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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 1 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. 2 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 3 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. 4 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 5 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 6 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 7 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 8 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 9 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, 10 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 11 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