M-12/13/1988
52
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 13, 1988
A meeting of the Santa Monica City Council was called to order by
Mayor Zane at 7:31 p.m., on Tuesday, December 13, 1988, in the
Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
councilmember Judy Abdo
Councilmember Ken Genser
Councilmember william H. Jennings
(arrived at 10:20 p.m.)
Councilmember Herbert Katz
Councilmember Christine E. Reed
Also Present: City Manager John Jalili
city Attorney Robert M. Myers
city Clerk Clarice E. Johnsen
CLOSED SESSION: Not held.
councilmember Reed led the assemblage in the Pledge of Allegiance
to the Flag of the United States of America.
Inspiration was provided by flutist Kerry Walsh. A reading from
the play, Gulls, was performed by Jeff Doucette and puppeteers
Richard McLaughlin and Sally Shore, from the Powerhouse Theatre.
5-A: COUNCI~1EMBER ALAN KATZ CO}illENDATION: Mayor Conn presented
former Councilmember Alan Katz with a proclamation and a plaque
in recognition of his service to the City as a councilmember for
the past three years.
REDEVELOPMENT AGENCY SPECIAL MEETING
Council adjourned and reconvened as the Redevelopment Agency.
Roll Call: Present: Chairperson Dennis Zane
Chairperson Pro Tempore David B. Finkel
Agency Member Judy Abdo
Agency Member Ken Genser
Agency Member Herbert Katz
Agency Member Christine E. Reed
Absent: Agency Member william H. Jennings
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Clarice E. Johnsen
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December 13, 1988
53
RA-l: MINUTES APPROVAL: The Redevelopment Agency minutes of
August 9, 1988, were presented for approval. Agency Member Katz
moved to approve the Redevelopment Agency minutes as presented.
Second by Agency Member Reed. The motion was approved, Agency
Hembers Abdo and Genser abstained. Agency Member Jennings was
absent.
JOIN'T l'IEETING OF REDEVELOPMENT AGENCY AND CI'TY COUNCIL
Council reconvened to a j oint meeting with the Redevelopment
Agency.
CC/RA-2: REDEVELOPMENT AGENCY FISCAL YEAR 87-88 ANNUAL REPORT:
Presented for approval, was the Fiscal Year 1987-88 Annual Report
for the Redevelopment Agency. Discussion was held. Agency
Member Finkel moved on behalf of the Redevelopment Agency to
approve the Annual Report, and to direct the Executive Director
to transmit the Report to the California Department of Housing
and Community Development. Second by Agency Member Katz. The
motion was approved by the following vote:
Agency vote: Approved 6-0
Absent: Agency Member Jennings
Councilmember Reed moved to approve the Annual Report on behalf
of the City Council. Second by Councilmember Genser. The motion
was approved by the following vote:
Council vote: Approved 6-0
Absent: Councilmember Jennings
ADJOCRNMENT: At 7:55 p.m., the Redevelopment Agency meeting was
adjourned.
CITY COUNCIL MEETING RECONVENED
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 approve the Consent Calendar with the exception of Items
6-0, 6-R, and 6-T, reading ordinances and resolutions by title
only and waiving further reading thereof. Second by
councilmember Katz. The motion was approved by the following
vote:
Council vote: Approved 6-0
Absent: councilmember Jennings
6-A: MINUTES APPROVAL: 'The City council minutes of November 22,
and the minutes of two special meetings held November 29, 1988,
were approved as written.
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December 13, 1988
54
6-B: NOISE MONITORING SYSTEM/SANTA MONICA AIRPORT: Resolution
No. 7727(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CERTIFYING THE AVAILABILITY OF MATCHING
FUNDS AND AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE
DOCUIvfENTS FOR A $202,000 GRANT FROM THE STATE DEPARTMENT OF
TRANSPORTATION DIVISION OF AERONAUTICS AID TO AIRPORTS PROGRAM
FOR A NOISE HONITORING SYSTEM AT SANTA MONICA AIRPORT," Has
adopted, thereby certifying the availability of local matching
funds and authorizing the City Manager to file an application and
negotiate and execute grant documents pursuant to the grant
agreement between the City of Santa Monica and the State of
California Department of Transportation, and approving the
creation of an appropriate revenue account to receive the grant.
6-C: STREET IMPROVEMENTS/COLORADO AVENUE BETWEEN 14TH AND 20TH
STREETS: Resolutl.on No. 7728(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF 'IHE CITY OF SANTA MONICA ACCEPTING THE
ASSIGNHENT OF COUNTY OF LOS ANGELES FEDERAL-AID URBAN FUNDS IN
THE AMOUNT OF $140,000," was adopted, thereby accepting the
assignment of County of Los Angeles Department of Public Works
Federal-Aid Urban funds in the amount of $140,000 for street
improvements on Colorado Avenue bettveen 14th and 20th Streets.
6-D: PHYSICALLY HANDICAPPED PARKING ZONE/2501 CENTINELA AVENUE:
Resolution No. 7729(CCS) entitled: itA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE
FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 2501 CENTINELLA
AVENUE," Has adopted.
6-E: PALM AVENUE RECONSTRUCTION AT WOODLAWN CEMETERY: A
Recommendation to award contract No. 5251(CCS) to Excalibur
Contracting, Inc., in the amount of $22,250 for the
reconstruction of Palm Avenue between Delaware Avenue and Myrtle
Avenue at Woodlawn Cemetery, and authorizing the utilities
Manager to issue any change orders necessary to complete
additional work as required in an amount not to exceed the funds
available in conformance with the Administrative Instruction on
Change Orders was approved.
6-F: ARTICULATED LOADER/SOLID WASTE MANAGEMENT DIVISION: Bid
No. 2186 was awarded to Coastline Equ~pment as the lowest and
best bidder I in the amount of $63 f 472.94 from account number
27-710-441-000-915 and an additional appropriation of $30,027 was
approved to that account for the purchase of one new articulated
loader for the Solid Waste Management Division of the General
Services Department.
6-G: PAINT AND PAINT SUPPLIES: Bid No. 2195 \olaS a\..;arded to
Sinclair Paint Company as the lowest and best bidder, to furnish
and deliver miscellaneous paints and paint supplies at specified
unit prices.
6-H: WATER COOLING TOWER/CIVIC AUDITORIUM: Resolution No.
7730 (eCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
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December 13, 1988
55
CITY OF SANTA MONICA FINDING THE URGENT NECESSITY FOR AND
APPROVING THE CONTRACT EXECUTED BY THE CITY MANAGER FOR THE
EMERGENCY REPAIRS TO REPLACE THE COOLING Tot'>J'ER AT THE CIVIC
AUDI'IORIUM, II thereby authorizing the city ]'1anager to waive
competive bidding and negotiate and execute contract No.
5252(CCS) with Russell Heating and Air Conditioning in the amount
of $29,874 for the emergency replacement of the water cooling
tower at the Civic AUditorium, was adopted.
6-1: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7731 (CCS) entitled: IIA 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, DRIVE\'1AYS AND CURBS (SR-88-121),"
thereby setting a pUblic hearing for January 10, 1989, on the
assessment of costs to repair damaged sidewalks, driveways, and
curbs on various streets, was adopted.
6-J: GUTTER CONSTRUCTION/STREET RESURFACING: Resolution No.
7732 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA HONICA SETTING A PUBLIC HEARING FOR JANUARY 10,
1989, TO HEAR ANY PROTESTS OR OBJECTIONS TO 'IHE CONFIRMATION OF
ASSESSI1ENTS FOR GUl'I'ER INSTALLATION AND STREET RESURFACING ON
VARI01:S CITY STREETS, II was adopted.
6-K: FINAL MAP 35568/TENANT-PARTICIPATING CONVERSION/2216 4I'H
STREET: Resolution No. 7733 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 35568,1\ was adopted,
thereby approving Final Map 35568 for an 8-unit
tenant-participating conversion at 2216 4th street.
6-L: FINAL MAP 36504/TENANT-PARTICIPATING CONVERSION/1314 16TH
STREET: Resolution No. 7734(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 36504, II was adopted,
thereby approving Final Map 36504 for a 6-unit
tenant-participating conversion at 1314 16th street.
6-M: FINAL MAP 45775/TENANT-PARTICIPATING CONVERSION/2803
HIGHLAND AVENUE AND 630 RAYMOND: Resolution No. 7735(CCS)
entitled: "A RESOLUI'ION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION ]'ffiP FOR TRACT
NO. 45775,11 was adopted, thereby approving Final Map 45775 for a
6-unit tenant-participating conversion at 2803 Highland Avenue
and 630 Raymond Avenue.
6-N: FINAL MAP l8905/CONDOMINIVH PROJECT/2719 6TH STREET:
Resolution No. 7736 (CCS) entitled: IIA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 18905,11 was adopted, thereby
approving Final Tract Map 18905 for a 3-unit condominium at 2719
6th street.
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December 13, 1988
56
6-P: PORTABLE WELDING SERVICES/WATER/WASTEWATER DIVISION: Bid
No. 2200 was awarded to Paul's welding, as the lowest and best
bidder, to furnish portable welding services at a specified
hourly rate for a one-year period \./i th two one-year renewal
options, for the Water/Wastewater Division of the General
Services Department.
6-Q: MEAL SERVICE/SENIOR NUTRITION DIVISION: Bid No. 2199 was
awarded to Cabaret Catering Company at a rate of $2.30 per meal
from account number 01-400-544-000-437 to furnish and deliver hot
meals for the Senior Nutrition Division of the Cultural and
Recreation Services Department.
6-8: INSTALLATION OF MODULAR BUILDING AT CITY HALL: Resolution
No. 7738(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA WAIVING THE COl.fPETITIVE BID PROCEDURE AND
AUTHORIZING DIRECT NEGOTIATION FOR A MODULAR BUILDING FOR
INSTALLATION AT CITY HALL," was adopted, thereby waiving the
competitive bid procedure and authorizing the sole source
procurement of a suitable, immediately available, used modular
building, and appropriating $45,000 from the General Fund
Reserves to account number 01-710-451-263-961 for the purchase of
the building.
END OF CONSENT CALENDAR
6-0: FINAL MAP 19993/CONDOMINIUM PROJECT/703 PACIFIC STREET:
Presented ~laS a recommendation to adopt a resolution approving
Final Parcel Hap 19993 for a four-unit condominium building at
702 Pacific Street. Councilmember Katz abstained from the
discussion and vote on this item due to a possible conflict of
interest. Councilmember Reed moved to approve the staff
recommendation and adopt Resolution No. 7737 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING SUBDIVISION MAP OF PARCEL NO. 19993."
Second by Councilmember Abdo. The motion was approved by the
following vote:
Council vote: Approved 5-0
Absent: Councilmember Jennings
Abstain: Councilmember Katz
6-R: DEED RESTRICTIONS/OPTION AGREEMENT/1851-1901 AND 1907 11TH
STREET: Presented was a staff report regarding the proJect
status and options for disposition of property at 1851-1907
Eleventh Street. Discussion was held. Member of the public Joy
Fullmer expressed her concerns regarding the staff
recommendation. Councilmember Genser moved to approve the staff
recommendation, thereby authorizing the City Manager to negotiate
with HUD and the County of Los Angeles the terms of a new Deed
Restriction and Option Agreement to include the provisions stated
in the staff report dated December 13, 1988; to release the
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December 13, 1988
57
existing covenants recorded against the property in favor of the
covenants contained in the new Deed Restriction and Option
Agreement: and authorize the City Manager to proceed to
negotiate.
Council vote: Approved 6-0
Absent: councilmember Jennings
6-T: CONDITIONAL USE PERMIT/NEW PIPELINES: Presented was a
staff report transmitting a resolution initiating a text
amendment to the Comprehensive Land Use and zoning Ordinance to
require Conditional Use Permits for new pipelines. Discussion
was held. Councilmember Reed moved to adopt Resolution No.
7739 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA INITIATING A TEXT AMENDMENT TO THE
COMPREHENSIVE LAND USE AND ZONING ORDINANCE TO REQUIRE
CONDI'IIONAL USE PERMITS FOR NEW PIPELINES, II with the following
amendments: section 9040.39, paragraph (d), subparagraph (2)1
amended to read: "Any pipeline used for the delivery of water or
the removal of sewage. II : and, Section 9040.39, paragraph (b)
amended to read: "No conditional use permit shall be issued for
a pipeline in any residential district or on any portion of a
street directly abutting any residential district. II Second by
councilmember Katz. The motion was approved by the following
vote:
Council vote: Approved 6-0
Absent: Councilmember Jennings
7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report for a public hearing on the assessment of costs to repair
damaged sidewalks 1 driveways and curbs. The public hearing was
declared opened at a: 11 p. m. There being no one v-l1shing to
speakl the public hearing was declared closed at 8:12 p.m.
Councilmember Finkel moved to approve the staff recommendation,
acknowledge the absence of any protestsl and adopt Resolution No.
7740(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CONFIID1ING THE REPORT OF THE SUPERINTENDENT
OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND
CURBS (SR-aa-12 0) . II Second by Councilmember Katz. The motion
was approved by the following vote:
Council vote: Approved 6-0
Absent: Councilmernber Jennings
a-A: PLAN FEES: Presented was a staff report transmitting an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Section 7504 and adding Section 7505 of the
Santa Honica Municipal Code to establish charges for special
provisions and plans, and center tie line and tract map service.
The public hearing was declared opened at 8:15 p.m. There being
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December 131 1988
58
no one wishing to speak, the public hearing was declared closed
8:16 p.m. Councilmember Reed moved to approve the staff
recommendation and introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN~A
MONICA M-IENDING SANTA MONICA MUNICIPAL CODE SECTION 7504 AND
ADDING SECTION 7505 OF THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH CHARGES FOR SPECIAL PROVISIONS AND PLANS, AND CENTER
TIE LINE AND TRACT MAP SERVICES," reading by title only and
waiving further reading thereof. Second by Councilmember Abdo.
The motion was approved by the following vote:
Council vote: Approved 6-0
Absent: Councilmernber Jennings
8-B: UNA'C'THORIZED TREE REMOVAL: Presented was a staff report
transmitting an ordlnance for introduction and first reading
amending Section 7610 of the Santa Monica Municipal Code allowing
the City to charge a fee for the unauthorized removal of trees in
the City of Santa Monica. The public hearing was declared opened
at 8:16 p.m. Fredd Wayne expressed concern regarding the
destruction of ficus trees on Main street. Joy Fullmer expressed
concern regarding the removal of street trees by City employees.
There being no one else wishing to speak, the public hearing was
declared closed at 8:22 p.m. Discussion was held. councilmernber
Reed moved to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 7610 OF THE SANTA MONICA MUNICIPAL CODE ALLOWING
THE CITY TO CHARGE A FEE FOR THE UNAUTHORIZED REMOVAL OF TREES IN
THE CITY OF SANTA MONICA," reading by title only and waiving
further reading thereof, and to direct the administrative staff
to develop procedures, when following through on this ordinance,
that in every case, where possible, a large tree must be replaced
with a large tree. Second by Councilmember Genser. The motion
was approved by the following vote:
Council vote: Approved 6-0
Absent: Councilmember Jennings
8-C: RESIDENTIAL PROJECTS/ZONING REVIEW: Presented was a staff
report transmitting an ordinance for introduction and first
reading amending the Zoning ordinance to permit residential
projects with vesting maps to be reviewed under the proviSions of
the prior zoning ordinance. Discussion vIas held. The publ ic
hearing was declared opened at 8:30 p.m. Joy Fullmer expressed
concerns regarding replacement housing and requested the City to
modify the ordinance to encourage the development of new housing.
Behzad Kianmad spoke in support of the proposed ordinance. Mike
Massachi expressed concerns regarding the required property
set-backs. There being no one else wishing to speak, the public
hearing was declared closed at 8:40 p.m. Councilmember H. Katz
moved to introduce for first reading, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SANTA
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December 13, 1988
59
MONICA 11UNICIPAL CODE SECTION 9002.2 TO PER11IT RESIDENTIAL
PROJECTS WITH VESTING MAPS TO BE REVIEWED UNDER THE PROVISIONS OF
THE PRIOR ZONING ORDINANCE, II reading by title only and waiving
further reading thereof. Second by Mayor Pro Tempore Finkel.
The motion was approved by the following vote:
Council vote: Approved 6-0
Absent: Councilmember Jennings
8-0: NO SMOKING SIGNS IN RESTAURANTS: Presented was a staff
report transmitting an ordinance for introduction and first
reading amending Section 4924 of the Santa Monica Municipal Code
relating to the posting of No Smoking signs in restaurants.
Discussion was held. The public hearing was declared opened at
8: 45 p.m. There being no one wishing to speak, the public
hearing was declared closed at 8: 46 p.m. Councilmember Genser
moved to introduce for first reading an ordinance entitled: II AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4924 RELATING TO THE
POSTING OF NO SMOKING SIGNS IN RESTAURANI'S I II reading by title
only and waiving further reading thereof. Second by
Councilmember Katz. The motion was approved by the following
vote:
Council vote: Approved 6-0
Absent: councilmember Jennings
II-A: FEES FOR SIDEWALK/DRIVEWAY/CURB/GUTI'ER REPAIR: Presented
was a staff report transmitting a recommendation to adopt a
resolution to increase fees charged for sidewalk, driveway, curb
and/or gutter repair performed by city forces. Discussion was
held. Member of the public Joy Fullmer spoke in opposition to
the proposed resolution. Councilmember Katz moved to approve the
staff recommendation and adopt Resolution No. 7741(CCS) entitled:
"A RECOHMENDAI'ION OF THE CITY COUNCIL OF THE CITY OF SAN'IA MONICA
SETTING FEES CHARGED FOR STREET AND SIDEWALK REPAIR WHERE WORK IS
DONE BY CITY FORCES," reading by title only and waiving further
reading thereof. Second by Mayor Pro Tempore Finkel. The motion
was approved by the following vote:
Council vote: Approved 6-0
Absent: councilmember Jennings
11-B: CLOSED SESSION: Not held.
12-A: PLANNING CO~rnISSION APPEAL/CONDOMINIUM PROJECT/2824
ARIZONA: Presented was an appeal of a Plann1ng Commission
approval of Conditional Use Permit 333 and Vesting Tentative
Parcel Map No. 19937 to permit a 4-unit residential condominium
project at 2824 Arizona Avenue in the R2 Zone. Applicant: 2824
Arizona Avenue Partnership. Appellants: 2824 Arizona Avenue
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December 13, 1988
60
Partnership and Councilmember Herb Katz. steve Bacchetti spoke
on behalf of the applicant/appellant, in support of the appeal.
Hember of the public Joseph H. cahn spoke in support of the
appeal. Hr. Leo Cherne spoke in opposition to the appeal and
expressed concerns regarding access to the property and adjacent
properties by refuse and emergency vehicles. Mr. Bacchetti spoke
in rebuttal to the concerns expressed. Discussion was held.
Councilmember Genser moved to deny the appeal and remand the
project back to the Planning Commission waiving the filing fees.
Councilmernber Katz moved a substitute motion modify the Planning
Commission determination for CUP 533, uphold the appeal, and
approve the project under the old ordinance. Second by
Councilmernber Reed. Councilmember Genser moved to amend the
motion to include a condition to the Conditional Use Permit that
the site plan be approved by the Planning Commission. The
amendment failed due to lack of a second. The substitute motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz,
Reed, Mayor Zane
Negative: Councilmember Genser
Absent: Councilmember Jennings
12-B: PLANNING COHHISSION APPEAL/CONDOMINIUM PROJECT/928 19TH
STREET: Presented was an appeal of a Planning Commision
Condition of Approval for Conditional Use Permit 535 and Vesting
Tentative Tract Map 46393 for a 6-unit condominium project at 928
19th Street that requires the revision of a proposal filed prior
to adoption of the amended zoning ordinance to comply vli th the
new zoning ordinance development standards. Applicant: Behzad
Kianmahd. Appellant~ Councilmember Herb Katz. Councilmember
Katz as the appellant, yielded his time to the applicant. Joseph
H. Cahn spoke on behalf of the applicant in support of the
appeal. Councilmember Katz moved to modify the Planning
Commission determination for CUP 535 and Vesting Tract Map 46393
to parmi t the development to move ahead under the old zoning
ordinance. Second by councilmember Reed. Discussion was held.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz,
Reed, Mayor Zane
Negative: Councilmember Genser
Absent: Councilmember Jennings
At 9:20 p.m., Council recessed for a short break. At 9:25 p.m.,
Council reconvened.
12-C: PLANNING COM}1ISSION APPEAL/RESTAURANT/309 BROADWAY:
Presented was an appeal of a Planning Commission technical denial
of Conditional Use Permit 88-009 to allO'iv an increase in the
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December 13, 1988
61
number of seats in a previously approved restaurant located at
309 Broad\.,ay from 200 to 250 and the issuance of a General
Alcohol License to allow on-site and off-site consumption.
Applicant: Janss Corporation. Discussion was held. William
Janss and Bruce Marder spoke on behalf of the applicant and in
support of the appeal. Member of the public Michel Richard, and
Tom Carroll, Director of the Bayside District Corporation, spoke
in support of the appeal. Marvin Zeidler, David Lewis, Nancy
Tierney, Joy Fullmer, and Brian Tait-Russell spoke in opposition
to the appeal. Applicant Bruce Marder spoke in rebuttal to the
opposition. Councilmember Reed moved to approve the appeal with
the conditions listed in the supplemental memorandum of the
Planning staff dated November 16, 1988, with the following
changes: page 5, delete Special Condition 1 i page 5 and 6,
delete the language of Alcohol Outlet Condition 1 and substitute
liThe off-site sale of alcoholic beverages shall be incidental to
the sale of food": amend Alcohol Outlet Condition 3 to read:
"'The primary use of the premises shall be for the sale of food,
both sit-down meal service to patrons, and food for take-out II i
delete the language of Alcohol Outlet Condition 4 and substitute
"That on the off-site sale of alcoholic beverages, no single
bottles or cans of beer or wine coolers, shall be sold for for
off-site consumption, and with the exception of certain specialty
wines, no bottles of wine smaller than 750ml shall be sold for
off-site consumption, and at no time shall inexpensive
"fortified" wines be sold from the premises. II Second by
Councilmember Katz. The motion was approved by the follm.ling
vote:
Council vote: Approved 6-0
Absent: Councilmember Jennings
Councilmember Jennings entered the Council Chambers at took his
place at the dais at 10:20 p.m.
12-0: PLANNING CO~rnISSION APPEAL/AUTOBODY REPAIR SHOP:
Presented was an appeal of a Planning Commission approval and
conditions of approval of Conditional Use Permit 88-004 to allow
the operation of an autobody repair shop in an existing Light
Industrial building located at 3401 Exposition Boulevard in the
C5 zone. Applicant: Kramer Motors. Appellant: Mayor Pro
Tempore David B. Finkel. Mary Rose spoke on behalf of the
appellant, in opposition to the proposed project. Sherman Stacey
spoke in behalf of the applicant, in support of the project.
Discussion was held.
Mayor Pro Tempore Finkel moved to extend the meeting to 12: 00
a.m. Second by Councilmember Genser. The motion was unanimously
approved.
Members of the public Bert staggers, Carol Anderson, Joe Kenny,
John Hruby, Angeline Hruby, George IShihara, Joe Schacherer, Don
Birkett, Peter Tigler, Donna Alvarez, Sue Kuwano, Tak Sumi,
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December 13, 1988
62
Dianne Glinos, Ken Ward, and Joy Fullmer spoke in opposition to
the proposed proj ect. Sherman stacey spoke in rebuttal to the
opposition. Mayor Pro Tempore Finkel moved to find that
autobody repair shops be declared not to be a permitted use,
within the meaning of Section 9021.2 of the Santa Monica Zoning
Ordinance, in the C5 zone. Second by Councilmember Reed. During
discussion, Councilmember Reed withdrew her second, and Mayor Pro
Tempore Finkel restated his motion to be "That council make a
determination that the use that's involved in this case is not a
permitted use as a matter of right under Section 9021.2 in the C5
zone. Which means, it mayor may not qualify as a conditional
use depending upon whether a CUP is granted, but this type of use
\dll not be permitted as a matter of right." At the City
Attorney's recommendation, Mayor Pro Temore Finkel withdrew the
motion, and moved to uphold the appeal and deny Conditional Use
permi t 88-004 on the grounds that it is not a use for which a
Conditional Use Permit may be issued. Second by Councilmember
Katz. Discussion was held. The motion was unanimously approved.
Mayor Pro Tempore Finkel moved to direct staff to investigate the
appropriateness of severing from the C5 district certain
geographical areas between Olympic Boulevard and Exposition, and
between Stewart and centinela, to protect residential areas that
abut the C5 district, and also to make recommendations to Council
regarding areas that can be preserved for light industrial uses.
Second by Councilmember Katz. The motion was unanimously
approved.
Councilmember Reed moved to continue the meeting to 12: 30 a.m.
Second by Councilmember Jennings. The motion was approved.
12-E: PLANNING COMMISSION APPEAL/TEN-MINUTE OIL CHANGE
FACILITY/2338 PICO BOULEVARD: Presented was an appeal of a
Planning Commission technical denial of Development Review 464 to
allow the construction and operation of a 3,106 square foot
building located at 2338 pico Boulevard to be utilized as a
ten-minute oil change facility. Applicant: Ken Keatts.
Appellant: Ken Keatts. Discussion was held. Paul DeSantis
spoke on behalf of the applicant/appellant, in support of the
appeal. ~'Iembers of the public Eric Chen, Emmalie Hodgin, Art
Casillas, Kathleen T. Schwallie, and Bill Putnam spoke in
opposition to the appeal.
councilmember Katz moved to
Second by Councilmember Reed.
extend the meet ing to 1: 00
The motion was approved.
a.m.
Paul Desantis and Douglas Lowe spOke in rebuttal to the
opposition. Jim Shannahan spoke in rebuttal to the proponents of
the project.
Discussion was held. councilmember Katz moved to deny the
appeal. Second by Mayor Pro 'Tempore Finkel. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
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December 13, 1988
63
13-A: EDGEMAR PROJECT: The request of steve Spencer to address
Council regarding Edgemar Art Museum Project was continued as a
13-Item at the next regularly scheduled Council meeting (January
10, 1989) at the request of Mr. Spencer.
13-B: ARCHITECTURAL REVIEW BOARD/245 HOLLISTER: Presented was
the request of James Lunsford to address Council regarding
Architectural Review Board's consideration of a proj ect at 245
Hollister. Mr. Lunsford spoke on behalf of the owners and
tenants of 2328 3rd Street regarding the lack of public notice
for a hearing held by the Architectural Review Board regarding
this property. Discussion was held. Mayor Pro Tempore Finkel
moved to request staff to review the procedures of the
Architectural Review Board together with the City Attorney's
Office, and to return to Council with recommendations as to
whether any procedural adjustments are in order to guarantee that
there will be procedural due process in the Architectural Review
Board proceedings. Second by Councilmember Katz. The motion was
unanimously approved.
13-C: LICENSING FEES/PROFESSIONAL MASSAGE TECHNICIAN: The
request of Noranna M. Daly to address Council regarding licensing
fees for professional massage technician was wi thdravTn at the
request of Ms. Daly.
13-D: PERMIT PARKING/22ND STREET BETWEEN PEARL STREET AND OCEAN
PARK BOULEVARD: The request of Jackie Lawson to address Council
regarding the implementation of permit parking on 22nd street
betvleen Pearl and Ocean Park Boulevard. Ms. La\'lson addressed
Council on behalf of the residents of 22nd Street between Pearl
street and Ocean Park Boulevard.
Councilmember Reed moved to extend the meeting to 1: 30 a. m.
Second by Mayor Pro Tempore Finkel. The motion was approved.
Discussion was held. Mayor Pro Tempore Finkel moved to direct
City staff talk with staff at Santa Monica College to explore de
facto remedies for the aberrational parking problem on 22nd
Street. Second by Councilmember Genser. During discussion, with
the consent of the maker and second of the motion, the direction
to staff was changed to a request of the Council to allow staff
to act in a more informal fashion.
13-E: SECURITY AT CLOVER PARK: The request of Brian Ouzounian
to address Council regarding security at Clover Park was
continued to the next regularly scheduled Council meeting
(January 10, 1989) at the request of Mr. Ouzounian.
l4-A: APPOINTMENT OF CITY REPRESENTATIVE TO METROPOLITAN WATER
DISTRICT: Presented was the matter of appointing the City of
Santa Monica's representative to the Metropolitan Water District.
At this time, Mayor Zane directed Councilmember Reed to abstain
from any discussion or vote on this item. Councilmember Genser
moved to appoint Councilmember Reed. Second by Councilmember
12
December 13, 1988
64
Abdo. The motion to appoint Councilmember Reed was approved by
the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Therefore, councilmember Reed was appointed as
representative to the Metropolitan \vater District
ending December 31, 1992.
the
for
City's
a term
Abstain: Councilmember Reed
14-B: BAYSIDE DISTRICT CORPORATION: Presented was the matter of
the acceptance of a letter of resignation from Jon Schatz of the
Bayside District corporation and authorization to City Clerk to
publish a notice of vacancy. Councilmember Reed moved to accept
Mr. Schotz's resignation with great regret and authorize the City
Clerk to publish a notice of vacancy. Second by Mayor Pro
Tempore Finkel. The motion was unanimously approved.
14-C: PIER RESTORATION CORPORATION: Presented was the matter of
authorizing the City Clerk to publish a notice of vacancy for the
appointment of two members to the Pier Restoration Corporation,
due to vacancies created by the election of two new
Councilmembers. councilmember Reed moved to authorize the city
Clerk to publish a notice of vacancy, with the appointments to be
made at the city Council meeting of January 10, 1989. Second by
Mayor Pro Tempore Finkel. The motion was unanimously approved.
14-D: CITY COUNCIL CABLE CASTS : Presented was the request of
Councilmembers Reed and Abdo to discuss directing staff to
implement live city Council cablecasts. Councilmembers Abdo and
Reed initiated discussion. Councilmember Reed moved to
accomplish, as fast as possible, no later than the second meeting
in February, the cablecasting of Council meetings, and that
Council guarantee that Council will start with that meeting if
not a meeting sooner. Second by Councilmember Abdo.
Councilmember Katz moved to amend the motion to allow Council to
review a staff report on the costs involved, the value of delayed
broadcasts, and the effect on KCRW I S radio broadcasts, before
Council sets a date certain to begin the cablecasts, and that the
staff report be presented to Council by the first meeting in
January. The motion was accepted as friendly by the maker and
second of the main motion. Discussion was held. The motion, as
amended, was approved. Councilmember Jennings was opposed.
Councilmember Genser moved to extend the meeting to 2:00 a.m.
Second by Councilmember Katz. The motion was approved.
14-E: APPOINTMENT OF LIAISONS TO PUBLIC A~ENCIES, BOARDS,
COMHISSIONS: Presented was the matter of the appointment of
liaisons to various public agencies, boards and commissions.
Discussion was held. Mayor Zane, with council concurrence,
13
December 13, 1988
65
appointed the following liaisons to public agencies, boards and
commissions:
commission
Liaison(s)
Airport Commission
councilmembers Katz and
Abdo
Architectural Review Board
councilmember Katz
Arts Commission
Councilmembers Finkel and
Katz
Commission on Older
Americans
councilmernber Finkel
Commission on the status
of Women
councilmember Abdo
Landmarks Commission
Councilmember Genser
councilmember Jennings
Councilmember Reed
Councilmember Genser
councilmember Abdo and
Councilmember Jennings
Councilmember Reed
Councilmember Finkel
Library Board
Personnel Board
Planning Commission
Recreation and Parks
Commission
Social Services Commission
Convention and Visitors
Bureau
Pier Restoration Corp. Mayor Zane and
councilmernber Katz
Bayside District Corp. Mayor Zane and
Councilmernber Katz
Accessibility Appeals Board Councilrnernber Genser
Metropolitan Water District Councilmember Reed
SCRTD Councilmember Reed
So. Cal. Assoc. of Councilmernbers Reed
Governments and Finkel
U.S. Conference of Mayors Mayor Zane and
Councilmernber Finkel
14 December 13, 1988
66
Independent cities of
Los Angeles County
Councilmember Katz
(Delegate)
Councilmember Abdo
(Alternate)
League of California Cities
Los Angeles County
Councilmember Finkel
(Delegate)
Councilmember Reed
(Alternate)
National League of Cities
Mayor Zane, Councilmember
Finkel
City/School Committee
Councilmembers Jennings
and Finkel
City/College Committee
Councilmembers Katz and
Finkel
l4-F: COUNCIL CHAMBERS FEE: Presented was the request of Mayor
Zane to waive the fee for use of the Council Chambers by the
state Lands Commission on December 13, 1988. Councilmember Reed
moved to vlaive the fee for the use of the Council Chambers.
Second by Councilmember Katz. The motion was unanimOUSly
approved.
l4-G: INDIVIDUAL WATER METERS FOR NEW HOUSING UNITS: Presented
was the request of Councilmember Reed to discuss direction to
staff to prepare an ordinance to require individual water meters
for all new housing units constructed in Santa Monica.
Councilmember Reed initiated discussion and moved to direct staff
to draft the appropriate ordinances, and seek the approval of the
appropriate commissions, to require individual water meters for
all new construction housing units in the City. Second by
councilmember Jennings. Mayor Pro Tempore Finkel moved to amend
the motion to delete the drafting of an ordinance. The amendment
was accepted as friendly by the maker and the second of the
motion. The motion, as amended, was approved.
15. PUBLIC INPUT: There were no speakers.
ADJOURNMENT: Mayor Zane announced, with Council's concurrence,
the cancellation of the City Council meeting of December 27,
1988.
At 1:35 a.m., the Council meeting was adjourned in memory of Lisa
Endig.
ATTEST:
/.~ ~~i)
:p~/[4:JC-- ~ i, . v1.AU'1A.---
-clari~e E. ;ohn "en
City Clerk
APPROVED:
f)i") 1 ~
Dennis Zane
Mayor
15
December 13, 1988
bl
NOTICE OF CANCELLATION OF MEETING OF
SANTA MONICA CITY COUNCIL
DECEMBER 27, 1988
NOTICE IS HEREBY GIVEN that the regularly scheduled meet~ng
of the Santa Mon~ca C~ty Councll to be held at 7:30 P.M.,
on Tuesday, Decemebr 27, 1988, In the Council Chambers,
1685 Maln Street, Santa Monlca, has been cancelled by
act~on of the Clty Councll at thelr meet~ng held December
13, 1988
~~T/]/...
-Clarlce E. Johnsen, ~
Clty Clerk