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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MAILING: The request of David Finkel t Rent Control Board, to address Council regarding political mailings was withdrawn at the request of the Rent Control Board. 4-B: COMMUNITY CORPORATION/PUBLIC HOUSING CERTIFICATE: Mayor Reed presented a Certificate of Special Merit to the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