CITY OF SANTA MONICA
CITY COUNCIL MEETING 05/10/88
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.
5-A: PROGRAM 12/HOUSING ELEMENT: Presented was the matter of an
ordinance for introduction and first reading adding Chapter 4A to
Article IX of the Municipal Code implementing Program 12 of the
Housing Element, continued from April 26, 1988. Councilmember
Reed moved to defer action on the matter for two weeks (to May
24, 1988) in order that the City Attorney may provide Council
with more specific recommendations, and that it be agendized in
the same place on the agenda, Item 5-A. Second by Councilmember
Jennings. Discussion was held. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
Reed, Zane, Mayor Conn
Negative: Councilmember Finkel
Absent: Mayor Pro Tempore H. Katz
Councilmember Finkel moved that the matter be set for a date
certain, other than the date originally requested. The motion
died for lack of a second. Councilmember Zane moved to
reconsider. Second by Councilmember Finkel. Discussion was
held. Councilmember Zane moved an amendment to the motion to
continue the item to June 14, 1988. Second by Councilmember
Finkel. The motion was unanimously approved.
6-A: MINUTES APPROVAL: The minutes of the City Council meetings
of April 19 and April 26, 1988, were approved as written.
6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7611(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-88-112)"
was adopted, thereby setting a public hearing for June 14, 1988.
6-D: FINAL TRACT MAP 45570/2203 OCEAN AVENUE: Resolution No.
7612(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF
TRACT NO. 45570" was adopted, thereby approving the final map for
a 10-unit condominium project at 2203 Ocean Avenue.
6-E: PHYSICALLY HANDICAPPED ZONE/2725 6TH STREET: Resolution
No. 7613(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 2725 6TH STREET" was adopted.
6-F: SENIOR NUTRITION AND RECREATION PROGRAM: Resolution No.
7614(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND
THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY
PERSONS," was adopted, thereby authorizing the submittal of a
proposal to the Los Angeles County Area Agency for funding in the
amount of $129,129 and authorizing the City Manager to negotiate
and execute a contract for provision of services to the elderly
through the City's Senior Nutrition and Recreation Program.
6-H: CIVIC AUDITORIUM CHECKING ACCOUNT: Resolution No.
7616(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT AND USE BY THE
CIVIC AUDITORIUM OF THE CITY OF SANTA MONICA OF A CHECKING
ACCOUNT IN THE NAME OF AUDITORIUM BOX OFFICE TRUST ACCOUNT WITH
FIRST INTERSTATE BANK" was adopted, thereby revising the
authorized use of the Civic Auditorium Box Office Trust Account.
6-I: PROPOSITION 71/GANN LIMIT: A recommendation that the City
Council consider a motion to support and endorse State
Proposition 71 on the June 1988 ballot concerning modifying the
State and Local Government Spending Limitation (Gann Limit) was
approved.
6-J: REFUSE COLLECTION/RECYCLING ACTIVITIES: A recommendation
to direct the City Attorney to update Sections 5200 through 5233E
of the Santa Monica Municipal Code to reflect changes in the
City's refuse collection and recycling activities was approved.
6-K: FY 1988-89 BUDGET STUDY SESSION/PUBLIC HEARING: A
recommendation to set Tuesday, May 31, and Wednesday, June 1, as
Budget Study Sessions for consideration of the FY 1988-89
Proposed Budget, and Tuesday, June 21, as the Budget Public
Hearing date, was approved.
END OF CONSENT CALENDAR
6-B: INTERIM DEVELOPMENT STANDARDS: Presented was a staff
report transmitting an ordinance for adoption and second reading
establishing interim height limits, allowable floor area ratios,
and property development standards pending adoption of the Draft
Comprehensive Land Use and Zoning Ordinance, introduced April 26,
1988. Discussion was held. Councilmember Zane moved to approve
Ordinance No. 1441(CCS) 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 Reed. The motion was
approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Mayor Pro Tempore H. Katz
Councilmember Zane moved to direct staff to bring back an
amendment to the interim zoning ordinance incorporating the
development standards provided for in the Bayside District
Specific Plan Area. Second by Councilmember Finkel. Discussion
was held. The motion was unanimously approved, Mayor Pro Tempore
H. Katz absent.
Councilmember Zane moved to direct staff to bring back an
amendment to the interim zoning ordinance incorporating the
Council's adopted policy with respect to counting housing at 50%
of its FAR in the areas of downtown specified in the Zoning Code.
Second by Councilmember Finkel. The motion was unanimously
approved, Mayor Pro Tempore H. Katz absent.
Councilmember Reed moved to direct staff to make the change in
the interim ordinance which pulls 5th Street between Wilshire
Boulevard and Colorado back into the C3C limits with regard to
height, feet, etc., and cancel the specific designation that was
included in the interim ordinance. Second by Councilmember A.
Katz. Discussion was held. Councilmember Zane moved to amend
the motion with respect to 5th Street, that the site review
thresholds above the as-of-right FAR standard not be implemented
in the interim ordinance until after the new criteria and
procedure for site review processing are implemented by Council.
The amendment was accepted as friendly by the maker and second
and incorporated into the main motion. The motion was
unanimously approved, Mayor Pro Tempore H. Katz absent.
6-G: SALARY RATE/UNDERGROUND UTILITY LOCATOR: Presented was a
staff report transmitting a resolution upgrading the salary of
the Underground Utilities Locator. Mayor Conn moved to adopt
Resolution No. 7615(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR
THE CLASSIFICATION OF UNDERGROUND UTILITY LOCATOR," 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 6-0
Absent: Mayor Pro Tempore H. Katz
7-A: TREE ASSESSMENT DISTRICT/WILSHIRE BOULEVARD: Presented was
a staff report and public hearing on a tree assessment district
for Wilshire Boulevard between Ocean Avenue and 21st Street. The
public hearing was declared opened. There being no one wishing
to speak, the public hearing was declared closed. Discussion was
held. Councilmember Zane moved to acknowledge any protests and
adopt Resolution No. 7617(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE PLANTING OF
TREES ON WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND 21ST STREET
WITHIN THE CITY OF SANTA MONICA," 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: Mayor Pro Tempore H. Katz
7-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and public hearing on the assessment of costs to repair
damaged sidewalks, driveways, and curbs at various locations
(SR-88-110). The public hearing was declared opened. There
being no one wishing to speak, the public hearing was declared
closed. Councilmember Finkel moved to acknowledge any protests
and adopt Resolution No. 7618(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-88-110)," 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 6-0
Absent: Mayor Pro Tempore H. Katz
8-A: DEVELOPMENT AGREEMENT/NATIONAL MEDICAL ENTERPRISES/2600
C0L0RADO AVENUE: Presented was a staff report transmitting an
ordinance for introduction and first reading to amend the
development agreement with National Medical Enterprises for a
project located at 2600 Colorado Avenue. Discussion was held.
The public hearing was declared opened. Irene Zivi, Ellen
Khokha, and Christi Sulzbach spoke in support of the staff
recommendation. Donald Lewin Nelson expressed concerns regarding
the provisions for the day care center. There being no one else
wishing to speak, the public hearing was declared closed.
Discussion was held. Councilmember Reed moved to introduce for
first reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE THIRD AMENDMENT
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA AND
NATIONAL MEDICAL ENTERPRISES, INC.," 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: Mayor Pro Tempore H. Katz
8-B: VENDING: Presented was a staff report transmitting an
ordinance for introduction and first reading adding Chapter 2C to
Article VI of the Municipal Code, adding Section 3611C to the
Municipal Code, amending Section 3376 of the Municipal Code, and
repealing Sections 3336, 3381, 4300, 5121, 6233A, 6233B, 6233C,
and 6233D of the Municipal Code relating to vending. Discussion
was held. The public hearing was declared opened. John Weaver
and Avi Eliav spoke in support of allowing vending on the beach.
Tom Carroll spoke in favor of vending in the area covered by the
Bayside District Corporation. Benning Richardson expressed
concerns regarding limiting vending to certain areas and
suggested possible amendments to the proposed ordinance. There
being no one else wishing to speak, the public hearing was
declared closed. Discussion was held. Councilmember Finkel
moved to direct staff to take a fresh look at what the
appropriate relationship ought to be between any kind of vending
and parks, and to return to Council with appropriate
recommendations regarding vending in parks, referring
specifically to the recreational parks. Second by Councilmember
Zane. During discussion, the maker and second included in the
motion Councilmember Reed's suggestion that notification be made
to residents who live near the parks, if the City contemplates
allowing this activity in the parks. The motion, as amended, was
unanimously approved, Mayor Pro Tempore H. Katz absent.
Councilmember Finkel moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 2C TO ARTICLE VI OF THE SANTA
MONICA MUNICIPAL CODE, ADDING SECTION 3611C TO THE SANTA MONICA
MUNICIPAL CODE, AMENDING SECTION 3376 OF THE SANTA MONICA
MUNICIPAL CODE, AND REPEALING SECTIONS 3336, 3381, 4300, 5121,
6232, 6233A, 6233B, 6233C, AND 6233D OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO VENDING," reading by title only and
waiving further reading thereof. Second by Councilmember A.
Katz.
Councilmember Finkel moved an amendment to direct the City
Attorney to develop appropriate language to amend the pertinent
provisions of the vending ordinance to address the issue of
franchising, so that vendors, other than in the context of the
3rd Street Promenade, will be individuals only, rather than
larger operations. Discussion was held. The motion died for
lack of a second.
Councilmember Zane moved a substitute motion to introduce for
first reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3611C TO THE
SANTA MONICA MUNICIPAL CODE RELATING TO VENDING," reading by
title only and waiving further reading thereof, making the
following changes to the ordinance introduced by the prior
motion: delete Section 1; change Section 2 to Section 1; delete
Sections 3 and 4; and change Sections 5, 6, and 7 to Sections 3,
4, and 5, respectively. Second by Councilmember Reed.
Discussion was held. The substitute motion was approved by the
following vote:
Council vote: Unanimously approved, 6-0
Absent: Mayor Pro Tempore H. Katz
Councilmember Zane moved to direct staff to develop performance
standards, a selection criteria, and limitation of number that is
based upon congestion concerns, for the issuance of vending
permits on 2nd and 4th Streets between Wilshire Boulevard and
Colorado Avenue, on both sides of the street; that the
application process be an open process; and that staff address
the issue of franchises versus individuals in the selection
criteria. Second by Councilmember Finkel. Discussion was held.
With no objection from the second, the maker amended the motion,
at the suggestion of Councilmember Jennings, to delete the
language regarding franchises with respect to 2nd and 4th
Streets. Councilmember Jennings moved to amend the motion to
include that the design standards for the pushcarts be compatible
with, or the same as, those that will be used on the 3rd Street
Promenade, that vendors be assessed a 10% of gross fee, as a
special business license fee, that the pushcarts have cash
registers that give receipts, and that uniforms be consistent
with the standards of the 3rd Street Promenade. The motion died
for lack of a second. Discussion was held. The motion, as
amended, was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, Reed, Zane.
Negative: Mayor Conn
Absent: Mayor Pro Tempore H. Katz
Councilmember Zane moved to direct staff to develop performance
standards and a criteria based upon public safety and congestion
for limiting the number of vendors in Palisades Park, south of
the California incline. Second by Councilmember Reed. The
motion was approved by a vote of 5-1, Councilmember Reed opposed,
Mayor Pro Tempore H. Katz absent.
Councilmember Reed requested the record to reflect that she does
not think that Palisades Park is an appropriate place for this
activity.
Councilmember Zane moved to direct staff to evaluate a pilot
program for a limited number of vendors in other areas of the
downtown; that staff recommend where, if anywhere, in other areas
of the downtown that this might be appropriate; with staff to
recommend limitations and a selection procedure in the context of
a pilot program. Second by Councilmember Finkel. The maker
accepted as friendly Councilmember Finkel's amendment to the
motion that it be made subject to a determination by the City
Attorney that appropriate findings can be made to justify having
a vending program in the downtown in this restrictive fashion, in
terms of numbers of people, adding that staff, in developing the
program, consult with affected parties in the community. For
purposes of this motion, "downtown" was clarified as west of
Lincoln, between Wilshire and Colorado. The motion was approved
by a vote of 5-1, Mayor Conn opposed, Mayor Pro Tempore H. Katz
absent.
Councilmember Reed moved to direct staff to return with an
ordinance that would extend the existing vending moratorium in
places other than the 3rd Street Promenade through December 31,
1988, exempting ice cream trucks operating outside of the
downtown area and catering trucks that are vending at
construction and job sites, provided that both kinds of vending
trucks have the appropriate business licenses, and that Palisades
Park is included in the moratorium unless and until the Council
adopts a program with respect to vending in the park. Second by
Mayor Conn. Discussion was held. The motion was approved by a
vote of 5-1, Councilmember Finkel opposed, Mayor Pro Tempore H.
Katz absent.
Councilmember Finkel moved to extend the meeting beyond 11:00
p.m. Second by Councilmember Zane. The motion was unanimously
approved, Mayor Pro Tempore H. Katz absent.
Councilmember Zane moved to direct the City Attorney, in
conjunction with the City Manager and Recreation and Parks
Department, to draft an appropriate ordinance to permit
non-charging performers to perform, with certain restrictions
concerning public safety and congestion, in the commercial areas
and parks throughout the City. Second by Councilmember Finkel.
Discussion was held. The motion was unanimously approved, Mayor
Pro Tempore H. Katz absent.
(Councilmember Zane left the dais.)
11-A: PREFERENTIAL PARKING ZONES: Presented was a staff report
recommending approval of preferential parking zones for 30th
Street between Ocean Park Boulevard and Pearl Street and for the
area bounded by Pico, 3rd Street, Strand and Main. Mayor Conn
withdrew from the discussion and vote on this item due to a
possible conflict of interest. Discussion was held.
Councilmember Reed moved to approve the staff recommendation,
thereby (1) directing the City Attorney to prepare an ordinance
to amend Ordinance No. 1362(CCS) regarding Preferential Parking
Zone H, to add 30th Street between Pearl Street and Ocean Park
Boulevard, and to prepare an ordinance to establish a new
preferential parking district in the area bounded by 3rd Street,
Strand Street, Neilson Way and Pico Boulevard, including 3rd
Street; and (2) directing the Planning staff to prepare an
initial study and negative declaration for the amended and
proposed zones, adding that staff ensure that commercial tenants
on Main Street and Ocean Park Boulevard are notified. Second by
Councilmember Finkel. The motion was approved by the following
vote:
Council vote: Unanimously approved 4-0
Absent: Councilmembers H. Katz, Zane, and Mayor Conn
(Mayor Conn returned to the dais.)
11-B: GENERAL SERVICES DEPARTMENT FEES: Presented was a staff
report recommending adoption of a resolution setting various
General Services Department fees. Councilmember Reed moved to
adopt Resolution No. 7619(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING GENERAL SERVICES
DEPARTMENT FEES," 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 5-0
Absent: Councilmembers H. Katz, Zane
11-D: CLOSED SESSION: Held later in the evening.
12-A: DEVELOPMENT REVIEW/1826 14TH STREET: Presented was the
matter of an appeal of the Planning Commisson denial of
Development Review Permit 407, at 1826 14th Street for conversion
of 8 residential units into commercial offices (Applicant:
Dorothy Burreson. Appellant: Christopher Harding).
Councilmember Finkel moved to open the public hearing and
continue the item to May 17, 1988. Second by Councilmember Reed.
The motion was unanimously approved, Mayor Pro Tempore H. Katz
absent.
(Councilmember Zane returned to the dais.)
12-B: DEVELOPMENT REVIEW/708 PICO BOULEVARD: Presented was an
appeal of the Planning Commission denial of Conditional Use
Permit 493 and Development Review 419, to develop a 5,474 square
foot commercial building at 708 Pico Boulevard
(Applicant/Appellant: Simon Saberi). Discussion was held.
Bruce Bornemann spoke on behalf of the applicant/appellant.
Member of the public Henry Custis spoke in opposition to the
proposed development; Billie Sorrel spoke in support. Discussion
was held. Mayor Conn moved to approve the staff recommendation,
thereby upholding the decision of the Planning Commission and
denying Conditional Use Permit 493 and Development Review 419
with the findings per Ordinance 1321(CCS), included in the staff
report dated May 10, 1988. Second by Councilmember Jennings.
The motion was approved by the following vote:
Council vote: Unanimously approved, 6-0
Absent: Mayor Pro Tempore H. Katz
Councilmember A. Katz moved to direct staff to consider various
alternatives for this particular lot, either by remapping or
reconfiguring. Second by Councilmember Finkel. With no
objection from the second, the maker included in the motion
Councilmember Zane's suggestion that staff consider whether some
of 7th Street might be made available to help assure residential
development in the residentially zoned property. Discussion was
held. The motion was unanimously approved, Mayor Pro Tempore H.
Katz absent.
13-A: COLLEGE PARKING/NORTH OF PICO: Presented was the request
of Velma Latimore to address Council regarding parking north of
Pico Boulevard. Ms. Latimore spoke to express the concerns of
area residents regarding parking north of Pico Boulevard in the
vicinity of Santa Monica College. Discussion was held. Council
suggested that Ms. Latimore return when the issue of parking in
the college area comes back before Council, beginning at the City
Council meeting of May 17, 1988.
14-A: HOUSING COMMISSION: Presented was the matter of the
appointment of a member to the Housing Commission. Councilmember
Reed moved to nominate Seymour Morrow to fill a vacancy on the
Housing Commission for a term ending June 30, 1990. Second by
Councilmember Zane. Discussion was held. Councilmember A. Katz
moved a substitute motion to table the matter and consider this
appointment during the annual June appointment process. Second
by Councilmember Finkel. The motion was unanimously approved
6-0, Mayor Pro Tempore H. Katz absent.
14-B: LANDMARKS COMMISSION: Presented was the matter of the
appointment of a member to the Landmarks Commission.
Councilmember Reed moved to nominate Dan Freund to fill the
vacancy for a registered architect on the Landmarks Commission
for a term ending June 30, 1990. Discussion was held.
Councilmember Reed moved to elect Mr. Freund by unanimous
consent. The motion was duly seconded and unanimously approved,
Mayor Pro Tempore H. Katz absent.
14-C: ARTS COMMISSION: Presented was the matter of acceptance
of a letter of resignation of Jane Ullman from the Arts
Commission. Mayor Conn moved to accept the resignation with
regret. Second by Councilmember Finkel. The motion was
unanimously approved, Mayor Pro Tempore H. Katz absent.
14-D: WORKING GROUP ON GANGS: Presented was the request of
Councilmember A. Katz to discuss consideration of a working group
on gangs. Councilmember A. Katz opened discussion and moved to
direct staff to evaluate the adequacy of existing Police
resources to deal with gangs and drugs in Santa Monica and, if
necessary, to make recommendations for augmentation of the Police
force in the course of the 1988-89 budget cycle, and to direct
the City Manager to investigate and make recommendations on the
establishment of a working group on gangs and drugs, such group
to include representatives from the social service agencies,
neighborhood organizations, the courts, police, City Attorney,
District Attorney's office, schools, business community, and the
City government. Second by Councilmember Finkel. The motion was
unanimously approved, Mayor Pro Tempore H. Katz absent.
14-E: FILM PERMITS: Presented was the request of Councilmember
Reed to discuss opposition to Assembly Bill 4680 regarding
restrictions on film permits. Councilmember Reed opened
discussion and moved to oppose AB 4680 and communicate with the
relevant legislative committees, including direction to the
City's lobbyist to work with SCAG and the League of California
Cities to oppose this bill and give the regional effort for a
"one stop permit" process a chance to work. Second by
Councilmember Finkel. The motion was unanimously approved, Mayor
Pro Tempore H. Katz 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 12:00 a.m., Council adjourned to
Closed Session to consider the following case: Sloane v. Sonnya
Hartfield & City, et al., Santa Monica Superior Court Case No.
WEC 088 949. At 12:14 a.m., Council reconvened with six members
present, Mayor Pro Tempore H. Katz absent. Mayor Conn announced
that no action was taken.