M-2/9/1988 (4)
151
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 9, 1988
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 6:12 p.m., on Tuesday, February 9, 1988, in the
Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herbert Katz
(entered at 6:15 p.m.)
Councilmember David B. Finkel
Councilmember William H. Jennings
councilmember Alan S. Katz
Councilmember Dennis Zane
Absent: Councilmember Christine E. Reed
Also Present: city Manager John Jalili
Assistant City Attorney Joseph Lawrence
Acting City Clerk Donna R. Betancourt
5S-1: PIER DEVELOPMENT PROGRAM: A study session was held for
the purpose of Council review and discussion of the Santa Monica
pier Development Program. (See Item 10-B.)
ADJOURNMENT OF STUDY SESSION: At 7:37 p.m., the study Session
was adjourned.
REGULAR CITY COUNCIL MEETING
A meeting of the Santa Monica City Council was called to order at
7:45 p.m., on Tuesday, February 9, 1988, in the Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herbert Katz
Councilmember David B. Finkel
Councilmember William H. Jennings
councilmember Alan s. Katz
Councilmember Dennis Zane
Absent: Councilmember Christine E. Reed
Also Present: city Manager John Jalili
City Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
CLOSED SESSION: Not held.
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February 9, 1988
152
Mayor Conn led the assemblage in the Pledge of Allegiance to the
United States of America.
4-A: CAL-OSHA WEEK: Mayor Conn
declaring the week of March 6 - 12,
Santa Monica.
presented a proclamation
1988 as Cal-OSHA week in
4-B: BOARDS/COMMISSIONS: The
applications are invited to fill
Commission.
City Clerk announced that
a vacancy on the Landmarks
CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING
A special joint meeting of the city council and Parking Authority
was called to order by Chairperson Conn at 7:53 p.m.
Roll Call: Present: Chairperson James P. Conn
Chairperson Pro Tempore Herbert Katz
Authority Member David B. Finkel
Authority Member william H. Jennings
Authority Member Alan S. Katz
Authority Member Dennis Zane
Absent: Authority Member Christine E. Reed
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
PA-1: MINUTES APPROVAL: The Parking Authority minutes of
October 13, and october 27, 1987, were presented for approval.
Authority Member Finkel moved to approve the minutes as written.
Second by Authority Member Jennings. The motion was unanimously
approved 4-0, Chairperson Pro Tempore H. Katz and Authority
Member A. Katz abstaining, Authority Member Reed absent.
CC/PA-2: SENIOR HOUSING/1121-35 3RD STREET: Presented was the
matter of a public hearing and resolution on the proposed General
Plan Amendment 10 and authorization of the negotiation and
execution of necessary documents for the sale af air rights over
Parking Lot 3 at 1121-35 3rd Street for the development of senior
housing. Discussion was held. The public hearing was declared
opened. Kristin Tuite spoke in support of the proposed
development. There being no one else wishing to speak, the
pUblic hearing was declared closed. councilmember Zane moved to
approve the staff recommendation, thereby adopting Resolution No.
7549 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING AN AMENDMENT TO THE LAND USE AND
CIRCULATION ELEMENTS OF THE GENERAL PLAN," reading by title only
and waiving further reading thereof; authorizing the City Manager
to execute a Quitclaim Deed and any other documents necessary to
transfer ownership of Parking Lot Three from the Parking
Authority to the city; authorizing the City Manager to negotiate
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153
and execute Contract No. 5059(CCS), an Agreement for Sale of Air
Rights, which shall include the provisions detailed in the staff
report dated February 9, 1988, and any other documents necessary
to accomplish the sale of the air-rights over Parking Lot Three
to Santa Monica RHF Housing, Inc.; authorizing the City Manager
to execute Contract No. 5060 (CCS), a Payment Agreement between
the city and the Parking Authority providing that revenues
collected by the City from the project's public parking meters be
paid to the Parking Authority; and to include in the motion that
Council retains the right to name the project, and will do so in
a timely manner. Second by Mayor Pro Tempore H. Katz. The
motion was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Reed
Parking Authority Member Zane moved to approve the staff
recommendations, thereby authorizing the Executive Director to
execute a Quitclaim Deed and any other documents necessary to
transfer ownership of Parking Lot Three from the Parking
Authority to the City, and authorizing the Executive Director to
execute a Payment Agreement between the City and the Parking
Authority providing that revenues collected by the City from the
project's public parking meters be paid to the Parking Authority.
Second by Authority Member Finkel. The motion was approved by
the following vote:
Authority vote: Unanimously approved 6-0
Absent: Authority Member Reed
ADJOURNMENT: At 8:10 p.m., the special joint City Council and
Parking Authority meeting was adjourned.
CITY COUNCIL MEETING RECONVENED
Mayor Pro Tempore H. Katz moved to hear Item 7-A jointly with
Item 12 -A. Second by Councilmember Finkel. The motion was
unanimously approved.
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. Mayor Pro Tempore H.
Katz moved to approve the Consent Calendar with the exception of
Items 6-C, 6-H, and 6-L, reading ordinances and resolutions by
title only and waiving further reading thereof. Second by
Councilmember Finkel. The motion was approved by the following
vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Reed
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154
6-A: MINUTES APPROVAL: The City Council minutes of January 12,
January 19, January 20, January 21, January 26, February I, and
February 2, 1988, were approved as written.
6-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7550 (CCS) entitled: "A 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, DRIVEWAYS AND CURBS (SR-88-107)"
was adopted, thereby setting a public hearing for March 8, 1988,
on the assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets.
6-D: TENANT PARTICIPATING CONVERSION!735 MARINE STREET:
Resolution No. 7552 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 1832l" was adopted, approving
Final Map No. 18321 for Tenant-Participating Conversion TPC-042
of 4 units at 735 Marine Street.
6-E: TENANT PARTICIPATING CONVERSION/1240 FRANKLIN STREET:
Resolution No. 7553 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 45140" was adopted, approving
Final Map No. 45140 for Tenant-Participating Conversion TPC-043
of 7 units at 1240 Franklin Street.
6-F: TENANT PARTICIPATING CONVERSION/1328 18TH STREET:
Resolution No. 7554 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 44292" was adopted, approving
Final Map 44292 for Tenant-Participating Conversion TPC-026 of 6
units at 1328 18th Street.
6-G: APPOINTMENT TO METROPOLITAN WATER DISTRICT BOARD:
Resolution No. 7555 (CCS) entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPOINTMENT OF
CHRISTINE E. REED TO THE BOARD OF THE METROPOLITAN WATER
DISTRICT" was approved, thereby appointing Christine E. Reed to
the Metropolitan Water District Board to fill the unexpired term
ending December 31, 1988.
6-I: MISCELLANEOUS VALVES AND COCKS: Bid No. 2167 was awarded
to Brandon Industrial supply at specified unit prices to furnish
and deliver miscellaneous valves and cocks for various
departments.
6-J: GANN OVERRIDES/JUNE 1988 BALLOT MEASURES: A recommendation
to direct the City Attorney to prepare appropriate June 1988
ballot measures to renew the ci ty 's three existing Gann Limit
overrides (Police and Protective Services, Capital Improvement
and Outlays, and Tenant Ownership Rights Charter Amendment) for
an additional four years was approved.
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6-K: SOUTH BEACH PARK BARBEQUE GRILLS/TABLES: A recommendation
to make adjustments in the number and arrangement of South Beach
Park barbeque grills and tables, as specified in the staff report
and its supplement dated February 9, 1988, and authorizing the
expenditure of $12,100 for concrete work, resodding, and other
related modifications to the area was approved.
END OF CONSENT CALENDAR
6-C: VACATION/22ND COURT: Presented was a staff report
recommending setting a public hearing for March 8, 1988, on the
vacation of a portion of 22nd Court between Arizona Avenue and
Santa Monica Boulevard. Councilmenl.ber Zane withdrew from the
discussion and vote due to a possible conflict of interest.
Mayor Pro Tempore H. Katz moved the staff recommendation, thereby
adopting Resolution No. 7551(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION
TO ORDER THE VACATION OF A PORTION OF A CERTAIN ALLEY KNOWN AS
TWENTY-SECOND COURT, BETWEEN ARIZONA AVENUE AND SANTA MONICA
BOULEVARD, IN THE CITY OF SANTA MONICA, CALIFORNIA, II reading by
title only and waiving further reading thereof, setting a public
hearing for March 8, 1988. Second by Councilmember A. Katz. The
motion was approved by the following vote:
council vote: Unanimously approved 5-0
Abstain: Councilmember Zane
Absent: Councilmember Reed
6-H: VACATION/PICO PLACE NORTH: Presented was a staff report
recommending setting a public hearing for March 8, 1988, on the
vacation of a portion of Pico Place North from Appian Way to 122
feet east of Appian way. Discussion was held. Mayor Pro Tempore
H. Katz moved the staff recommendation, thereby adopting
Resolution No. 7556 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO
ORDER THE VACATION OF A PORTION OF A CERTAIN STREET KNOWN AS PICO
PLACE NORTH BETWEEN APPIAN WAY AND 122 FEET EAST OF APPIAN WAY
AND TWO PUBLIC SERVICE EASEMENTS IN THE CITY OF SANTA MONICA,
CALIFORNIA, It reading by title only and waiving further reading
thereof, setting a public hearing for March 8, 1988. Second by
counci1member Jennings. The motion was approved by the following
vote:
council vote: Affirmative: Councilmembers Jennings, A. Katz, H.
Katz, Zane, and Mayor Conn
Negative: Councilmember Finkel
Absent: Councilmember Reed
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156
Councilmember Finkel requested the record to reflect that he will
never vote no for something he has never seen.
6-L: CABLE TELEVISION FRANCHISE/CENTURY SOUTHWEST: Presented
was a recommendation to consider the award of a cable television
franchise to Century Southwest Cable Television, Inc., on
February 23, 1988. Councilmember Finkel moved to approve the
staff recommendation, as amended, thereby setting the date for
Council consideration of the award of the franchise for March 8,
1988. Second by Councilmember A. Katz. Discussion was held.
The motion was unanimously approved 6-0, Councilmember Reed
absent.
7-A: VACATION/PORTION OF 24TH STREET: A public hearing on the
vacation of a portion of 24th Street between Santa Monica
Boulevard and Santa Monica Place South, continued from January
12, 1988, was continued to February 23, 1988, as a "5" Item.
7-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and public hearing on the assessment of costs to repair
damaged sidewalks, driveways and curbs (SR-88-105). The public
hearing was declared opened. Mrs. P. M. Simms and Joy Fullmer
spoke in opposition to the assessment. There being no one else
wishing to speak, the public hearing was declared closed.
Discussion was held. Mayor Pro Tempore H. Katz moved the staff
recommendation, thereby adopting Resolution No. 7557 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS
(SR-88-105) , tI reading by title only and waiving further reading
thereof, and directing the Director of General Services to
consult with Mrs. Simms on her driveway damage and to verify the
cost of her sidewalk repair to be sure that it is proper. Second
by Councilmember Finkel. The motion was approved by the
following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Reed
8-A: AIDS DISCRIMINATION: Presented was a staff report
transmitting an ordinance for introduction and first reading
adding Chapter 9C to Article IV of the Municipal Code to prohibit
discrimination against persons with AIDS, a history of AIDS, or
persons regarded as having or transmitting AIDS. Discussion was
held. The public hearing was declared opened. Judy Abdo, Jim
Dionisio, Mallory Freeman, Stephen Kolzak, and John Doe spoke in
support of the proposed ordinance; John Jurenka spoke in
opposition. There being no one else wishing to be heard, the
public hearing was declared closed. Councilmember A. Katz moved
to introduce for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
CHAPTER 9C TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE TO
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PROHIBIT DISCRIMINATION AGAINST PERSONS WITH AIDS, A HISTORY OF
AIDS, OR PERSONS REGARDED AS HAVING OR TRANSMITTING AIDS,"
reading by title only and waiving further reading thereof.
Second by Councilmember Zane. Discussion was held. The motion
was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Reed
Councilmember A. Katz moved to direct staff to develop an AIDS
education program for consideration during the Fiscal Year
1988-89 budget process, and to consider ways of cooperating with
the School District in their on-going needs and programs for
educating students concerning this disease. Second by
Councilmember Finkel. The motion was unanimously approved 6-0,
Councilmember Reed absent. Councilmember Zane moved to direct
staff to send copies of this ordinance and staff report to other
California Cities, urging them to take similar action. Second by
Councilmember A. Katz. During discussion, with the consent of
the maker and second, the motion was amended to direct staff to
communicate Council's action and the rationale to other cities in
the best way possible. The motion was unanimously approved 6-0,
Councilmember Reed absent.
8-B: DEVELOPMENT AGREEMENT/J. H. SNYDER CO. (WATER GARDENS):
Presented was a staff report transmitting an ordinance for
adoption and second reading approving the Development Agreement
with J. H. Snyder Co. II to permit development of The Water
Garden, an office complex in the Special Office District,
vicinity of Colorado Avenue, Olympic Boulevard, Cloverfield
Boulevard and 26th street, introduced January 26, 198B.
Discussion was held. Mayor Pro Tempore H. Katz moved to adopt
Ordinance No. 1433 (CCS) enti tIed: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT
AGREEMENT BETWEEN THE J. H. SNYDER COMPANY II AND THE CITY OF
SANTA MONICA," reading by title only and waiving further reading
thereof, thereby approving Contract No. 5061(CCS), with direction
to staff to execute an agreement spelling out mandatory
compliance for the wastewater recycling system, and return to
Council for approval before execution (within the 30 days before
the ordinance becomes effective). Second by Councilmember A.
Katz. Discussion was held. Councilmember A. Katz moved to amend
the motion to strike the word "recycling" from the motion and
direct staff to develop a mandatory compliance agreement that
would reduce sewage usage by at least 30%. The amendment was
accepted as friendly by the maker of the motion. The motion was
approved by the following vote:
Council vote: Affirmative: councilmembers Jennings, A. Katz, H.
Katz, and Mayor Conn
Negative: Councilmembers Finkel and Zane
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153
Absent: councilmember Reed
councilmember Finkel requested the record to reflect that the
reason for his no vote is that this Council does not seem to
understand the importance and the necessity of refusing to
approve development agreements until it has first dealt with the
problems which the agreements create.
Councilmember Zane requested the record to reflect that in view
of the fact that this is the largest development ever proposed in
the city of Santa Monica, it is unsatisfactory to him to have an
agreement that does not carefully and immediately upon adoption
of the agreement protect the community from the sewage created,
much less from the traffic.
with regard to a petition presented to the city Council
requesting that the development agreement be amended to provide
that $1 million of the housing and park funds be allocated for
the establishment of a permanent police substation in the pico
Neighborhood, Mayor Conn noted that the 1987-88 City budget
provides funds for a neighborhood storefront station for a pOlice
presence in the pica Neighborhood, and that Council and staff
intend for tha t program to go forward. A pol ice storefront
station is not dependent upon funds from this or any other
developer.
10-A: COMMISSION ON OLDER AMERICANS/MEDI-CAL PATIENTS IN NURSING
HOMES: Presented was a staff report by the the Commission on
Older Americans recommending City Council endorsement of a report
on the problems with placement of Medi -cal patients in nursing
homes, prepared by the Commission and the Santa Monica Area
Health Action Coalition. Councilmemher Finkel moved to approve
the staff recommendation. Second by Mayor Pro Tempore H. Katz.
The motion was unanimously approved, Councilmember Reed absent.
IO-B: PIER DEVELOPMENT GUIDELINES: Presented was a staff report
by the Pier Restoration Corporation recommending approval of the
Santa Monica Pier development program and adoption of design
guidelines. Discussion was held.
councilmember A. Katz moved to continue the meeting to 1:00 a.m.
Second by Councilmember Finkel. The motion was unanimously
approved.
Councilmember A. Katz moved to hear from members of the public on
Item lO-B for two minutes each. Second by Councilmember Finkel.
The motion was unanimously approved. The following spoke in
support of the proposed Pier development program and design
guidelines: Beverly Moore, Michael Hill, Dietrich Pahnke, Lee
Vasquez, Russ Barnard, Aaron Krieger, Sandra Riegner, Art Botham,
Linda Kling, Michael Scanlan, Ed Simmons, Ray Davis, Ralph
Mechur, and Mitchell Lachman. The following spoke in opposition:
John Jurenka, Hae-Ju Kim, Marlene Lieberman, Warren Moore, and
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159
Joanie Gordon. Cheri Dickinson, Chris Mendelson, and Michael
Lieberman expressed concerns regarding traffic; Mark Mendelson,
Bob De Lapina, Mike Mendelson, and Mr. Sou expressed concern
about the lack of a breakwater. Mayor Pro Tempore H. Katz moved
to adopt the Santa Monica Pier Design Guidelines with additional
wording that the goal is to give preference to incorporating the
existing tenants into the development, as long as the quality and
diversity of the product is not diminished. Second by
Counci1member Zane. Discussion was held. Councilmember Finkel
moved an amendment to the motion to establish procedures whereby
if an existing lessee is one of the applicants for the lease and
meets the criteria as set forth in all respects as well as any
other applicant, then the existing tenant gets the nod by virtue
of his existing lease. The amendment was accepted as friendly by
the maker and second of the motion. The motion, as amended, was
approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Reed
ll-A: WESTSIDE CHILDREN'S MUSEUM: A recommendation to fund the
Westside Children's Museum in the amount of $26,940 for start-up
funds for rent at the Madison School site was withdrawn at the
request of staff.
I1-B: CITY-WIDE SIGNAGE PROGRAM: A recommendation to approve
the Master Plan and Graphics standards Manual for the
comprehensive City-wide signage program was continued to February
16, 1988.
ll-C: MID-YEAR BUDGET REVIEW: A recommendation to approve the
Mid-Year Budget review report, adopt resolutions affecting
revenues and expenditures, and approve personnel actions was
continued to February 16, 1988.
I1-D: CLOSED SESSION: 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 was continued to February 16, 1988.
12-A: DEVELOPMENT REVIEW/2336 SANTA MONICA BLVD.: An appeal of
the Planning Commission approval of Development Review 369 at
2336 Santa Monica Boulevard for a three story, 27,637 square foot
medical office building with 122 parking spaces (Applicant:
William Brantley for Parks ide West Development. Appellant:
Rosario Perry for Tom and Dolores Rheinschilds and Marc
Sabatini), and consideration of a resolution certifying the Final
Environmental Impact Report, was continued to February 23, 1988,
as a "5" Item.
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13-A: MILES PLAYHOUSE: The request of Gregory W. Schmidt to
address council regarding the Miles Playhouse was continued to
February 16, 1988.
13-B: PARKING PERMITS/1150 18TH STREET: The request of Robin
Pullara to address Council regarding parking permits at ll50 lath
street was continued to February 16, 1988.
l3-C: 2-HOUR PARKING/I100 BLOCK OF 18TH STREET: The request of
Dr. Susan Rennie to address council regarding the 2-hour parking
limit in the 1100 block of 18th street was continued to February
16, 1988.
l4-A: VEHICLE STORAGE/FRONT YARDS: The request of
Councilmembers H. Katz and Reed to discuss adding a Municipal
Code section regarding storing cars, boats, trailers, or other
vehicles in front yards was continued to February 16, 1988.
15. PUBLIC INPUT: No requests to speak were submitted.
Councilmember A. Katz moved to continue the public hearing for
Item 7-A, opened on January 12, to be considered with Item 12-A,
both to be continued as "5" Items on February 16, 1988. Second
by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
ADJOURNMENT: At 12:00 P.M., the meeting was adjourned in memory
of Ruth Harris, to 5:30 P.M. on Tuesday, February 16, 1988, to
consider Items 11-B, 11-C, 11-D, 13-A, 13 -C, and 14-A.
S~T:~d~
Donna R. Betancourt
Acting City Clerk
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February 9, 1988