M-10/27/1987
72
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 27, 1988
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 6: 00 p.m., on Tuesday, October 27, 1987, in the
Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
(arrived during Closed Session)
Councilmember David B. Finkel
councilmember William H. Jennings
(arrived during Closed Session)
Councilmember Alan S. Katz
(arrived during Closed Session)
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Ann M. Shore
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 6:01 p.m., Council adjourned to Closed Session to
consider personnel matters and the following cases: E. Coleman
v. city of Santa Monica, Santa Monica Municipal Court Case No. 87
K 13080; Southern California Edison Co. v. City of Santa Monica,
Santa Monica Superior Court Case No. WEC 108 737; Claim of Craig
Medoff, Claim No. ASM 87-187. At 7:35 p.m., Council reconvened
with all members present. No action was announced. (See Item
11-D at end of meeting)
Members of local Cub Scouts and Brownie Troops led the assemblage
in the Pledge of Allegiance to the united States of America.
4-A: EMPLOYEE SERVICE PINS: Mayor Conn presented service pins
to the following employees: Jack Hutchison, Director,
Transportation Department, 20 years; Virginia Ternus,
Transcriber, Police Department, 20 years; Steven Brackett,
Sergeant, Police Department, 20 years; and Lillian Gordon,
Librarian, 25 years.
4-B: SYMPHONY MONTH: Mayor Conn presented a proclamation
declaring November as Santa Monica Symphony Month.
4-C: RED RIBBON (DRUG AWARENESS) WEEK: Mayor Conn presented a
proclamation declaring October 25-31 as Red Ribbon (Drug
Awareness) Week. Members of Cub Scouts and Brownie Troops
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October 27, 1987
73
distributed red ribbons to members of the public and Council
Members.
Mayor Conn announced that Le cirque Du Soleil will run for three
weeks at the Santa Monica Pier.
The ci ty Clerk announced that
for vacancies on the pier Restoration
Directors and the social Services
4-0: BOARDS/COMMISSIONS:
applications are invited
Corporation Board of
Commission.
PARKING AUTHORITY SPECIAL MEETING
A special meeting of the Parking Authority was called to order by
Chairperson Conn at 7:45 p.m.
Roll Call: Present: Chairperson James P. Conn
Chairperson Pro Tempore Herb Katz
Authority Member David B. Finkel
Authority Member Alan Katz
Authority Member William H. Jennings
Authority Member Christine E. Reed
Authority Member Dennis Zane
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
city Clerk Ann M. Shore
PA-l: PARKING LOT 11 MAIN STREET ACCESS: Presented was a staff
report recommending the City Manager be authorized to negotiate
and execute an encroachment and easement agreement for a portion
of Parking Authority Lot 11 to facilitate access to Main Street.
Chairperson Pro Tempore H. Katz moved to approve the staff
recommendation, thereby authorizing the City Manager to negotiate
and execute an agreement for the encroachment and easement for a
portion of Parking Lot 11 to facilitate access to a development
located at 2510 Main street. Second by Authority Member Reed.
The motion was approved by the following vote:
Authority vote: Unanimously approved 7-0
ADJOURNMENT: At 7:45 p.m., the Parking Authority special meeting
was adjourned.
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
all items are considered and approved in one motion unless
removed from the calendar for discussion. councilmember Finkel
moved to adopt the Consent Calendar with the exceptions of Items
6-A and 6-N, reading resolutions and ordinances by title only and
waiving further reading thereof. Second by Mayor Pro Tempore H.
Katz. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
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October 27, 1987
74
6-B: LIABILITY SETTLEMENT LIMIT/CITY ATTORNEY: Ordinance No.
1421 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
2804 RELATING TO CITY ATTORNEY AUTHORITY TO SETTLE OR COMPROMISE
ANY LIABILITY OF THE CITY WITHIN A SPECIFIED DOLLAR AMOUNT",
thereby increasing the amount of authority granted to the City
Attorney to settle or compromise any liability of the City, was
adopted having been introduced October 13, 1987.
6-C: THEATER DEVELOPMENT/DOWNTOWN COMMERCIAL DISTRICT:
Ordinance NO. 1422 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA LIMITING NEW CINEMA/MOVIE
THEATER DEVELOPMENT TO THE DOWNTOWN COMMERCIAL (C3) ZONE
DISTRICT" was adopted, having been introduced October 13, 1987.
6-D: PARKING REQUIREMENTS/MEDICAL OFFICE BUILDING: Ordinance
No. 1423 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING OFF-STREET PARKING REQUIREMENTS
FOR MEDICAL OFFICE BUILDINGS" was adopted, thereby establishing
standards ensuring that development of medical office buildings
will be consistent with the General Plan, having been introduced
on October 21, 1987.
6-E: FINAL PARCEL MAP/2020 SANTA MONICA BOULEVARD: Resolution
No. 7513 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF
TRACT NO. 17501" was adopted, thereby approving final parcel map
17501 for subdivision of property at 2020 Santa Monica Boulevard.
6-F: INDUSTRIAL WASTE CONTROL PROGRAM: A recommendation was
approved to appropriate $148,197 from the Sewer Fund to account
31-760-661-000-935 for funding of an Industrial waste Control
Program; authorize the City Manager to negotiate and execute
Contract No. 5037 (CCS), a professional services agreement with
Operations Consultants, Inc., for industrial Waste Control
program development and inspection services; and authorize the
City Manager to modify the contract as necessary to provide the
required services for the city within the scope of available
contingency funds.
6-G: FUEL MANAGEMENT SYSTEM/TRANSPORATION DEPARTMENT: A
recommendation was approved to award Contract No. 5038(CCS) with
S & A Systems, Inc., in the amount of $39,575 for the design and
construction of a fuel management system at the Transportation
facilities, and authorize the city Engineer to issue any
necessary change orders to complete additional work in
conformance with the Administrative Instructions.
6-H: COACHES/TRANSPORTATION DEPARTMENT: Bid No. 2127 was
awarded to Cinedyne, Inc., in the amount of $248,100 for the
repair, reconstruction, and rehabilitation of fifteen (15)
Flxible Coaches.
6-1: AIR, OIL, FUEL FILTERS/TRANSPORTATION DEPARTMENT: Bid No.
2140 was awarded to Hausman Bus Sales, at specified unit prices,
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to furnish and deliver miscellaneous air, oil, and fuel filters
for the Transportation Department.
Bid No. 2144 was
of $29,129.86 to
Truck for the
6-J: SERVICE TRUCK/TRANSPORTATION DEPARTMENT:
awarded to Pacific Coast Ford in the amount
furnish and deliver one one-ton Service
Transportation Department.
6-K: COIN BOXES/GENERAL SERVICES DEPARTMENT: Bid No. 2146 was
awarded to Duncan Industries, at specified unit prices, to
furnish and deliver sealed coin boxes for parking meters for the
Parking and Traffic Division of the General services Department.
6-L: VALVES AND FITTINGS/WATER DIVISION: Bid No. 2148 was
awarded to Taylor Jett Company, at specified unit prices, to
furnish and deliver cast and ductile iron valves and fittings for
the Water Division of the General Services Department.
6-M: PROPERTY DEVELOPMENT STANDARDS/R1 DISTRICT: Ordinance No.
1424 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROVIDING PROPERTY DEVELOPMENT STANDARDS FOR
THE Rl DISTRICT PENDING ADOPTION OF REVISED ZONING ORDINANCE,"
introduced for first reading on October 21, 1987, thereby
providing property development standards for property located in
the R1 district as set forth in the Draft Zoning Ordinance and
including height limits for accessory structures in the Rl
property development standards, was adopted.
6-0: SALARY AND BENEFITS/CITY CLERK: Resolution No. 7514 (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.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Presented for approval were the minutes
of the City Council meeting of October 13, 1987. Council~ember
Reed moved to approve the minutes of october 13, 1987. Second by
Councilmember Finkel. The motion was approved, Mayor Pro Tempore
H. Katz and Councilmember A. Katz abstained.
6-N: CITY LANDMARKS: Presented was a recommendation to direct
the Ci ty Attorney to prepare an amendment to Municipal Code
sections 9611.D and 9612.L of the Landmarks Ordinance to protect
designated City landmarks from demolition. Councilmember Zane
introduced discussion. Councilmember Zane moved to continue this
as a lO-Item at the next Council meeting in order to facilitate
Council discussion. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion was unanimously approved.
8-A: HOTEL DEVELOPMENT ON MAIN STREET: Presented was an
ordinance for introduction and first reading amending the text of
the Comprehensive Land Use Ordinance to permit hotels on portions
of Main street between pier Avenue and the south City limits.
Discuss ion was held. The publ ic hearing was declared opened.
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October 27, 1987
76
Julie Lopez Dad, Dr. Geraldine Moyle, Joseph Cook, Laurel
Roennau, Elsa Petrucelli, and Tony Haig spoke in opposition to
the proposed amendment to the Land Use Ordinance. Peter
DeKrassel spoke in favor of the proposed amendment. The public
hearing was declared closed. Mayor Conn moved to introduce an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE
ORDINANCE BY AMENDING SECTION 9119B OF THE SANTA MONICA MUNICIPAL
CODE TO ALLOW HOTELS AS A CONDITIONALLY PERMITTED USE IN CERTAIN
SPECIFIED AREAS OF THE "CM" MAIN STREET SPECIAL COMMERCIAL
DISTRICT", reading by title only and waiving further reading
thereof. Second by Councilmember Jennings. councilmember Zane
moved an amendment to the motion to limit the designation to
Marine street south. The amendment was accepted as friendly by
the maker of the main motion. Discussion was held. The
amendment was accepted as friendly by the second. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: councilmembers Jennings, A. Katz, H.
Katz, Reed, Mayor Conn
Negative: councilmembers Finkel, Zane
8-B: REPLICA FIREARMS: Presented was an ordinance for
introduction and first reading entitled : "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3512 TO
THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE BRANDISHING OF
REPLICA FIREARMS AND REQUIRING WARNING LABELS IN CONNECTION WITH
THE SALE OF ANY REPLICA FIREARMS." Discussion was held. The
public hearing was declared opened. Jerry Rubin and Michelle
Phill ips spoke in favor of banning the sale of all repl ica
firearms. The public hearing was declared closed. Discussion
was held. councilmember A. Katz moved to adopt an ordinance
amended to prohibit the sale of replica firearms in the City.
Second by Councilmember Zane. Discussion was held. Mayor Pro
Tempore H. Katz moved a substitute motion to approve the staff
recommendation and introduce the ordinance as written. Second by
Councilmember Reed. Discussion was held. The substitute motion
failed by the following vote:
council vote: Affirmative: Counci1member Reed,
Tempore H. Katz
Mayor
Pro
Negative: councilmembers Finkel, Jennings, A.
Katz, Zane, Mayor Conn
Discussion was held. Councilmember A. Katz moved to table the
motion to the next council meeting. Second by Councilmember
Reed. The motion was unanimously approved.
II-A: THIRD STREET MALL/FINAL DESIGN APPROVAL: Presented was a
recommendation to approve the final design for the Third street
Mall and Downtown Assessment District Improvement Project,
authorize solicitation of bids for landscaping, and appropriate
$45,000 for landscaping deposit. Boris Dramov of ROMA Design
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October 27, 1987
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Group, chief proj ect architect, presented a description of the
proposed design elements for the Third street Mall. Discussion
was held. Council moved to hear from members of the public. Joy
Fullmer expressed concerns regarding financial backing and
selection of trees. Joseph Mont, Gwen Pentacost, Tom Carroll,
Robert Bundy, Ed Wenner, Ernie Kaplan and Sy Bram spoke in favor
of the proposed design. Paul Leaf, Bruria Finkel and Lindsay
Shields spoke in favor of art to be incorporated in the proposed
design. Mayor Pro Tempore H. Katz moved to approve the staff
recommendation, thereby approving the Third Street mall final
Design Plan, and directing staff to transmit any comments to the
Steering Committee and the consultant team for consideration in
the preparation of the Construction Documents; authorizing staff
to solicit bids for the purchase of 106 Jacaranda Mimosifolia and
42 Cassia leptophylla trees; and appropriating $45,000.00 at
Account No. 01-720-263-000-921 for the deposit on the purchase of
the trees noted above. Second by Councilmember Zane.
Councilmember Zane moved an amendment to direct staff to work
with the Arts commission and the Third street Development
Corporation to develop a budget, a financing plan, and the
selection process for the installation of significant artwork --
in particular, in the fountains, at the central plaza island, and
at the gateway islands -- and to report to Council within six
weeks. The amendment was accepted as friendly by the maker and
the second. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
ll-B: SANTA MONICA AIRPORT RESIDUAL LANO: Presented was a
recommendation to authorize the City Manager to negotiate and
execute an Exclusive Negotiating Agreement with Reliance
Development Group and begin negotiating necessary agreements for
leasing and development of the residual land parcel at Santa
Monica Airport; and to authorize an EIR, public workshops and
hearings. Discussion was held. Mayor Conn moved to hear from
members of the public for three minutes each, and to hear from
the developer's representatives for five minutes each. Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.
Member of the public Joy Fullmer expressed concerns regarding
property development by foreign companies and the need for
residential development in the project. Barna Szabo of Goldrich
& Kest Industries expressed concerns regarding the choice of
developer for the parcel and requested a two-week continuance to
review accuracy of the figures. Discussion was held. Jim Readle
of Watt Investment Properties, Inc., spoke to assure that they
are ready to enter into negotiations if needed. Discussion was
held. Mayor Conn moved to approve the staff recommendation in
regard to leasing and development of the residual land parcel at
the Santa Monica Airport, thereby, (1) authorizing the city
Manager to negotiate and execute Contract No. 5039(CCS), an
exclusive negotiating agreement with Reliance Development Group;
(2) authorizing the City Manager to begin exclusive negotiations
with Reliance Development Group necessary disposition,
development lease and any other necessary agreements; (3)
authorizing staff to prepare an Environmental Impact on the
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October 27, 1987
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proposed development project and conduct public workshops and
hearings to solicit public, Board, and Commission recommendations
on the development scheme; (4) directing staff to return to the
ci ty Council in August 1988 (revised below to July 1988) to
present the agreement documents and development project for final
city Council approval; and (5) authorizing staff to commence
negotiations with Watt Investment Properties should negotiations
with Reliance Development Group on the financial terms of a lease
agreement be unsuccessful. Second by Mayor Pro Tempore H. Katz.
Discussion was held. councilmember Reed proposed an amendment to
the motion to substitute the word "July" for the word uAugust" in
subsection (4). The maker and second accepted the amendment as
friendly. Discussion was held. Mayor Pro Tempore H. Katz moved
to continue the City council meeting past 12:00 a.m. Second by
Councilmemher Reed. The motion regarding meeting extension was
unanimously approved. Discussion was held. The motion to
approve the staff recommendation was approved by the following
vote:
Council vote: Affirmative: Councilmemhers Jennings, A. Katz, H.
Katz, Reed, Zane, Mayor Conn
Abstain: Councilmember Finkel
l1-C: ARTWORK IN PALISADES PARK: Presented was a recommendation
to approve siting of a privately funded public sculpture by Baile
Oakes in palm grove south of Palisades Park Rose Garden.
Discussion was held. Sculptor Baile Oakes answered questions
from Council regarding the installation and the siting of the
artwork. Member of the public Lindsay Shields spoke in favor of
the proposed artwork and a Master Arts Plan. Mayor Pro Tempore
H. Katz moved to approve the staff recommendation, thereby
approving installation of sculpture "Gestation III" to be sited
in Palisades Park Rose Garden. Second by Councilmember Zane.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Negative: councilmember Reed
Councilmember Reed requested the record to reflect that her
reasons for voting no are due to the lack of a specific policy on
use of public park-space for placement of sculpture, and also the
complete lack of notification to park users or park neighbors for
this particular art development endeavor.
11-0: CLOSED SESSION: Considered later in the evening.
12-A: DEVELOPMENT REVIEW/2801 SANTA MONICA BOULEVARD: Presented
was an appeal of Planning commission denial of Development Review
367, EIA 836, Zone Change 28, to permit removal of a 21 unit
motel and construction of a 4 story, 66 room addi tion to an
existing 3 story, 82 room hotel with 118 on-site parking spaces
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October 27, 1987
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at 2801 Santa Monica Boulevard. Applicant/Appellant: Ron
Milberger for Solberg and Lowe Architects, A.I.A., continued from
October 13, 1987. Discussion was held. Doug Lowe spoke in
support of the proposal on behalf of the applicant/appellant.
Discussion was held. Councilmember A. Katz moved to extend the
meeting to 1:00 a.m. second by Councilmember Reed. The motion
failed. councilmember Jennings moved to extend the meeting to
12:30 a.m. Second by Councilmember Reed. The motion was
approved. Members of the public Kelly Olsen, Jack Baptista and
Barry Joffe opposed the appeal. Donald Lewin Nelson spoke in
favor of the staff recommendation. Gordon Gitlin spoke in favor
of the appeal. Discussion was held. Pro Tempore H. Katz moved
to deny the appeal and remand the proposal back to the Planning
Commission for the purpose of studying parking, code compliance,
loading zones, landscaping of the lot, and height. Second by
Councilmember Finkel. Discussion was held. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
Mayor Conn moved to continue the meeting to 1:00 a.m. Second by
Councilmember Finkel. The motion was appoved.
13-A: HOMELESS LIVING IN CARS: Presented was the request of
Marvin Talmar to address Council regarding homeless people living
in cars. Mr. Talmar was not present. Councilmember A. Katz
moved to receive and file. Second by Councilmember Finkel. The
motion was unanimously approved.
l3-B: SCHOOL TAX/737 NAVY STREET: Presented was the request of
Michael Folonis to address Council regarding school tax related
to property located at 737 Navy Street. Discussion was held.
Councilmember Reed moved to direct staff to present the facts of
this particular circumstance in support of Mr. Folonis to the
School Board. Second by Councilmember Finkel. The motion was
unanimously approved.
l4-A: ART IN PUBLIC PLACES: Presented was a request of
Councilmember Finkel to discuss instructing staff to develop a
policy requiring private development funds for art in public
places. Discussion was held. Councilmember Finkel moved to
direct staff to study other Percent for Arts from private
construction programs, to determine which programs are
appropriate models for an ordinance to be adopted by council
either whole or in part, to direct the City Attorney's staff to
examine any recommendation that staff may consider appropriate in
the context of the Nolan case, to determine whether it stands the
scrutiny of constitutionality under that decision. Second by
Councilmember Zane. Discussion was held. Councilmember Reed
proposed an amendment to the motion to direct the City Attorney
to determine if Percent for Art programs can, in concept, be
considered under the Nolan decision. The amendment was accepted
as friendly by the maker and the second. The motion was
unanimously approved.
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14-B: PRESIDENTIAL CANDIDATE FORUMS: Presented was a request of
Councilmember Finkel to discuss instructing staff to provide an
updated report on proposed presidential candidate forums.
Discussion was held. Councilmember Finkle moved to direct staff
to present Council with a staff report on this matter as an "11"
item at the next Council meeting. Second by Councilmember A.
Katz. The motion was unanimously approved.
Il-D: 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 : 50 a. m. , Council adj ourned to
Closed Session to consider personnel matters and the following
cases: E. Coleman v. city of Santa Monica, Santa Monica
Municipal Court Case No. 87 K 13080; Southern California Edison
Co. v. City of Santa Monica, Santa Monica Superior court Case No.
WEC 108 737; Claim of Craig Medoff, Claim No. ASM 87-187.
Council reconvened at 12:50 a.m. with Councilmembers H. Katz,
Zane and Mayor Conn absent. Councilmember Jennings moved to
approve the following settlements: Coleman v. city of Santa
Monica, $5,500; Southern California Edison Company v. City of
Santa Monica, $16,868.50; Medoff v. City of Santa Monica, $8,005.
Second by Councilmember Reed. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, Reed
Absent: Councilmembers H. Katz, Zane, Mayor
Conn
ADJOURNMENT: Mayor Conn entered at 1:02 a.m. At 1:03 p.m., the
meeting was adjourned.
~TT;~,~~
~~ A~n M. Shore
() C~ ty Clerk
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october 27, 1987
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