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M-10/11/1988 12 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 111 1988 A meeting of the Santa Monica City council was called to order by Mayor Conn at 7: 36 p. m., on Tuesday I october III 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz councilmember David B. Finkel Councilmember william H. Jennings (arrived at 7:41 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 CLOSED SESSION: Held later in the meeting (See Item ll-B at the end of the meeting) . Councilmember Reed led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 5-A: ARCHITECTURAL REVIEW BOARD: Presented was a matter for Council discussion regarding the recision of an appointment to the Architectural Review Board, continued from September 27, 1988. councilmember Reed moved to hear this item later in the meeting, . after discussion of Item 14-A. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. (See Item 14-A) 5-B: FAMILY SERVICE OF SANTA MONICA BUILDING FUND: Presented was the request of Councilmember Reed to discuss a contribution to the building fund of Family Service of Santa Monical continued from September 27 I 1.988. councilmember Reed moved to direct staff to meet wi th Family Service and determine a level of support to which Council could reasonably commit, and if necessary, to wait until the budget cycle. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 5-C: PRIVATE DEVELOPMENT/AESTHETIC BURDENS: Presented was the request of Councilmember Finkel to discuss the desirability of directing a study of the existence of aesthetic burdens created by private development, continued from September 271 1988. councilmember Finkel initiated discussion and moved to instruct staff to bring back a recommendation regarding the specific expenditures of hiring a consultant to study the issue of a :1 October 11, 1988 13 Private Percent-For-Arts ordinance. Second by Councilmember A. Katz. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmember Reed Councilmember Reed requested the record to reflect her negative vote is because she personnaly believes that the fact that the city has established, by law, an Architectural Review Board, and that the City has taken upon itself to insure that the aesthetic architecture of each and every project meets a community standard, that the Council has, in fact, addressed the aesthetic burdens of a particular development project in and of itself, and that the act of developing land does not necessarily connect with any need for culture. She personnaly does not support the notion of assessing development proj ects for funds for the arts. She thinks that the arts are much better supported when they are supported on a voluntary basis, not an exaction basis. She thinks that the obligation to the public for the aesthetics of a project can, and should, be met through the Architectural Review Board process. 5-0: PROPOSITION 79: Presented was the request of councilmember Finkel to discuss supporting Proposition 79 on November 8, 1988, ballot, continued from September 27, 1988. councilmernber Finkel moved to request Council to take a position in support of Proposition 79, and encourage its adoption. Second by Mayor Pro Tempore H. 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. Mayor Pro Tempore H. Katz moved to approve the Consent Calendar with the exception of Items 6-E and 6-L, reading ordinances and resolutions by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The city council minutes of September 27, 1988, were approved as written. 6-B: PLANNING COMMISSION COMPENSATION: ordinance No. 1457(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 2620 TO THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR COMPENSATION FOR ATTENDANCE AT PLANNING COMMISSION MEETINGS BY PLANNING COMMISSIONERS," introduced September 27, 1988, was adopted, thereby establishing compensation for members of the Planning Commission in the amount of $25.00 per meeting attended, to a maximum of $100.00 per month. 2 October 11, 1988 14 6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7700 (CCS ) entitled: tI 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-8 8 -12 0) II was approved, thereby setting a public hearing for December 13, 1988. 6-D: HANDICAPPED PARKING ZONE: Resolution No. 7701(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 330 CALIFORNIA AVENUEII was adopted. 6-F: FINAL MAP 19550/TENANT-PARTICIPATING CONVERSION/ TPC-059/420-426 PACIFIC STREET: Resolution No. 7703 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 1955011 was adopted, thereby approving Final Map 19550 for a 4-unit tenant-participating conversion project at 420-426 Pacific Street. 6-G: FINAL MAP 44933/CONDOMINIUM PROJECT/328 PACIFIC STREET: Resolution No. 7704 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 4493311 was adopted, thereby approving Final Tract Map 44933 for a 7-unit condominium project at 328 pacific street. 6-H: FINAL MAP 45575/CONDOMINIUM PROJECT/938 SECOND STREET: Resolution No. 7705 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 4557511 was adopted, thereby approving Final Tract Map 45575 for an 8-unit condominium project at 938 Second Street. 6-1: CITY YARDS ROOF REPAIRS: Contract No. 5216(CCS) was awarded to Rey-Crest ROOfing & waterproofing in the amount of $100,877 for the replacement of various building roofs at the City Yards; appropriating funds in the amount of $40,000 from the General Fund reserves to capital Improvements Account No. 01-710-451-000-943; and authorizing the City Engineer to issue any necessary change Orders to complete the work in conformance with the Administrative Instructions. 6-J: WATER WELL CONSTRUCTION: Contract No. 5217(CCS) was awarded to Mccalla Bros., in the amount of $452,493 for the construction of three water wells; authorizing the utilities Manager to waive errors in the bid, issue any change orders necessary to complete additional work as required in an amount not to exceed the funds available in conformance with the Administrative Instructions on Change Orders. 6-K: NEIGHBORHOOD SUPPORT recommendation to appropriate CENTER/FACILITY $15,000 from the COSTS: General A Fund 3 October 11, 1988 15 reserves in account number 01-200-262-000-693 to the Neighborhood Support Center for rent and facility costs for the remainder of the current fiscal year was approved. 6-M: NME HEADQUARTERS INC.: A recommendation to authorize the execution of Consent to Transfer and Assignment between National Medical Enterprises, Inc., NME Headquarters, Inc., and the city and to amend Contract No. 3743(CCS) was approved. END OF CONSENT CALENDAR 6-E: CALTRANS GRANT/TRAFFIC SIGNAL TIMING: Presented was a resolution authorizing the City Manager to apply for $9,900 of FETSIM funds for the improvement of traffic signal timing along 20th street: and upon grant approval, revise the budget revenue account 20-932-365-000-000 to reflect an increase of $9,900 and appropriate $9,900 to account 20-770-416-000-955. Discussion was held. Mayor Conn moved to adapt Resolution No. 7702 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION" reading by title only and waiving further reading thereof. Second by Mayor Par Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-L: RESCHEDULED CITY COUNCIL MEETING: Presented was a recommendation to reschedule the November 8 council meeting to November 1, 1988. Discussion was held. Councilmember Finkel moved to approve the staff recommendation, thereby rescheduling the November 8, 1988, Council meeting to November 1, 1988. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and a 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. Mayor Pro Tempore H. Katz moved to acknowledge any protests and adopt Resolution No. 7706(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-SS-118) ,It 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 Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 4 October II, 1988 16 8 -A: SMOKING IN RESTAURANTS: Presented was a staff report transmitting an ordinance for introduction and first reading amending Chapter 9A of Article IV of the Municipal Code to regulate smoking in restaurants. Discussion was held. The public hearing was declared opened. Dr. Harvey Frey, Jon Sedillos, Dr. William McCarthy, Dr. John Horns, Robert Simmons, Joseph Cook, Bob stern, Ed McCarroll, Dr. Stan Rubin, Dr. Bambi Young, Richard Brenne, and Lawrence stone spoke in support of the proposed ordinance that would require 70% of the seats in a restaurant to be designated as non-smoking. Robert Segal spoke in support of the ordinance requiring 70% of the restaurant seats being designated as non-smoking, and the establishment of clean air standards for restaurants. Walt Bilofsky spoke in support of the ordinance requiring 70% of the restaurant seats being designated as non-smoking, and eliminating the exemption for small restaurants. Polly Brown and Alison Smith spoke in support of the ordinance requiring 70% of the restaurant seats being designated as non-smoking, and opposed the option of establishing "rollingtl sections that would shift from smoking sections to non-smoking sections depending on the clientele. Judy Abdo spoke in support of an enforceable ordinance with greater community education. Rudy Cole, Gerald Breitbart, and Russ Barnard spoke in support of the proposed ordinance that would require 50% of the seats in a restaurant to be designated as non-smoking, with the option of establiShing "rolling" sections. Selwyn Yosslowitz spoke in support of restaurants voluntarily establishing non-smoking areas based on the needs of their clientele. Mayor Pro Tempore H. Katz moved to hear from late Second by Councilmember Zane. The motion was Councilmember Finkel opposed. speakers. approved, Dr. Allana Elonson spoke in support of the ordinance requiring 70% of the restaurant seats being designated as non-smoking. Bernard Segal spoke in support of a statewide effort to address the issue of smoking in restaurants on a larger front. There being no one else wishing to speak, the public hearing was declared closed. Discussion was held. Councilmember A. Katz moved to introduce for first reading an ordinance (attachment 2 of the staff report dated October 11, 1988) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9A OF ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE TO REGULATE SMOKING IN RESTAURANTS, II reading by title only and waiving further reading thereof. Second by Councilmember Finkel. Councilmember A. Katz moved to amend the motion to include an exemption for bars (as stated in Section 4925(C) of the alternate ordinance submitted to council as attachment I of the staff report dated October 11, 1988), and to delete all reference to bars from the ordinance. The motion was accepted as friendly. Councilmember A. Katz moved to amend the ordinance (attachment 2) to delete the requirement for the submittal of a seating plan (p. 6, subsection (h) (1) ); and to require that no more than 30% of the seating capacity of the service area of a restaurant, at a given time, may be a smoking area. During 5 October 11, 1988 17 discussion, the motion was clarified by the city Attorney to strike subsection (h) (1), and amend subsection (h) (2) as follows: strike out "enclosed floor area," so that the subsection would read, "The designated smoking area comprises no more that JO% of the total seating capacity of the restaurant, bar, or bar area in use for service of food or beverages to patrons." The amendment was accepted as friendly. Discussion was held. Councilmember A. Katz moved to amend the ordinance to exempt banquet rooms when used for private functions. During discussion, the city Attorney clarified the motion to read: "(b) Separate banquet rooms within restaurants, restaurant or hotel banquet rooms, when in use for private parties or functions not open to the general public. I! The amendment was accepted as friendly. Discussion was held. Councilmember Reed moved to amend the ordinance (p. 4, Section 4922(a)) to delete the words lIexclusive of sporting events." The amendment was accepted as friendly by the maker and second of the main motion. Councilmember Reed moved to substitute 50% for 30% throughout the ordinance. The motion failed for lack of a second. Discussion was held. Councilmember Jennings moved to amend the ordinance (Section 4925(d)} to exempt outdoor seating in uncovered areas. Second by Councilmember Reed. The amendment was accepted as friendly. Mayor Pro Tempore H. Katz moved to substitute 40% for 30% throughout the ordinance. Second by Councilmember Reed. Discussion was held. The motion to amend the ordinance was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, H. Katz, Reed, Mayor Conn Negative: Councilmembers Finkel, A. Katz, Zane Counci1member Finkel requested that the record reflect while the ordinance is better than nothing, it t S not much better than nothing, and he thinks that the no vote is intended to symbolize the statement of the need to have a stronger ordinance. Discussion was held. Councilmember Reed moved to amend the ordinance to exempt nightclubs that provide incidental food service. During discussion nightclubs were defined as establishments which primarily offer live entertainment or dancing and which may serve food or beverages, and to include the exemption for nightclubs in Section 49251 after cocktail lounge, and to direct staff to reference the zoning Ordinance definition of nightclub in the appropriate place. The motion was accepted as friendly. Councilmemher Reed moved to amend the ordinance to remove "public schools" from section 4921 (e) . The motion was accepted as friendly. Councilmember Reed moved to amend the ordinance to delete the words "boardinghouse, guesthouse, It from Section 4921(e). Second by Mayor Pro Tempore H. Katz. The amendment was accepted as friendly. Councilmember Reed moved to amend the ordinance to delete the words "sandwich standI! from Section 4921 (e) . Second by Mayor Pro Tempore H. Katz. The amendment was accepted as friendly. During discussion, the amendment was restated to include direction to staff to remove 6 October 11, 1988 18 the words "tavern, cocktail lounge," as well from Section 4921 (e) . Councilmember Reed moved to amend the ordinance to delete the words, "catering facilities, II from Section 4921 (e) . The amendment was accepted as friendly. Mayor Pro Tempore H. Katz moved to extend the meeting beyond 11: 00 p.m. Second by Councilmember Finkel. The motion was unanimously approved. Discussion was held. Councilmember Zane moved to amend the ordinance to delete the words, "those areas of such establishments set aside for the serving of food and drink." The motion was accepted as friendly by the maker and second of the motion. During discussion, at the recommendation of the city Attorney, the ordinance was amended to renumber subsection (h) (2) as subsection (h) (1), and to amend the wording of the paragraph to include the phrase "and adjoins the non-smoking area on not more than two sides" at the end of the paragraph. Discussion was held. The main motion to introduce the ordinance as amended was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmember Reed Councilmember Reed requested the record to reflect that she is voting no because of a lack of an exemption for the small restaurants. 8-B: CONSTRUCTION HOURS: Presented was a staff report transmitting an ordinance for introduction and first reading amending Municipal Code sections 4313 and 4314 to further limit hours of construction, maintenance, or repair of buildings. The public hearing was declared opened. Joy Fullmer spoke in support of the proposed ordinance, and expressed concerns regarding construction activity in her neighborhood. There being no one else wiShing to speak, the public hearing was declared closed. Councilmember Finkel moved to approve the staff recommendation, thereby introducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4313 AND 4314 TO FURTHER LIMIT THE HOURS ALLOWED FOR CONSTRUCTION, MAINTENANCE, OR REPAIR OF BUILDINGS IN THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof. Second by Councilmember Jennings. Discussion was held. Councilmember Reed moved to page 2 paragraph (c) of the ordinance to delete the words "and only if there are no residentially zoned districts located within five hundred (500) feet of the perimeter..." and substitute the words "and only after notification has been given to all residential units within a five hundred (500) foot radius of the peri:meter..." The amendment accepted as friendly by the maker and second of the motion. During discussion, the amendment was clarified to indicate that the same notice language would 7 October 11, 1988 lY occur throughout the ordinance, and that Council would be removing the same prohibition language regarding the 500 foot perimeter for residential districts. At the suggestion of the the City Attorney, the amendment was reworded to put a period C.) after the words "public interest," and insert a new sentence reading: "The person seeking the permit shall provide notification to persons occupying property within a perimeter of five hundred (500) feet of the proposed demolition, excavation, or grading site prior to commencing work pursuant to the permit. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 II-A: CHILD CARE FACILITY/MARINE PARK: Presented was a staff report on the status of child care efforts and a request for authorization to develop and implement a City sponsored child care facility at Marine Park, and appropriation of $150,000 for facility design, equipment, and start up costs. Member of the public Joy Fullmer spoke in opposition to the staff recommendation. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby authorizing staff to utilize a portion of Marine Park as the site for a child care center; to work in consultation with the Recreation and Parks commission and other interested groups to incorporate community input into planning the center; to issue an RFP for an operator to design, develop and operate the center/pre-school including designating a consultant to fully implement the start up of the center; and to appropriate $150,000 from General Fund Reserves to elP account #01-710-262-000-953 for facility design and renovation. Second by Councilmember Zane. Councilmember Reed moved an amendment to the motion to include a stipulation that the RFP specify that the operator be a non-profit organization. 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 7-0 Councilmember Zane moved to direct staff to evaluate other sites in the park system, and return to Council with a report at budget time about the potentiality for similar programs developed in the other parks in the City. Second by Councilmember A. Katz. The motion was unanimously approved. Il-B: CLOSED SESSION: Held later in the meeting. 12 -A: CUP 50S/ON-SITE ALCOHOL SALES/1700 OCEAN AVENUE: Presented was appeal of the Planning Commission technical denial of CUP 508 to permit the on-site sale of alcohol at hotel located at 1700 Ocean Avenue. Discussion was held. George Caplan, representing the applicant/appellant Santa Monica Hotel Associates, Ltd., and member of the public D. T. Michels spoke in support of the appeal. Mayor Pro Tempore H. Katz moved to approve the staff recommendation and reverse the Planning Commission's denial of cup 508, approve the applicant's appeal, 8 October 11, 1988 20 and adopt the findings and conditions contained in the August 17, 1988 Planning Commission staff report, with the added condition that the mini-bars have locks that operate with a key separate from the room key. Second by Councilmember Reed. Discussion was council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Abstain: Councilmember Finkel 12-B: CUP 516(CONDOMINIUM/3003 THIRD STREET: An appeal of the Planning Commission denial of CUP 516 to construct a 2-story plus loft, 5-unit condominium with subterranean parking at 3003 Third street was withdrawn at the request of the appellant. 13-A: HEAVY TRUCKS ON 26TH STREET: Presented was the request of J. Leo Partridge to address Council regarding heavy trucks on 26th street. Mr. Partridge expressed his concerns regarding unauthorized truck access to the develoment at 2701 Ocean Park Boulevard. Discussion was held. Council directed staff to investigate the problem and report back to Council and Mr. Partridge and the neighborhood residents. 13-B: LIBRARY POLICY: Presented was the request of Frank Tuler to address Council regarding library policy and periodical reading. Staff indicated that Mr. Tuler' s problem had been resolved. Mr. Tuler's request to address the Council was received and filed. l3-C: OCCIDENTAL OIL COMPANY DRILLING PROJECT/PACIFIC PALISADES: The request of Ken Genser to address Council regarding Occidental Oil Company drilling project in Pacific Palisades was continued to October 25, 1988, as a "5" Item at the request of Mr. Genser. 13-0: POLICE SERVICES AND VIRGINIA PARK: Presented was the request of Lyni A. Duran to address Council regarding expansion of pOlice services at Virginia Park. Ms. Duran spoke in support of increased youth services and expansion of facilities in Virginia Park. Discussion was held. Councilmember Reed moved to direct staff to take this suggestion for enhanced youth programs in concert with the Police Department operation to the Recreation and Parks Commission, so that the Commission can start the exploration of what kind of need exists, what amount of space is necessary to meet the need, how to provide the space, and the costs of the space, and to direct staff to report back to Council. Second by Mayor Pro Tempore H. Katz. During discussion Councilmember Zane moved to direct staff to return with a progress report within 60 days, and to notify Ms. Duran when the item returns to the Council agenda. The amendment was accepted as friendly by the maker and second of the motion. The motion, as amended, was unanimously approved. 14-A: PLANNING COMMISSION: Presented was the matter of the appointment of a member to the Planning Commission. Mayor Conn 9 October II, 1988 21 declared nominations opened. Councilmember Zane nominated Laurel Roennau. Mayor Pro Tempore H. Katz nominated John Kaufman. Mayor Conn nominated Margaret Henry. Hearing no other nominations, the nominations were declared closed. The vote on the nominations was as follows: Laurel Roennau: Councilmembers Finkel, Zane John Kaufman: councilmembers Jennings, A. Katz, H. Katz, Reed Margaret Henry: Mayor Conn Therefore, John Kaufman was appointed to the Planning commission for a term ending June 30, 1991. 5-A: ARCHITECTURAL REVIEW BOARD: Councilmember Reed moved to direct the City Clerk to advertise for the vacancy on the Architectural Review Board created by the promotion of John Kaufman to the Planning Commission, and specify that that vacancy be filled by an architect. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. By this action, Council confirmed the appointment of Terry Graboski to the Architectural Review Board to fill the vacancy created by John Kaufman, for a term ending June 30, 1989. 14-B: AIR QUALITY MANAGEMENT PLAN: Presented was the request of Councilmember Reed to discuss support for the Air Quality Management Plan. councilmember Reed moved to direct staff to prepare an outline briefing the council on the contents of the plan and to return to Council at its next meeting with a resolution prepared for council adoption, if Council chooses to support the Air Quality Management Plan. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-C: PAYROLL DEDUCTION PLAN/CHILD SUPPORT PAYMENTS: Presented was the request of Councilmember A. Katz to discuss implementing a payroll deduction plan for child support payments. Councilmember A. Katz moved to direct staff to investigate, and if feasable, implement a program that would permit city of Santa Monica employees to have their child support payments automatically witheld from their paychecks and forwarded to their ex-spouse. Second by Councilmember Reed. Discussion was held. The motion was unanimously approved. 14-0: RADON GAS: Presented was the request of Councilmember Zane to discuss a possible City test to determine extent, if any, of the presence of radon gases in the soil. Councilmember Zane moved to direct staff to develop a program to determine the extent, if any, of the presence of radon gases in the soils of our community, and to direct staff to return to council with their recommendation for the development of the program. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. 10 October 11, 1988 22 14-E: OCCIDENTAL OIL COMPANY/COASTAL DRILLING: The request of Councilmember Zane to discuss problems created for Santa Monica by potential occidental oil drilling on the coast was continued to October 25, 1988, as a tlstl item. 14-F: MALATHION SPRAYING: Presented was the request of Councilmember Zane to discuss city attitude regarding malathion spraying. councilmember Zane moved to direct staff to examine options for dealing with the medfly on a local level so as to avoid aerial spraying if feasible. Second by councilmember A. Katz. Discussion was held. The motion was unanimously approved. 14-G: L.A. COUNTY CONDOM AND BLEACH DISTRIBUTION PROGRAM: Presented was the request of Mayor Conn to discuss support of West Hollywood I s request the that County Board of supervisors reconsider proposed condom and bleach kit distribution program. Mayor Conn moved to request council to join with West Hollywood in petitioning the County of Los Angeles to reconsider their position regarding distributing condoms and bleach kits to high risk individuals to prevent the spread of HIV infection. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. 14-H: COUNCIL CHAMBERS FEE/STATE LANDS COMMISSION: Presented was the request of Mayor Conn to discuss waiving the fee for use of the Council Chambers by the State Lands Commission on october 7, 1988. Mayor Conn moved to waive the fee for the use of the Council chambers. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-I: ASBESTOS CLEANUP: Presented was the request of Counci1member A. Katz to discuss the cleanup of asbestos in sites identified in the state Department of Health study. Councilmember A. Katz moved to request council to support Supervisor Kenneth Hahn's motion for the cleanup of sites identified in the state study of asbestos sites; to support an additional motion to fund an inspection of all 4,500 county-owned or leased buildings to determine their asbestos condition, if any; to direct staff to consider ways to assist the County in its study as it relates to the County building in Santa Monica: and to direct staff to report on the status of any asbestos studies that may have been conducted concerning asbestos in Santa Monica owned or leased buildings or, if no such studies have been done, to direct staff to report back to Council as soon as possible with a plan to conduct such a study. This study to be coordinated with the School and College District to include their facilities, if possible. Second by Mayor Pro Tempore H. Katz. Discussion was held. Councilmember Finkel moved to amend the motion to include the direction to staff to examine and make appropriate recommendations for possible action to provide substitute health facilities during the period of the shut-down of county health facilities. The amendment was accepted as friendly by the maker and second of the original motion. The motion, as amended, was unanimously approved. 11 October 11, 1988 23 14-J: COUNCILMEMBER REED/COUNTY TRANSPORTATION COMMISSION: Presented was the request of Councilmember Reed to discuss support for re-election to Los Angeles county Transportation Commission. Councilmember A. Katz moved to express Council's support of Councilme1llber Reed t s re-eletion to the Los Angeles County Transportation Commission. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14 -J{: COUNCILMEMBER REED/ CALFORNIA LEADERSHIP CONFERENCES ON WATER: Presented was the request of Councilmember Reed to discuss authorization to charge to travel account meetings and conference costs related to the California Leadership organization on water policy issues. Mayor Pro Tempore H. Katz moved to authorize Councilmember Reed to charge to her travel account those expenses related to her attendance at meetings and conferences on water policy issues. Second by councilmember Reed. The motion was unanimously approved. 14-L: YOUTH SERVICES: Presented was the request of Councilmember Jennings and Mayor Pro Tempore H. Katz to discuss actions to improve quality of services provided to city youths. councilmember Jennings moved to request that Councilts representatives on the city/School cooperation Committee work with the School District on developing an effective method for soliciting input from high school and middle school students regarding their needs, for example, either a written surveyor a series of assemblies; and request that representatives on that committee and staff establish a working group of interested youths to facilitate the above-mentioned information gathering and develop the ideas generated by that process. The goal of this working group would be to identify those youths who are leaders and should form the nucleous of a Youth commission. Second by Mayor Pro Tempore H. Katz. councilmember Finkel moved to amend the motion to include the provision of refering this same issue to the Youth Taskforce, and directing the liaisons to emphasize, in their discussions with the School District, that Council's intent is to get at the at-risk students. Discussion was held. The amendment 'Was accepted as friendly by the maker and second of the motion. Discussion was held. The motion, as amended, was unanimously approved. l4-M: COUNCIL CHAMBERS FEE/CALIFORNIA ENERGY C~MMISSION: Presented was the request of Mayor Conn to discuss waiving fee for use of Council Chambers by California Energy Commission on October 19, 1988. Mayor Conn moved to waive the fee for use of the Council Chambers. Second by Councilmember A. Katz. The motion was unanimously approved. Mayor Conn moved to add Item 14-N to the Council agenda as the need to take action arose after the agenda was posted. The motion was duly seconded and unanimously approved. 14-N: PROPOSITION 99: Presented was the request of Mayor Conn to discuss supporting proposition 99, the initiative to add a tax 12 October 11, 1988 24 to cigarettes. Mayor Conn moved to express council's support of proposition 99. Second by Councilmember A. Katz. The motion was unanimously approved. 11-B: 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. councilmember Jennings moved to approve settlement of a claim by Vaughn Printing, Inc. v. City of Santa Monica, et al., Claim No. CSM 88-4-239, in the amount of $16,432 . 40 . Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ADJOURNMENT: At 1:15 a.m., the meeting was adjourned in memory of Assemblyman Ernest Tucker, and Jack Schermerhorn. ATTEST: ----- /- ,-t'"" rh x....-C- /) J -:::T / ?- ' ,#{d-?~C(/f-~-- '-- Donna R. Betancourt Acting city Clerk "- 13 October 11, 1988