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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 26, 1988
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 7:41 p.m.1 on Tuesday, July 26, 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
(arrived at 7:46 p.m.)
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: City Manager John Ja1ili
City Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
Mayor Conn led the assemblage in the Pledge of Allegiance to the
united states of America.
CLOSED SESSION: Not held, continued to July 27, 1988.
4-A: SCULPTURE/PALISADES PARK: Paul Leaf and Michael McCarty
presented a $48,500 check from the Santa Monica Arts Foundation
to the City Council for a Baile Oakes sculpture, "Gestation II,"
for installation in Palisades Park.
Councilmember Zane moved to postpone Item 5-A until the end of
the agenda. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved.
5-A: BOARD/COMMISSION APPOINTMENTS: (Follows Item 14-C.)
5-B: EDGEMAR PROJECT/C.U.P. 502/2435 MAIN STREET: Presented was
the matter of an appeal of the Planning Commission denial of
Conditional Use Permit 502 to change the operating hours of the
previously approved 75 seat restaurant at 2435 Main Street,
continued from June 21, 1988. Mayor Pro Tempore H. Katz moved to
continue to August 9, 1988. Second by Councilmember A. Katz.
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. Councilmember Reed
moved to approve the consent Calendar with the exception of Items
6-D and 6-E, reading resolutions and ordinances by title only
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and wa~v~ng further reading thereof. Second by Mayor Pro Tempore
H. Katz. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The City Council minutes of July 12 and
July 19, 1988, were approved as written.
6-B: ALTERNATE PARADE ROUTE: Resolution No. 7654 (CCS) entitled:
IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE HOLDING OF A PARADE ON AUGUST 14, 1988, ON A
ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was adopted,
thereby authorizing the International Society for Krishna
consciousness (ISKCON) to conduct a parade along the beach
bikepath from Bay Street to the southernmost City limits.
6-C: LIBRARY EXPANSION BOND: Resolution No. 7655(CCS) entitled:
IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DETERMINING THAT THE PUBLIC INTEREST DEMANDS THE ACQUISITION AND
IMPROVEMENT OF REAL PROPERTY FOR THE PURPOSES OF EXPANSION AND
PARKING NEEDS FOR THE SANTA MONICA PUBLIC LIBRARY," was adopted,
thereby finding that it is in the public interest to place before
the voters in November 1988 a General Obligation Library Bond
measure to acquire and improve certain real property adjacent to
the City's Main Library for future expansion and temporary use as
parking; and the city Attorney was directed to prepare for City
council consideration at the August 9, 1988, Council meeting an
ordinance placing such a measure on the November 1988 ballot, and
associated ballot materials.
END OF CONSENT CALENDAR
6-D: OCEAN PARK COMMUNITY CENTER HOMELESS FACILITIES RENOVATION:
Presented was a recommendation to appropriate funds for the
rehabilitation of the Ocean Park Community Centerts Homeless
Drop-in Center and Day Break Shelter and adjacent office space at
612 Colorado Avenue. Member of the public Veronica Pickavance
expressed her concerns regarding providing facilities for the
homeless. Discussion was held. Mayor Pro Tempore H. Katz moved
to approve the staff recommendation, thereby approving
appropriation authority in the amount of $100,000 in account
01-200-262-143-506, approving the award of funds, not to exceed
that amount, to the Ocean Park community Center for
rehabilitation of the homeless portion of the facility, and
approving appropriation authority in the amount of $200,000 in
account 01-720-262-000-952. Second by Councilmember Finkel. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
6-E: CONVERSION OF APARTMENT TO COMMERCIAL USE/1826 14TH STREET:
Presented was a recommendation to certify a Statement of Official
Action for DR 407 and ZA 5l62-Y at 1826 14th Street for the
conversion of an 8-unit apartment into commercial use. Member of
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the pu~lic Joy Fullmer spoke in opposition to the proposed
convers~on. Councilmember Zane moved to approve the findings and
conditions of approval for DR 407 and ZA 5162-Y set forth in the
attachment to the staff report dated July 26, 1988. Second by
Councilmember Finkel. The motion was unanimously approved.
7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and public hearing on the assessments of costs to repair
damaged sidewalks, driveways and curbs. The public hearing was
declared opened. There being no one wishing to speak, the public
hearing was declared closed. Councilmember Reed moved to
acknowledge any protests and adopt Resolution No. 7656(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-88-115) , II reading by title only and waiving further reading
thereof, thereby confirming the assessments for the repair of
damaged sidewalks, driveways, and curbs on various streets within
the city. Second by Councilmember Zane. The motion was approved
by the following vote:
Council vote: Unanimously approved 7-0
8-A: COMPREHENSIVE LAND USE AND ZONING ORDINANCE: Presented was
a staff report transmitting an ordinance for introduction and
first reading amending the Santa Monica Municipal Code by
repealing Chapter 1 of Article IX of the Municipal Code and
Section 9516 of the Municipal Code and adding a new Chapter 1 to
Article IX of the Municipal Code to adopt a Comprehensive Land
Use and Zoning Ordinance; a resolution certifying the Final
Subsequent Environmental Impact Report and Final Supplemental
Environmental Impact Report on the Proposed Zoning ordinance; and
an ordinance for introduction and first reading implementing the
new Comprehensive Land Use and Zoning Ordinance by adopting an
Interim Districting Map. Discussion was held.
At 8:25 p.m., the public hearing was declared opened. Members
of the public spoke regarding the following issues: Joy Fullmer,
support for stiffer penal ties for code violations; Bob Jacobs,
effects of the proposed ordinance on the pico Corridor; Judith A.
Brunk, Jennifer Posner, Abby J. Leibman, Debra Ghaly, Mary
Hammer, Susan Packer Davis, Judy Abdo, and Linda Gordon, support
for child-care facilities; Jean Sedillos, opposition to second
units on Rl lots; Michael Perlman, Jerry Dunlap, Carolyn Caesar,
J. L. Bower, and Kelsey Liber, opposition to allowing room
rentals in the R1 zone; Jean Ann Holbrook, Pat Miller, and Polly
Brown, request for limitation on large child-care facilities in
the Rl zone; Sally Thierston, Kenneth Henderson, Stan Hooi, and
Phyllis Goff, support for creation of mobile home park zone; John
Sedillos, support for air-conditioning and pool pump noise
mitigation measures; Norman Peterson and Elizabeth Adler,
opposition to large Child-care centers in the Rl zone; Paul
Rosenstein and Penny Perlman, public lands; Kevin Kozal, zoning
for automobile dealerships, and artists' studios in residential
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zones; R. C. Bessire and Richard Elias, proposed trailer park
rezoning; Joel Kischenstein, Daniel Gregory, and Joe stepner,
proposed RVC zoning; Walt McHendry and Ed Villanueva, 'A' lots;
Herman Rosenstein, commercial development on Wilshire Boulevard
near Yale street; Louis Efros, proposed zoning on Broadway east
of 20th Street; Naihua Duan, remodeling in the Rl zone; Ed
Ramber, Opal Spooner, and Marcelia Sullivan, opposition to
proposed creation of mobile home park zone; Neal Richman, parking
provisions for senior housing; Femmy Delyser, support for in-home
child care and room rental provisions in the Rl zone; Ken
Kutcher, condominiums and conversions; Chris Harding, on behalf
of the Chamber of Commerce, to request additional council
consideration of ordinance; DUffy Bart and Jean Barry, curb cuts;
and Russ Barnard, Main Street Plan.
During the public hearing, Councilmember Finkel moved to extend
the meeting to 12: 00 a.m. Second by Councilmember Reed. The
motion was unanimously approved.
Mayor Pro Tempore H. Katz moved to hear from members of the
public submitting late requests to speak. Second by
Councilmember A. Katz. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved to extend the meeting to 12:45
a.m. Second by Councilmember Finkel. The motion was unanimously
approved.
Donna Alvarez spoke in opposition to large day care centers and
room rentals in the Rl zone; Joe Palazzolo, encouraged Council to
follow guidelines set forth in Chamber of Commerce memorandum
dated July 21, 1988, paying particular attention to the technical
corrections and deadlines for City action; Clare Bronowski,
surface parking lots; Sherman stacey, 'A' lots for automobile
dealerships; Karl Schober, opposition to downzoning; Arthur
Eskelio, Rl zoning; Pamela summers, Pat FitCh, Diki Brinson,
Mildred Garbinsky, and Riba Smelcer, requesting that the Civic
Center trailer park be included in the proposed mobile home park
zone; and Charles Brackmeier, requesting that architectural and
design firms be allowed as permitted uses in the M zone. There
being no one else wishing to speak, the public hearing was
closed.
Mayor Conn moved to continue the item to July 27, 1988, at 6:30
p.m. Second by Councilmember Finkel. The motion was unanimously
approved.
8-B: WASTEWATER EMERGENCY ORDINANCE: Presented was a staff
report transmitting an emergency ordinance for introduction and
adoption adding Chapter 2B to Article VII of the Santa Monica
Municipal Code restricting the amount of waste water permitted to
be discharged into the Santa Monica sewage system and declaring
the presence of an emergency. Councilmember Finkel moved to
approve the staff recommendation, thereby adopting Ordinance No.
1451(CCS) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING CHAPTER 2B TO ARTICLE VII OF THE SANTA
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MONICA MUNICIPAL CODE RESTRICTING THE AMOUNT OF WASTEWATER
PERMITTED TO BE DISCHARGED INTO THE SANTA MONICA SEWER SYSTEM AND
DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only
and waiving further reading thereof. Second by Mayor Pro Tempore
Council vote: Unanimously approved 7-0
13-A: HUMANE DIVISION PERSONNEL: Presented was the request of
Arthur Herring to address Council regarding actions taken by the
Humane Division personnel. councilmember Finkel moved to
continue the matter to the August 9, 1988, meeting, as requested
by Mr. Herring. Second by Councilmember Reed. The motion was
unanimously approved.
ll-A: CLOSED SESSION: Held later in the meeting.
14-A: COMMISSION ON OLDER AMERICANS: Presented was the matter
of the appointment of a member to the Commission on Older
Americans. Mayor Conn declared nominations opened.
Councilmember Finkel nominated Langdon de M. Bower.
Councilmember A. Katz moved to appoint Ms. Bower by acclamation.
Second by councilmember Reed. The motion was unanimously
approved. Therefore, Langdon de M. Bower was appointed to the
Commission on Older Americans to fill an unexpired term ending
June 30, 1989.
14-B: PROPOSITION 65/CLEAN WATER ACT OF 1986: Presented was the
request of Councilmember Zane to discuss city activity in the
enforcement of Proposition 65 (Clean Water Act 1986) .
Councilmember Zane opened discussion and moved to direct the city
Manager I s office and the City Attorney I s office to indicate to
Council what current efforts are being made in the enforcement of
the provisions of Proposition 65, and what additional measures
that staff thinks would be appropriate, and to return to Council
wi th recommendations at a Council meeting in the near future.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
l4-C: USE OF COUNCIL CHAMBERS: Presented was the request of
Mayor Conn to discuss waiving the fee for use of the Council
Chambers by the State Lands Commission on August 19, 1988. Mayor
Conn moved to waive the fee for the use of the council Chambers
by the state Lands commission. Second by Mayor Pro Tempore H.
Katz. The motion was unanimOUSly approved.
5-A: BOARD/COMMISSION APPOINTMENTS: Presented was the matter of
appointments of members to various City Boards and Commissions,
continued from June 28, 1988.
Mayor Conn declared nominations opened for a
Architectural Review Board for a four-year term.
Tempore H. Katz moved to appoint Terry Graboski by
Second by Councilmember Reed. The motion was
seat on the
Mayor Pro
acclamation.
unanimously
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approved. Therefore, Terry Graboski was appointed to the
Architectural Review Board for a term expiring June 30, 1992.
Mayor Conn declared nominations opened for a seat on the Arts
Commission to fill an unexpired term. Councilmember Jennings
nominated Peter Norton. Councilmember A. Katz moved to appoint
Peter Norton by acclamation. Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved. Therefore, Peter
Norton was appointed to the Arts Commission to fill an unexpired
term ending June 30, 1991.
Mayor Conn declared nominations opened for a seat on the Arts
Commission for a four-year term. councilmember Jennings
nominated Elaine Hoffman. Mayor Pro Tempore H. Katz moved to
appoint Elaine Hoffman by acclamation. Second by Councilmember
A. Katz. The motion was unanimously approved. Therefore, Elaine
Hoffman was reappointed to the Arts Commission for a term
expiring June 30, 1992.
Mayor Conn declared nominations opened for a second seat on the
Arts Commission for a four-year term. Councilmember Jennings
moved to appoint Paul Leaf by acclamation. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
Therefore, Paul Leaf was reappointed to the Arts Commission for a
term expiring June 30, 1992.
Mayor Conn declared nominations opened for a third seat on the
Arts Commission for a four-year term. Mayor Pro Tempore H. Katz
nominated Lindsay Shields. Councilmember Jennings nominated
Jennifer Diener. Hearing no other nominations, Mayor Conn
declared nominations closed. The vote on the nominations was as
follows:
Lindsay Shields
Councilmembers A. Katz, H. Katz, Reed, Mayor
Conn
Jennifer Diener: Councilmembers Finkel, Jennings, Zane
Therefore, Lindsay Shields was reappointed to the Arts commission
for a term expiring June 30, 1992.
Mayor Conn declared nominations opened for a seat on the
Convention and Visitors Bureau for a three-year term. Mayor Conn
nominated Lloyd Kirsch. Mayor Pro Tempore H. Katz moved to
appoint Lloyd Kirsch by acclamation. Second by Mayor Conn. The
motion was unanimously approved. Therefore, Lloyd Kirsch was
appointed to the Convention and Visitors Bureau for a term
expiring June 30, 1991~
Mayor Conn declared nominations opened for a seat on the
Recreation and Parks commission for a four-year term. Mayor Pro
Tempore H. Katz nominated Clyde Smith. Councilmember Reed
nominated Rosemarie Menchaca. Because the City Charter mandates
the male/female ratio of this Commission, and the composition of
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the sitting members is such that this appointment must be of a
female, Mayor Pro Tempore H. Katz withdrew his nomination.
Councilmember Finkel moved to appoint Rosemarie Menchaca by
acclamation. The motion was duly seconded and unanimously
approved. Therefore, Rosemarie Menchaca was appointed to the
Recreation and Parks Commission for a term expiring June 30,
1992.
Mayor Conn declared nominations opened for a seat on the Social
Services commission for a four-year term. Mayor Pro Tempore H.
Katz nominated Ann Garland. councilmember Zane nominated Ruth
Robinson-Deen. Hearing no other nominations, Mayor Conn declared
nominations closed. The vote on the nominations was as follows:
Ann Garland: councilmembers Jennings, H. Katz
Ruth Robinson Deen: Councilmembers Finkel, A. Katz, Reed, Zane,
Mayor Conn
Therefore, Ruth Robinson-Dean was appointed to the Social
Services commission for a term expiring June 30, 1992.
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: 47 a.m., Council adjourned to
Closed Session to consider the following case: Shell oil Company
v. City of Santa Monica, United States District Court Case No. CV
82-2362-RJK (Gx). At 12:52 a.m., Council reconvened. Mayor Conn
announced that no action was taken in Closed Session.
ADJOURNMENT: At 12:53 a.m., the meeting was adjourned
p.m., July 27, 1988, for the purpose of holding a Closed
and consideration of Item 8-A. ~
APP 01
11111/
a~~ ~. Conn
Mayor
to 6 : 3 0
Session
Donna R. Betancourt
Acting City Clerk
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July 26, 1988