CITY OF SANTA MONICA
CITY COUNCIL MEETING 10/25/88
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: COMMENDATION/L.A. COUNTY COMMUNITY DEVELOPMENT COMMISSION:
Mayor Conn presented a commendation to Don Smith and Carol
Hutchinson of the Los Angeles County Community Development
Commission for their administration of the Santa Monica Section 8
Housing Assistance Payments Program during the past 12 years.
5-A/5-B: OCCIDENTAL OIL DRILLING PROJECT/OIL PIPELINE:
Presented was the request of Ken Genser to address Council
regarding Occidental Oil Company drilling project in Pacific
Palisades, continued from October 11, 1988. Councilmember Zane
moved to consider Items 5-A and 5-B as one agenda item. Second
by Councilmember Finkel. The motion was unanimously approved.
Mr. Genser expressed his concerns regarding the potential
contamination of the City's drinking water due to the placement
of a hydrocarbon pipeline in the area of San Vicente Boulevard.
Councilmember Zane moved to direct the City Attorney to draft the
necessary ordinances prohibiting the development any new oil
pipelines in Santa Monica. Second by Councilmember Finkel.
Discussion was held. The motion was unanimously approved.
6-A: MINUTES APPROVAL: The City Council minutes of October 11,
October 12, and October 14, 1988, were approved as written.
6-B: CONSTRUCTION HOURS: Ordinance No. 1458(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4313 AND 4314 TO
FURTHER LIMIT THE HOURS ALLOWED FOR CONSTRUCTION, MAINTENANCE, OR
REPAIR OF BUILDINGS IN THE CITY OF SANTA MONICA" was adopted.
6-D: FINAL MAP 18879/CONDOMINIUM/1314 CALIFORNIA AVENUE:
Resolution No. 7708(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 18879" was adopted, thereby
approving Final Parcel Map 18879 for 3-unit condominium at 1314
California Avenue.
6-E: FINAL MAP 45793/CONDOMINIUM/1332-38 STANFORD STREET:
Resolution No. 7709(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 45793" was adopted, thereby
approving Final Tract Map 45793 for 12-unit condominium at
1332-38 Stanford Street.
6-F: PIER RECONSTRUCTION: Resolution No. 7712(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A CONTRACT FOR THE RECONSTRUCTION OF THE
WEST END OF THE MUNICIPAL PIER AND THE UPGRADING OF UTILITIES ON
THE EXISTING PIER ON THE OPEN MARKET" was adopted, thereby
rejecting all bids for the reconstruction of the west end of the
Municipal Pier and the upgrading of utilities; waiving
competitive bidding of the reconstruction of the west end of the
Municipal Pier and the upgrading of utilities; authorizing the
City Manager to negotiate and execute a contract for the
reconstruction of the west end of the Municipal Pier and the
upgrading of utilities with interested qualified firms in the
open market; authorizing the City Engineer to issue any necessary
change orders to complete additional work in accordance with the
Administrative Instruction on Change Orders; authorize the City
Manager to amend Contract No. 4907(CCS) with Concept Marine
Associates to provide construction management services for an
amount not to exceed $200,000; and authorize the City Manager to
negotiate and execute Contract No. 5221(CCS) with McClelland
Engineers, Inc. to provide geotechnical services for an amount
not to exceed $40,000.
6-G: LOS ANGELES CONSERVATION CORPS: A recommendation to award
a grant in the amount of $25,100 to Los Angeles Conservation
Corps for debris removal, tree trimming, weed abatement, and
other related work along the Palisades Park Bluff was approved,
thereby awarding a grant in the amount of $25,100 to the Los
Angeles Conservation Corps.
6-H: STATEMENTS OF OFFICIAL ACTION/CONDOMINIUM DEVELOPMENT/OSCAR
KATZ TRUST: A recommendation to certify Statements of Official
Action for the Appeal of CUP 473, TTM 45454; CUP 474, TTM 45455;
CUP 475, TTM 45456; CUP 476, TTM 45457; CUP 478, TPM 18719; to
allow the construction of 79 residential condominium units at
2115, 2722, 2913, 3000 and 3019 Third Street, Oscar Katz Trust
was approved, thereby certifying the Statements of Official
Action and the findings and conditions for approval contained
therein.
6-I: DESIGNATED TRUCK ROUTE: A recommendation to amend
Ordinance 709 authorizing the Parking and Traffic Engineer to
implement changes to the City's designated truck route was
approved, thereby directing the City Attorney to draft an
ordinance authorizing the Parking and Traffic Engineer to
implement changes to the City's designated truck routes by
amending or modifying existing Ordinance 709.
6-K: CITY CLERK SALARY AND BENEFITS: Resolution Number 7710
(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING SALARY AND BENEFITS FOR THE POSITION OF
CITY CLERK" was adopted.
6-L: PALISADES PARK MASTER PLAN: A recommendation to authorize
the City Manager to negotiate and execute a contract with EDAW
for preparation of the Palisades Park Master Plan, and a request
for the appropriation of an additional $76,000 for expanded scope
of services was approved, thereby authorizing the City Manager to
negotiate and execute Contract No. 5222(CCS) with EDAW Inc. to
prepare a Master Plan for Palisades Park, and appropriate funds
in the amount of $76,000 from General Fund reserves to Capital
Improvement Account No. 01-740-511-000-926.
END OF CONSENT CALENDAR
6-C: APPROVED FINANCIAL INSTUTIONS FOR CITY INVESTMENTS:
Presented was a resolution for adoption authorizing the
investment of one or more deposit accounts with certain banks,
savings and loan associations, and broker/dealers, and also
authorizing the the purchase of marketable investment securities
through Japanese banks. Member of the public Joy Fullmer
expressed her concerns regarding the staff recommendation.
Discussion was held. Councilmember Finkel moved to approve the
staff recommendation. Second by Mayor Pro Tempore H. Katz.
Councilmember Reed moved to amend the staff recommendation by
deleting recommendation 1 from the staff report with regard to
the addition of 11 Japanese banks to the City's authorized
financial institutions list, thereby adopting Resolution No.
7707(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT, USE AND
INVESTMENT OF ONE OR MORE DEPOSIT ACCOUNTS WITH CERTAIN BANKS,
SAVINGS AND LOAN ASSOCIATIONS AND BROKER/DEALERS," reading by
title only and waiving further reading thereof. The motion was
accepted as friendly by the maker and second of the main motion.
The motion, as amended, was approved by the following vote:
Council vote: Unanimously approved 7-0
Mayor Conn moved to direct staff to prepare an informational
report to Council on the issues of Japanese banks, South Africa,
"red-lining", and other criteria for the City's banking policies.
Second by Councilmember Reed. The motion was unanimously
approved.
6-J: CLOVERFIELD AND OLYMPIC BOULEVARDS WIDENING: Presented was
a recommendation to proceed with initial studies required for the
widening of Cloverfield Boulevard between the Santa Monica
Freeway and Olympic Boulevard and to authorize City Manager to
negotiate necessary contracts for survey, appraisal,
environmental and design services. Discussion was held. Member
of the public Joy Fullmer expressed her concerns regarding the
staff recommendation. Member of the public Paul Rosenstein spoke
in support of the staff recommendation, and spoke in support of
diverting commercial traffic from residential streets.
Councilmember Finkel moved to approve the staff recommendation as
amended by staff in the supplemental information distributed to
Council at the meeting; thereby directing staff to proceed with
initial studies required to determine the financial feasibility
of widening Cloverfield Boulevard between the Santa Monica
Freeway and Olympic Boulevard to provide an additional lane of
traffic in each direction; authorizing the City Manager to
negotiate and execute any contracts necessary to initiate studies
of the proposed traffic improvements; and appropriate $200,000
from the traffic mitigation fees paid by the Water Gardens
project to Capital Improvements Project account
01-770-416-000-956 to fund survey, appraisal and environmental
design contracts. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz, H.
Katz, Zane, Mayor Conn
Negative: Councilmembers Jennings, Reed
Councilmember Jennings requested the record to reflect that he
feels the City has far too much of its surface area devoted to
streets already, and he doesn't approve of widening the streets.
He feels that what the Council has to do to deal with traffic in
the City is to come up with much more effective traffic
management programs.
7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a public
hearing on assessments of costs to repair damaged sidewalks,
driveways and curbs (SR-88-119). The public hearing was declared
opened at 8:30 p.m. There being no one wishing to speak, the
public hearing was declared closed. Mayor Pro Tempore H. Katz
moved to approve the staff recommendation and adopt Resolution
No. 7711(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-88-119)," 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 7-0
8-A: AMENDMENT TO DEVELOPMENT AGREEMENT/COLORADO PLACE PHASE
III: Presented was a staff report transmitting an ordinance for
introduction and first reading approving Amendment No. 1 to
Development Agreement for Colorado Place, Phase III, located at
2000 - 2200 Colorado Avenue. Discussion was held. Mayor Pro
Tempore H. Katz moved to approve the staff recommendation and
introduce for first reading an ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA MONICA AND SOPAC PROPERTIES, INC.," 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
8-B: SMOKING IN RESTAURANTS: Presented was an ordinance for
adoption and second reading amending Chapter 9A of Article IV of
the Municipal Code to regulate smoking in restaurants, introduced
October 11, 1988. Councilmember Reed moved to hear from members
of the public wishing to speak for three minutes each. Second by
Councilmember A. Katz. The motion was unanimously approved.
Anna Jane Stone, Patricia Hoffman, Ed McCarroll, Walt Bilofsky,
Dr. Richard Gray, Dr. Harvey Frey, Polly Benson Brown, Jon
Sedillos, Dr. William McCarthy, Lauren Linder, and Mary Sandberg
spoke in support of the proposed ordinance. Rudy Cole expressed
concerns regarding the proposed ordinance and spoke in favor of
an ordinance that would establish a 50% level for non-smoking
seats in restaurants. Jay Fiondella spoke in support of an
exclusion for restaurants of 50 seats or less.
Councilmember Finkel moved to approve the staff recommendation
and adopt Ordinance No. 1459(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9A OF
ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE TO REGULATE SMOKING
IN RESTAURANTS," reading by title only and waiving further
reading thereof. Second by Mayor Pro Tempore H. Katz.
Discussion was held. Mayor Pro Tempore H. Katz moved to direct
the City Attorney to return the ordinance to Council with amended
language that is more flexible regarding the signage requirements
in the ordinance. Discussion was held. During discussion, Mayor
Pro Tempore H. Katz withdrew his motion. The motion to adopt the
ordinance was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane
Negative: Councilmember Reed, Mayor Conn
Councilmember Reed requested the record reflect that her reason
for voting no is due to the lack of an exemption for small
restaurants with limited space.
Councilmember A. Katz moved to direct staff to communicate with
Los Angeles and other surrounding communities and inform them of
Council's action and encourage them to follow suit. Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.
Councilmember Zane moved to direct the City Attorney to return to
Council with language to remedy inconsistencies in the signage
requirements. Second by Councilmember Finkel. The motion was
unanimously approved.
At 9:40 p.m., Council recessed. Council reconvened at 9:55 p.m.,
with all members present.
10-A: PROPOSITION 84/CALIFORNIA HOUSING AND HOMELESS BOND ACT OF
1988: Presented was a recommendation of the Housing Commission
to support Proposition 84, the California Housing and Homeless
Bond Act of 1988. Discussion was held. Councilmember Zane moved
to hear from members of the public for two minutes each. Second
by Councilmember Finkel. The motion was approved, Mayor Conn and
Councilmember Reed opposed. Members of the public Joy Fullmer
and Joyce Parker spoke in support of the staff recommendation.
Councilmember Zane moved to approve the staff recommendation,
thereby declaring Council's formal support of this measure.
Second by Councilmember Finkel. The motion was unanimously
approved.
11-A: HOUSING TRUST FUND/IN-LIEU FEES: Presented was a
recommendation to establish a Citywide Housing Trust Fund, and
direct staff to prepare Program Guidelines and appropriate
housing in-lieu fees. Discussion was held. Members of the
public Joy Fullmer, Maria Leon, Paul Desantis, David Shniad,
Irene Zivi, and Suzanne Mitchell spoke in support of the staff
recommendation. During discussion, staff revised their
recommendation to restrict participation in the Citywide Housing
Trust Fund Program to Non-profit Organizations only.
Councilmember Zane moved to adopt the staff recommendation as
amended by staff. Second by Councilmember A. Katz. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Abstain: Councilmember Reed
Councilmember Zane moved to direct staff to explore the
possibility of creating a separate fund with similar guidelines,
available to the for-profit sector that would apply to the
downtown area. Second by Councilmember Finkel. The motion was
unanimously approved.
11-B: SALE OF SURPLUS PROPERTY/OCEAN PARK BOULEVARD: Presented
was a recommendation to authorize the sale of surplus parcels on
Ocean Park Boulevard and convert other surplus parcels on Ocean
Park Boulevard to landscaped parkways. Discussion was held.
Members of the public Veena Sedana, Roy Evaristo, Jeff DeCoste,
Michael Hill, and Judy Abdo spoke in support of the staff
recommendation. George Merman spoke in support of selling lot 3
(as designated in the staff report date October 25, 1988)
adjacent to his property. Joy Fullmer spoke in opposition to the
staff recommendation. During discussion, Mayor Pro Tempore H.
Katz moved to extend the meeting to 11:45 p.m. Second by
Councilmember Finkel. The motion was unanimously approved.
Councilmember Zane moved to approve the staff recommendation
amended to reflect that only the lot designated No. 3 in the
staff report, is to be made available for sale; that lots 4 and 5
be included in the landscape planning; and that the rare tree in
lot 5 be saved, subject to notification of area residents.
Second by Councilmember Finkel. During discussion, Councilmember
Finkel moved to amend the motion to include further inquiry into
the possibility of other uses, besides landscaping, for lots 4
and 5. The amendment was accepted as friendly by the maker of
the main motion. Councilmember Zane moved amend the motion to
include an appropriation of $26,000.00 from the Gas Tax Fund for
additional landscaping. The motion was accepted as friendly by
the second of the main motion. The motion, as amended, was
approved by the following vote:
Council vote: Affirmative: Councilmember Finkel, A. Katz, H.
Katz, Reed, Zane, Mayor Conn
Negative: Councilmember Jennings
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 11:28 p.m., Council adjourned to
Closed Session to consider the case of Clark v. City, Los Angeles
Superior Court Case No. C 697 414. At 11:45 Council reconvened
with all members present. Mayor Conn stated that there was no
action to report from the Closed Session.
Councilmember A. Katz moved to extend the meeting to 1:00 a.m.
Second by Councilmember Zane. The motion was approved,
Councilmembers Jennings and Reed opposed.
13-A: SETBACK AT 2141 23RD STREET: Presented was the request of
Mark Fuote to address Council regarding setback at 2141 23rd
Street. Mr. Fuote spoke on behalf of Norbert Ewers, the owner of
the property at 2141 23rd Street, to request that the owner be
allowed to maintain his existing 15 foot setback when he remodels
the existing house with a second story addition. Discussion was
held. Councilmember Zane moved to direct staff to examine the
possibility of a revision to either the adjustment or variance
procedure, or whatever procedure they think is appropriate for
providing the flexibility to deal with unusual cases, such as
this, in the clean-up ordinance when it comes before Council.
Second by Councilmember A. Katz. During discussion, the motion
was amended to include direction to staff to attempt to
adequately define "unusual" as it relates to granting variances,
and that the Planning Commission be involved in the development
of any procedures for granting variances. The motion, as
amended, was approved, Councilmember Reed opposed.
13-B: PARKING STRUCTURE/LOT 9: Presented was the request of
Susan E. Lieberman to address Council regarding the proposed
parking structure on Lot 9. Ms. Lieberman spoke in opposition to
the planned parking structure, and proposed an alternative method
of striping parking lot 9 in order to obtain an increase in the
number of parking spaces. Discussion was held.
13-C: MAIN STREET PARKING STRUCTURE: Presented was the request
of Richard Orton to address Council regarding proposed Main
Street parking structure. Mr. Orton spoke in opposition to the
planned parking structure, and proposed alternative workshops to
explore remedies to the parking problem in the Main Street area.
Mayor Pro Tempore H. Katz moved direct staff to hold at least one
or two workshops to explore alternatives to the parking
structure, and to schedule the workshops to insure that both
merchants and residents can easily attend. Second by
Councilmember A. Katz. Discussion was held. The motion was
unanimously approved.
13-D: DEVELOPMENT IN THE CITY: Presented was the request of
Jack Baptista to address Council regarding development in City.
Mr. Baptista expressed his concerns regarding the level of
development in the City, particularly in the Mid-City
Neighborhood. Discussion was held.
13-E: DEED RESTRICTIONS FOR APARTMENT BUILDINGS: The request of
Philip R. Peters III to address Council regarding obtaining
acceptance of deed restrictions for apartment buildings to be
constructed on 25th and 26th Streets north of Wilshire Boulevard
was withdrawn at the request of Mr. Peters.
13-F: TREATMENT OF WOMEN IN SANTA MONICA JAIL: Presented was
the request of Jacqueline S. Clark to address Council regarding
the treatment of women prisoners in the City jail. Ms. Clark
requested that Council enact legislation to provide for the
following: 1)That the City Jail have video cameras installed in
order to monitor the activities of jailers and prisoners on a
24-hour basis; 2)That a Cititzen's Review Board be established to
investigate complaints of police misconduct and mishandling of
prisoners; 3)That all prisoners confined in the City Jail be
interviewed by a person not associated with the Police Department
to allow for an independent assessment of their treatment while
in custody. Councilmember A. Katz moved to hear from members of
the public, who submitted requests to speak on this matter, for
two minutes each. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved. Elisabeth Chmielik and Jerry
Silva spoke in support of Ms. Clark's request. Mayor Conn moved
to direct staff to perform a thorough investigation into the
complaints of Police misconduct, report back to Council within 45
days, and make recommendations to the Council about the
suggestions made by Ms. Clark. Second by Councilmember A. Katz.
The motion was unanimously approved.
14-A: ASSISTANCE TO MALL MERCHANTS: Presented was the request
of Councilmember Zane to discuss options for City action to
assist Mall merchants who are seriously impacted by construction
interference with business. Councilmember Zane initiated
discussion and moved to direct staff to formulate options for
assisting existing mall merchants who are in need, merchants who
are in danger of losing their businesses, at the soonest possible
date. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved.
14-B: SECOND FLOOR WOMEN'S RESTROOM: Presented was the request
of Councilmember Reed to discuss the elimination of the women's
small restroom on the second floor (north wing). Councilmember
Reed moved to direct staff that there be no more attempts to
remove restroom spaces in City Hall, that staff be directed to
report to Council regarding the steps that they are undertaking
to address the space problems in City Hall, and what Council and
City employees may anticipate in terms of solutions, and that any
recommendations for changes would have to come back before City
Council before they were made. Second by Mayor Conn. Discussion
was held. The motion was approved, Councilmember Finkel opposed
as he felt it was not an appropriate action.
14-C: COUNCIL CHAMBERS FEE: Presented was the request of Mayor
Conn to waive the fee for the use of the Council Chambers by the
California State Board of Equalization on November 2, 3, and 4,
1988. Mayor Conn moved to waive the Council Chamber fee for these
meetings. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved.
15. PUBLIC INPUT: Steve Spencer addressed Council regarding
noise and disturbance problems at the Edgemar Project.