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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 3i~ 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