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
SS-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:
CLOSED SESSION: Not
City Manager John Jalili
City Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
held.
Mayor Conn led the assemblage in the Pledge of Allegiance to the
United States of America.
4-A: CAL-OSHA WEEK: Mayor Conn presented a proclamation declaring the
week of March 6 12, 1988 as Cal-OSHA week in Santa Monica.
4-B: BOARDS/COMMISSIONS: The City Clerk announced that applications
are invited to fill a vacancy on the Landmarks commission.
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 of 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: "A 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
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
6-A: MINUTES APPROVAL: The City Council minutes of January 12, January 19, January 20,
January 21, January 26, February 1, 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.
1832111 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.
4514011 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.
4429211 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.
6-1: 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 City'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.
6-K: SOUTH BEACH PARK BARBECUE GRILLS/TABLES: A recommendation to make
adjustments in the number and arrangement of South Beach .Park barbecue 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. Councilmember 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," 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,"
reading by title only and waiving further reading thereof, setting a public hearing for March 8, 1988.
Second by Councilmember Jennings. The motion was approved by following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Zane, and
Mayor Conn
Negative: Councilmember Finkel
Absent: Councilmember Reed
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 11511 Item.
7-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
the assessment of costs to repair
and- curbs (SR-88-105). The public
Mrs. P. M. Simms and Joy Fullmer
to the assessment. There being no the
public hearing was declared
Mayor Pro Tempore H. Katz moved
report and public hearing on
damaged sidewalks, driveways
hearing was declared opened.
spoke in opposition
wishing to speak,
one else
closed.
Discussion was held. 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) , 11
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
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, 1988. Discussion was held. Mayor Pro Tempore H. Katz moved to
adopt Ordinance No. 1433(CCS) entitled: "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
with direction
out mandatory
and return to
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:
thereof, thereby approving Contract No. 5061(CCS),
to staff to execute an agreement spelling compliance for the wastewater
recycling system, Council for approval before execution (within the
Council vote: Affirmative: councilmembers Jennings, A. Katz, H
Katz, and Mayor Conn
Negative: Councilmembers Finkel and Zane
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 4 police presence in the Pico Neighborhood,
and that Council and staff intend for that program to go forward. A
police 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. Councilmember Finkel moved to approve the staff
recommendation. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved, Councilmember Reed absent.
10-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
10-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, LeeVasquez, 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
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 Councilmember 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
11-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.
11-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.
11-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.
11-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
Parkside 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 11511 Item.
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 1150 18th Street was continued to February 16, 1988.
13-C: 2-HOUR PARKING/1100 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.
14-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 11511
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-B, 13-C, and 14-A.
ATTEST:
Donna R. Betancourt
Acting City Clerk
APPROVED:
James P. Conn Mayor
February 9, 1988