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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 22, 1988
A meeting of the santa Monica city council was called to order by
Mayor Conn at 7:40 p.m., on Tuesday, November 22, 1988, in the
Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herbert Katz
Counci1member David B. Finkel
Councilmember william H. Jennings
Councilmember Alan S. Katz
councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
CLOSED SESSION: Held later in the meeting (See Item 11-A at the
end of the meeting) .
Councilmember Alan Katz led the assemblage in the Pledge of
Allegiance to the Flag of the United states of America.
Mayor Conn a commended Dr. Saar Porath of the Women I s Breast
Center for taking a leadership role in maintaining health and
preventing premature deaths through dedication to education and
lifesaving examinations. Dr. Porath was not present to receive
the commendation.
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. Counci1member Zane
moved to approve the Consent Calendar with the exception of Items
6-A, 6-C, and 6-D, 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-B: AMENDMENT TO DEVELOPMENT AGREEMENT/SOPAC PROPERTIES
INC./COLORADO PLACE PHASE III: Ordinance No. 1460(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA MONICA AND SOPAC PROPERTIES I INC., II
introduced October 25, 1988, was adopted, thereby approving
Amendment No. 1 to Development Agreement with SOPAC Properties,
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Inc., for Colorado Place, Phase III, located at 2000 - 2200
Colorado Avenue.
6-E: ARTICULATED LOADER/SOLID WASTE MANAGEMENT DIVISION: Bid
No. 2186 was awarded to Coastline Equipment in the amount of
$ 6 3 , 472 . 94 from Capi tal Budget account, "Refuse Vehicle
Replacement," number 27-710-331-000-915, for the purchase of one
articulated loader for the Solid Waste Management Division of the
General services Department, and the low bid from So. Ca1 Ford
Tractor, Inc., was rejected due to non-responsiveness.
6-F: BRAKE BLOCKS/BRAKE SHOES/BEARINGS AND SEALS/TRANSPORTATION
DEPARTMENT: Bid No. 2190 was awarded to Graham Brake & Diesel at
specified unit prices, plus applicable sales tax, as the lowest
and best bidder, to furnish and deliver brake blocks, brake shoes
and miscellaneous bearings and seals for Transportation
Department.
6-G: MISCELLANEOUS JANITORIAL SUPPLIES/VARIOUS DEPARTMENTS: Bid
No. 2196 was awarded to Calar systems at specified unit prices,
plus applicable sales tax, as the lowest and best bidder, to
furnish and deliver miscellaneous janitorial supplies for various
departments.
6-H: 14 CUBIC FOOT GASOLINE POWERED SWEEPER/PIER MANAGEMENT
DIVISION: Bid No. 2185 was awarded to Clarklift of Los Angeles
in the amount of $16,821.68, from account number
30-500-625-000-806, to furnish and deliver one new 14 cubic foot
gasoline powered sweeper for the Pier Management Division of the
General Services Depaptment.
6-I: FINAL MAP 45952/TENANT-PARTICIPATING CONVERSION/833 OCEAN
AVENUE: Resolution No. 7720(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 45952," was adopted,
thereby approving Final Map 45952 for an 18-unit
tenant-participating conversion project at 833 Ocean Avenue.
6-J: FINAL MAP 45554/TENANT-PARTICIPATING CONVERSION/I037 18TH
STREET: Resolution No. 7721(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 45554," was adopted,
thereby approving Final Map 45554 for a 9-unit
tenant-participating conversion project at 1037 18th street.
6-K: FINAL MAP 18949/TENANT-PARTICIPATING CONVERSION/1227 24TH
STREET: Resolution No. 7722 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 18949," was adopted,
thereby approving Final Map 18949 for a 4-unit
tenant-participating conversion project at 1227 24th Street.
6-L: FINAL MAP 45670/TENANT-PARTICIPATING CONVERSION/1325 9TH
STREET: Resolution No. 7723(CCS) entitled: "A RESOLUTION OF THE
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CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 45670, If was adopted,
thereby approving Final Map 45670 for a 10-unit
tenant-participating conversion project at 1325 9th Street.
6-M: FINAL MAP 19310/CONDOMINIUM/2020 6TH STREET: Resolution
No. 7724(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 19310," was adopted, thereby approving Final
Tract Map 19310 for a 4-unit condominium at 2020 6th Street.
6-N: RENOVATION OF CITY OWNED PROPERTY/602, 604, 612 COLORADO
AVENUE: A recommendation to approve additional funds for the
renovation of City owned property at 602, 604, and 612 Colorado
Avenue was approved, thereby authorizing an appropriation in the
amount of $25,000 in account 01-720-262-143-956; approving the
award of these funds to Ocean Park Community Center for
rehabilitation; and approving the appropriation authority in the
amount of $65,000 in account 01-720-262-000-952.
6-0: ART WORK AND FOUNTAIN/THIRD STREET PROMENADE: A
recommendation to authorize the City Manager to negotiate and
execute Contract No. 5240 (CCS) with Claude and Francois-Xavier
LaLanne to create art work and fountains for the Third street
Promenade, and authorizing an increase of $150,000 of
appropriation authority at account 01-720-263-000-921 was
approved.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Presented for approval were the City
Council minutes of November 1, 1988. Councilmember Reed
initiated discussion and moved to approve the minutes, with page
6, Item 14-B, the third paragraph on the page corrected to read:
llCouncilmembers Finkel and Reed requested the record to reflect
that their negative votes are not because they object to Richard
Solberg, but rather that they feel that council should be trying
to establish the principle of finding people who would be less
subject to conflict of interest problems as Mr. Solberg will be
due to his work in the city. n Second by Mayor Pro Tempore H.
Katz. The motion to approve the minutes, as amended, was
unanimously approved.
6-C: COMPREHENSIVE ANNUAL FINANCIAL REPORTIFY 87-88: Presented
was a recommendation to receive and file the City'S Comprehensive
Annual Financial Report for Fiscal Year 1987-88. Mayor Pro
Tempore H. Katz moved to hear from a member of the public wishing
to speak on the matter. The motion was duly seconded and
approved. Member of the public Joy Fullmer spoke in support of
charging developers for the issuance of a business license.
Mayor Pro Tempore H. Katz moved to approve the staff
recommendation to receive and file the City'S Comprehensive
Annual Financial Report for Fiscal Year 1987-88. Second by
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Councilmember Reed.
vote:
The motion was approved by the following
Council vote: Unanimously approved 7-0
6-D: VACATION/24TH STREET BETWEEN SANTA MONICA BOULEVARD AND
SANTA MONICA PLACE SOUTH: Presented for adoption was a
resolution repealing Resolution No. 758~ (CCS) and ordering the
vacation of a portion of 24th Street between Santa Monica
Boulevard and Santa Monica Place South. Member of the public Roy
Morando spoke in opposition to eliminating the portion of 24th
Street between Santa Monica Boulevard and Santa Monica Place
South. He also opposed the institution of permit parking in the
area. Councilmember Reed moved to adopt Resolution No. 7719(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REPEALING RESOLUTION NUMBER 7581 (CCS) AND ORDERING THE
VACATION OF A PORTION OF TWENTY-FOURTH STREET BETWEEN SANTA
MONICA BOULEVARD AND SANTA MONICA PLACE SOUTH IN THE CITY OF
SANTA MONICA, CALIFORNIA," reading by title only and waiving
further reading thereof. Second by Councilmember A. Katz. The
motion was approved by the following vote:
Council vote: unanimously approved 7-0
9-A: MEMORANDUM OF UNDERSTANDING/CALIFORNIA LEAGUE OF CITY
EMPLOYEES (CLOCEA): A recommendation to adopt a resolution
approving a Memorandum of Understanding with the California
League of City Employees Association (CLOCEA) was continued to
November 29, 1988, to be considered after Closed Session.
10-A: LIBRARY BOARD: Presented was the request of the Library
Board for the approval of a letter to the united States Post
Office regarding poor service. Discussion was held.
Councilmember Reed moved to approve and allow the Library Board
to communicate with the Post Office in whatever way the Board
feels is appropriate and necessary, on this particular item, to
insure better service from the Post Office in the future. Second
by Mayor Pro Tempore H. Katz. Discussion was held. During
discussion, the Library Board was directed to hold a personal
meeting with the administrators of the Post Office prior to
sending any letters. The motion was unanimously approved.
11-A: CLOSED SESSION: Held later in the meeting.
l3-A: BUSINESS LICENSE RENEWAL: Presented was the request of
David Rose to address Council regarding a waiver of the penalty
for business a license renewal due to extenuating circumstances.
Discussion was held. Councilmember Reed moved to receive and
file Mr. Rosels correspondence and deny the request. Second by
Mayor Pro Tempore H. Katz. Councilmember Zane moved a substitute
motion to forgive the penalty for late filing, in this instance.
The motion died due to lack of a second. Councilmember Jennings
moved to refer the matter to staff for a report to Council
regarding the administrative time and effort that would be
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required to grant hardship exemptions from the penalties,
provided that businesses pay the tax promptly after being
notified that their payment is late, and to freeze the penalty at
this time until staff reports back to Council with respect to
this particular matter. The motion died for lack of a second.
The motion to receive and file was approved, councilmembers
Jennings and Zane opposed.
13-B: EMPLOYEE PARKING/AMERICAN APPLIANCE/1752 CLOVERFIELD
BLVD.: Presented was the request of Henry Cano to address
Council regarding parking problems experienced by employees of
American Appliance, 1752 Cloverfield Boulevard. Discussion was
held. Councilmember A. Katz moved to refer the matter to staff
with the instruction to meet with American Appliance and urge
them to resolve this problem through a variety of means. Second
by Councilmember Reed. The motion was unanimously approved.
14-A: SEWAGE DUMPING INTO SANTA MONICA BAY: Presented was the
request of Councilmember Jennings to discuss options available to
Santa Monica regarding the dumping of raw sewage into Santa
Monica Bay. Councilmember Jennings initiated discussion,
expressed his concerns regarding the effect of an earthquake on
Los Angeles County's sewage disposal system, and moved to direct
staff to work with the contract cities and other coastal
communities to determine what options are available to deal with
the problem of sewage spills into the ocean, and to report back
to council. Second by Councilmember A. Katz. Discussion was
held. The motion was unanimously approved.
14-B: SEWAGE TREATMENT: Presented was the request of
Councilmember Reed to discuss County sanitation District's 301-H
waiver request from the federal requirement for full secondary
treatment of sewage. Councilmember Reed initiated discussion and
moved to request that the Council go on record as opposing the
County's request for a 301-H waiver, and direct staff to prepare
a letter for the Mayor'S signature to the Regional water Quality
Control Board and the Environmental Protection Agency Region 10,
in San Francisco, on this subject. Second by Councilmember
Jennings. The motion was unanimously approved.
14-C: CONSTRUCTION HOUR VARIANCE/WATER GARDEN PROJECT:
Presented was the request of Mayor Pro Tempore H. Katz to discuss
allowing a construction hour variance for the Water Garden
Project. Mayor Pro Tempore H. Katz initiated discussion
regarding allowing a variance for night-time grading to take
place at this project only. During discussion, the City Manager
indicated that the developer has filed a request for a permit to
allow night-time grading and that the request is in the process
of being reviewed by staff. councilmember Reed suggested that
staff consider the beneficial air quality impacts of keeping the
construction trucks off the freeway during peak hours, and the
lessening of dust caused by construction due to lower night-time
winds. Councilmember Reed also suggested that the construction
trucks use the Bundy freeway ramps which cause less impacts to
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Santa Monica residents than the Cloverfield freeway ramps.
Councilmember Zane suggested that staff ascertain the severity of
noise burdens caused to the area residents before any permit is
issued. Therefore, the item was referred back to staff for study
and no council action was taken.
15: PUBLIC INPUT: Joy Fullmer addressed Council regarding media
ownership by foreigners, drug laundering , lawsuits against the
City, and discrimination against singles.
II-A: 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. At 8:40 p.~., council adjourned to Closed
Session to consider the following cases: Pistone v. City of
Santa Monica, Santa Monica Superior Court Case No. WEC 099 655.
At 9: 15 p.m., Council reconvened with all members present. It
was moved and seconded to approve a payment of an arbitration
award in the the case of Pistone vs. City of Santa Monica in the
amount of $27,500. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
ADJOURNMENT : At 9: 15 p. m., Council adj ourned the meeting in
memory of Virginia Casilas.
ATTEST:
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Clarice E. J~hnSen
City Clerk
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November 22, 1988