ITEM 9-A
COUNCIL MEETING: April 9, 1991 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Approve Land Use and Implementation
Plan of Local Coastal Program
INTRODUCTION
A Local Coastal Program (LCP) is required by state law. This
draft LCP incorporates revisions requested by the California
Coastal Commission and the Planning Commission and includes
revised standards resulting from the adoption of the 1988 Zoning
Ordinance and Proposition S.
Staff recommends that the City Council review the document,
provide staff with comments and approve the document to be
forwarded to the Coastal Commission for review and certification.
BACKGROUND
State law requires each coastal jurisdiction to prepare a Local
Coastal Program (LCP) that addresses requirements of the State
Coastal Act. LCP's prepared by local jurisdictions are subject
to review and certification by the California Coastal Commission.
Once the LCP is certified, responsibility for implementation of
State Coastal Act provisions reverts to the local government. A
local government may submit its entire Local Coastal Program at
one time or in two separate components: the Land Use Plan (LUP),
showing the permitted uses and setting out policies for carrying
out the goals of the Coastal Act; and the Implementing
Ordinances, which implement the policies specified in the Land
Use Plan. Under 1981 legislation, a local government can take
over issuance of coastal permits once the Land Use Plan portion
of the Local Coastal Program has been approved by the Coastal
Commission. All 67 coastal cities and counties in the State are
required to prepare Local Coastal Programs (LCPs) to govern
development within each jurisdiction's coastal zone. This area
generally extends inland about one-half mile. The Coastal Act
sets basic goals and policies, but leaves specifics to local
jurisdictions. As each LCP is certified, local government
assumes the authority to issue coastal development permits if the
development is consistent with the LCP. The Coastal Commission
then assumes a secondary role, conducting appeals of local permit
decisions under limited circumstances, considering proposed
amendments to LCPs, providing technical assistance and advice,
monitoring local permits to assure compliance, and performing
five-year evaluations of LCPs.
Santa Monica originally chose to submit its LCP in two stages.
The first component to be prepared was the Land Use Plan. The
original version of the Coastal Land Use Plan (LUP) was approved
by the City Council on January 14, 1981 after an extensive public
review process. Shortly thereafter, however, the City decided to
re-examine planning and development issues city-wide. As a
result, work was not begun on the LUP until 1982 when a
consultant was retained to draft a revised LUP based upon the
re-examination of the planning and development issues. A draft
of the revised LUP was presented in early 1983; however, the
revised Land Use and Circulation Elements of the General Plan
were in process. It was decided to defer any revisions to the
draft LUP until after adoption of the revised General Plan
Elements. This process was completed in mid 1984.
After a public review period in 1985, the Draft Land Use Plan
(LUP) was forwarded to the Planning Commission. The Planning
Commission conducted a public hearing on the matter and forwarded
its comments to the City Council with a recommendation that the
LUP be adopted. In June 1986, the City Council reviewed comments
submitted by Coastal Commission staff, Planning Commission, and
members of the public, and adopted the City's version of the LUP.
In July 1987, the Coastal Commission conducted a public hearing
taking into consideration comments submitted by the City. A
modified version of the LCP was approved by the Coastal
Commission, and since the document was different from the one
approved by the City, it was necessary to have the Planning
Commission and City Council review the Coastal Commission
modifications. In September 1987, the Planning Commission
conducted a public hearing and recommended that the LUP be
adopted as amended by the Coastal Commission.
In November 1987, the City Council conducted a public hearing
and, after deliberation, the Council took no action on the LUP.
The City's consideration of a new comprehensive Zoning Ordinance
led to changes in major elements of the City's land use policies
and, as a consequence, further consideration of the LUP was
postponed pending adoption of the new zoning ordinance. Staff
was directed to modify the LCP to be consistent with the adopted
Zoning Ordinance. The Zoning Ordinance was adopted in 1988, and
the preparation of a revised LUP began shortly thereafter.
Staff has revised the document, which is now comprised of two
components: the Land Use Plan (LUP), establishing development
standards and setting out policies for carrying out the goals of
the Coastal Act, and the Implementing Ordinances, which implement
the policies specified in the Land Use Plan.
The current draft of the LCP is a policy document based largely
on the 1987 draft LCP that resulted from discussions with the
Coastal Commission. However, there are two key changes. First,
the current LCP reflects policy changes made over the three years
since 1987, including the 1988 Zoning Ordinance, the Ocean Park
Rezoning, and Proposition S. Second, the Implementation Plan is
new and represents the City's effort to obtain certification of a
complete LCP.
A revised draft of the LCP was released to the public in May
1990. Following a seven and one-half week public review period,
several comments were received. These comments and their
responses are included as attachments to the staff report. As
noted throughout, appropriate comments and changes were
incorporated into the LCP. Thus, the LCP reflects not only
direction from the Coastal Commission and Planning Commission but
also from the public and other regulatory agencies as well.
ORGANIZATION OF THE LCP
The LCP is divided into two sections. First is the LUP, which
outlines existing conditions, issues, and goals of the Coastal
Zone, as well as the policies needed to achieve the goals of the
Coastal Act. The second section is the Implementation Plan,
which includes Zoning Ordinance revisions and specific Coastal
Zone ordinances to implement the policies of the LUP.
LAND USE PLAN (LUP)
The Land Use Plan is divided into five chapters:
Chapter I outlines the background and purpose of the LCP. It
includes a brief history of coastal protection legislation and
describes Santa Monica's role in that planning effort.
Chapter II describes existing conditions and issues in the
Coastal Zone by dividing it into eight subareas, which largely
correspond to zoning boundaries. Each possesses unique
characteristics that are described in detail.
Chapter III discusses five major policy topics:
o Access
o Recreation and Visitor Serving Facilities
o Scenic and Visual Resources
o New Development
Discussion of each topic includes the existing conditions,
opportunities, problems, or constraints that currently exist.
Chapter IV is the key component of the LUP, as it lists the
specific policies of the Coastal Zone. These are organized by
policy topic and include general policies (i.e. Access,
Environmental Quality) as well as policies specific to subareas
within the zone (New Development).
Chapter V outlines the potential impact of the LUP on each of the
eight subareas.
ANALYSIS OF LAND USE PLAN (LUP)
The current Land Use Plan is the pivotal element of the LCP. It
has been updated to reflect the city's existing policies (Zoning
Ordinance, Ocean Park rezoning Proposition S) and potential
future policies, Civic Center Specific Plan, Main Street
Ordinance revisions. The LUP is designed to be consistent with
all City regulations. The LUP also reflects input from the
community, Coastal Commission, and other regulatory agencies.
There are 111 policies listed in the LUP, all organized under the
five policy topics noted in Chapter III. New policies that are
inconsistent with current standards and require amendments to the
Zoning Ordinance and/or the General Plan are noted. Following is
a highlight of key LUP policies (note: all policies are not
listed):
Access
These policies cover access to the Coastal Zone, especially the
beach, as well as circulation within the area.
Policy 8: This policy requires that new development directly
adjacent to the beachfront provide a dedicated access
easement under certain conditions. Such easements do
not have to be available to the public unless a
public or private agency agrees to maintain and be
liable for the accessway.
Policy 13: This policy recognizes that an assessment fee on new
development may be appropriate to enhance public
access to the beach. This would require a nexus
study to determine a reasonable fee. Until such a
fee is adopted, projects that significantly impact
access will be required to mitigate the impact to a
level of insignificance.
Policy 18: This policy recognizes that the city should
participate in efforts to increase capacity on PCH
through programmatic improvements.
Policy 19: This policy requires that new commercial or mixed-use
development make their commercial parking facilities
available to the general public when the business is
not in operation.
Policy 21: This policy recognizes that TORCA conversions may
impact parking supplies and that impacts will be
monitored by the City.
Policy 23: This policy prohibits residential parking permit use
in the public beach lots during the day. The
Planning Commission recommended changes to this
Policy as outlined later in this report.
Policy 24: This policy reflects the Coastal Commission's
agreement to allow an intensity of development on the
Pier than can be accommodated by the 471 parking
spaces to be replaced on or near the Pier. Any
further intensification of development will require
appropriate mitigations (e.g. more parking, shuttle
program).
Policy 27: This policy directs implementation of a shuttle
system to provide service throughout the Coastal Zone
and specifies project timelines.
Policy 32: This policy requires that new commercial and
residential development with ten or more parking
spaces provide for secure storage of bicycles.
Recreation and Visitor Serving Facilities
These policies cover visitor-serving facilities within the
Coastal Zone, including restoration of Santa Monica Pier and
encouragement of visitor-serving uses in the Oceanfront and
Downtown areas.
Policy 38: This policy establishes that visitor-serving
commercial recreational facilities have priority over
residential or general commercial uses on parcels
zoned RVC. Several parcels have and will be rezoned
from residential to RVC in Subareas 1a and 1b.
Policy 45: This policy discusses the protection and
encouragement of low-cost lodging facilities, and
establishes mitigation procedures for demolition of
such facilities.
Environmental Quality
These policies emphasize environmental quality policies,
emphasizing protection of marine habitats and water quality.
Policy 56: This policy describes the City's commitment to
monitoring and improving the quality of storm drain
water.
Scenic and Visual Resources
These policies concentrate on visual resources, including
protection and improvement of public views of the Ocean.
Policy 59: This policy protects public views to, from and along
the ocean, Pier, and Palisades Park.
New Development
This section describes policies for new development that apply
throughout the Coastal Zone, including policies for each of the
eight subareas. These include standards for scale, bulk, and
design considerations. A new policy is being proposed to address
any growth controls on the rate of future development
Policy 65: This policy specifies general guidelines for new
development to enhance public access to and within
the project. Measures include providing pedestrian
and bicycle circulation and assuring the recreational
needs of residents on-site is provided.
Policy 69: This requires compliance with the Mello Act which may
require the replacement of affordable housing in the
Coastal Zone.
Policy 74: Development shall comply with future growth
management plans that include but are not limited to
controlling the rate of development in the Coastal
Zone.
Policies 75 through 114, specify development standards and
permitted uses in each of the eight subareas of the Coastal Zone.
These have been designed to be consistent with the development
standards contained in the existing General Plan, Zoning
Ordinance. However in some areas new policies may be
inconsistent with the General Plan or Zoning Ordinance. These
policies are noted.
One area in the Coastal Zone where staff proposes to modify the
development standards is the area bounded by Pacific Coast
Highway (PCH) to the west, the Pier to the south, and the City
limits to the north. This area is predominantly zoned R1 and R4.
In response to Coastal Commission staff concerns about preserving
existing Coastal-related uses and limiting development and
intensification of residential uses, staff recommends the area be
zoned a mixture of R1 and RVC. This will allow retention of
existing single and multi-family residential uses, however it
will prevent intensification of residential uses by limiting new
construction to single family uses. Because of the small lot
sizes that predominate along PCH, this rezoning reflects what can
actually be built in this area. At the same time, it responds to
the Coastal Commission's concern about residential
intensification of this beachfront subarea.
Policy 75: This policy requires that new single family
residential uses in the subarea north of Santa Monica
Pier (along PCH) provide two visitor parking spaces.
Guest parking requirements for single-family
residential uses elsewhere in the City do not change.
This policy is more restrictive than the existing
guest parking requirements of the Zoning Ordinance
(no spaces required for single-family residential
uses).
Policy 76: This policy describes the rezoning of residentially
utilized parcels north of Santa Monica Pier along PCH
to R1. This also identifies special building height
wide, including a 3 story, 35' height limit (40' for
pitched roofs). This is necessary due to small lot
sizes and the high water table, which makes
subterranean parking difficult. This policy allows
greater height than the City-wide R1 height limits.
Parcels 30' or wider shall adhere to standard R1
development standards.
Policy 77: This policy rezones residentially zoned parcels
utilized with non-residential uses in Subarea 1a to
RVC. This ensures retention of visitor-serving
commercial uses along the beachfront. These parcels
consist of the four beach clubs (Jonathan Club, Sand
and Sea site, the Beach Club, Salt Air Club) and the
public parking lots and vacant parcels. The policy
requires changes to the Zoning map and General Plan
Land Use map. Currently the designation is R4 High
Density residential. Residential uses would be
prohibited on the ground floor of RVC parcels in this
and all other subareas with RVC zoning.
Policy 78: This policy rezones the C2 zoned parcels north of
Santa Monica Pier along PCH (currently state-owned
parking lots) to an RVC designation. This
modification would allow appropriate Coastal-related
uses, and public parking. This policy requires
changes to the zoning and General Plan designations.
Currently the designation is C2 Neighborhood
Commercial.
Policy 80: This policy describes the zoning standards for the
area bounded by the Promenade, Vicente Terrace, Pico
Boulevard, and parcels west of Ocean Avenue-fronting
parcels. All parcels with non-residential uses will
be rezoned RVC to ensure retention of visitor-serving
commercial uses.
Parcels with residential uses shall be zoned R3 to
ensure a balanced mix of uses in this subarea.
This policy also addressed the area west of Appian
Way to the Promenade, from Pico to Vicente Terrace,
where RVC standards will be 2 stories, 30', with a
1.0 FAR. This is consistent with the standards
combined in the Land Use Element but inconsistent
with the Zoning Ordinance standards which permit 3
stories 45' Z.O. FAR. The Zoning Ordinance is in
error and will be modified in the Implementation
Ordinance.
Policies 44, 88, 105: These policies prohibit residential units
and offices on the ground floor frontage of Ocean
Avenue between California and Pico. This is
inconsistent with zoning standards for the area,
currently zoned RVC and CC. The RVC zone permits
residential units while the CC zone currently allows
non-profit offices and conditionally permits private
offices.
IMPLEMENTATION PLAN
This portion of the LCP is divided into five sections. Section I
introduces the Implementation Plan and describes its purpose.
Section II outlines amendments to the Zoning Ordinance necessary
to accommodate all policies of the LUP. Section III describes a
development impact fee associated with two policies of the LUP.
Section IV describes the shuttle transit program to be
implemented by a policy of the LUP. Finally, Section V outlines
the parameters of a comprehensive sign program for the Coastal
Zone (and the City).
ANALYSIS OF IMPLEMENTATION PLAN
The Implementation Plan, similar to the LUP, is designed to be
consistent with existing City policies and the zoning ordinance.
Key areas of note are highlighted here by section:
Section II--Zoning Amendments
This is the most detailed section of the Implementation Plan,
providing text revisions to the Zoning Ordinance. As the most
recent revision of the Zoning Ordinance provided the impetus for
most of the modifications to the LCP, few changes are needed to
implement the LCP. Four new subchapters are proposed for the
Zoning Ordinance:
o Coastal Overlay District. This overlay covers all properties
in the Coastal Zone and triggers the requirement for a
Coastal Development Permit.
o Coastal Development Permit. This replaces the permit
application to the Coastal Commission and outlines the
administrative and appeal processes.
o Administrative Coastal Permit. This permit would apply to
development projects that require administrative approval.
The procedures are spelled out for such permits.
o Local Coastal Program. Future amendments to the LUP are
inevitable as modifications to the General Plan, Zoning
Ordinance, and other policies occur. This section outlines
the procedures to prepare, amend, and adopt the LUP.
In addition, miscellaneous amendments to the Zoning Ordinance are
necessary to implement specific policies.
Section III--Impact Fees
Section III summarizes the development impact fee imposed on new
development in the Coastal Zone that removes existing low-cost
motel or hotel units. The City Council adopted such a ordinance
in 1990.
Section IV--Shuttle Transit Program
This section outlines the development of a pilot shuttle program
that would circulate throughout the Coastal Zone, with stops at
all major destinations.
Section V--Comprehensive Sign Program
This section summarizes the Comprehensive Sign Program that
establishes a consistent, unified sign program that conveys
Coastal-ralated information clearly and effectively.
CEQA
The California Environmental Quality Act (CEQA) exempts
preparation of Local Coastal Programs from environmental review,
pursuant to Section 21080.9 and 21080.5 and Division 20, Chapter
6 of the Public Resources Code. As per the provisions of both,
this program contains the elements and analyses required for
certification of the Land Use Plan of the LCP. The majority of
the LCP Policies reflect existing City policies contained in the
Zoning Ordinance, Land Use and Circulation Element, Ocean Park
Rezoning, North of Wilshire Rezoning, and Proposition S. With
the exception of Proposition S, each of the documents were
analyzed through a separate EIR that provided information and
evaluated impacts.
PLANNING COMMISSION REVIEW
The amendments to the draft LCP document proposed by the Planning
Commission, and required as a result of Proposition S, are noted
by the slash out and bold treatments in the text. The passage of
Proposition S has required the insertion of language limiting
hotel, motel and restaurants over 2,000 sq.ft. as contained in
the initiative. With the exception of the following issues, the
changes proposed by the Planning Commission primarily involve
minor re-organization and re-wording of policy statements.
Policy #23 which restricts residential permit parking in the
beach lots between the hours of 9:00 a.m. and dusk was a
significant issue with the Planning Commission. According to the
Policy contained in the LCP, residents wishing to park in the
lots between those hours would be subject to the parking fees
charged to beach goers. Recognizing that the majority of
residential uses utilizing the beach parking lots have little or
no off-street parking, the Planning Commission recommended two
alternatives:
o Evaluate how many residential uses have insufficient
parking and then permit a fixed number of parking
permits for those units. Parking would be available in
the beach lots on a first come first serve basis.
o Restrict residential parking between the hours of 9:00
a.m. to dusk only during the peak summer period, June
through August. Residents could still park in the
lots, however, they would be subject to the same fees
as beach goers during the summer months.
Currently, the City offers all day/night beach parking permits to
residents and selected commercial uses and daytime parking
permits for beach users. These permits can be used only in beach
public parking lots.
The Coastal Commission has consistently stated that residential
parking by permit in public lots during the day is not
acceptable. Such a program takes up several hundred beachfront
parking spaces that are not available to visitors during peak
daytime periods, therefore hindering Coastal access. Without the
adoption of a certified LCP, any improvements to the public beach
lots require Coastal Commission approval. When improvements have
occurred to the beach lots the coastal Commission has imposed, as
a condition of approval, a restriction on residential parking in
the beach lots during the day.
Staff is recommending retaining the Policy currently in the Draft
LCP. Should the City Council reject the proposed policy to limit
residential parking during daytime hours, this may jeopardize
certification of the Plan and the City's ability to implement the
remaining policies. Without adoption of the LCP, the Coastal
Commission will retain permit authority, and therefore should the
City wish to make any future changes to the lots, the Coastal
Commission will continue to impose the restriction on residential
parking.
The Planning Commission also recommended modifications related to
the general goals of the LCP. The Goals and Policies as outlined
in the State Coastal Act make reference to maximizing public
access and recreational opportunities in the Coastal Zone. The
Planning Commission objected to the term "maximize" and
substituted the word "provide". Therefore, in Goal 3 and Access
Policy 5 where the language once read "...maximize public access
to and along the coast and maximize public recreational
opportunities...", the language now reads "...provide public
access to and along the coast and provide public recreational
opportunities...". These modifications may not be consistent
with the intent of the Coastal Act and may be rejected by the
Coastal Commission.
In relation to pedestrian access, the Planning Commission
recommended changes to Policy 34. The Policy originally
identified the public walkways at Hill Street, Ashland Avenue,
and Seaview Terrace as coastal access designations. As such,
these walkways were to be identified with appropriate coastal
access signs. As the result of neighborhood opposition, the
Planning Commission eliminated the signage requirement for
Seaview Terrace, however, they maintained the language calling it
out as a coastal access route. This Policy as originally
presented, was approved by the Planning Commission, City Council,
and Coastal Commission in the 1986 Draft LCP.
OTHER RECOMMENDED CHANGES
In addition to the changes noted in the Draft LCP, staff is
recommending changes to facilitate the Pier Development.
Presently the development standards for the Pier are 2 stories
30' with a 1.0 floor area ratio. As part of the Pier development
proposal a fun zone with a farris wheel and roller coaster are
proposed. Both of these features exceed the 30' height
limitation on the Pier. Therefore, in order to accommodae this,
staff is recommending the follwoing changes to both the Policy
and Implementation Section:
Policy 84: Building height shall not exceed 2 stories 30 feet
above the Pier deck and the floor area ratio shall
not exceed 1.0. However, amusement rides and public
viewing platforms may exceed the permitted height.
Implementation Section: Add a new paragraph under Miscellaneous
Amendments:
9. Pursuant to Policy No. 84, the following amendment to the
"Project Design and Development Standards", Section 9040.3 of
the Zoning Ordinance is required to be added:
(6) Amusement rides and public viewing platform located on
the Santa Monica Pier may exceed the permitted height.
ADOPTION PROCESS
Timely adoption of the LCP by the City and certification by the
Coastal Commission are critical for several reasons.
First, preparation and adoption of Santa Monica's LCP is a
long-overdue accomplishment, one whose process began over
thirteen years ago. During this time, over 58% of all coastal
jurisdictions have had LCPs certified by the State. In Los
Angeles County, Santa Monica remains one of only four cities (out
of eleven coastal cities) that have not had at least an LUP
certified. Years of delay have left Santa Monica behind other
cities in fulfilling its legal obligation and obtaining total
permit authority over its coastal development.
Second, the California Coastal Conservancy has approved
$1,000,000 in assistance to the City for restoration of the Pier
Carousel Park. However, by the terms of the agreement, the City
cannot encumber $850,000 of these funds until an LCP is
certified. This situation creates a continuing negative balance
in the Pier fund and effectively results in significant costs for
Santa Monica, as the City must utilize its own General fund
monies for the project. The Conservancy has notified the City of
its intention to cancel the grant if the City does not adopt an
LCP by May 1991. Similarly, potential Conservancy funds for
other common area improvements on the Pier cannot be accessed
until the LCP is certified.
Finally, the City has been awarded grant monies of up to $57,305
from the State for preparation of the Implementation Plan section
of the LCP. This agreement reimbursed the City for work
completed up through September 10, 1990. Potential for future
grants may be contingent upon timely progress in adopting the
LCP.
BUDGET/FISCAL IMPACT
Approval of this document will not result in financial or
budgetary impact other than those noted above regarding grant
monies.
CONCLUSION
In light of the development policies in Santa Monica, which have
changed with the adoption of the Zoning Ordinance, the Land Use
and Circulation Element, Housing Element, and Proposition S, the
LCP reflects existing policies. Once the LCP is adopted, any
future changes to development standards or policies will result
in amendments to the LCP as well.
The LCP represents a body of information, analysis, and policies
that for the most part, have been reviewed and analyzed since
1987. Since that time, the community, regulatory agencies, the
Planning Commission and the California Coastal Commission have
all had input into the formation of the LCP. Accordingly, the
revised document modifies the 1987 version by making it
consistent with new City policies. Ultimately, it is a document
designed to comply with the State's Coastal Act and result in a
certified Local Coastal Program for the City of Santa Monica.
RECOMMENDATION
Staff recommends that the City Council:
1. Conduct a public hearing on the proposed Local Coastal
Program.
2. Adopt the attached resolution and forward the document
to the California Coastal Commission for review and
certification.
Prepared by: Paul Berlant, Director of LUTM
Suzanne Frick, Planning Manager
Paul Foley, Associate Planner
Attachments: A. Resolution Approving Draft LCP
B. March 1991 Draft LCP
C. November 14, 1990 Planning Commission Staff
Report
D. Public comments on May 1990 Draft LCP
E. Responses to Comments on May 1990 Draft LCP
NOTE: Attachments B through E are not available on PEN, but may
be obtained from the City Clerk's office.
ATTACHMENT A
RESOLUTION NO.
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ADOPTING THE LOCAL COASTAL PROGRAM
WHEREAS, in November, 1990, the City staff submitted a
draft Land Use Plan to the Planning Commission; and
WHEREAS, on November 14 and 28, December 6 and 19, 1990,
and January 23, 1991, the Planning Commission held public
hearings on the Local Coastal Program and approved it with
certain modifications; and
WHEREAS, on April 9, 1991, the City Council held a public
hearing on the Local Coastal Program and adopted it with certain
modifications,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Public Resources Code Section
30510, the City Council certifies that the adopted Land Use Plan
of the Local Coastal Program, attached hereto, is intended to be
carried out in a manner in full conformance with applicable law,
and that it contains, in accordance with guidelines established
by the Coastal Commission, materials sufficient for a thorough
and complete review.
SECTION 2. The City Council does hereby authorize the
transmittal of the approved Local Coastal Program to the
California Coastal Commission for its consideration.
SECTION 3. The City Clerk shall certify to the adoption
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney