M-06301987J/V
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 30, 1987
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 7:40 p.m. on Tuesday, June 30, 1987, iri the Council
Chambers, having been adjourned from June 23, 1987. Mayor Conn
led the assemblage in the pledge of allegiance to the United
States of America.
Roll Call: Present: Mayor James P. Conn
Councilmember David B. Finkel
Councilmember William H. Jennings
Councilmember Christine E. Reed
(arrived 7:54 p.m.)
Councilmember Dennis Zane
Absent: Councilmember A. Katz
Mayor Pro Tempore H. Katz
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
The following items were considered, having been continued from
June 23, 1987.
7-B: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a
.staff report on the assessment of costs to repair damaged
sidewalks, driveways, and curbs on various streets. The public
hearing-was held oh June 23, 1987, during which Sebouh Bedrosian
protested the assessment on his property because he believes the
sidewalk damage was caused by tree roots. Counoil continued the
item for one week in order for staff to investigate the site of
Mr. Bedrosian's protest. After investigation, staff concluded
that the damage was not caused by tree roots. It was moved,
seconded and unanimously approved to waive the ru7.es and hear
from Sebouh Bedrosian. Mr. Bedrosian expressed his belief that
the .damage was caused by tree roots. Councilmember Zane moved to
approve the staff recommendation, thereby adopting Resolution No.
7459(CCS), entitled: "A RESOLUTION OF THE CITY COI7NCIL OF THE
CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT
OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND
CURBS (SR-87-100)," reading by title only and waiving further
reading thereof. Second by Councilmember Finkel. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
Zane, Mayor Conn
Absent: Councilmembers A. Katz, H. Katz,
Reed
June 30, 1987
377
9-B:. MEMORANDUM OF
Considered later in t
TEAM
11-C: CIRCULATION ELEMENT: Presented-was a staff report on the
recommendation to establish an interpretation of Policy 4.3.1 of
the Circulation Element of the General Plan regarding Level of
Service objectives for various classes of City streets.
(Councilmember Reed entered the Chambers.) Discussion was held.
Members of the public Joy Fullmer and Richard Dickin:>on expressed
concerns regarding traffic and parking problems; Duke Kelso,
Vicky Hogan, and Cheri Dickinson spoke in opposition to changing
4.3.1; Beverly Witt, Steve Young, Regula Ziegler, and Edward Bell
stated they believe the traffic study should be completed before
any decision is made; Edward Villanueva urged adoption of the
staff recommendations as goals rather than mandates; Donald Lewin
Nelson spoke in general support of the staff recommendation.
Disoussion was held. Councilmember Reed moved to approve the
staff recommendation as clarified during the staff presentation,.
thereby adopting the following interpretation of Circulation
Element Policy 4.3.1: (1) Policy 4.3.1 establishes criteria
against which proposed development projects must be evaluated.
These standards represent critical goals which the City should
strive to attain, wherever possible; (2) Peak hour Level of
Service (LOS) is the appropriate evaluation criteria; (3) An
Environmental Impact Report (EIR) and a Statement of Overriding
Considerations .shall be required for approval of any proposed
development, that by itself significantly contributes to the
deterioration of LOS at City intersections below the levels set
forth in Policy 4.3.1., after imposition of all appropriate
mitigation measures; and (4) Maintenanoe of the City's quality of
life and mitigation of traffic congestion are high-priority
objectives for the City. Revision of Policy 4.3.1 may be
appropriate as a result of the City-wide traffic study and other
policy changes to the General Plan related to the regulation of
development; Councilmember Reed including in the motion direction
to staff to take Policy 4.3.1 into account when evaluating the
traffic consultant's work, and return to Council with
recommendations for addressing some of the imprecision in Policy
4.3.1. Second by Councilmember Jennings. Councilmember Jennings
moved an amendment to the motion to direct staff, as part of the
traffic analysis, to develop the standards. for what
"significantly contributes" means, and when a E~tatement of
Overriding Considerations would be appropriate, and return to the
Planning Commission and Council with those standards for
adoption. Councilmember Reed included the amendment in the main
motion. Councilmember Jennin s moved an amendment to change
"should strive to attain" to "must strive to attain" in Item (1)
of the staff. recommendation. Councilmember Reed included the
amendment as part of the main motion. Councilmember Zane moved
an amendment to the main motion to communicate to the Planning
Commission that it is within their authority to deny projects if,
in their judgment, the level of deterioration is significant,
even if the project is otherwise acceptable. Second by
Councilmember Jennings. Disoussion was held. The motion on the
amendment was approved by the following vote:
June 30, 1987
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Council vote: Affirmative: Councilmembers Finkel, Jennings,
Reed, Zane,-Mayor Conn
Absent: Councilmembers A. Katz, K. Katz
Discussion was held. Councilmember Zane moved to amend the main
motion to direct staff to return within three months with
recommendations as to the interpretation of the language
regarding: (1) criteria for traffic impacts which significantly
contribute to the deterioration of th'e level of service at
intersections, (2) criteria for overriding considerations,. and
(3) identification of a level of impact at peak hour for which no
overriding considerations would merit approval. Second by
Councilmember Finkel. After discussion, during which staff
agreed that three to four months would be enough time to develop
the guidelines, the maker and second of the main motion
incorporated the amendment into the main motion. Discussion was
held. The main motion, as amended, was approved by the following
vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
Reed, Zane, Mayor Conn
Absent: Councilmembers A. Katz, H. Katz
11-D: MOVIE THEATER DEVELOPMENT: Presented was a staff report
on the recommendation to develop. zoning regulations regarding
movie theater development. During discussion, staff clarified
the report to recommend that existing applications, if amended to
be reduced in scale, be deemed as though they were grandfathered.
Members of the public Tom Carroll, Donald Lewin Nelson, and John
Clarizio spoke in support of the staff recommendation; Julie
Lopez Dad supported theaters in the downtown. area but opposed any
at 234 Pico Boulevard; Joy Fullmer and John Baron spoke against
threater development in the downtown area. Councilmember
Jennings moved to hear from a member of the public who submitted
a late chit. Second by Councilmember Finkel. The: motion was
unanimously approved: .Kelly Olsen expressed concern about the
number of seats being proposed and theater develo~>ment at 234
Pico Boulevard. Discussion was held. Councilmember Zane moved
to approve the staff recommendation, absent the April 28th
grandfathering provision. The motion failed for lack of a
second. Councilmember Zane moved to approve the staff
recommendation, .thereby directing the City Attorney to prepare
appropriate ordinances to accomplish the following: (1) Pending
the adoption of the new Zoning Ordinance, develop an ordinance
which (a) allows new movie theater development subject to
Planning Commission review in the C3 (downtown commercial)
district, and allow existing theaters to remain; (b) in other
areas of the City, allows existing movie theaters to remain but
prohibits new movie theater development; (c) applies these
standards to existing development and any proposed development.
project which did not have a complete application as of April 28,
1987; (2) Modify the proposed Zoning Ordinanoe to exclude movie
theater development in all zones except the C3C (downtown core)
district where it shall be allowed by right, except that when
June 30,'1987
3iti
more than 4,000 new seats or 12 screens are developed, future
development of such movie theaters will be subject to a
Conditional Use Permit (CUP), and allow new movie theater
development in the C3 district by CUP. Second by Councilmember
Jennings. Councilmember Reed moved an amendment to the motion to
specify that the ceiling on seats be 3500 new seats, recognizing
that the Criterion Theater gets oredit for 1000 old seats. The
amendment was accepted as friendly by the maker of the main
motion. The second was not willing to accept the amendment.
Councilmember Zane seconded the amendment. Discussion was held.
The motion on the amendment was approved by the follawing vote:
Council vote: Affirmative: Councilmembers Finkel, Reed, Zane,
Mayor Conn
Negative: Councilmember Jennings
Absent: Councilmembers A. Katz, H. Katz
Discussion was held. The main motion, as amended, was approved
by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Reed, Zane,
Mayor Conn
Negative: Councilmember Jennings
Absent: Councilmembers A. Katz, H. Katz
At 10:15 p.m., a recess was called. Council reconvened at 10:28
p.m.
11-F: CLOSED SESSION: Held later in the evening.
12-A: SHOOTING GALLERY: Presented was an appeal of the
Landmarks Commission Denial of Certificate of Appropriateness
LC-02-006-R, 340 Santa Monica Pier, to demolish the Shooting
Gallery Building. Applicant: Judith Meister, Pier Manager.
Appellant: Herbert Katz and Christine Reed, Council Members.
Discussion was held.- Member of the public David Cameron, a
Landmarks Commissioner, requested that if the building is
demolished, the' replacement structure maintain a similar
ambience. Discussion was held. Councilmember Reed moved to
approve the staff recommendation, thereby upholding the appeal
and approving Certificate of Appropriateness LC-02-006-R with the
findings and conditions contained in the May 14, 1987 Statement
of Official Action. Second by Councilmember; Zane. C;ouncilmember
Jennings moved an amendment to the motion to delete 'the word
"detailing" from Condition 3 of the Statement of Offioial Aotion.
During discussion it was determined that the amendment was not
germane to the main motion and it was withdrawn. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
Reed, Zane, Mayor Conn
June 30, 1987
j~U
Absent: Councilmembers A. Katz, H. Katz
12-B: MIXED-USE BUILDING/1317 7TH STREET: Presented was an
appeal of the Planning Commission denial of Development Review
371 for a 4-story plus loft, 18,248 sq. ft. mixed-use building
with medical offices and one residential unit at 1317 7th Street.
Applicant/Appellant: Michel Rone. Discussion was held. Robert
Clinco, attorney for the appellant, .spoke in support of the
appeal. Oded Miodorski; representative of the architectural firm
that designed the building, responded to questions regarding the
building design. Member of the public Jeffrey Gibson spoke in
support of the staff recommendation. Councilmember Finkel moved
the staff .recommendation, thereby denying the appeal and denying
Development Review 371 with the findings contained in the April
20, 1987 Planning Commission Statement of Official Action.
Second by Councilmember Reed. The motion was approved by the
following vote:
Council vote: Affirmative: .Councilmembers Finkel, Jennings,
Reed, Zane, Mayor Conn
Absent: Councilmembers A. Katz, H. Katz
13-D: WARNING LABELS ON TOY WEAPONS: Presented was the request
of Jerry Rubin to address Council regarding warning labels on toy
weapons. Mr. Rubin expressed concern. that toys might: be mistaken
as realistic weapons, and .stressed the ,need for educational
outreach. Councilmember Reed moved to extend the meeting to
midnight. The motion was duly seconded and unanimously approved.
Discussion-was held. Councilmember Finkel moved to instruct the
Council liaisons to meet with School District representatives to
determine positive approaches to the issue. and return to Council
with recommendations. Second by Councilmember Zane.
Councilmember Zane moved to-amend the motion to include directing
the City Attorney to investigate placing warning signs in toy
stores and report back to Council, to ask the Mayor to write
letters to the trade association of the appropriate toy
manufacturers (Toy Manufacturers of America) and to major toy
manufacturers expressing Council's concerns about realistic toys.
of violence, and communicate concerns to Congressman Mel Levine
and ask his view on legislation at the federal level. The maker
of the motion included-the amendment into the main motion, and
with the consent of the second, further amended the motion to ask
the -Mayor to send a letter detailing Council's actions to
neighboring cities. The motion was unanimously approved.
13-E: RAND CORPORATION EXPANSION: Presented was the request of
Jay Johnson to address Council regarding RAND Corporation
expansion plans. Mr. Johnson expressed his opposi-tion to any
expansion plans of The RAND Corporation. Discussion was held.
14-A: BOARD/COMMISSION APPOINTMENTS: Presented was the matter
of appointment of members to Boards and Commissions.
Councilmember Reed moved to continue the matter to Jttly 14, 1987.
The motion was duly seconded and unanimously approved.
Councilmember Jennings moved to direct the .City Clerk to agendize
5 June 30, 1987
Stll
for discussion the qualifications of .people for the Social
Services Commission prior to the appointment of members to Boards
and Commissions. Second by Mayor Conn. The motion was
unanimously approved.
14-B: CAL-OSHA: Presented was the request of Mayor Conn to
discuss opposing the governor's proposed dismantling of CAL-OSHA.
Mayor Conn introduced discussion. Councilmember Reed moved to
adopt a position to defend the existence of CAL-OSHA and
authorize the Mayor to communicate same to the governor and to
the state legislative representative. Second by Mayor Conn. The
motion was unanimously approved.
14-C: PARKS AND WILDLIFE BOND INITIATIVE: The request of
Councilmember A. Katz to discuss support of the California Parks
and Wildlife Bond Initiative was continued to July 14, 1987.
14-D: RAND CORPORATION REDEVELOPMENT: The request of
Councilmember Reed to discuss amending the local coastal plan
regarding RAND Corporation redevelopment was withdrawn. at the
request of Councilmember Reed.
14-E: ARTS COMMISSION CO-LIAISON: The mayoral appointment of
Councilmember Finkel as co-liaison with Councilmember Jennings to
the Arts Commission was announced by Mayor Conn.
15. PUBLIC INPUT: John Jurenka spoke regarding trash
collection; Joy Fullmer spoke regarding special treatment of RAND
Corporation, increasing tenant relocation benefits, and the
impact of movie theaters on downtown residents.
11-F: 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 11:50 p.m., Council adjourned to
Closed Session to consider personnel matters and the following
cases: Angel v. City of Santa Monica, Santa Monica Superior
Court Case No. WEC 083 916; 625 Montana Avenue, et al. v. City of
Santa Monica, et al., Los Angeles Superior Court Case No. C 602
035; and Santa Monica Municipal Employees Association v. City of
Santa Monica, et al., Second District Court of Appeal Case No.
B020140 and Los Angeles Superior Court Case No. C 526708. At
12:34 a.m., Council reconvened with four members present,
Councilmembers A. Katz, H. Katz, and Zane absent.
9-B: MEMORANDUM OF UNDERSTANDING/MANAGEMENT TEAM ASSOCIATES:
Presented was a recommendation to adopt a resolution authorizing
the City Manager to execute a Memorandum of Understanding with
the Management Team Associates (MTA). Councilmember Finkel moved
to adopt Resolution No. 7460(CCS) entitled.: "A RESOLUTION OF THE
CITY COUNCIL OF THE -CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
MANAGEMENT TEAM ASSOCIATES," reading by title only and waiving
further reading thereof, awarding Contract No. 4975(C:CS). Second
by Councilmember Jennings. The motion was approved by the
following vote:
6 June 30, 1987
Council vote: Affirmative:
Absent:
Councilmembers Finkel, Jennings,
Reed, Mayor Conn
Councilmembers A. Katz, H. Katz,
Zane
Councilmember Jennings moved to approve a settlement of $12,000
in the .case of Angel v. City of Santa Monioa. Second by
Councilmember Reed. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
Reed, Mayor Conn
Absent: Councilmembers A. Katz, H. Katz,
Zane
ADJOURNMENT: At 12:36 a.m., the meeting
of entertainer Jackie Gleason.
ATTEST:
~.~z. ~~~
Donna R. Betancourt
Acting City Clerk
7
ourned in memory
s P.1 Conn
June 30, 1987