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
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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.
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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
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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
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October II, 1988
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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
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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
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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
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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,
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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
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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.
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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.
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October 11, 1988
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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
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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:
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Donna R. Betancourt
Acting city Clerk
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October 11, 1988