CITY OF SANTA MONICA
CITY COUNCIL MEETING 04/12/88
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: EARTHQUAKE PREPAREDNESS MONTH: Mayor Conn read a
proclamation declaring April as Earthquake Preparedness Month in
Santa Monica.
4-B: SERVICE RECOGNITION: Mayor Conn presented a plaque on
behalf of the City Council to Christopher Johnson in recognition
of his past services on the Landmarks Commission.
4-C: BOARDS/COMMISSIONS: The City Clerk announced that
applications are invited to fill vacancies on the Landmarks
Commission and the Housing Commission.
6-C: PLANNING, ZONING, LAND USE FEES: Ordinance No. 1437(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 2A TO ARTICLE IX OF THE SANTA MONICA
MUNICIPAL CODE TO ALLOW THE CITY COUNCIL TO INCREASE PLANNING,
ZONING, AND LAND USE FEES BY RESOLUTION" was adopted, having been
introduced March 15, 1988.
6-E: TENANT-PARTICIPATING CONVERSION/818 20TH STREET:
Resolution No. 7594(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 45166" was adopted, thereby
approving Final Map 45166 for a Tenant-Participating Conversion
of 6 units at 818 20th Street.
6-F: TENANT-PARTICIPATING CONVERSION/1227 BERKELEY: Resolution
No. 7595(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 45696" was adopted, thereby approving Final Map
45696 for a Tenant-Participating Conversion of 6 units at 1227
Berkeley Street.
6-G: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7596(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-88-110)"
was adopted, thereby setting a public hearing for May 10, 1988,
on the assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets.
6-H: UTILITY EASEMENT/100 OCEAN PARK BOULEVARD: Resolution No.
7597(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF AN
EASEMENT FOR UTILITY PURPOSES AT 100 OCEAN PARK BOULEVARD IN THE
CITY OF SANTA MONICA, CALIFORNIA" was adopted, thereby
authorizing acceptance and recordation of an easement for water
line purposes at 100 Ocean Park Boulevard.
6-I: EASEMENT/MARINE PARK: Resolution No. 7598(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CONSTRUCTION AND
MAINTENANCE OF ELECTRICAL EQUIPMENT LOCATED IN MARINE PARK" was
adopted, thereby authorizing City Manager to execute a Grant of
Easement to Southern California Edison Company for the
installation and maintenance of underground electrical facilities
in Marine Park.
6-J: FAIR HOUSING MONTH: Resolution No. 7599(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE MONTH OF APRIL AS 'FAIR HOUSING MONTH' FOR THE YEAR
OF 1988" was adopted, thereby proclaiming April as Fair Housing
Month and April 20, 1988, as Fair Housing Day at City Hall.
6-K: IMPROVEMENTS/JOSLYN PARK: Contract No. 5092(CCS) was
awarded to Hared Construction and Painting Company in the amount
of $68,205 to construct various improvements at Joslyn Park, and
the City Engineer was authorized to issue any necessary change
orders to complete additional work in conformance with the
Administrative Instructions.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Presented for approval were the City
Council minutes of March 5, March 8, and March 29, 1988.
Councilmember Zane moved to defer approval of the minutes of
March 5 and 8, 1988, to the April 19 meeting (the continued
special meeting for consideration of the Zoning Ordinance) and to
approve the March 29 minutes as written. Second by Councilmember
Reed. Mayor Conn moved an amendment that this meeting be
continued to April 19 for consideration of the March 5 and March
8 minutes, and that the March 29 minutes be approved as written.
The amendment was accepted by the maker and second. The motion
was unanimously approved, Councilmember Jennings absent.
6-B: VEHICLE PARKING ON FRONT LAWNS: Presented was the matter
of the second reading and adoption of an ordinance adding
Municipal Code Section 3385 prohibiting parking of vehicles on
front yards, introduced March 8, 1988. Discussion was held.
Mayor Conn moved to direct the City Attorney to change the
ordinance to prohibit parking of vehicles in front yards and to
allow ticketing for that reason only in the R1 areas of the city.
Second by Councilmember Zane. Discussion was held. The motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Zane,
Mayor Conn
Negative: Councilmembers A. Katz, H. Katz,
Reed
Absent: Councilmember Jennings
Councilmember Reed moved to adopt Ordinance No. 1436(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 3385 TO THE SANTA MONICA MUNICIPAL CODE TO
PROHIBIT PARKING OF VEHICLES ON FRONT YARDS," reading 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 A. Katz, H. Katz,
Reed, Mayor Conn
Negative: Councilmembers Finkel, Zane
Absent: Councilmember Jennings
6-D: CONDOMINIUM/427 CALIFORNIA AVENUE: Presented was the
matter of a resolution approving Final Parcel Map 18222 for a
condominium at 427 California Avenue. Mayor Conn noted the
correction that the staff report should read a 3-unit condominium
and moved to adopt Resolution No. 7593(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 18222,"
thereby approving Final Parcel Map 18222 for a 3 unit condominium
at 427 California Avenue. Second by Councilmember Finkel. The
motion was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
6-L: CITYWIDE TRAFFIC STUDY: Presented was the matter of the
recommendation to authorize the City Manager to negotiate and
execute a contract with Crain & Associates to conduct a Citywide
traffic study. Discussion was held. Mayor Pro Tempore H. Katz
moved to approve the staff recommendation, thereby authorizing
the City Manager to negotiate and execute Contract No. 5093(CCS)
with Crain & Associates in an amount not to exceed $210,000.
Second by Councilmember Finkel. The motion was approved by the
following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and public hearing on the assessments of costs to repair
damaged sidewalks, driveways and curbs (SR-88-108). The public
hearing was declared opened. There being no one wishing to
speak, the public hearing was declared closed. Councilmember
Reed moved to note the absence of any protests and adopt
Resolution No. 7600(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-88-108)," reading by title only and
waiving further reading thereof. Second by Councilmember Finkel.
The motion was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
7-B: VACATION/PORTION OF DEWEY STREET: Presented was a staff
report and public hearing on the vacation of a portion of Dewey
Street located between 4th Court and 5th Street. Discussion was
held. The public hearing was declared opened. There being no
one wishing to speak, the public hearing was declared closed.
Councilmember A. Katz moved to note the absence of any protests
and adopt Resolution No. 7601(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE
VACATION OF A PORTION OF DEWEY STREET BETWEEN FOURTH COURT AND
FIFTH STREET IN THE CITY OF SANTA MONICA, CALIFORNIA," reading 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: Unanimously approved 6-0
Absent: Councilmember Jennings
8-A: FALSE ALARM FEES: Presented was a staff report
transmitting an ordinance for introduction and first reading
amending Municipal Code Section 3964 to increase false alarm
fees. Discussion was held. The public hearing was declared
opened. There being no one wishing to speak, the public hearing
was declared closed. Mayor Pro Tempore H. Katz moved to
introduce for first reading an ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION
3964 OF THE SANTA MONICA MUNICIPAL CODE TO INCREASE FALSE ALARM
FEES," reading by title only and waiving further reading thereof.
Second by Councilmember A. Katz. Discussion was held. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers A. Katz, H. Katz,
Reed, Mayor Conn
Negative: Councilmembers Finkel, Zane
Absent: Councilmember Jennings
8-B: GENERAL SERVICES FIELD INSPECTION AND PLAN CHECK FEE:
Presented was a staff report transmitting an ordinance for
introduction and first reading amending Municipal Code Section
7163 to establish a General Services Field Inspection and Plan
Check Fee by resolution. Discussion was held. The public
hearing was declared opened. There being no one wishing to
speak, the public hearing was declared closed. Mayor Pro Tempore
H. Katz moved to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTION 7163 OF THE SANTA MONICA MUNICIPAL CODE
TO ESTABLISH A GENERAL SERVICES FIELD INSPECTION AND PLAN CHECK
FEE BY RESOLUTION," reading by title only and waiving further
reading thereof, including in the motion direction to change
Section 7163(b) from "Prior to acceptance..." to "Prior to
acceptance or concurrent with filing for other permits...,"
leaving the wording to the City Attorney. Second by
Councilmember Finkel. The maker and second amended the motion to
incorporate the City Attorney's suggestion that the change be
effected by adding a new sentence reading, "The filing of plans
pursuant to this Section may be concurrent with other plans filed
with the City." The motion was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
8-C: CONSTRUCTION AND DEMOLITION FEES: Presented was a staff
report transmitting an ordinance for introduction and first
reading amending Municipal Code Sections 4313 and 4314 regarding
construction and demolition fees. The public hearing was
declared opened. There being no one wishing to speak, the public
hearing was declared closed. Mayor Pro Tempore H. Katz moved to
introduce for first reading an ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS
4313 AND 4314 OF THE SANTA MONICA MUNICIPAL CODE TO INCREASE
CERTAIN FEES," reading by title only and waiving further reading
thereof. Second by Councilmember A. Katz. The motion was
approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
11-A: VISUAL APPROACH SLOPE INDICATOR/RUNWAY 3: Presented was a
staff report recommending adoption of a resolution authorizing
the City Manager to execute a lease with the Federal Aviation
Administration for installation of a Visual Approach Slope
Indicator on Runway 3 at the Airport. Mayor Pro Tempore H. Katz
moved to adopt Resolution 7602(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE LEASE NO. DTFA08-88-L-12146 (# 5094 CCS) WITH
THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION TO
PERMIT INSTALLATION OF A VISUAL APPROACH SLOPE INDICATOR (VASI)
ON RUNWAY 3 AT SANTA MONICA AIRPORT," reading by title only and
waiving further reading thereof, approving Contract No.
5094(CCS). Second by Councilmember Reed. Councilmember Reed
noted for the record that the lease expires in 2008. The motion
was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
11-B: PICO KENTER STORM DRAIN/FINAL EIR: Presented was a staff
report recommending adoption of a resolution certifying the Pico
Kenter Storm Improvement Program Final Environmental Impact
Report. Member of the public Wayne Hall expressed concern that
the EIR was not comprehensive enough and on the effects of the
toxics on students at the high school; Joy Fullmer expressed
support but was concerned that the work should proceed faster;
Don Lewin Nelson expressed support and suggested possible
mitigation measures and a more effective education program.
Mayor Pro Tempore H. Katz moved to adopt Resolution No. 7603(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE
PICO-KENTER STORM DRAIN IMPROVEMENT PROGRAM," reading by title
only and waiving further reading thereof, thereby certifying that
the Final Environmental Impact Report has been prepared in
compliance with State and City CEQA guidelines, that there is
sufficient data to support a finding that the project will not
have a significant effect on the environment, and that the City
Council has considered the contents of the environmental
analysis. Second by Councilmember Zane. Discussion was held.
The motion was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
11-C: REPLACEMENT HOUSING/1616 AND 1642 OCEAN: Presented was a
staff report recommending authorization of the development of a
Replacement Housing Plan to replace 28 rental housing units at
1616 and 1642 Ocean Avenue, secure a removal permit from the Rent
Control Board, and designate 1-15 Bay Street as the site for
replacement housing. Discussion was held. Member of the public
Joy Fullmer spoke in favor of the project and suggested that the
building at 1616 Ocean Avenue be moved to save costs and that the
rents be raised. Councilmember Zane moved to approve the staff
recommendation, thereby (1) approving in concept the replacement
of the twenty-eight rental units at 1616 and 1642 Ocean Avenue,
and authorize staff to develop a Replacement Housing Plan for the
units; (2) designating the City-owned property at 1-15 Bay
Street as the site for the replacement housing; (3) authorizing
staff to apply to the Rent Control Board for a removal permit for
the rental units at 1616 and 1642 Ocean Avenue; and (4) directing
the City Attorney's Office to work with Community and Economic
Development staff to resolve remaining legal issues involved with
the Replacement Housing Project, including in the motion
direction to staff to advise Council of the possibility of
whether either or both buildings are able to be moved to another
location. Second by Mayor Pro Tempore H. Katz. At the request
of Councilmember Reed, the maker and second amended the motion to
include authorization for the City Manager to pursue discussion
with the Pritikin Center and all other nearby and affected
neighbors in reviewing alternatives for the replacement housing.
With the consent of the second, the maker included in the motion
direction to staff to be cognizant of the concerns regarding the
gas tax fund with respect to this project (the obligation to
purchase the real property from the gasoline tax fund).
Discussion was held. The motion, as amended, was approved by the
following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
11-D: CLOSED SESSION: Held later in the evening.
13-A: CITY CHARTER ENFORCEMENT: Presented was the request of
John Jurenka to discuss enforcement of the City Charter. John
Jurenka questioned who is responsible for the enforcement of the
City Charter, particularly with regard to Section 1805(b)
regarding utility tax increases. No action was taken.
14-A: SMOKING/AA MEETINGS: Presented was the request of Mayor
Conn to discuss smoking at AA meetings at Memorial Park. Mayor
Conn opened discussion. The item was continued to later in the
evening to allow staff to research the provision of the relevant
ordinances (see continuation after Item 14-D).
14-B: DEVELOPMENT POLICY: Presented was the request of
Councilmember Zane to discuss new ideas in development policy.
Councilmember Zane opened discussion. Mayor Pro Tempore H. Katz
moved to direct staff to evaluate the proposal presented to
Council by Councilmember Zane and hold an early Council meeting
on April 26, 1988, for the purpose of discussing the concept.
Second by Councilmember Finkel. The motion was unanimously
approved, Councilmember Jennings absent.
14-C: STATE ASSISTANCE/RENT CONTROLLED CITIES: Presented was
the request of Councilmember Finkel to discuss opposition to AB
4429 which prohibits state agencies from making assistance
available to cities or counties with rent control measures.
Councilmember Finkel opened discussion and moved to request that
the Council go on record as being opposed to AB 4429 and instruct
the Mayor to write a letter to the appropriate members of the
committee hearing the matter, setting forth the essence of
Council's opposition to the bill. Second by Councilmember Zane.
The motion was unanimously approved, Councilmember Jennings
absent.
14-D: INTERIM ZONING ORDINANCE: The request of Councilmember A.
Katz to discuss new directions to staff concerning the Interim
Zoning Ordinance was withdrawn by Councilmember A. Katz.
14-A: SMOKING/AA MEETINGS (continued): Upon advisement by the
City Attorney that under the smoking ordinance, smoking would not
be permitted in the meeting room at Memorial Park, Mayor Conn
indicated his intention to let the ordinance stand as is. No
action was taken.
11-D: 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 9:55 p.m., Council adjourned to Closed
Session to consider the following cases: Burke & Golden v. City
of Santa Monica, Santa Monica Superior Court Case No. WEC 077
521; C. Moore v. City of Santa Monica, Los Angeles Superior Court
Case No. C 444 384; and Tiffany v. City of Santa Monica, Santa
Monica Superior Court Case No. WEC 080 963. At 10:02 p.m.,
Council reconvened with four members present, Councilmembers
Jennings, A. Katz, and Zane absent. Councilmember Finkel moved
to approve settlements in the following cases: Burke & Golden,
$100,000; C. Moore, $100,000; and Tiffany, a binding arbitration
award of $36,074.67. Second by Councilmember Reed. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz,
Reed, Mayor Conn
Absent: Councilmembers Jennings, H. Katz,
Zane