CITY OF SANTA MONICA
CITY COUNCIL MEETING 04/26/88
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: OLDER AMERICANS MONTH: Mayor Conn presented a proclamation
declaring the month of May as "Older Americans Month" to Florence
Cardine, Chairperson of the Santa Monica Commission on Older
Americans.
CITY COUNCIL AND PARKING AUTHORITY SPECIAL MEETING
A special joint meeting of the City Council and Parking Authority
was called to order by Mayor Conn at 8:00 p.m.
Roll Call: Present: Chairperson James P. Conn
Chairperson Pro Tempore Herbert Katz
Authority Member David B. Finkel
Authority Member William H. Jennings
Authority Member Alan S. Katz
Authority Member Christine E. Reed
Authority Member Dennis Zane
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
PA-1: MINUTES APPROVAL: Presented were the minutes of Parking
Authority meetings held February 9, and February 16, 1988.
Authority Member Reed moved to approve the minutes as presented.
Second by Chairperson Pro Tempore H. Katz. The motion was
unanimously approved.
CC/PA-2: MIXED USE PROJECT/1423 2ND STREET: Presented was a
recommendation to approve in concept the development of a
mixed-use project over the surface parking lot at 1423 2nd
Street, authorize the City Manager to review and approve the
project financing, and designate Community Corporation as the
project developer. Discussion was held. Members of the public
Maggie Hall, Neal Richmond, Tom Carroll, Vivien Rothstein, Paul
DeSantis, Irene Zive, Rafigh Pooya, Tony Vasquez, Vito Cetta,
Edward Landler, and Bill Janss spoke in support of the project.
Discussion was held. Councilmember Zane moved to approve the
staff recommendation on behalf of the City Council, thereby
approving in concept the project at 1423 Second Street to be
developed according to development criteria recommended in the
staff report dated April 26, 1988, and authorizing the City
Manager to review and commit the use of CHARP (Citywide Housing
Acquisition and Rehabilitation Program) funds in accordance with
City Council approved Program Guidelines, and designating
Community Corporation of Santa Monica as developer of the
project. Second by Councilmember A. Katz. Discussion was held.
Mayor Pro Tempore H. Katz moved to amend the motion to include
direction to staff to study providing parking for the project
on-site while still maintaining the same number of housing units
proposed in the development project. The amendment was accepted
as friendly by the maker and second of the motion. Discussion
was held. Councilmember Jennings moved to amend the motion to
delete the seven units that would be renting at $722 per month
and have all 28 units at the lower rent of $295 per month, with
the City adding in the necessary additional subsidy. Second by
Councilmember Reed. The amendment was accepted as friendly by
the maker and second of the motion. Councilmember Reed moved to
amend the motion to indicate that it is a requirement that the 26
parking spaces be maintained on-site, in whatever way that the
staff wishes to determine. The motion died for lack of a second.
The main motion, as amended, was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
Councilmember Reed requested that the record reflect her negative
vote is because this project does not contemplate the maintenance
of the 26 parking spaces on the Parking Authority site.
Authority Member A. Katz moved to approve the staff
recommendation on behalf of the Parking Authority, as amended to
coincide with the motion passed by the City Council. Second by
Authority Member Finkel. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Authority Members Finkel, Jennings,
A. Katz, H. Katz, Zane, Chairperson
Conn
Negative: Authority Member Reed
Authority Member Reed requested that the record reflect her
negative vote is for the reason cited previously.
6-A, 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, Reed, Mayor Conn
Absent: Councilmember Zane
6-B: FIELD INSPECTION/PLAN CHECK FEE: Ordinance No. 1438(CCS)
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" was adopted, having been introduced April 12,
1988.
6-C: CONSTRUCTION AND DEMOLITION FEES: Ordinance No. 1439(CCS)
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" was adopted, having been
introduced April 12, 1988.
6-D: COLORADO AVENUE IMPROVEMENTS: Resolution No. 7604(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING SUPPLEMENT NO. 10 TO THE LOCAL AGENCY/STATE
AGREEMENT NO. 07-5107 FOR FEDERAL-AID FUNDS FOR COLORADO AVENUE
IMPROVEMENTS FROM 14TH STREET TO 20TH STREET" was adopted.
6-E: CONDOMINIUM/1121 21ST STREET: Resolution No. 7605(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO.
18042" was adopted, thereby approving Final Tract Map 18042 for a
4-unit condominium at 1121 21st Street.
6-F: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7606(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-88-111)"
was adopted, thereby setting a public hearing for May 24, 1988,
on the assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets.
6-G: PLANNING, ZONING AND LAND USE FEES: Resolution No.
7607(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING PLANNING, ZONING AND LAND USE FEES"
was adopted.
6-H: RENTAL HOUSING CODE ENFORCEMENT: A recommendation to
receive the Annual Report on Compliance with California Revenue
and Taxation Code Section 17274 regarding rental housing code
enforcement for calendar year 1987 was approved.
6-I: OLDER ADULTS MATERIALS COLLECTION DEVELOPMENT PROGRAM: A
recommendation for additional appropriation authority in the
amount of $5,000 for Library participation in the Older Adults
Materials Collection Development program, was approved, thereby
approving $5,000 of appropriation authority at account
#01-410-614-203-404, establishing revenue account
#20-932-353-000-000 in the amount of $5,000, and approving
technical appropriation changes of $5,000 at #20-700-695-000-756
and ($5,000) at #01-700-695-000-756.
6-J: SULLY MILLER/COLORADO AVENUE IMPROVEMENTS: Contract No.
5096(CCS) was awarded to Sully Miller Contracting Company in the
amount of $679,007.82 for improvements to Colorado Avenue between
14th and 20th Streets, and the City Engineer was authorized to
issue any change orders necessary to complete additional work to
the extent of funds available in accordance with the
Administrative Instruction on Change Orders.
END OF CONSENT CALENDAR
(Councilmember Zane returned to the dias.)
6-A: MINUTES APPROVAL: Presented for consideration were the
City Council Minutes of April 5 and April 12, 1988. Mayor Pro
Tempore H. Katz moved to approve the the City Council minutes of
April 5 as corrected and those of April 12, 1987 as written.
Second by Councilmember Reed. The motion was unanimously
approved.
7-A: VACATION/PORTION OF 1ST COURT: Presented was a staff
report and public hearing on the vacation of a portion of 1st
Court located between Broadway and Colorado Avenue. The public
hearing was declared opened. Sherman Stacey spoke in support of
the staff recommendation. There being no one else wishing to
speak, the public hearing was declared closed. Mayor Pro Tempore
H. Katz moved to acknowledge any protests and adopt Resolution
No. 7608(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ORDERING THE VACATION OF A PORTION OF FIRST
COURT IN THE CITY OF SANTA MONICA, CALIFORNIA," 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: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and public hearing on assessments of costs to repair
damaged sidewalks, driveways and curbs at various locations
(SR-88-109). 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. 7609(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-88-109),"
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 7-0
8-A: INTERIM DEVELOPMENT STANDARDS: Presented was a staff
report transmitting an ordinance for introduction and first
reading establishing interim height limits, allowable floor area
ratios, and property development standards pending adoption of
the Draft Comprehensive Land Use and Zoning Ordinance.
Discussion was held. The public hearing was declared opened.
Joy Fullmer and Judy Abdo spoke in favor of the proposed
ordinance. Richard Mills requested that special consideration be
given to automobile dealerships wishing to establish an auto mall
on Olympic Boulevard. Discussion was held. 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
ESTABLISHING INTERIM HEIGHT LIMITS, ALLOWABLE FLOOR AREA RATIOS,
AND PROPERTY DEVELOPMENT STANDARDS PENDING ADOPTION OF THE DRAFT
COMPREHENSIVE LAND USE AND ZONING ORDINANCE," reading by title
only and waiving further reading thereof. Second by
Councilmember A. Katz. Mayor Pro Tempore H. Katz moved to amend
the ordinance to include a 1.25 FAR in the C5 District for an
auto dealership as a planned unit development. Second by
Councilmember Jennings. Discussion was held. Councilmember Zane
moved an amendment that this FAR would be permitted only under
circumstances where 50% of the square footage of the development
was devoted to auto dealerships being relocated from elsewhere in
Santa Monica. Second by Councilmember A. Katz. The amendment
was accepted as friendly by the maker and second of the motion.
The City Attorney stated that the wording of the amendment would
be an addition to the end of the C5 Standards reading, "1.25 FAR
for any automobile dealer park integrating more than one
dealership and if 50% or more of the square footage involves the
relocation of existing automobile dealerships in the City." The
amendment was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, H.
Katz, Reed, Mayor Conn
Negative: Councilmembers A. Katz, Zane
Councilmember Reed moved an amendment to make the following
corrections to the ordinance: Under C3, to read "6th and 7th
Streets between Santa Monica Boulevard and Colorado," and under
Civic Center, add language to indicate east side of Main Street
(between Main and 4th), 2.0 FAR. Second by Councilmember Zane.
The motion was unanimously approved.
Councilmember Zane moved an amendment in the Broadway Commercial
District to allow a 2.0 FAR if 50% of the project is residential.
Second by Councilmember Jennings. During discussion, it was
determined that this motion is a reconsideration of a policy
determination already made by Council and would more
appropriately be made in the context of amending the Draft Zoning
Ordinance. Therefore, the maker and second withdrew the motion.
Councilmember Zane moved to amend Section 2(b) to include the
triangular parcel of land located south of Pico, east of Little
Ocean Avenue, and west of Big Ocean Avenue (120 Pico Boulevard).
Second by Councilmember Finkel. The motion was accepted as
friendly by the maker and second of the main motion. Discussion
was held. The main motion, as amended, was approved by the
following vote:
Council vote: Unanimously approved 7-0
8-B: PROGRAM 12/HOUSING ELEMENT: The matter of introduction and
first reading of an ordinance adding Chapter 4A to Article IX of
the Municipal Code implementing Program 12 of the Housing element
was continued to May 10, 1988, as a "5" item.
8-C: FALSE ALARM FEES: Presented was a staff report
transmitting an ordinance for adoption and second reading
amending Municipal Code Section 3964 to increase false alarm
fees, introduced April 12, 1988. Councilmember Reed moved to
adopt Ordinance No. 1440(CCS) 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 Mayor Pro Tempore H. Katz. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz, H.
Katz, Reed, Mayor Conn
Negative: Councilmembers Finkel, Zane
Councilmember Finkel requested the record to reflect that he
believes that what is wrong with this ordinance is that it points
at the wrong target; it points at the subscriber, and not at the
alarm companies.
10-A: NAME CHANGES/SANTA MONICA MALL/THIRD STREET DEVELOPMENT
CORPORATION: Presented was a staff report recommending holding a
public hearing regarding the proposed new Santa Monica Mall
street and alley names and approval of a change of name for the
Third Street Development Corporation. Discussion was held.
Councilmember Zane moved to hear a from a member of the public.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved. Joseph Mont spoke in favor of the staff
recommendation. Mayor Pro Tempore H. Katz moved to approve the
staff recommendation, thereby directing the City Attorney to
prepare a resolution of intention to legally adopt the new Third
Street Promenade street name, and the new alley names of Second
Court and Third Court, and notify affected property owners and
tenants and set a public hearing; and to approve a change in the
corporation name, Third Street Development Corporation, to the
new name, Bayside District Corporation. Second by Councilmember
Zane. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
11-A: BEACH BIKEPATH: Presented was a staff report recommending
adoption of a resolution certifying the Final Environmental
Impact Report for extension of the beach bikepath from north of
the Pier to the northern City limits, approval of the bikepath
alignment, and direction to staff to seek a Coastal permit.
Discussion was held. Member of the public George Rosenthal spoke
in support of the proposal. Discussion was held. Mayor Pro
Tempore H. Katz moved to adopt Resolution No. 7610(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE BEACH
BIKEPATH EXTENSION," 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 7-0
Councilmember Finkel moved approval of the bikepath alignment and
direction to staff to seek a Coastal permit, adding in the motion
that the feeders that run from the parking lots near Pacific
Coast Highway to the bikepath be adjusted to prevent motor
vehicles (all power-driven vehicles) from operating on the
feeders, either by narrowing them or installing appropriate
devices. Second by Mayor Pro Tempore H. Katz. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
Councilmember Finkel moved that if for any reason the revised
alignment is not approved by the Coastal Commission, staff be
authorized to proceed with development of the alignment
previously approved by the Coastal Commission on February 10,
1987. Second by Councilmember A. Katz. The motion was approved
by the following vote:
Council vote: Unanimously approved 7-0
Councilmember Finkel moved to extend the meeting to 12:00 a.m.
Second by Councilmember Jennings. The motion was unanimously
approved.
11-B: MUNICIPAL PLUMBING CODE/ULTRA LOW-FLUSH TOILETS:
Presented was a staff report recommending that the City Attorney
be directed to prepare an ordinance amending the City's Municipal
Plumbing Code to require the use of ultra low-flush toilets in
all new construction and certain categories of building remodels
and additions. Discussion was held. Member of the public Donald
Lewin Nelson spoke in favor of the staff recommendation.
Councilmember Reed moved to direct the City Attorney to prepare
an ordinance to amend the Municipal Plumbing Code to require the
use of ultra low-flush water closets and urinals for all new
construction and certain categories of building remodels and
additions, including in the motion direction to staff to
investigate the ability of the City to retrofit the toilets and
urinals in all the public schools in the City, to be paid for
through some slight increase in the sewer user fees, with the
rate increase to be part of the budget process. Second by
Councilmember Finkel. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
11-C: CLOSED SESSION: Held later in the evening.
(Councilmember Reed left the Chambers at 11:20 p.m.)
13-A: CONSTRUCTION HOURS: Presented was the request of Jane
Irvine to address Council regarding changing construction hours.
Ms. Irvine spoke to request that permissible hours for
construction activity be reduced. Discussion was held.
Councilmember Zane moved to direct staff to return to Council
with recommendations to reduce the period of time of construction
activity, up to a two-hour reduction, and to evaluate that
reduction on weekdays, specifically in areas next to residential
districts. Second by Councilmember A. Katz. Discussion was
held. The maker and second included in the motion Councilmember
Finkel's suggestion that the evaluation include week-end hours as
well. The motion was unanimously approved, Councilmember Reed
absent.
13-B: VENDING ON BEACHES: Presented was the request of John F.
Weaver to address Council regarding obtaining a business license
to sell food and non-alcoholic beverages on the beaches. Mr.
Weaver spoke to request that licenses be provided to persons
wishing to sell food and beverages on the beaches. Discussion
was held. Council deferred this request to discuss in the
context of the overall City vending ordinance and suggested that
Mr. Weaver could return on May 10 when that ordinance will be
presented to Council.
14-A: COMMISSION ON THE STATUS OF WOMEN: Presented was the
matter of acceptance of the letter of resignation of Gloria
Drexler from the Commission on the Status of Women.
Councilmember A. Katz moved to accept the resignation with regret
and instruct the City Clerk to notice the vacancy. Second by
Mayor Pro Tempore H. Katz. The motion was amended to direct that
the vacancy be advertised as part of the normal June appointment
cycle. The motion was unanimously approved, Councilmember Reed
absent.
14-B: HOUSING COMMISSION: Presented was the matter of
acceptance of the letter of resignation of Alvin Knowles from the
Housing Commission. Mayor Pro Tempore H. Katz moved to accept
the resignation with regret and direct the City Clerk to publish
the notice of vacancy as part of the normal June appointment
cycle. Second by Councilmember Zane. The motion was unanimously
approved, Councilmember Reed absent.
14-C: INTERNATIONAL PEACE WALK: Presented was the request of
Mayor Conn to discuss cooperation with the schools in providing
space and facilities for participants in the International Peace
Walk in July. Mayor Conn opened discussion and moved to direct
staff to pursue cooperation with the schools to provide space for
the participants to pitch tents and use showers and restrooms for
three days in July. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved, Councilmember Reed absent.
14-D: WASTE TREATMENT FACILITY: Presented was the request of
Mayor Pro Tempore H. Katz to discuss an update on the possibility
of constructing our own or an alternative waste treatment
facility. Discussion was held. The City Manager indicated that
staff wil develop an information report regarding cooperative
waste treatment facilities.
14-E: FIXED-LOCATION VENDING/3RD STREET MALL: Presented was the
request of Councilmember Zane to discuss amending the Zoning Code
to permit fixed-location vending on the 3rd Street Mall.
Councilmember Zane opened discussion and moved that in connection
with the vending ordinance to be introduced on May 10, it include
any necessary change in the Zoning Ordinance to permit
fixed-location vending on the Mall in the most expeditious
manner. Second by Mayor Pro Tempore H. Katz. Discussion was
held. The motion was unanimously approved, Councilmember Reed
absent.
11-C: 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 11:56 p.m., Council adjourned to
Closed Session to consider personnel matters. At 12:14 a.m.,
Council reconvened with six members present, Councilmember Reed
absent. Mayor Conn announced that no action was taken.