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M-9/22/1987 I 45 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. 1 September 22, 1987 46 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 2 September 22, 1987 I I 47 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) 3 SeptembE~r 22, 1987 48 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. 4 september 22, 1987 I 49 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 5 september 22, 1987 ~o 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 6 September 22, 1987 I I 51 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.) 7 September 22, 1987 52 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. 8 September 22, 1987 I 53 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 9 September 22, 1987 54 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 I -------- 10 September 22, 1987