CITY OF SANTA MONICA
CITY COUNCIL MEETING 08/09/88
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: EMPLOYEE SERVICE PIN: Mayor Conn presented an employee
service pin to Santa Monica Police Officer Don Raymond for 30
years of service to the City.
4-B: BOARD/COMMISSION SERVICE RECOGNITION: Mayor Conn presented
commendations for past service to David Cameron, Landmarks
Commission; Denise DuBroy, Airport Commission; Linda Evans,
Recreation and Parks Commission; Stephen Frew and Laurel Roennau,
Architectural Review Board; Donald Girard and Linda Kopperud,
Convention and Visitors Bureau; and Sister Marilyn Rudy, Social
Services Commission.
5-A: CUP 487/CONDOMINIUM/245 HOLLISTER AVENUE: Presented was an
appeal of the Planning Commission approval of Tentative Parcel
Map 19007 and Conditional Use Permit 487 for construction of a
4-unit condominium at 245 Hollister Avenue. Applicant: Barbara
Coffman & Associates. Appellant: David L. Ganezer, continued
from July 12, 1988. Mayor Conn moved to continue this item to
September 13, 1988, at the request of the appellant, noting that
any public comment at that time be confined to the lighting and
the landscape plans. Second by Councilmember Zane. The motion
was unanimously approved, Mayor Pro Tempore H. Katz and
Councilmember Reed absent.
5-B: EDGEMAR PROJECT/CUP 502/2435 MAIN STREET: Presented was an
appeal of the Planning Commission denial of Conditional Use
Permit 502 to change the operating hours of the previously
approved 75 seat restaurant at 2435 Main Street. Applicant:
Eugene & Associates, Inc. Appellant: Councilmember David
Finkel, continued from June 21, 1988. Discussion was held.
Members of the public Geraldine Moyle, Randy Wills, Steve
Spencer, David Hill, Dawn Cotter, and Curt Cotter spoke in
opposition to the extension of the restaurant hours. Janet
Gilbert requested that a sound barrier be constructed before the
restaurant be allowed to open. Claudia Spencer expressed concern
regarding the long-term effectiveness of the proposed noise
mitigation measures. Richard Hirsch, Thomas Eatherton, Abby
Sher, Lois Lambert, and Michael Gale spoke in support of the
extended restaurant hours.
Councilmember Zane moved to hear from members of the public who
submitted late requests to speak. Second by Councilmember A.
Katz. The motion was unanimously approved. T. Rhoads spoke in
support of the extended restaurant hours.
Councilmember Zane moved to approve the conditions recommended by
staff that permit the extension of the hours of the restaurant
(per the staff report dated August 9, 1988) with the following
changes to those conditions: Condition 8 amended to read: "The
operator is required to maintain the noise level of the fan on
Second Street in accord with City ordinances, but in no event
louder than the noise it generates on August 12, 1988"; and
Condition 11 be added to read: "A hedge be provided from the
north corner of the restaurant building to the north property
line at no less than 10 feet at maturity and that fills in fully,
so as to substantially block light and noise." Second by
Councilmember A. Katz. During discussion, with the consent of
the second, the maker amended the motion to revise Condition 11
to state that the hedge should be from 8 to 10 feet tall at
installation, and Condition 2 was revised to make the second
sentence read: "The north side wall shall be lowered to the
window ledge of existing residences on north side."
Councilmember A. Katz moved an amendment to the motion to revise
Condition 10 to read: "No occupancy of the restaurant shall be
allowed until the sound barrier is installed and made effective."
The amendment was accepted as friendly by the maker of the
motion. During discussion, at the suggestion of the City
Attorney and with the consent of the second, the maker of the
motion amended Condition 10 to define the measure of
effectiveness, thereby making the condition read: "...is
installed and made effective to prevent unreasonable disturbances
of surrounding residences." The motion, as amended, was approved
by the following vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed
6-A: MINUTES APPROVAL: The City Council minutes of July 26 and
July 27 were approved as written.
6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7661(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-88-117),"
was adopted, thereby setting a public hearing for September 13,
1988, on the assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets.
6-D: FINAL TRACT MAP 45618/CONDOMINIUM/1011 PACIFIC STREET:
Resolution No. 7662(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 45618," was adopted, thereby
approving Final Tract Map 45618 for a five-unit condominium at
1011 Pacific Street.
6-E: PHYSICALLY HANDICAPPED ZONE/420 ALTA AVENUE: Resolution
No. 7663(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 420 ALTA AVENUE," was adopted.
6-F: EASEMENTS/24TH STREET, PICO PLACE NORTH, DEWEY STREET:
Resolution No. 7664(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND
RECORDATION OF FOUR EASEMENTS FOR UTILITY OR STREET PURPOSES,"
was adopted, thereby authorizing the acceptance and recordation
of four easements over portions of 24th Street, Pico Place North,
and Dewey Street.
6-G: LOAN AGREEMENTS/CALTRANS/AIRPORT HANGAR COMPLEX:
Resolution No. 7665(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO
EXECUTE LOAN AGREEMENTS NO. LA-13-1-88-3 AND NO. LA-13-1-88-4
WITH THE STATE DEPARTMENT OF TRANSPORTATION DIVISION OF
AERONAUTICS TO COMPLETE CONSTRUCTION OF THE SPECIALTY/LIMITED FBO
HANGAR COMPLEX AT SANTA MONICA AIRPORT," was adopted, thereby
authorizing the City Manager to execute Contract No. 5197(CCS)
for two Loan Agreements with the State Department of
Transportation (CALTRANS) to complete construction of the
Specialty/Limited FBO hangar complex at the Santa Monica Airport.
6-H: THIRD STREET MALL/NAME CHANGE: Resolution No. 7666(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DECLARING ITS INTENTION TO CHANGE THE NAMES OF THE THIRD
STREET MALL, MALL COURT WEST, AND MALL COURT EAST," was adopted,
thereby setting a public hearing for September 13, 1988, on the
adoption of the new Third Street Promenade, Second Court, and
Third Court street names.
6-I: COUNCIL MEETING CANCELLATION: A recommendation to cancel
the City Council meeting scheduled for August 23, 1988, was
approved.
6-J: SPAYED/NEUTERED ANIMALS REBATE PROGRAM: A recommendation
that the City implement a rebate program for spayed/neutered
animals and become a member of the Coalition for Pet Population
Control was approved.
6-K: AMBULANCE/FIRE DEPARTMENT: Bid No. 2180 was awarded to
Stoner Ambulance Manufacturing in the amount of $39,319.32 to
furnish and deliver one new and unused 1987 or newer gasoline
engine van ambulance for the Fire Department.
6-L: SUPERMARINE/LEASE AGREEMENT: A recommendation to authorize
the execution of a modification to the lease agreement with
Supermarine of Santa Monica, Contract No. 4671(CCS), to
incorporate certain lender required revisions was approved.
6-M: HANDICAPPED PARKING ZONE/855 10TH STREET: Resolution No.
7667(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 855 10TH STREET," was adopted.
END OF CONSENT CALENDAR
6-B: COMPREHENSIVE LAND USE AND ZONING ORDINANCE: Presented for
second reading and adoption was an ordinance amending the Santa
Monica Municipal Code by repealing Chapter 1 of Article IX of the
Santa Monica Municipal Code and Section 9516 of the Santa Monica
Municipal Code and adding a new Chapter 1 to Article IX of the
Santa Monica Municipal Code to adopt a Comprehensive Land Use and
Zoning Ordinance, introduced July 27, 1988. Councilmember A.
Katz moved to adopt Ordinance No. 1452(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE SANTA MONICA MUNICIPAL CODE BY REPEALING CHAPTER 1
OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE AND SECTION 9516
OF THE SANTA MONICA MUNICIPAL CODE AND ADDING A NEW CHAPTER 1 TO
ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT A
COMPREHENSIVE LAND USE AND ZONING ORDINANCE," reading by title
only and waiving further reading thereof, incorporating the
changes correcting typographical errors as set forth in the
supplemental staff report dated August 9, 1988. Second by
Councilmember Finkel. The motion was approved by the following
vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed
7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and a public hearing on the assessment of costs to repair
damaged sidewalks, driveways, and curbs on various streets. 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.
7668(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-88-116)," reading by title only and waiving further
reading thereof. Second by Councilmember A. Katz. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, Mayor Conn
Absent: Mayor Pro Tempore H. Katz,
Councilmembers Reed, Zane
8-A: NOVEMBER 1988 ELECTION/LIBRARY BOND ISSUE: Presented was
an ordinance for introduction and adoption giving notice of a
proposition to incur bond indebtedness for certain Library
acquisitions and improvements to be voted upon in General
Municipal Election to be held on November 8, 1988; resolutions
calling and giving notice of the election, requesting
consolidation of the election with the County, requesting
election services from County, and authorizing certain
Councilmembers to file written arguments on the general
obligation bond issue. The public hearing was declared opened.
Joy Fullmer expressed concern regarding expansion of the library
at the expense of housing in the Downtown area. There being no
one else wishing to be heard, the public hearing was declared
closed. Discussion was held. Councilmember Jennings moved to
approve the staff recommendation with respect to the existing
resolutions. Second by Councilmember Zane. Mayor Conn moved to
amend the motion to add to the resolutions an inclusion of the
language of a proposed Charter amendment that was on the June
1988 ballot to increase the stipend to Councilmembers, with the
following changes: in (b), that instead of $700 a month for the
Mayor, it would be $400, that for City Council instead of $600
per month it would be $300, and that the language would continue
with the exception of "As follows" in the next to the last
sentence, and that all language following "or (2) ..." be
deleted. Discussion was held. The matter was continued to later
in the evening in order for the City Attorney to draft the
suggested language (continued after Item 13-A).
8-B: INTERIM DISTRICTING MAP: Presented was a staff report
transmitting an ordinance for second reading and adoption
implementing the new Comprehensive Land Use and Zoning Ordinance
by adopting the Interim Districting Map, introduced July 27,
1988. Councilmember A. Katz moved to approve the staff
recommendation, thereby adopting Ordinance No. 1454(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA IMPLEMENTING THE NEW COMPREHENSIVE LAND USE AND ZONING
ORDINANCE BY ADOPTING AN INTERIM DISTRICTING MAP," reading by
title only and waiving further reading thereof. Second by
Councilmember Finkel. Discussion was held. The motion was
approved by the following vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed
9-A: EXECUTIVE PAY PLAN: (Considered during Closed Session,
action taken at the end of the meeting.)
9-B: SANTA MONICA FIREFIGHTERS ASSOCIATION: (Considered during
Closed Session, action taken at the end of the meeting.)
11-A: HOSPITAL AREA SPECIFIC PLAN: Presented was the matter of
a recommendation to adopt a resolution approving the Hospital
Area Specific Plan, adopt a resolution of intention to rezone CA
properties to CP, and direct the Planning Commission to conduct a
public hearing on the rezonings. Councilmember Zane stepped down
from the dais during the discussion and vote on this item due to
a possible conflict of interest. Mayor Conn moved to continue
this item to September 27, 1988. Second by Councilmember A.
Katz. The motion was unanimously approved, Mayor Pro Tempore H.
Katz, Councilmembers Reed and Zane absent.
Councilmember Zane returned to the dais.
11-B: IMPROVEMENTS/BAYSIDE DISTRICT PROMENADE: Presented was a
recommendation to award a contract for improvements to the Third
Street Mall/Bayside District Promenade. Members of the public
Tony Bagheri and William Johnson protested the recommended bidder
because of possible irregularities in the acceptance of bids; Joy
Fullmer expressed concern regarding the lack of housing on the
Mall. Councilmember A. Katz moved to approve the staff
recommendation, thereby awarding Contract No. 5199(CCS) to M. H.
Golden Company in the amount of $5,277,000, with the finding that
the 30 second delay in delivering the bid was a minor
irregularity; authorize the transfer of $125,000 of appropriation
authority from account 25-760-671-000-941 to account
01-720-263-000-921; and authorize the City Engineer to issue any
change orders necessary to complete additional work to the extent
of funds available in accordance with the Administrative
Instructions for change orders. Second by Councilmember Zane.
The motion was approved by the following vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed
11-C: POLICE/FIRE DEPARTMENT FEES: Presented was a staff report
transmitting a resolution setting various Police Department and
Fire Department fees. Discussion was held. Member of the public
Joy Fullmer expressed concern regarding the proposed fees. Mayor
Conn moved to approve the staff recommendation, thereby adopting
Resolution No. 7675(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SETTING POLICE DEPARTMENT
FEES," and Resolution No. 7676(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FIRE
INSPECTION AND AMBULANCE TRANSPORT FEES," reading by title only
and waiving further reading thereof. Second by Councilmember
Jennings. The motion was approved by the following vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed
11-D: CLOSED SESSION: (Held at end of meeting.)
12-A: DEVELOPMENT REVIEW 427/1260 LINCOLN BOULEVARD: Presented
was an appeal of the Planning Commission approval of Development
Review 427, EIA 865, for a 4-story, 34,888 square-foot commercial
office building with 122 subterranean parking spaces at 1260
Lincoln Boulevard. Applicant: Segal Enterprises. Appellant:
Gerald M. Siegel/B. E. Dailey. Discussion was held. Appellant
Gerald Siegel and members of the public Joy Fullmer, Ellen
Hannan, Conrad Melilli, Jack Baptista, Yvonne Allen, Kim Hall,
Jennifer Perito, Scott Citron, and Paul Rosenstein spoke in
opposition to the proposed development. Applicant Robert Segal
spoke in support.
During the public hearing, Councilmember Zane moved to extend the
meeting past 11:00 p.m. Second by Councilmember A. Katz. The
motion was unanimously approved, Mayor Pro Tempore H. Katz and
Councilmember Reed absent.
Discussion was held. Councilmember Jennings moved to approve the
staff recommendation, thereby denying the appeal and upholding
the Planning Commission approval of the development with the
findings and conditions contained in the June 15, 1988, Planning
Commission Statement of Official Action, included with the staff
report dated August 9, 1988. Second by Councilmember Finkel.
The motion was approved by the following vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed
13-A: HUMANE DIVISION PERSONNEL: Presented was the request of
Arthur Herring to address Council regarding Humane Division
personnel, continued from July 26, 1988. Mr. Herring requested
that Council take some action against a member of the Humane
Division who he believed responsible for the death of his dog.
While Council expressed regret at this loss, it found that the
evidence presented did not warrant any action being taken.
8-A: NOVEMBER 1988 ELECTION/LIBRARY BOND ISSUE (CONTINUED):
Mayor Conn withdrew his amendment to the motion. Discussion was
held. Upon the advice of the City Attorney and with the consent
of the second, the maker amended the motion to include "in
November" in the resolution calling and giving notice of the
election [thereby reading, "...election shall be held on the
first Tuesday following the first Monday in November..."], and to
authorize Mayor Conn, Councilmember Reed, and Councilmember Alan
Katz to file written arguments regarding measures to be placed on
the ballot. The motion to adopt Resolution No. 7669(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1988";
Resolution No. 7670(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A REGULAR
MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON
NOVEMBER 8, 1988, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD
ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 23302";
Resolution No. 7671(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED
SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A
REGULAR MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
1988"; and Resolution No. 7672(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING CERTAIN
OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES TO BE
PLACED ON THE BALLOT AT THE GENERAL MUNICIPAL ELECTION ON
TUESDAY, NOVEMBER 8, 1988," as amended, reading by title only and
waiving further reading thereof, was approved by the following
vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed
Councilmember A. Katz moved to introduce and adopt Ordinance No.
1453(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA GIVING NOTICE OF A PROPOSITION TO INCUR
BONDED INDEBTEDNESS BY SAID CITY FOR CERTAIN LIBRARY ACQUISITIONS
AND IMPROVEMENTS TO BE VOTED UPON IN THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 8, 1988, FOR THE
QUALIFIED VOTERS OF SAID CITY," 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: Mayor Pro Tempore H. Katz, Councilmember Reed
14-A: NOISE ORDINANCE: Presented was the request of
Councilmember Zane to discuss a review of the lawful noise limits
allowed in the noise ordinance. Councilmember Zane opened
discussion and moved to direct staff to stage for Council, in the
Chambers, a simulation of noise standards allowed in the noise
ordinance for review and consideration of their modification.
Second by Councilmember A. Katz. The motion was unanimously
approved, Mayor Pro Tempore H. Katz and Councilmember Reed
absent.
14-B: STYROFOAM PACKAGING AND CUPS: Presented was the request
of Councilmember Zane to discuss banning the use of styrofoam
packaging and cups. Councilmember Zane opened discussion and
moved to direct staff to return to Council with a report on the
actions of other cities, and make recommendations for Council
consideration for mitigating the harmful effects on the ozone
layer from styrofoam and similar plastics that have adverse
environmental consequences. Second by Councilmember A. Katz.
The motion was unanimously approved, Mayor Pro Tempore H. Katz
and Councilmember Reed absent.
14-C: ELLIS ACT EVICTIONS: Presented was the request of
Councilmember Finkel to discuss directing the City Attorney to
investigate tenant evictions under the Ellis Act. Councilmember
Finkel opened discussion and moved to direct the City Attorney to
investigate the issue of improper evictions under the Ellis Act,
and make appropriate legislative proposals to the Council with
respect to protective legislation Council can consider enacting.
Second by Councilmember A. Katz. The motion was unanimously
approved, Mayor Pro Tempore H. Katz and Councilmember Reed
absent.
9-A, 9-B, 11-D: CLOSED SESSION/EXECUTIVE PAY PLAN/SANTA MONICA
FIREFIGHTERS ASSOCIATION: At 12:00 a.m., Council adjourned to
Closed Session for the purpose of considering personnel matters.
At 12:22 a.m., Council reconvened with five members present,
Mayor Pro Tempore H. Katz and Councilmember Reed absent.
Councilmember Jennings moved to adopt Resolution No. 7673(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE EXECUTIVE PAY PLAN," reading by title only
and waiving further reading thereof. Second by Councilmember
Zane. The motion was approved by the following vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed
Councilmember Jennings moved to adopt Resolution No. 7674(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE FIREFIGHTERS LOCAL 1109 IAFF," reading by
title only and waiving further reading thereof, and authorizing
the City Manager to execute Contract No. 5198(CCS) with the Santa
Monica Firefighters Association. Second by Councilmember Finkel.
The motion was approved by the following vote:
Council vote: Unanimously approved 5-0
Absent: Mayor Pro Tempore H. Katz, Councilmember Reed