M-10/14/1986
161
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 14, 1986
A meeting of the Santa Monica city council was called to order by I
Mayor Reed at 6: 05 p. m. on Tuesday, October 14, 1986, in the
Council Chambers for the purpose of holding a Closed Session,
called by Special Notice, to consider personnel matters and
threatened litigation, pending litigation, and litigation to be
commenced by the City.
Roll Call: Present: Mayor Christine E. Reed
Mayor Pro Tempore William H. Jennings
(entered during Closed Session)
Councilmember James P. Conn
councilmember David G. Epstein
Councilmember Alan S. Katz
Councilmember Herb Katz
(entered at 6:07 p.m.)
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Ann M. Shore
CLOSED SESSION: At 6: 06 p.m., Councilmember Epstein moved to
adjourn to Closed Session. Second by Councilmember A. Katz. The
motion was unanimously approved. At 7: 32 p.m., Council
reconvened, with all members present. Mayor Reed announced that
litigation actions would be reported later in the evening.
ADJOURNMENT: At 7:32 p.m.,
adj ourn the Closed Session.
unanimously approved.
~ouncilmember Epstein moved to
The motion was duly seconded and
REGULAR CITY COUNCIL MEETING
A regular meeting of the Santa Monica City council was called to
order by Mayor Reed at 7:33 p.m. on Tuesday, October 14, 1986, in
the Council Chambers. Counci1member Epstein led the assemblage
in the pledge of allegiance to the United States of America.
Reverend James P. Conn, Church in Ocean Park, offered the
invocation.
Roll Call: Present: Mayor Christine E. Reed
Mayor Pro Tempore William H. Jennings
Councilmember James P. Conn
Councilmember David G. Epstein
Councilmember Alan S. Katz
Councilmember Herb Katz
Councilmember Dennis Zane
1
October 14, 1986
I
162
Also Present: City Manager John Jalili
city Attorney Robert M. Myers
City Clerk Ann M. Shore
Councilmember Conn moved to add late Items 4-B, 11-0 and to
return the subject of prevailing wage requirements to the agenda
as Item 14-L. The motion was duly seconded and unanimously
approved. Councilmember Epstein moved to consider Item 12-A
after Item 4-C in the agenda. Second by Mayor Reed. The motion
was unanimously approved.
4-A: POLITICAL MAILING: The request of David Finkel t Rent
Control Board, to address Council regarding political mailings
was withdrawn at the request of the Rent Control Board.
4-B: COMMUNITY CORPORATION/PUBLIC HOUSING CERTIFICATE: Mayor
Reed presented a Certificate of Special Merit to the Community
Corporation of Santa Monica from the u.S. Department of Housing
and Urban Development in recognition of the corporation's ability
to minimize public expenditures for affordable housing.
4-C: PIER RESTORATION CORPORATION: The city Clerk announced
that applications are invited to fill vacancies on the Pier
Restoration Corporation, appointments to be made at the Council
meeting to be held November 11, 1986.
12-A: REPLACEMENT OF HOME SAVINGS BUILDING AT 2600 WILSHIRE
BOULEVARD: Presented was an appeal of the Planning Commission
decision denying Development Review 333 proposing replacement of
an office building at 2600 Wilshire Boulevard:
Applicant/appellant: Home Savings of America. Discussion was
held. Councilmember Epstein moved to continue Item 12 -A to
November 11, 1986 (due to an improper noticing procedure) and
direct staff to renotice the matter, the notice to specifically
reference both the height and feet, the nature of the project as
a bank and office project, and the number of stories in the
proposed development. Second by Mayor Reed. Discussion was
held. Councilmember Zane moved a substitute motion that the
hear ing be held on November 25th or the meeting thereafter.
Second by Councilmember H. Katz. Discussion was held. with no
objection from the second, Councilmember Zane amended the
substitute motion to hear the matter at the first meeting in
December. Discussion was held. During discussion, councilmember
Zane withdrew his substitute motion and accepted Councilmember
Epstein'S amendment to the original motion to change the date to
the first regular Council meeting in December, including all the
other specifics about the notice. The motion, as amended, was
approved by the following vote:
Council vote: Unanimously approved 7-0
5-A: LOADING ZONE/INFANT CENTER AT 1635 CENTINELA AVENUE:
Presented was the request of Dorothy Burnett to address Council
regarding the loading and unloading zone adj acent to Years to
Grow Infant Center at 1635 Centinela Avenue, continued from
September 23, 1986. Ms. Burnett requested that Council grant a
2
October 14, 1986
163
loading zone for the infant center for the hours between 7 a.m.
and 9 a.m. Discussion was held. Councilmember Conn moved to
direct staff to paint the curb green in front of 1635 centinela
Avenue (including the hours of the zone stencilled on the curb).
Second by Councilmember A. Katz. Discussion was held. During
discussion, Councilmember Conn included in the motion
councilmember A. Katz I s suggestion to instruct staff to meet
wi th the Los Angeles Police Department, or whoever is I
appropriate, to work out an enforcement agreement for the curb
along the common boundaries, if one does not already exist.
Discussion was held. Councilmember Epstein moved a substitute
motion that staff report within 30 days on how to solve the
problem, after consulting with the city of Los Angeles and, if
advisable, other people on the street. Second by Mayor Reed.
Discussion was held. The substitute motion failed by a voice
vote. Discussion was held. The main motion was approved by a
voice vote of 4 to 3, Councilmembers Epstein, Jennings, and Mayor
Reed opposed.
5-B: PLAYA VISTA PROJECT: Presented was the request of
Councilmember Zane to discuss the environmental impacts of the
City of Los Angeles Playa Vista Project, the adequacy of the
Coastal Transportation Corridor Specific Plan, and direction to
staff to investigate options, continued from September 23, 1986.
Councilmember Zane introduced discussion. Councilmember Epstein
moved to refer the matter to staff and the City Attorney for a
report at an early date and include a preliminary look at the
data analysis (conducted by a graduate student on the EIR).
Second by Councilmember Zane. Discussion was held. The motion
was unanimously approved.
5-C: SEATING ON SOUTH BEACH PEDESTRIAN WALK: Presented was the
request of Mayor Reed to discuss plans for shaded seating on the
south Beach pedestrian walk, continued from September 23, 1986.
Mayor Reed introduced discussion and moved to direct staff to
review and report on how to accomplish providing some shaded
seating on the South Beach pedestrian walkway, either by growing
things or by structure, and whether we can afford to do this in
the current budget or next year r S budget. Second by
Councilmember Zane. Discussion was held. The motion was
approved by unanimous vote.
There being no objection, Items 5-D and 5-E were considered
together.
5-D and 5-E: ELDERLY SUBSIDIZED HOUSING/FHA RENTAL SUBSIDIES:
Presented was the request of Councilmember A. Katz to discuss
direction to staff to report regarding owners buying out of
commitments to maintain elderly subsidized housing and the
request of Councilmember Zane to discuss notification to
legislators of City support for increases and extensions in
rental subsidies to keep FHA-assisted buildings affordable,
continued from September 23, 1986. Councilmember A. Katz
introduced discussion. Discussion was held. There being no
objection, staff was ordered to contact legislators and encourage
them to take steps to protect City housing units that will be
3
October 14, 1986
I
164
affected, gather more data, ask the Housing Commission and the
Rent Control Board for their input, and report back to Council.
6. CONSENT CALENDAR: Presented was the Consent Calendar whereby
all items are considered and approved in one motion unless
removed from the calendar for discussion. Councilmember H. Katz
moved to approve the Consent Calendar with the exception of Items
6-E, 6-F, 6-G, and 6-P, reading resolutions and ordinances by
titles only and waiving further reading thereof. Second by Mayor
Reed. The motion was approved by the following vote:
council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The minutes of the city Council meeting
held September 23, 1986 were approved as presented.
6-B: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS: Resolution No.
7314 (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-86-90),"
was adopted, thereby setting the public hearing for December 9,
1986.
6-C: DRUG ABUSE PREVENTION: Resolution No. 7315(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SUPPORTING THE STATE DEPARTMENT OF EDUCATION AND THE DEPARTMENT
OF JUSTICE I S PROPOSAL ADVOCATING THE DEVELOPMENT OF DRUG ABUSE
PREVENTION PROGRAMS IN LOCAL SCHOOLS," was adopted.
6-D: TRACT MAP 17146 AT 128-136 GEORGINA AVENUE/TRACT MAP 44134
AT 128 GEORGINA AVENUE: Resolution No. 7316 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 17146," and
Resolution No. 7317 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 44134," were adopted, thereby
approving tract maps, for a two-lot subdivision at 128-136
Georgina Avenue and for a ten-unit condominium at 128 Georgina
Avenue.
6-H: LIBRARY GRANT FROM CABLE TELEVISION FOUNDATION: A
recommendation was approved to accept a grant awarded to the
Santa Monica Public Library by the Foundation for Community
Service Cable Television for producing two art and music resource
programs, and to authorize the appropriation increase to make the
necessary revenue and expenditure adjustments.
6-1: STREET RESURFACING: Reconsidered and removed from the
Consent Calendar for reconsideration.
6-J: BOARD/COMMISSION APPLICATION FORM: A recommendation was
approved to revise the Board and Commission application form to
indicate Commissions which prohibit paid office or employment
with the City.
4
October 14, 1986
165
6-K: CABLE AND CHASSIS/PUBLIC FACILITIES MAINTENANCE
DIVISION:Bid No. 2071 was awarded to Claude Short Dodge in the
amount of $18,211.50 for one 10,500 GVW Cab and Chassis with
special service type body for the Public Facilities Maintenance
Division of the General Services Department.
6-L: REFUSE PACKERS/WASTE COLLECTION DIVISION: Bid No. 2072 was
awarded to Refuse Trucks, Inc., in the amount of $123,282.26 for
modification of rear loading refuse packers for the Waste
Collection/Disposal Division of the General Services Department.
6-M: TRUCK TRACTOR/WASTE COLLECTION DIVISION: Bid No. 2073 was
awarded to Universal Mack Truck in the amount of $60,339.71 for
one 80,000 GCW truck tractor for the Waste Collection/Disposal
Division.
6-N: REFUSE PACKER/WASTE COLLECTION DIVISION: Bid No. 2074 was
awarded to Refuse Trucks, Inc., in the amunt of $84,107.31 for
one 29 yard s ide loading refuse packer for the Waste
Collection/Disposal Division.
6-0: STREET SWEEPER/WASTE COLLECTION DIVISION: Bid No. 2075 was
awarded to Nixon Egli Equipment Co. in the amount of $91,302.45
for one four cubic yard diesel-powered street sweeper for Waste
Collection/Disposal Division.
6-Q: CAB AND CHASSIS/WATER DIVISION:
to Claude Short Dodge in the amount of
Cab and Chassis with stake bed and
Division.
Bid No. 2077 was awarded
$17,466 for one 10,500 GVW
lift gate for the Water
6-R: CAB AND CHASSIS/GENERAL SERVICES DEPARTMENT: Bid No. 2079
was awarded to Claude Short Dodge in the amount of $22,631.25 for
one 3/4 ton cab and chassis with special bin handling unit for
General Services Department.
6-S: CAB AND CHASSIS/ELECTRICAL FACILITIES DIVISION: A
recommendation was approved to reject Bid No. 2080 for 16,500 GVW
Cab and Chassis with special service body and personnel lift
mounting for the Electrical Facilities Division.
6-T: SWEEPER/STREET SWEEPING DIVISION: Bid No. 2081 was awarded
to Tennant Company in the amount of $19,448.87 for one 14 cubic
foot gasoline powered sweeper for the Street Sweeping Division.
6-U: SEDANS/FIRE DEPARTMENT: A recommendation was approved to
reject Bid No. 2078 for two 4-door sedans for the
Prevention/Education Division of the Fire Department.
6-V: GENERAL SERVICES DEPARTMENT/OBSOLETE RECORDS DESTRUCTION:
Resolution No. 7319 (CCS) entitled: itA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE DESTRUCTION
OF CERTAIN RECORDS OF THE GENERAL SERVICES DEPARTMENT PURSUANT TO
GOVERNMENT CODE SEC'rION 34090," was adopted.
5
October 14, 1986
I
I
166
6-W: EMPLOYEE BENEFITS/ASSISTANT CITY ATTORNEY: Resolution No.
7320 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING FRINGE BENEFITS OF THE
ASSISTANT CITY ATTORNEY," was adopted, thereby setting the
employee benefits and privileges of the Assistant city Attorney
to be the same as those provided or extended in the Executive Pay
Plan adopted by Resolution No. 7285(CCS).
END OF CONSENT CALENDAR
6-E: INDUSTRIAL WASTE PROVISIONS/LOS ANGELES COUNTY: Presented
was a staff report transmitting a resolution requesting Los
Angeles County to provide enforcement of industrial waste
provisions, authorizing the city Manager to execute a contract
with the county for such services, and appropriating $30,000 for
reimbursement to the County. Councilmember Zane introduced
discussion and moved the staff recommendation, thereby adopting
Resolution No. 7318 (CCS) enti tIed: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA REQUESTING LOS ANGELES COUNTY
PROVIDE ENFORCEMENT OF INDUSTRIAL WASTE PROVISIONS OF THE
MUNICIPAL CODE AND AUTHORIZING EXECUTION OF AN AGREEMENT
(Contract No. 4831(CCS)) WITH THE COUNTY OF LOS ANGELES," reading
by ti tIe only and waiving further reading thereof, and
appropriating $30,000 from the Wastewater Fund to account number
31-500-661-000-506 for reimbursement of the county for industrial
waste services provided during FY 1986-87; including in the
motion direction to staff to return to Council at the mid-year
budget review with an evaluation of cost and the effectiveness of
the city's assuming responsibility for this service. Second by
Councilmember Epstein. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
6-1: REQUEST FOR RECONSIDERATION: Councilmember Zane moved to
reconsider Item 6-1. Second by Mayor Reed. The motion was
unanimously approved (and the item was reconsidered after Item
6-G) .
6-F: ANIMAL SHELTER: A recommendation was approved to award a
contract to Hared Construction Co., Inc., in the amount of
$39,558 to remodel the animal shelter and authorize the necessary
change orders. Mayor Pro Tempore Jennings introduced discussion
and moved to approve the staff recommendation, thereby awarding
Contract No. 4829(CCS) to remodel the kennels in the Police
Department animal shelter to Hared Construction Co., Inc., in the
amount of $39,558, and (2) authorizing the City Engineer to
issue any change orders necessary to complete additional work to
the extent of funds available in accordance wi th the
Administrative Instruction on Change Orders. Second by
Councilmember A. Katz. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
6
October 14, 1986
167
6-G: WOMEN'S DAY CENTER/16l6 OCEAN AVENUE: Presented was a
staff report recommending approval of the Grantee Workplan and
Budget for a Women's Day Center to be operated by the Ocean Park
Community Center at 1616 Ocean Avenue, authorization for
operating funds in the amount of $88,153, and authorization to
the city Manager to negotiate and execute a Grantee Agreement and
Commercial Lease. Discussion was held. Councilmember Epstein I
moved to continue this matter for two weeks, direct staff to
notice adjoining tenants and property owners to a 300 foot
radius, and reference the address where the use is planned.
Second by Councilmember H. Katz. Discussion was held. The
motion was approved by a vote of 6 in favor, Councilmember Conn
abstaining.
6-I: STREET RESURFACING: Presented was a staff report
recommending approval of a change order with Sully Miller to
complete the 1985-86 street resurfacing program. councilmember
Zane introduced discussion. Discussion was held. Mayor Reed
moved to approve the staff recommendation, thereby approving the
change order to Sully Miller Contracting Co., contract No.
4669 (CCS), in the amount of $255,389.36 to perform additional
resurfacing work. Second by Mayor Pro Tempore Jennings. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz, Reed
Negative: Councilmember Zane
6-P: OFFICE FURNITURE/INFORMATION SYSTEMS: Presented was a
staff report recommending award of Bid No. 2076 to Gateway
Business Interiors to furnish, deliver, and install office
furni ture for the Information Systems Department. Mayor Pro
Tempore Jennings introduced discussion. Discussion was held.
Councilmember Epstein moved to approve the staff recommendation,
thereby awarding Bid No. 2076 to Gateway Business Interiors in
the amount of $45,562.65. Second by Mayor Reed. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
Mayor Pro Tempore Jennings moved to add to this agenda as a "14"
Item the issue of legal constraints in terms of whether Council
wishes to go with the second lowest bidder if it's a women- or
minority-owned business enterprise. Second by Councilmember A.
Katz. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Epstein, Jennings,
A. Katz
Negative: Councilmembers Conn, H. Katz,
Zane/ Mayor Reed
Councilmember Conn requested the record to reflect that his no
vote is because he thinks that, if this is a subject that needs
to be taken seriously, and if it's not something that has been
7
October 14, 1986
I
168
done in the last four years, it does not need to be done tonight,
but it can be put on the agenda in two weeks, and Council can
think about it seriously and figure out how to solve the problem.
Councilmember H. Katz requested the record to reflect that his no
vote is for the same reason as Councilmember Connls.
I
Councilmember Zane requested the record to reflect that his no
vote is that while he agrees this is an area he'd like to look
at, he would like to wait two weeks because the agenda now is
full.
Mayor Reed requested the record to reflect that her no vote is
for the same reason as articulated by Councilmember Conn.
7-A: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a
staff report and a public hearing regarding assessment of costs
to repair damaged sidewalks, driveways and curbs (SR-86-87). The
public hearing was declared at 9: 10 p. m. There being no one
wishing to be heard, Councilmember Epstein moved to close the
public hearing. Second by Councilmember Conn. The motion was
unanimously approved. Councilmember Conn moved to overrule any
objections and to adopt Resolution No. 7321(CCS) entitled:
"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-86-87),"
reading by title only and waiving further reading thereof.
Second by Councilmember Epstein. The motion was approved by the
following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember H. Katz
7-B: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a
staff report and a public hearing on assessment of costs to
repair damaged sidewalks, driveways and curbs (SR-86-89).
Discussion was held. Councilmember Conn moved to carry this item
over to December 9th because of a problem with some of the
assessments. The motion was duly seconded and approved by
unanimous vote.
7-C: TREE PLANTING ASSESSMENT/BROADWAY: Presented was a staff
report and a public hearing to confirm assessments for planting
trees on Broadway between 4th and 17th Streets. At 9:15 p.m.,
the pub 1 ic hearing was declared opened. Fred Judson spoke in
opposition to the type of trees being planted. There being no
one else wishing to be heard, Councilmember Epstein moved to
close the public hearing. Second by Mayor Reed. The motion was
unanimously approved. Councilmember Epstein moved to acknowledge
the protest and approve the staff recommendation, thereby
adopting Resolution No. 7322(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF
THE SUPERINTENDENT OF STREET REGARDING PLANTING OF TREES ON
BROADWAY BETWEEN 4TH AND 17TH STREETS IN THE CITY OF SANTA
MONICA," reading by title only and waiving further reading
8
October 14, 1986
169
thereof. Second by Councilmember Conn. The motion was approved
by the following vote:
council vote: Unanimously approved 6-0
Absent: Councilmember H. Katz
. I
7-0: UTILITY UNDERGROUNDING/13l3, 1421 AND 1425 OCEAN FRONT
WALK: Presented was a staff report and a public hearing to
confirm assessments for undergrounding of utilities at 1313, 1421
and 1425 Ocean Front Walk. At 9:20 p.m., the public hearing was
declared opened. There being no one wishing to be heard, the
public hearing was declared closed. Discussion was held.
Councilmember Epstein moved to continue this matter and the
publ ic hearing to October 28, 1986, on the advice of the city
Attorney due to a claim by a property owner that he received
notice only one day prior to the hearing. Second by
Councilmember Conn. The motion was approved by unanimous vote.
10-A: FEDERAL AIRPORT AND AIRWAYS IMPROVEMENT ACT: Presented
was a recommendation of the Airport Commission to adopt and
advocate a position calling for reauthorization of the Federal
Airport and Airways Improvement Act funding program. Roger
Muhlbach, Chairperson of the Airport Commission, requested
Council to support the position and communicate with legislators.
Discussion was held. Councilmember Conn moved to adopt and
actively advocate a position calling for a five-year
reauthorization of the Airport and Airways Improvement Act and
communicate to legislators a position which embodies the
following principles: ( 1) The Airport Trust Fund should be
removed from the Federal Unified Budget so that it is not held
"hostage" to the deficit problem. (2) The $5-6 billion
uncommitted surplus should be drawn down and spent at $1 billion
per year on research and development into aviation safety, on
airport safety improvements, and to modernize the air traffic
control and air navigation systems. (3) The Airport Improvement
Program should be initially funded at $1.4 billion per annum with
an annual 4% inflation rate. Funding priority should be given to
safety at airports located in congested Terminal Control Areas.
(4) Consideration should be given to a state administered block
grant program for reliever, non hub and general aviation
airports. Urban reliever airports such as Santa Monica should be
guaranteed at least 10% of the overall Airport Improvement
Program. Noise funding should be substantially increased. (5)
city staff should be instructed to work closely with the American
Association of Airport Executives, the Aircraft Owners and pilots
Association, and the National Association of state Aviation
Officials to further refine this position. Second by
Councilmember A. Katz. The motion was unanimously approved.
10-B: AIRLINE FLIGHT ATTENDANTS: Presented was the request of
the Commission on the Status of Women (COSW) to discuss
authorization to write a letter of support for striking TWA
flight attendants. Inese Lacey, COSW Chairperson, expressed the
commission I s support for the flight attendants in their strike
and requested Council to authorize a letter of support.
9
October 14, 1986
I
170
Discussion was held. Councilmember Epstein moved to authorize
the cosw to write the letter of support as requested. Second by
Mayor Reed. Councilmember Zane moved an amendment that the City
Manager adopt a policy which essentially directs all city staff
not to fly TWA, and to ask the Mayor to direct correspondence
about Council's action to the membership cities of the California
League of Cities and the Independent cities Association within
California and urge them to take similar action, including in the
motion Councilmember A. Katz's suggestion that the letter also be
sent to TWA. Discussion was held. During discussion,
councilmember Zane, with no objection from the second, included
in the amendment Mayor Pro Tempore Jennings' suggestion to
include the EEOC, Department of Transportation, and the House of
Representatives and Senate Transportation committees, and to
direct the League of California cities voting delegate to vote in
favor of a resolution if one is before the League. The amendment
as enhanced was approved by unanimous vote. The main motion, as
amended, was approved by unanimous vote.
11-A: AIRPORT LAND ANNEXATION: Presented was a staff report
recommending adoption of resolutions and authorization of actions
to accommodate requests by Los Angeles City in connection with
annexation of a parcel of land in the northeast corner of Santa
Monica Airport. Discussion was held. Councilmember Epstein
moved to adopt all the documents referenced in the the staff
report, and make the corrections to all the documents on the
Airport annexation, thereby (1) adopting Resolution No.
7323(CCS) entitled: t1A RESOLUTION OF APPLICATION BY THE CITY OF
SANTA MONICA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO
TAKE PROCEEDINGS FOR 'REORGANIZATION NO.8, PARCELS A AND B',
BETWEEN THE CITIES OF SANTA MONICA AND LOS ANGELES," reading by
title only and waiving further reading thereof; (2) adopting the
revised Joint Resolution 7324(CCS) (replacing Resolution No.
7222) entitled: t1A JOINT RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AND THE CITY COUNCIL OF THE CITY OF LOS
ANGELES APPROVING AND ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY
TAX REVENUE RESULTING FROM 'REORGANIZATION NO.8, PARCELS A AND
B' BETWEEN THE CITIES OF SANTA MONICA AND LOS ANGELES," reading
by title only and waiving further reading thereof; (3 )
allocating $75,000 in FY 1986-87 Gas Tax funds from Account No.
01-770-421-000-917 to construct 11,240 square feet of sidewalk on
Bundy Drive; and (4) directing the city Clerk to certify eight
copies of the joint Resolution and one copy of the Resolution of
Application to be forwarded to the Local Agency Formation
Commission and authorizing staff to take whatever other actions
are necessary to complete the application process. Second by
Councilmember Zane. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
11-B: AFFIRMATIVE ACTION PLAN UPDATE: Presented was staff
report recommending approval of the 1985-86 Affirmative Action
Plan Update and 1986-87 Policy statement, Workplan and Goals.
Discussion was held. Councilmember Conn moved to approve the
Affirmative Action Plan Update and its Policy Statement, Workplan
10
October 14, 1986
171
and Goals for 1986-87, including Councilmember A. Katz's
suggestion to improve the reporting on the handicapped and the
disabled. Second by Mayor Reed. The motion was approved by a
vote of 6 to 1, councilmember Epstein opposed.
ll-C: EMPLOYEE CHILD CARE BENEFIT PROGRAM: Presented was a
staff report recommending establishment of an employee child care I
benefit program. Sandra Burud, consultant, Child Care Planning
and Management, presented findings of the child care needs
analysis. Discussion was held. Councilmember Epstein moved to
adopt the staff recommendation, including Mayor Reed's suggestion
to meet with the Santa Monica College District with regard to
possible use of some space in their child care center and
Councilmember A. Katz's suggestion regarding cooperation with
neighbors such as Rand, Santa Monica Place, etc., thereby ( 1)
approving the establishment of an employee child care benefit
program to be developed in three phases as outlined in the staff
report, (2) approving the expenditure from account
#01-700-274-000-785 of up to $5,000 for consultant services to
establish the eligibility criteria for Phase I of the program and
$5,000 to contract with Connections for Children (Contract No.
4833 (CCS)) for the identification and recruitment of emergency
care providers for use by City employees, (3) author iz ing the
City Manager to issue a Request for Proposal for a local provider
to offer child care to mildly-ill children for a start up of cost
not to exceed $45,000 and an operating subsidy of $6,500
annually, and (4) authorizing the City Manager to initiate
discussions with the Santa Monica/Malibu School District
regarding the establishment of Phase III of the employee child
care benefit program. Second by Councilmember A. Katz.
Discussion was held. Councilmember Conn moved to hear from
members of the public for three minutes each. The motion was
duly seconded and unanimously approved. Ellen Khokha, lnese
Lacey, Dolores Press and Marcie Simmons spoke in support of the
staff recommendation. Discussion was held. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
11-0, ll-E, I1-F: Considered after Item l3-B.
Councilmember Zane moved to consider the "13" items next so that
people wishing to speak on those items can be heard. Second by
Mayor Reed. The motion was unanimously approved.
13-A: LATINO PARTICIPATION IN CIVIC AFFAIRS: Presented was the
request of Isabel Martin to address Council regarding Latino
participation in community and civic affairs. councilmember
Epstein moved to give the group of people wishing to be heard 10
minutes to divide up however they wish. Second by CouncilmeIDber
A. Katz. There being no objection, it was so ordered. Leocricia
MurillO, interpreter for the group, spoke regarding the concerns
and needs of the Latino community in the City of Santa Monica.
Discuss ion was held. There being no obj ection , it was agreed
that staff will fix the Latino assistance phone number problem,
11
October 14, 1986
I
172
and review and report regarding progress on the recommendations
of the Latino Task Force.
13-B: STATUTE OF LIMITATIONS: Presented was the request of
David Silvers (not present) to address Council regarding
enforcement of statute of limitations. Mayor Reed moved to
receive and file the communication. Second by councilmember
Conn. There being no objection, it was so ordered.
13-C: SISTER CITIES STREET SIGNS: Presented was the request of
Jeanette T. Ford, President, sister cities Association, to
address council regarding placement of special street signs to
commemorate sister cities. Ms. Ford requested that International
Sister City street signs be placed at the Main street entrances
of the driveways on either side of city Hall. Councilmember
Epstein moved to refer to staff the question of how to
appropriately memorialize and publicize our sister cities
relationship and work with the sister cities Association in this
regard. Second by Councilmember Conn. There being no objection,
it was so ordered.
13-0: OCEAN TOWERS FIRE SPRINKLER SYSTEM: Presented was the
request of MiChael Connor to address Council regarding fire
sprinkler systems in the Ocean Towers. Councilmember Zane moved
to allow 10 minutes total for the public wishing to be heard.
Second by councilmember H. Katz. The motion was unanimously
approved. Michael Conner, Robert Skodis, and Dr. David Dantes
spoke to request that Ocean Towers be granted a variance to
Ordinance 1217 requiring a sprinkler system in that the
installation process will activate asbestos. Discussion was
held. Councilmember Epstein moved to extend the meeting to
midnight. The motion was duly seconded and approved. Discussion
was held. Councilmemher Epstein moved to receive and file the
communication. Second by Councilmember H. Katz. Councilmember
A. Katz moved a substitute motion to direct staff to report on
the advisability of alternative means of fire protection for
buildings with known asbestos situations. Second by
Councilmember Zane. Discussion was held. The substitute motion
was unanimously approved.
11-0: PARKING STRUCTURE REMODEL: Continued to October 28, 1986.
ll-E: LIFEGUARD SERVICES: Continued to October 28, 1986.
11-F: CLOSED SESSION: Presented later in the evening.
l2-A: REPLACEMENT OF HOME SAVINGS BUILDING AT 2600 WILSHIRE
BOULEVARD: Presented earlier in the evening.
12-B: TENTATIVE PARCEL MAP/CONDOMINIUM PROJECT AT 1217 22ND
STREET: Presented was an appeal of Planning Commission condition
of approval of Tentative Parcel Map 17954 and Conditional Use
Permit 425 requiring alley only access to the parking garage of a
4-unit condominium at 1217 22nd street: Applicant/Appellant:
Anoosh Askari. Discussion was held. James Lunford, representing
the applicant, spoke in support of the appeal. Discussion was
12
October 14, 1986
173
held. Councilmember H. Katz moved to grant the appeal, deleting
Special Condition No. 1 (requiring alley-only access to the
parking garage) and otherwise adopting the findings of the
Planning Commission. Second by Councilmember Epstein.
Discussion was held.
Council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz,
Mayor Reed
Negative: Councilmember Zane
13-A, 13-B, 13-C, 13-0: Considered earlier in the evening.
There being no objection, it was ordered that Items 14-A, 14-E,
14-G, and 14-J will be continued to the next regular Council
meeting as 5 items.
14-A: BICENTENNIAL COMMUNITY CELEBRATION: continued to October
28, 1986 as a 5 item.
14-B: PLANNING COMMISSION: Presented was the matter of
appointment of a member to the Planning commission. Nominations
were declared opened. Councilmember Epstein nominated Russell
Latimer. councilmember Zane moved to appoint Mr. Latimer by
acclamation. Second by Councilmember A. Katz. The motion was
unanimously approved. Therefore, Russell Latimer was appointed
to the Planning Commission for a term ending June 30, 1987.
14-C: MOSQUITO ABATEMENT DISTRICT: Presented was the matter of
appointment of a member to the Mosquito Abatement District.
Nominations were declared opened. Mayor Reed moved to appoint
Mallory Pearce for a four-year term and so notify the Mosquito
Abatement District. Second by Councilmember A. Katz. The motion
was unanimously approved. Therefore, Mallory Pearce was
reappointed to the Los Angeles West Mosquito Abatement District
for a four-year term ending October 18, 1990.
14-0: COUNCIL CHAMBER USE: Presented was the request of Mayor
Reed to discuss waiving of the fee for use of the Council
Chambers by the California Energy Commission on December 10,
1986. Mayor Reed moved to waive the fee for use of the Council
Chambers by the Energy Commission. Second by Councilmember
Epstein. The motion was unanimously approved.
14-E: DOG CURBING LAW: Continued to October 28, 1986 as a 5
item.
14-F: GAS COMPANY RATE INCREASE: Presented was the request of
Councilmember Zane to discuss the Southern California Gas Company
application to the Public utilities Commission for a rate
increase. Discussion was held. Councilmember A. Katz withdrew
from the discussion due to a possible conflict of interest.
Councilmember Zane introduced discussion and moved to ask
Council's concurrence in opposing this rate increase, designate
him to speak in behalf of the City and authorize the City
13
October 14, 1986
I
I
174
Attorney to do the necessary work to support his efforts. Second
by Councilmember H. Katz. Discussion was held. The motion was
approved by the following vote:
council vote: Affirmative: Councilmembers Conn, Jennings,
H. Katz, Zane, Mayor Reed
Negative: Councilmember Epstein
Absent: Councilmember A. Katz
14-G: BOTTLE BILL: continued to October 28, 1986 as a 5 item.
14-H: GANN PAY LIMITATION INITIATIVE: Presented was the request
of councilmembers Epstein and A. Katz to discuss opposition to
Proposition 61 (The Gann Pay Limitation Initiative) on the
forthcoming November ballot. Councilmember Epstein moved that
Council take a position in opposition to Proposition 61. Second
by Councilmember Conn. Discussion was held. The motion was
unanimously approved.
14-I: CITY COUNCIL STATIONERY USE: The request of Councilmember
Zane to discuss the appropriateness of the use of City Council
stationery facsimile in campaign literature was withdrawn at the
request of Councilmember Zane.
14-J: PICO KENTER STORM DRAIN: Continued to October 28, 1986,
as a 5 item.
14-K: RENT CONTROL ELECTION MAILINGS: The request of Mayor Pro
Tempore Jennings to discuss recoupment of Rent Control funds
illegally used for a mailing during election was withdrawn at the
request of Mayor Pro Tempore Jennings.
14-L: PREVAILING WAGE REQUIREMENT: Presented was the request of
CouncilmeInber Conn to discuss a request for a staff report
regarding the prevailing wage requirement, previously considered
August 12, 1986. Councilmember Conn introduced discussion
regarding a need to ensure that projects paid for with public
funds comply with prevailing wage requirements. Discussion was
held. There being no objection, it was ordered that the City
Manager address this item at the next regular Council meeting.
11-F: CLOSED SESSION: Presented was a request for Closed
Session to consider personnel matters and threatened litigation,
pending litigation, and litigation to be commenced by the City.
At 12: 40 a.m., Councilmember Epstein moved to retire to Closed
Session to consider the following cases: California Aviation v.
Ci ty of Santa Monica, Los Angeles Superior Court Case No. C
306538 and City of Santa Monica v. California Aviation, Los
Angeles Superior Court Case No. C 549178: Rita Wilson Diaz v.
City of Santa Monica, United States District Court Case No.
86-2020 HLH (Bx); Richlin v. City of Santa Monica, et al., Los
Angeles Superior Court Case No. C 72994; Orozco v. city of Santa
Monica, et al., Los Angeles Superior Court Case No. C 72057;
Nelson v. city of Santa Monica, et al., Santa Monica Superior
14
October 14, 1986
175
Court Case No. WEC 73143~ Booth/Kirk v. City of Santa Monica, et
aI, Santa Monica superior Court Case No. WEC 82913, consolidated
with Los Angeles Superior Court Case No. C 67428~ Sullins v. City
of Santa Monica, et al., Los Angeles Superior Court Case No.
67394 ~ Avon-Rent-A-Car v. City of Santa Monica, et aI, Los
Angeles Municipal Court Case No. H 21245~ Warner v. City of Santa
Monica, et al., Santa Monica Municipal Court Case No. 71740~ I
Rumsey v. city of Santa Monica et aI, Santa Monica Superior Court
Case No. WEC 95814~ Craig Alpaugh v. City of Santa Monica, et
al., united States District Court Case No. CV 86-1101 ER (Bx)~
City of Santa Monica et al . v. Henry Yarmark, et al., Santa
Monica Superior Court Case No. WEC 107026. The motion was duly
seconded and unanimously approved. At 1:03 a.m., Council
reconvened with all members present.
Councilmember Epstein moved to approve settlement in the
following cases: Richlin v. City, $4,OOO~ Orozco v. City,
$5,050~ Nelson v. City, $4,332.49~ Kirk v. City, $1l,OOO~ Sullins
v. city, $3,500~ Avon Rent-A-Car v. City, $6,250i and Wilson v.
City, $30,000. Second by Councilmember H. Katz. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
ADJOURNMENT: At 1:10 a.m., Councimember A. Katz moved to adjourn
the meeting, adjournment to be in memory of Genevieve I. Hayden,
mother of Assemblyman Tom Hayden, and Max Grouf, grandfather of
Tracey Epstein, wife of Councilmember Epstein. The motion was
duly seconded and unanimously approved.
~
APPROVED:
rl/~~<!:~~
~ Christine E. Reed
//
Mayor
Ann M. Shore
City Clerk
15
October 14, 1986