safety Commission.
Councilmember Finkel moved to accept, by acclamation, Norman Axe
to the Building and Safety Commission for a term ending June 30,
1988. The motion was duly seconded and unanimously approved.
14-0: REPLICA FIREARMS: Presented was the request of Mayor Pro
Tempore H. Katz to discuss adoption of an ordinance making it a
misdemeanor to brandish or use a replica firearm in a threatening
manner, continued from September 8, 1987. Mayor Pro Tempore H.
Katz moved to direct staff to come back with an ordinance
requesting discussion against using or brandishing a replica of
firearms or simulated firearms in an assaultive or threatening
manner and to refer to the County Board of Supervisor'S
Ordinance. Second by Mayor Conn. The motion was and unanimously
approved.
14-E: HOMELESS: Presented was the request of Councilmember
Finkel to discuss possible organized proj ects with the school
district to help the homeless, continued from September 8, 1987.
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September 22, 1987
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Councilember Finkel moved that staff explore possible programs in
conjunction with the Commission on Older Americans, the School
District, the Parks and Recreation Department, and the Social
Services community in the city, with a view toward coming up with
possible proposed programs which are designed to achieve the
purpose set forth in the document (his memorandum dated September
8, 1987). Second by Councilmember A. Katz. The motion was
unanimously approved.
14-F: ADVERTISING LEAFLETS: Presented was the request of
Councilmember Reed to discuss consideration of an ordinance
addressing problem of advertising leaflets distributed on car
windshields, continued from September 8, 1987. There being no
objection, this matter was continued to October 13, 1987.
14-G: ANTI-GRIDLOCK ASSEMBLY BILL: Presented was the request of
Councilmember A. Katz to discuss requesting staff to analyze the
anti-gridlock assembly bill as to its benefits as a City
ordinance. Discussion was held. Councilmember A. Katz moved
that staff explore an ordinance that would help Santa Monica take
advantage of this anti-gridlock legislation. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
14-H: CITY MANAGER: Presented was the request of Mayor Conn to
discuss the City Manager's compensation. Mayor Conn moved that
the city Manager's salary be increased to $90,935, retroactive to
December 4,1986, and that a performance bonus of $5,000 be
awarded. Second by Mayor Pro Tempore H. Katz. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Absent: Councilmember Reed
11-C: CLOSED SESSION: (Held earlier in the evening.) A motion
was made and seconded to approve a settlement in the case of
Sivori in the amount of $9,144. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Absent: Councilmernber Reed
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September 22, 1987
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ADJOURNMENT: At 2:05 a.m., the meeting was adjourned in memory
of Maria D. Schonlau, wife of Ken Schonlau, founder of the CLARE
Foundation; Ralph Walter Kiewit, Santa Monica businessman; and
H. Ralph Michel, longtime resi nand r of a pioneering
family.
ATTEST:
~
Ann M. Shore
city Clerk
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September 22, 1987