M-7/28/1987 (2)
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 28, 1987
A special meeting of the Santa Monica City council was called to
order by Mayor Conn at 6:15 p.m., on Tuesday, July 28, 1987, in
the Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
(entered at 6:35 p.m.)
Councilmember David B. Finkel
Councilmember William H. Jennings
(entered at 7:20 p.m.)
Councilmember Alan S. Katz
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: city Manager John Jalili
City Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
58-I: THIRD STREET MALL DESIGN: Presented was a study session
and recommendation to approve the conceptual design plan for the
Third street Mall and Downtown Assessment District Improvement
Project. A presentation was made by the ROMA Design Group.
Discussion was held. Councilmember Zane moved to approve the
staff recommendation, thereby approving the Third Street Mall
Conceptual Design Plan and directing staff to transmit any
comments to the Steering committee and consultant Team for
consideration in the preparation of the final Mall Design Plan.
Second by Mayor Pro Tempore H. Katz. Councilmember Finkel moved
an amendment to the main motion that the center portion of the
design concept (the driving area) not be set up by any specific
mechanism, such as a curb divider, but rather staff be instructed
to come back with a recommendation as to what the best way to
have the trilogy division of the width of the mall be, with a
view towards decisions being made at a later date as to how best
to have that width division. During discussion, it was
determined that the amendment is implicit in the main motion, and
Councilmember Finkel withdrew his motion. Councilmember Zane
moved an amendment to the main motion to ask the consultants and
steering Committee to include in the design a location for a
child play area that might be adaptable for child care, places
for elderly people to congregate in specialized areas for games,
etc., and to include opportunities for artist-developed elements
in the major zones: the Plaza, the Gateway, and the Garden Plaza.
The motion failed for lack of second. Discussion was held. The
main motion was approved by a voice vote of 6 to 1, Councilmember
Finkel opposed.
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Councilmember Finkel requested that the record reflect his no
vote is because he is very worried about the decision that is
being made to open the middle section of the Mall for vehicular
travel.
ADJOURNMENT: At 7:55 p.m., the special meeting was adjourned.
REGULAR CITY COUNCIL MEETING:
The regular meeting of the City Council was called to order by
Mayor Conn at 8:20 p.m. Councilmember Reed led the assemblage
in the pledge of allegiance to the United states of America
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember David B. Finkel
Councilmember William H. Jennings
Councilmember Alan S. Katz
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
Acting city Clerk Donna R. Betancourt
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 8:25 p.m.
Roll Call: Present: Chairperson James P. Conn
Chairperson Pro Tempore Herb Katz
Authority Member David B. Finkel
Authority Member William H. Jennings
Authority Member Alan S. Katz
Authority Member Christine E. Reed
Authority Member Dennis Zane
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
CC/PA-1: ACCESSIBILITY MODIFICATIONS: Presented was a
recommendation to award a contract to Kevin Kraus in the amount
of $69,680 to construct accessibility modifications at Douglas
Park, Memorial Park, and Parking Structures One through Six, and
a request for Parking Authority Appropriation Authority.
Councilmember Finkel moved to approve the staff recommendation.
Second by Mayor Pro Tempore H. Katz. The motion was approved by
the following vote:
Council vote: Unanimously approved 7-0
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Authority Member A. Katz moved to approve
recommendation. Second by Member Finkel. The
approved by the following vote:
Authority vote: unanimously approved 7-0
Therefore, Contract No. 4997(CCS) in the total amount of $69,680 ..
was awarded to Kevin Kraus to construct accessibility
modifications at Douglas Park, Memorial Park, and parking
structures One through Six; the City Engineer was authorized to
issue any necessary change orders to complete additional worki
and appropriation authority at Account No. 77-770-610-000-921 was
increased by $18,954.
the staff
motion was
ADJOURNMENT:
adjourned.
At 8: 32 p. m., the Parking Authority meeting was
REGULAR CITY COUNCIL MEETING RECONVENED
5-A: DEVELOPMENT REVIEW/730 ARIZONA: Presented was an appeal of
Planning commission approval of Development Review 358 for a
four-story, mixed-use building with retail/commercial space and
residential units at 730 Arizona Avenue, continued from July 21,
1987 (Applicant: Vito Cettai Appellant: Karen Blanchard).
Discussion was held. Diane Abbitt, representing the Appellant,
spoke in support of the appeal. vito Cetta, the Applicant, spoke
in support of the project. Member of the public, Joy Fullmer,
expressed concern regarding alley traffic. Discussion was held.
Mayor Pro Tempore H. Katz moved to remand the project back to the
Planning Commission for consistency with the residential
neighborhood, to keep residential portions in the plan, a restudy
regarding going over the basic recommended FAR, and study ingress
and egress. Second by Councilmember A. Katz. Councilmember Zane
moved a substitute motion to approve the staff recommendation,
thereby denying the appeal and approving Development Review 358
and a Negative Declaration for EIA 834 with the findings and
conditions contained in the May 4, 1987 Planning Commission
Statement of Official Action. Second by Councilmember Reed. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Jennings, Reed,
Zane, Mayor Conn
Negative: councilmembers Finkel, A. Katz,
H. Katz
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
all items are approved in one motion unless removed from the
calendar for discussion. Councilmember Reed moved to approve the
Consent Calendar with the exception of Items 6-C, 6-E, and 6-1,
reading ordinances and resolutions by titles only and waiving
further reading thereof. Second by Councilmember Finkel. The
motion was approved by the following vote:
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July 28, 1987
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Council vote:
Affirmative: Councilmembers Finkel, Jennings,
H. Katz, Reed, Zane, Mayor Conn
Absent: Councilmember A. Katz
6-B: SALARY CLASSIFICATION/DIRECTOR OF CULTURAL & RECREATIONAL
SERVICES: Resolution No. 7474 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE
FOR THE CLASSIFICATION OF DIRECTOR OF CULTURAL AND RECREATIONAL
SERVICES" was adopted, thereby establishing the salary rate for
the new classification, and approving the new classification of
Director of Cultural and Recreational Services, the revised
classification specifications for Librarian III, Parking Meter
Collector, Police Cadet, and Senior Parking Checker.
6-D: ADJUSTMENT/VARIANCE/USE PERMIT PROCEDURE: Ordinance No.
1413 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE
ORDINANCE BY ADDING SECTION 9147 TO THE SANTA MONICA MUNICIPAL
CODE TO PERMIT THE CONCURRENT PROCESSING OF ADJUSTMENTS,
VARIANCES, OR USE PERMITS FILED IN CONJUNCTION WITH PROJECTS
REQUIRING PLANNING COMMISSION APPROVAL" was adopted, having been
introduced July 14, 1987.
6-F: HANDICAP RAMP CONSTRUCTION: Contract No. 4998 (CCS) was
awarded to Damon Construction Co., in the amount of $37,420 to
construct handicapped ramps at various locations, and the City
Engineer was authorized to issue any neccesary change orders to
complete additional work.
6-G: WASTEWATER FACILITIES REPLACEMENT: Contract No. 4999(CCS)
was awarded to Grbavac and prkacin in the amount of $579,350 for
Wastewater Facilities replacement of sewer mains in: 16th Court
from Georgina Avenue to Montana Place North, Montana Place North
from 4th Street to 7th street and 15th court to 16th Court,
Georgina Place North from Lincoln Boulevard to 11th street,
Broadway from 23rd Street ot 25th Court, Autoway from Appian Way
to Ocean Avenue; and replacement of storm drain dry well in Ocean
Park Place South at 25th Street; and the City Engineer was
authorized to issue any change orders necessary to complete
additional work as required in an amount not to exceed the funds
available.
6-H: ROOF REPAIR: Contract No. 5000(CCS) in the amount of
$65,200 was awarded to Rey-Crest Roofing & waterproofing Company
for repair and replacement of roofs at Marine Park and the
Traffic Operations Maintenance Shop at the city Yards; the City
Engineer was authorized to issue any necessary change orders to
complete additional work; Hared Construction Co. was relieved of
its bid for repairing and replacing roofs at Marine Park,
portions of the City Hall roof, and the Traffic Operations
Maintenance Shop at the city Yards because of an error in its bid
preparation; and the necessary account adj ustments were
authorized.
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END OF CONSENT CALENDAR
6-C: WOODLAWN CEMETERY PRICES: Presented was a staff report
recommending adoption of a resolution establishing prices for
services and property at Woodlawn Cemetery and Mausoleum.
Discussion was held. Councilmember Reed moved to approve the
staff recommendation, thereby adopting Resolution No. 7475 (CCS) I~
entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REPEALING RESOLUTION NO. 6636(CCS) AND ADOPTING THE PRICE
AND FEE SCHEDULE FOR PROPERTY AND SERVICE COLD AT WOODLAWN
CEMETERY AND MAUSOLEUM,tI reading by title only and waiving
further reading thereof, with direction to staff to investigate
the possibility of changing the hour at which staff overtime
begins (currently at 3: 00 p.m.) Second by Councilmember Zane.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
6-E: WEED ABATEMENT ROLL: Presented was a staff report
recommending confirmation of the cost of the abatement work and
the Assessment Roll pertaining to the 1987 Weed Abatement
Program. Member of the public, Archie Arzooyan, expressed
concern regarding the use of vacant lots as disposal sites.
councilmember Finkel moved to approve the staff recommendation,
thereby confirming the 1987 Weed Abatement Assessment Roll.
Second by Councilmember Reed. The motion was unanimously
approved.
6-I: PARKING METER PURCHASE: Presented was a staff report
recommending award of a bid to furnish and deliver parking
meters. Councilmember Finkel withdrew from participation in the
discussion and vote due to a conflict of interest. Councilmember
Zane moved to approve the staff recommendation, thereby awarding
Bid. No. 2126 in the total amount of $323,122.92 to Duncan
Industries to furnish and deliver parking meters for the Traffic
Engineering Division. Second by Councilmember A. Katz.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: councilmembers Jennings, A. Katz,
H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
Abstain: Councilmember Finkel
8-A: CULTURAL AND RECREATION SERVICES DEPARTMENT: Presented was
a staff report transmitting an ordinance for introduction and
first reading adding Municipal Code Sections 2230 and 2231,
creating the Cultural and Recreation Services Department. The
public hearing was declared opened. There being no one wishing
to be heard, the public hearing was declared closed.
Councilmember Zane moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
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CITY OF SANTA MONICA ADDING SECTIONS 2230 AND 2231 TO THE SANTA
MONICA MUNICIPAL CODE CREATING A CULTURAL AND RECREATION SERVICES
DEPARTMENT, II reading by title only and waiving further reading
thereof. Second by Councilmember A. Katz. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
8-B: PARKING METER ZONES F AND G: Presented was a staff report
transmitting an ordinance for adoption and second reading
amending Municipal Code section 3393F and adding Municipal Code
Section 3393G relating to parking meter Zones F and G, introduced
July 14, 1987. Councilmember Finkel withdrew from the discussion
and vote due to a conflict of interest. Discussion was held.
Councilmember Zane moved to adopt Ordinance No. 1414(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTION 3393F OF AND ADDING SECTION 3393G TO THE
SANTA MONICA MUNICIPAL CODE RELATING TO PARKING METER ZONES F AND
G," reading by title only and waiving further reading thereof,
thereby providing for 25 cents per hour parking meters in the
Downtown parking structures. Second by Councilmember Jennings.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
Abstain: Councilmember Finkel
Councilmember Reed requested that the record reflect that her no
vote is because she does not approve of parking meters in the
parking structures.
At 9:45 p.m., Council took a 15 minute recess.
8-C: OCEAN PARK DOWNZONING: Presented was a staff report
transmitting an ordinance for introduction and first reading
limiting development in the Ocean Park area pending planning
studies. Discussion was held. The following members of the
public spoke in support of the proposed ordinance: Johanne Todd,
Mallory Pearce, Geraldine Moyle, Tony Haig, Laurel Roennau, Julie
Lopez Dad, Sara Faulds, Henry Curtis, Leslie Lambert, and Ralph
Mechur. Wayne Hall, Archie Arzooyan, Karl Rydgren, Joy Fullmer,
Lewis Flinkman, Laurie Heyman, Tom Raichel, Dan Ragan, and Bruce
Dickinson spoke in opposition to the downzoning concept. Mehrdad
Farivar, Penny Perlman, and Judy Abdo spoke in support of the
Planning Commission I s recommendations of July 27, 1987; Paul
Bezaire requested a personal exemption from the ordinance.
Councilmember Reed moved to hear from those submitting late
requests to speak. The motion was duly seconded and unanimously
approved. Forrest Chadwick, G. Mermon, and Kevin Hearst spoke in
opposition to downzoning; Eric Parlee spoke in support of the
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July 28, 1987
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Planning Commission recommendation; and Neal Richman spoke on
behalf of Community Corporation.
During the public hearing, Councilmember A. Katz moved to extend
the meeting beyond 11:00 p.m. Second by Councilmember Reed. The
motion was unanimously approved.
Discuss ion was held. Mayor Pro Tempore H.
Item 12-A before continuing with this item.
seconded and unanimously approved.
Ka tz moved to hear
The motion was duly
(Continuation of this item appears following Item 13-C.)
II-A: CLOSED SESSION: Held later in the evening.
12-A: DEVELOPMENT REVIEW/2207 LINCOLN: Presented was an appeal
of the Planning commission denial of Development Review 376 for a
264 square foot addition to Taco Bell Restaurant at 2207 Lincoln
Boulevard (Applicant/Appellant: Taco Bell Corporation). Upon
staff recommendation and concurrence by Mr. Rocky Johnson, the
Taco Bell representative, Councilmember A. Katz moved to remand
the matter back to the Planning Commission due to significant
changes in the design of the project. Second by Councilmember
Finkel. The motion was unanimously approved.
Councilmember Reed moved to hear the "13" items before returning
to Item a-c. Second by Mayor Pro Tempore H. Katz. The motion
was unanimously approved.
13-A: PROPERTY CONFISCATION: Presented was the request of Diana
Feinstein to address Council regarding confiscation of real and
personal property. Ms. Feinstein spoke regarding lack of police
assistance when personal items were removed from her home and
requested that Council take action on the matter. There was no
motion to take action with this item.
l3-B: POLICE ACTION: Presented was the request of Nellie
Malicki to address Council regarding police action. Ms. Malicki
was not present to speak, therefore the request was received and
filed.
l3-C: USE OF SERGEANT AT ARMS AT PUBLIC MEETINGS: Presented was
the request of John Jurenka to address Council regarding police
used as sergeant at arms at public meetings. John Jurenka
expressed concern regarding the hiring of off-duty police
officers as "body guards" at Rent Control Board and city Council
meetings.
8-C: OCEAN PARK DOWNZONING (continuation): Discussion was held.
Mayor Pro Tempore H. Katz moved to direct the City Attorney to
draft an ordinance based on the Planning commission
recommendation dated July 27, 1987. Second by Councilmember
Reed. Discussion was held. Councilmember Finkel moved an
amendment to the main motion that when the proposed ordinance is
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July 28, 1987
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brought back, the ordinance currently before Council also be
presented, so that both ordinances are before Council for
simultaneous consideration. The amendment was accepted as
friendly by the maker and second of the main motion and
incorporated into the main motion. Discussion was held.
Councilmember Zane moved to amend the main motion to reflect, in
the interim ordinance, that current R2 zones be treated under the
standards of the R20QO ordinance, as initially presented. Second
by Councilmember Finkel. During discussion, Mayor Conn clarified
the amendment to be the Planning commission's recommendation that
R3 and R4 be treated as R2, but the R2 areas of Ocean Park would
be considered under the more stringent R2 000. Councilmember
Jennings moved an amendment that, rather than sUbstituting the
R2000 for the R2 in Councilmember Zane1s amendment, changing it
to be a directive to the City Attorney to bring back three
versions of the ordinance. With the concurrence of Councilmember
Zane, the amendment was accepted as friendly by the maker and
second of the original motion and included in the main motion.
Discussion was held. Councilmember A. Katz moved a substitute
motion to adopt the interim ordinance as written with the
following changes: The references to R2000 be changed to R2 and
the exemption of vacant lots be dropped. Second by Councilmember
Reed. During discussion, councilmember Reed clarified that the
substitute motion leaves intact all the language in the original
proposed ordinance having to do with the provision of low- and
moderate-income housing. Councilmember Finkel moved an amendment
to the substitute motion the concept that if any development is
100 percent low- to moderate-income housing, the current zoning
law will apply and the interim ordinance will not apply to that
particular project. Second by Councilmember Jennings. Upon
clarification by the City Attorney that such a project could be
built if the Planning commission made findings that the project
was not inconsistent with the objectives of the ordinance; the
maker and second of the amendment withdrew the amendment. The
substitute motion failed by the following vote:
council vote: Affirmative: Councilmembers A. Katz, Reed
Negative: Councilmembers Finkel, Jennings,
H. Katz, Zane, Mayor Conn
Councilmember Jennings moved an amendment to the main motion to
add to Section 2 (a) (7) of the proposed ordinance that if a
project has a completed application as of July 28, 1987, any
application for a downsized project on the same site, or part of
the same site, will be deemed complete as of July 28, 1987.
Second by Councilmember A. Katz. Discussion was held. The
amendment was accepted as friendly by the maker and second of the
main motion and incorporated into the main motion. Councilmember
Jennings moved an amendment to the main motion that if a
project's application is complete as of July 28, 1987, except as
to a Rent Control Board removal permit or if a complete
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July 28, 1987
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application for a Rent Control Board removal permit was filed
wi th the Board prior to July 28, 1987, the proj ect would be
deemed to have a completed application for the purposes of this
ordinance. During discussion, Councilmember Jennings revised the
motion that if the application to the Rent Control Board for a
removal permit was complete according to whatever their process
is, and if the Rent Control Board gives them the removal permit I
and they then file an application with the city for the
development, that application, irrespective of when it was filed,
would be deemed as though it were complete on July 28, 1987. The
motion failed for lack of a second.
Councilmember A. Katz moved an amendment to the main motion that
in the proposal he made before, the references to 2,000 square
feet be changed to 1,500 square feet in the original interim
ordinance and be brought back for a first reading. The amendment
was accepted by the maker and second of the main motion and
incorporated into the main motion.
The main motion, as amended, was unanimously approved.
Mayor Conn clarified that this will all be back before council on
August 11th, at which time a public hearing will be held.
Mayor Pro Tempore H. Katz left the Chambers at 12:45 a.m.
14-A: BOTTLE BILL FOR WINE/DISTILLED SPIRIT COOLERS: Presented
was the request of Councilmembers A. Katz and Reed to discuss a
local bottle bill for wine coolers and distilled spirit coolers.
councilmember Reed opened discussion and moved to direct staff to
prepare an ordinance to adopt locally which would include a
bottle recycling bill for wine coolers and distilled spirit
coolers in bottles and that such ordinance have a January 1989
implementation date. Second by Councilmember A. Katz.
Discussion was held. The motion was unanimously approved.
14-B: CONSTRUCTION OF TALL GARAGES: Presented was the request
of Councilmember Reed to discuss consideration of an emergency
ordinance to prevent construction of 30-foot tall "garages" in
the single family zone. Councilmember Reed opened discussion and
moved to direct staff to include in the RI Standards ordinance
zoning standards for ancillary buildings. Second by
Councilmember A. Katz. The motion was unanimously approved.
14-C: ARCHITECTURAL REVIEW BOARD: Presented was the matter of
acceptance of the resignation of Ralph Mechur from Architectural
Review Board and authorization to City Clerk to publish or post
notice of vacancy. Councilmember A. Katz moved to accept the
resignation with regret, noting that Mr. Mechur's resignation is
due to his recent appointment to the Planning Commission, and to
authorize the city Clerk to publish the notice of vacancy. The
motion was duly seconded and unanimously approved.
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July 28, 1987
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14-0: USE OF COUNCIL CHAMBERS: Presented was the request of
Mayor Conn to discuss waiving the fee for use of the Council
Chambers on September 24 and 25, 1987, by the California Energy
Commission. Councilmember Reed moved to waive the fee. Second
by Councilmember Zane. The motion was unanimously approved.
14-E: CENTER FOR INNOVATIVE DIPLOMACY: Presented was the
request of Councilmember Finkel to discuss possible affiliation
with the Center for Innovative Diplomacy, Local Elected Officials
Project. During discussion it was determined that Santa Monica
is already a member city. councilmember Finkel moved that the
Council reaffirm the intent to be a member of the body. Second
by Councilmember Zane. The motion was unanimously approved.
15: PUBLIC INPUT - Curt Ullman spoke regarding Police guards at
Rent control Board meetings.
II-A: CLOSED SESSION: Presented was a request for Closed
Session for the purpose of considering personnel matters and
threatened litigation, pending litigation and litigation to be
commenced by the City. At 12 : 55 a . m., Council adj ourned to
Closed Session to consider the following cases: Firemens Fund
Ins. v. City of Santa Monica, Santa Monica Claim No. MBL
86-11-101; Winters v. City of Santa Monica, Santa Monica Claim
No. ASM 87-1; Carl Lambert v. city of Santa Monica, at al., Santa
Monica Superior Court Case No. WEC 116125. At 1:35 a.m., Council
returned with five members present, Mayor Pro Tempore H. Katz and
Councilmember Zane absent.
Councilmember Reed moved to approve
the case of Firemens Fund Insurance,
Winters. Second by Councilmember
approved by the following vote:
settlements of $2,932.48 in
and $3,144.29 in the case of
A. Katz. The motion was
Council vote: Affirmative: Councilmembers Finkel, Jennings
A. Katz, Reed, Mayor Conn
Absent: Councilmembers H. Katz, Zane
ADJOURNMENT: At 1:37 a.m., the
of Marj orie Vawter Pollock, a
families of Santa Monica.
adjourned in memory
e of the original
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Donna R. Betancourt
Acting City Clerk
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