CITY OF SANTA MONICA
CITY COUNCIL MEETING 03/29/88
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
4-A: HARMONY WEEK: Mayor Conn presented a proclamation
declaring April 10-16 as Harmony Week in Santa Monica. The
"Oceannaires" performed in salute to Harmony Week.
4-B: TREE CITY USA AWARD: Mayor Conn officially received the
seventh Tree City USA Award, sponsored by the National Arbor Day
Foundation and presented by the Los Angeles County Fire
Department Forestry Division.
CC/HA-1: SECTION 8 HOUSING AUTHORITY PROGRAM: A recommendation
to approve in concept a plan to assume administration of the
Section 8 Program, authorize a loan of $125,843 to the Housing
Authority, and direct staff to proceed with the necessary staff
recruitment was withdrawn at the request of the staff.
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
all items are considered and approved in one motion unless
removed from the calendar for discussion. Mayor Pro Tempore H.
Katz moved to approve the Consent Calendar with the exception of
the City Council minutes dated March 5 and March 8, 1988, from
Item 6-A, reading resolutions by titles 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 March 5 and
8, 1988, were withheld for further review. The minutes of March
15, 1988, were approved as written.
6-B: VACATION/FIRST COURT: Resolution No. 7585(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF
FIRST COURT, IN THE CITY OF SANTA MONICA, CALIFORNIA," was
adopted, thereby setting a public hearing for April 26, 1988.
6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7586(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-88-109),"
was adopted, thereby setting a public hearing for April 26, 1988.
6-D: PHYSICALLY HANDICAPPED ZONE/617 OCEAN: Resolution No.
7587(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 617 OCEAN AVENUE," was adopted.
6-E: ALTERNATE RACE ROUTE/ST. MONICA'S CHURCH: Resolution No.
7588(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A RUNNING RACE ON
OCTOBER 2, 1988 ON A ROUTE OTHER THAN THE OFFICIAL CITY ROUTES
AND WAIVING THE $10,000 RACE FEE," was adopted, thereby approving
the requested race date as submitted by St. Monica's Church;
approving the proposed race route as set forth in the staff
report dated March 29, 1988; waiving the race fee of $10,000; and
stipulating that all inherent City costs, including Police, be
paid for by St. Monica's Church.
6-F: TREE ASSESSMENT DISTRICTS/WILSHIRE BOULEVARD: A
recommendation to form a tree assessment district for Wilshire
Boulevard from Ocean Avenue to Centinela Avenue was approved;
Resolution No. 7589(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR
THE PURPOSE OF DETERMINING WHETHER OR NOT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE TREE PLANTING ON WILSHIRE BOULEVARD FROM 21ST
STREET TO CENTINELA AVENUE AS SHOWN ON CITY DRAWING NO. 5683 IN
THE CITY OF SANTA MONICA," was adopted, thereby setting a public
hearing for May 24, 1988, for Wilshire Boulevard between 21st
Street and Centinela Avenue; and Resolution No. 7590(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING
WHETHER OR NOT PUBLIC CONVENIENCE AND NECESSITY REQUIRE TREE
PLANTING ON WILSHIRE BOULEVARD FROM OCEAN AVENUE TO 21ST STREET
AS SHOWN ON CITY DRAWING NO. 5683 IN THE CITY OF SANTA MONICA,"
was adopted, thereby setting a public hearing for May 10, 1988,
for Wilshire Boulevard between Ocean Avenue and 21st Street.
6-G: RECREATION AND PARKS DEPARTMENT FEES: Resolution No.
7591(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING RESOLUTION NO. 6755(CCS) DECLARING
ITS POLICY FOR THE USE OF FACILITIES OPERATED BY THE RECREATION
AND PARKS DEPARTMENT OF THE CITY OF SANTA MONICA IN REGARD TO THE
REGULATIONS FOR USING THE SAME AND THE CHARGING OF FEES FOR USING
THE SAME," was adopted, thereby establishing new user fees for
the Recreation and Parks Department.
6-H: EASEMENT/22ND COURT AND SANTA MONICA PLACE NORTH:
Resolution No. 7592(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND
RECORDATION OF AN EASEMENT FOR UTILITY PURPOSES ALONG
TWENTY-SECOND COURT AND SANTA MONICA PLACE NORTH LOCATED BETWEEN
ARIZONA AVENUE AND SANTA MONICA BOULEVARD," was adopted.
6-I: LIBRARY LITERACY PROGRAM: A recommendation to authorize
the City Manager to apply for a grant totalling $125,000 from the
California Literacy Campaign, administered by the California
State Library, to establish a literacy program in the Library for
English-speaking adults, to commence July 1, 1988, was approved.
6-J: SEDWAY COOKE/OCEAN PARK REZONING STUDY: A recommenation to
authorize the City Manager to negotiate and execute Contract No.
5087(CCS) in the amount of $160,770 with Sedway Cooke Associates
to conduct a rezoning study for the Ocean Park neighborhood was
approved.
END OF CONSENT CALENDAR
7-A: APPLE SERVICES, INC./WEEDS AND RUBBISH ABATEMENT:
Presented was a staff report and public hearing on the intention
to abate weeds and rubbish and to award a contract to Apple
Services, Inc., in the amount of $23,150. Discussion was held.
The public hearing was declared opened. There being no one
wishing to speak, the public hearing was declared closed.
Councilmember Finkel moved to approve the staff recommendation,
thereby awarding Contract No. 5088(CCS) in the amount of $23,150
to Apple Services, Inc., for weed and rubbish abatement; and
authorizing the City Engineer to negotiate and authorize
necessary change orders to complete additional work in accordance
with the City's Administrative Instructions. Second by Mayor Pro
Tempore H. Katz. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
10-A: PERCENT FOR ART PROGRAM: Presented was a staff report
recommending approval of the 1987-88 Art Plan for Percent for Art
Program and expenditures totaling $230,951. Councilmember A.
Katz moved to hear from a member of the public (Reports of
Commissions require two-thirds vote of Council to hear public
input). Second by Councilmember Zane. The motion was
unanimously approved. Joy Fullmer expressed concern regarding
the expense of the artwork. Councilmember Finkel moved to
approve the staff recommendation, thereby approving the 1987-88
Art Plan for the Percent for Art program and expenditures
totaling $230,951 as proposed by the Arts Commission. Second by
Mayor Pro Tempore H. Katz. Councilmember Reed requested the
record to reflect her concern about the size of the "Solar Web"
and her personal objection to that particular piece because of
its size and the proposed color. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
At the request of staff, Item 11-C was heard prior to Item 11-A.
11-C: UNDERWATER WORLD/AQUARIUM: Presented was a staff report
recommending authorization for the City Manager to negotiate and
execute an exclusive negotiating agreement and other necessary
agreements with Underwater World Company for development of an
aquarium on a parcel adjacent to the Santa Monica Pier, and to
authorize staff to prepare an Environmental Impact Report and
conduct public workshops and hearings. Discussion was held.
Member of the public Russ Barnard spoke in support of the
project. Mayor Pro Tempore H. Katz moved to approve the staff
recommendation, thereby: (1) authorizing the City Manager to
negotiate and execute Contract No. 5089(CCS), an Exclusive
Negotiating Agreement with Underwater World Company; (2)
authorizing the City Manager to negotiate with Underwater World
Company the disposition, development, lease, and any other
necessary agreements for development of the Aquarium project; (3)
authorizing City staff to prepare an Environmental Impact Report
on the proposed development project and conduct public workshops
and hearings to solicit public, Pier Restoration Corporation, and
other City, Board, and Commission recommendations on the
development scheme; and (4) directing City staff to return to
Council in December 1988, to present the agreement document and
development project for final City Council approval; adding
direction to staff to come up with a suitable relocation of the
City's beach maintenance facility. Second by Councilmember Zane.
Discussion was held. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
11-A: MUNICIPAL PIER RECONSTRUCTION: Presented was a staff
report recommending approval of the design for the third phase of
the reconstruction of the west end of the Municipal Pier. Brian
Schnert of the architectural firm of Kaplan/McLaughlin/Diaz gave
a presentation on the proposed design. Discussion was held.
Member of the public Joy Fullmer expressed concern regarding the
design of the pier in relation to possible damage from
earthquakes and storms. Discussion was held. Councilmember Zane
moved to approve the staff recommendation, thereby approving the
design for the third phase of the reconstruction of the Santa
Monica Pier, the 420 foot extension of the west end of the
Municipal Pier. Second by Mayor Pro Tempore H. Katz. Discussion
was held. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
11-B: KEN EDWARDS COMMUNITY SERVICES CENTER: A recommendation
to award a contract for construction of the Ken Edwards Center
for Community Services was withdrawn at the request of the staff.
Item 11-C was considered prior to Item 11-A.
11-D: HOUSEHOLD HAZARDOUS WASTE PROGRAM: Presented was a staff
report recommending approval of the Household Hazardous Waste
Program in concept, including funding for an additional Laborer I
position in the 1988-89 budget, and authorization for the City
Manager to negotiate and execute all necessary documents.
Discussion was held. Members of the public Donald Lewin Nelson
and Joy Fullmer spoke in favor of the program but expressed
concern that the staff person responsible for the waste
collection be properly trained. Councilmember Zane moved to hear
from a member from the public who submitted a late request to
speak. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved. Member of the public Ed Simonian spoke in
favor of the program. Councilmember Finkel moved to approve the
staff recommendation, thereby approving the proposed Household
Hazardous Waste Program in concept and instructing staff to
include funding in the 1988-1989 budget for an additional 1.0
(full-time equivalent) Laborer I position, and authorizing the
City Manager to negotiate and execute all necessary permits and
contracts. Second by Councilmember Zane. Discussion was held.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
11-E: CLOSED SESSION: Not held.
12-A: MCDONALD'S RESTAURANT/1540 2ND STREET: Presented was an
appeal of the Planning Commission denial of Development Review
397 and Zoning Administrator Use Permit 5233-U for addition of a
drive-through lane and 240 square feet of floor area to
McDonald's Restaurant at 1540 2nd Street, continued from February
23, 1988. Lisa Howard spoke on behalf of the Applicant, Lourdes
Management, Inc. Discussion was held. Mayor Pro Tempore H. Katz
moved to approve the staff recommendation, thereby denying the
appeal and denying Development Review 397 and Zoning
Administrator Use Permit 5233-U with the findings contained in
the November 16, 1987, Planning Commission staff report. Second
by Councilmember Finkel. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
12-B: KENTUCKY FRIED CHICKEN/2727 PICO BOULEVARD: Presented was
an appeal of the Planning Commission denial of Development Review
400 to construct a 2,056 square foot Kentucky Fried Chicken fast
food restaurant with 64 seats, drive-through service, and surface
parking for 22 vehicles at 2727 Pico Boulevard. Discussion was
held. Robert W. Merriam, Mark Riavek, and Robert Katherman spoke
on behalf of the Applicant. Donald Lewin Nelson spoke on behalf
of the Planning Commission in opposition to the appeal.
Discussion was held. Mayor Pro Tempore H. Katz moved to approve
the staff recommendation, thereby denying the appeal and
upholding the Planning Commission denial of DR400 and ZA 5239-U.
Second by Councilmember Reed. Discussion was held. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
14-A: HOUSING COMMISSION: Presented was the matter of
acceptance of the letter of resignation of Donna Alvarez from the
Housing Commission and authorization to the City Clerk to publish
a notice of vacancy. Councilmember Reed moved to accept the
resignation with regret and authorize the City Clerk to publish a
notice of vacancy. Second by Councilmember Finkel. The motion
was unanimously approved.
14-B: LANDMARKS COMMISSION: Presented was the matter of
acceptance of the letter of resignation of Christopher Johnson
from the Landmarks Commission and authorization to the City Clerk
to publish a notice of vacancy. Councilmember Reed moved to
accept the resignation with regret and authorize the City Clerk
to publish a notice of vacancy. Second by Councilmember Finkel.
The motion was unanimously approved.
14-C: USE OF COUNCIL CHAMBERS: Presented was the request of
Mayor Conn to discuss waiving the fee for use of the Council
Chambers by the Santa Monica Emeritus College for a weekly class
from April 4 and through June 14, 1988. Mayor Conn moved to
waive the fee for the use of the Council Chambers by Santa Monica
Emeritus College. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
14-D: FREELANCE ARTISTS: Presented was the request of
Councilmember Finkel to discuss supporting legislation to exclude
freelance artists from the uniform capitalization provisions of
the Internal Revenue Code. Councilmember Finkel opened
discussion and moved to write letters to federal legislators to
support legislation which would exclude freelance artists from
the uniform capitalization provisions of the Internal Revenue
Code. Second by Mayor Pro Tempore H. Katz. Discussion was held.
The motion was unanimously approved.
14-E: CABLE TELEVISION FRANCHISE FEES: Presented was the request
of Councilmember Zane to discuss opposing AB 2802 regarding cable
television franchise fees. Councilmember Zane moved to oppose
AB 2802 and direct that the lobbyist be directed to express
Council's opposition and to advise of any need for further action
on the part of the Council. Second by Mayor Pro Tempore H. Katz.
The motion was unanimously approved.
14-F: SCAG WORKSHOP: Presented was the request of Councilmember
Reed to discuss co-sponsorship of a workshop with SCAG on April
30, 1988, and waiving the $250 fee for use of the East Room of
the Civic Auditorium. Councilmember Reed opened discussion and
moved to co-sponsor with SCAG a workshop for Los Angeles County
officials regarding the Regional Growth Plan, Transportation
Plan, Air Quality Plan, and Housing Needs Assessment, tentatively
scheduled for April 30, 1988, and waive the $250 fee for the use
of the East Room of the Civic Auditorium. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.