M-4/22/1986
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 22, 1986
A meeting of the Santa Monica CIty CouncIl was called to order at
6: 14 p.m. by Mayor Reed on Tuesday, April 22, 1986, In the
Council Chambers.
STUDY SESSION: A study seSSIon was called to order by Mayor Reed
at 6: 14 p.m.
Roll Call: Present: Mayor ChrIstine E. Reed
Mayor Pro Tempore WIlliam H. JennIngs
CouncIlmember James P. Conn
Councllmember David G. EpsteIn
CouncIlmember Alan S. Katz
Councilmember Herb Katz
Councilmember DennIs Zane
Also Present: City Manager John JalIll
CIty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
S3-1: LIBRARY CEILING: Presented was a staff report on the MaIn
LIbrary ceIling replacement and renovatIon proJect. DISCUSSIon
was held. (See also Item 11-B).
SS-2: SELF-INSURANCE PROGRAM: Presented was a staff report
regardIng a proposed JOInt CItIes self-Insurance program. (See
also Item 6-N).
ADJURNMENT OF STUDY SESSION: At 7: 25 p. m., a motIon was made,
duly seconded, and approved to adjourn the Study Session.
REGULAR CITY COUNCIL MEETING:
A meetIng of the Santa Monica CIty CouncIl was called to order by
Mayor Reed at 7:35 p.m. on Tuesday, AprIl 22, 1986, In the
CouncIl Chambers. Councllmember Conn led the assemblage In the
pledge of allegIance to the UnI ted St ates of Amer lca. Reverend
J. Curtis Foster, Jr., First African MethodIst EpIscopal Church,
offered the invocatIon.
Roll Call: Present: Mayor Christine E. Reed
Mayor Pro Tempore WillIam H. JennIngs
CouncIlmember James P. Conn
Councllmember DavId G. Epstein
Councllmember Alan S. Katz
CouncIlmember Herb Katz
April 22, 1986
471
Councllmember Dennis Zane
(entered after Roll Call)
Also Present: CIty Manager John Jallli
CIty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
4-A: EMPLOYEE SERVICE PINS: Mayor Reed presented employee
service pIns to WIllie RIchardson (Bus LInes) and Karen Seligman
(Po lIce Department) for 20 ye ar s of serVI ce; Lupe Gomez (Beach
Maintenance) J Norber MackiewIcz (General SerVIces), Glendon
Rogers (Beach DiVIsion), and Joseph Syposs for 30 years of
serVIce; and Edward Maturino for 40 years of service.
4 -B: BOARD/COMMISSION VACANCIES: The CI ty Cl erk announced that
applicatIons are InVIted to fIll vacancies on the CIty'S varIOUS
boards and commissions.
Councilmember Epstein
agenda. Second by
unanImously approved.
moved to add Items 11-E and 14-L to the
Councilmember Conn. The motion was
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. Councllmember Conn
moved to approve the Consent Calendar with the exceptIon of Items
6-A, 6 -G, 6-H, 6-M, 6-0 J and 6 -P J readIng by tItle only and
waiVIng further reading thereof. Second by Councllrnember H.
Katz. The motIon was approved by the follOWIng vote:
CounCIl vote: Unanimously approved 7-0
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon No. 7194(CC3)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL
EMERGENCY, " arising from past storms, hIgh tides and heavy surf,
was adopted.
6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7195(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 (3R-86-80)," was adopted.
6-D: REFUSE LANDF ILL SERV ICES: Resolution No. 7196 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA WAIVING FORMAL BID PROCEDURE AND AUTHORIZING DIRECT
NEGOTIATION (WIth Browning and Ferrls IndustrIes) FOR PURCHASE OF
REFUSE LANDFILL SERVICES" (contlnulng to use the North County
landflll site), was adopted.
6-E: WEED ABATEMENT:
RESOLUTION OF THE CITY
Resolutlon No. 7197(CCS)
COUNCIL OF THE CITY OF
entitled: "A
SANTA MONICA
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AprIl 22, 1986
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WAIVING FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION
FOR THE ABATEMENT OF WEEDS," was adopted.
6-F: FIRE STATION REMODELLING: Contract No.
awarded to Etco ConstructIon Company In the amount
remodellIng of FIre Station Headquarters, and
change orders were approved.
4664(CCS) was
of $73,490 for
the necessary
6-1: SENIOR CITIZEN HOME-DELIVERED MEALS: A recommendatIon was
approved to reject a bid by Sorensen's Catering and to award
Contract No. 4666(CCS) (BId No. 2049) to FeedIng Systems, Inc.,
at $2.37 per meal to furnish and delIver home-delIvered meals for
the Recreation and Parks Department SenIor NutritIon Program.
6-J: SENIOR CITl ZEN HOT MEALS: Contract No. 4667 (CCS) (Bi d No.
2050) was awarded to Greyhound Food Management, Inc., to furnIsh
and delIver hot congregate meals for SenIor CItIzens at $2.15 per
meal for RecreatIon and Parks Department.
6-K : WATER CHECK VALVES: BI d No. 2055 was awarded to Jerry
Hubbard Company In the amount of $22,320.27 to furnish and
delIver detector check valves for Water DIvision.
6-L: WATER DIVISION EQUIPMENT: BId No. 2056 was awarded to The
SupplIers, Inc., In the amount of $13,042.85 to furnish asphal t
and concrete cutting blades for the Water DIVIsion.
6-N: INSURANCE PROGRAM: ResolutIon No. 7198(CCS) entItled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS MEMBERSHIP IN THE AUTHORITY FOR CALIFORNIA CITIES
EXCESS LIABILITY AND AUTHORIZING ITS REPRESENTATIVE TO EXECUTE A
JOINT POWERS AGREEMENT," was adopted; a Joint Powers Agreement,
Con tract No. 4668 (CCS) , was awarded to the Author 1 ty for
CalIfornia CItIes Excess LIabilIty Insurance; and an
appropr lation increase of $91,203 was authorized (see also Item
SS-2) .
6-Q : STREET RESURFACING PROGRAM: Contract No.
awarded to the Sully MIller ContractIng Company In
$1,065,800 for the 1985-86 street resurfaCIng
necessary change orders were approved.
4669(CCS) was
the amount of
program, and
6-R: AIRPORT OPERATOR/FUELING LEASEHOLDS: Contract No.
4670(CCS) was awarded to Gunnell AVIatIon, Inc.; Contract No.
4671 (CCS) was awarded to Supermar Ine Al rcraft, L td. (Gary
Danforth and DaVId G. PrIce) for fIxed base operator leaseholds
at the Santa Monica AIrport; and Resolution No. 7205(CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DECLARING ITS INTENT TO LIMIT THE NUMBER OF FULL SERVICE
FUELING PROVIDERS AT SANTA MONICA AIRPORT," was adopted.
6-S: MAIN
COMMITTEE:
STREET
Contract
PARKING AND BUSINESS
No. 4672 (CCS) was
IMPROVEMENT AREA
awarded, be Ing an
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April 22, 1986
473
amendment to Contract No. 4099, with the Chamber of Commerce to
Increase the number of votIng members of the MaIn Street ParkIng
and BUSIness Improvement Area CommIttee from fIve to seven
members, and the CIty Manager authorIzed to negotiate and execute
the same.
6-A: APPROVAL OF MINUTES: Presented for approval were
mInutes of the City CouncIl meetIngs held April 8 and AprIl
1986. CouncIlmember Epste in moved to continue thi s i tern to
6, 1986. Second by Counc i lmember Zane. The motIon
unanimously approved.
the
15,
May
was
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END OF CONSENT CALENDAR
6-G: SKATEBOARDING: Presented was a staff report recommendIng
dIrectIon to Ci ty Attorney to prepare an ordInance prohIbitIng
skateboardIng on lIbrary property. DI SCUSSlon was held.
Councllmember EpsteIn moved to direct the CIty Attorney to return
wIth an ordInance about skateboardIng on lIbrary propertIes, and
after consultatIon with staff, In any other areas where it
represents a problem. Second by Mayor Pro Tempore JennIngs.
DIScussion was held. The motIon was approved by the folloWIng
vote:
CounCIl vote: AffIrmatIve: Councilmembers EpsteIn, JennIngs,
A. Katz, Mayor Reed
NegatIve: CouncIlmember Conn, H. Katz, Zane
Councllmember Conn requested the record to reflect that hIS vote
is for his eIght-year old son.
6-H: TRANSIT BUS ADVERTISING: Presented was a staff report
recommend lng award of bId and author iz Ing the CI ty Manager to
execute a contract for tranSI t bus advertiSIng concession based
on a flat rate proposal. Councilmember JennIngs Introduced
dIScussion and moved the staff recommendation, thereby awardIng
BId No. 2048 to Winston Network, Inc. and authorIZIng the CIty
Manager to execute Contract No. 4665(CCS) wIth the above company
for transit bus advertISIng conceSSIon based on a flat rate
proposal. Second by Councllmember H. Katz. The motIon was
approved by the following vote:
CounCIl vote: UnanImously approved 7-0
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6-M: CEMETERY FUND INVESTMENT: Pr esen ted was a sta ff report
transmittIng a resolutIon establIshIng Investment gUIdelInes for
the Cemetery Perpetual Care Fund, recommending dIrectIon to the
Cl ty Attorney to prepare an ordInance establIshIng a Mausoleum
Perpetual Care Fund and authorIzing the CIty Manager to transfer
funds. CouncIlmember EpsteIn Introduced dIScussion. DI SCUSSIon
was held. Councilmember Epstein moved adoptIon of the staff
recommendatIon wIth the change that Section 1 (1 ) of the
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April 22, 1986
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resolut ion read that "A max Imum of 50 % of the portfolIo (cost
basIs) be Invested In equities (stocks) consistent wIth the
CIty'S South AfrIcan dIvestment POlICY, and, with the concurrence
of the Ci ty Treasurer." Second by Mayor Reed. DIScUSSIon was
held. Councilmember lane moved a SUbstl tute motIon to continue
thi s item and get more InformatIon. Second by Councllmember H.
Ka tz. The subst 1 tute motIon was approved by a vote of 6-1,
CouncIlmember Conn opposed.
6-0: LOCAL COASTAL PLAN: Presented was a staff report
recommend ing a publ ic hear ing on Hay 13, 1986 to consider the
Land Use Plan of the Local Coastal Plan. Mayor Reed Introduced
dIScussion and moved to set the publIC hearIng on May 6, 1986.
Second by Councllmember Epsteln. DIScussion was held. The
motIon was approved by the fOllowIng vote:
CouncIl vote: AffIrmatIve: Councilmembers Epstein, JennIngs,
H. Katz, Mayor Reed
Negative; Councilmembers Conn, A. Katz, Zane
6-P: DEVELOPMENT PROJECT MITIGATION PROGRAM AGREEMENTS:
Presented was a staff report recommending authorIzatIon of the
CIty Manager and City Attorney to approve the MitIgatIon Program
Agreement between the Ersa Grae CorporatIon and Community
CorporatIon of Santa MonIca and approve SImIlar agreements for
subsequent proJects. Councilmember EpsteIn moved to table thl.s
Item untIl after dIScussIon of Item 8-C WhICh IS a related
ordInance. Second by CouncIlmember lane. The motIon was
approved by the following vote:
Council vote: Unanimously approved 7-0
Mayor Reed moved to contInue Item 8-D to May 6, 1986. Second by
Councllmember EpsteIn. DiscussIon was held. Councllmember lane
moved a SUbstl tu te motIon to schedule thi s item to Wednesd ay,
Apr 11 30, 1986. Second by Councllmember Conn. Discussion was
held. The substitute motIon was approved by the following vote:
Council vote: AffIrmatIve: Councllmembers Conn, A. Katz,
H. Katz, Zane, Mayor Reed
NegatIve: Councllmembers EpsteIn, JennIngs
Councilmember Epstein requested the record to reflect that h~s
negatIve vote IS because he thInks this should be on the radIo as
I t is of suffICIent publIC Importance (KCRW does not broadcast
Counc~l meetings on Wednesday evenIngs).
Councllmember JennIngs requested the record to reflect that he
thInks we should do It tonight.
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AprIl 22, 1986
475
Mayor Reed moved that Item 10-A to be carried over to the April
30th meeting. Second by Counc Ilmember A. Ka tz. The motion was
unanImously approved.
7-A: VACATION OF 28TH STREET: Presented was a staff report and
a public hearing regarding vacation of an undeveloped portion of
28th Street adjacent to the Airport and within the extended
boundarIes of Clover Park. Discussion was held. At 8:09 p.m.,
the public hearIng was declared open. There beIng no one wishing
to speak to the matter, Councilmember H. Katz moved to close the
public hearing. Second by Councilmember EpsteIn. The motIon was
unanImously approved. Discussion was held. Councilmember H.
Katz moved to approve the staff recommendatIon, thereby adopting
ResolutIon No. 7199(CCS) entItled: "A RESOLUTION OF THE CITY
OCUNCIL OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF A
PORTION OF THAT CERTAIN STREET KNOWN AS 28TH STREET IN THE CITY
OF SANTA MONICA, CALIFORNIAII, 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 7-0
7 -B: GUTTER/STREET RESURFACING: Presented wa s a staff report
and a public hearing on a gutter and street resurfacing
a ssessmen t dIstr IC t for var IOUS Ci ty streets. Di scuss 1 on was
held. The publIC hearIng was declared open. There being no one
wIshing to be heard, Councilmember EpsteIn moved to close the
publIC hear Ing. The motIon was duly seconded and un an imously
approved. Councilmember Epstein moved to note the lack of
protest on this assessment dIstrict and adopt Resolution No.
7200 (CCS) entl tIed: II A RESOL UTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA FINDING THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE STREET RESURFACING AND CONSTRUCTION OF GUTTERS IN
ACCORDANCE WITH RESOLUTION OF INTENTION 7183 (CITY COUNCIL
SERIES)"f readIng by tItle only and waIvIng further readIng
thereof. Second by Councllmember H. Katz. The motIon was
approved by the followIng vote:
Council vote: UnanImously approved 7-0
7-C: DAMAGED SIDEWALKS, DRIVEWAYS, CURBS: Presented was a staff
report and a publIC hear lng on assessmen t of costs to repal r
damaged sIdewalks, driveways and curbs (SR-86-77). DIScussion
was held. At 8: 15 p.m., the pUblIC hear Ing was dec lar ed open.
There being no one wIshing to be heard, Councilmember EpsteIn
moved to close the publIC hear Ing. Second by Councllmember H.
Katz. The motion was unanImously approved. Councllmember
EpsteIn moved to note a wr I tten protest recel ved from M. S.
Sharpe and to adopt Resolution No. 7201(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-86-77) If,
readIng by tItle only and walvIng further readIng thereof.
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Apr il 22, 1986
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Second by Councllmember H. Katz. The motion was approved by the
followIng vote:
CouncIl vote: UnanImously approved 7-0
7-D: DAMAGED SIDEWALKS, DRIVEWAYS, CURBS: Presented was a staff
report and a publIC hearIng on assessment of costs to repair
damaged si dewalks, dr i veways, and curbs (SR-86-78). Dl scuss ion
was held. At 8: 18 p.m., the publIC hearIng was declared open.
There being no one wIshing to be heard, Councilmember Zane moved
to close the public hearIng. Second by Councilmember Epstein.
The mot Ion wa s approved by unanimous vote. Counc ilmember Zane
moved to note a letter of protest from Don KIdder and to adopt
ResolutIon No. 7202(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-86-78)tI, readIng by tItle only and
wal ving fur ther read lng thereof. Second by Councllmember
Eps te In. Dl SCUS s ion wa s held. The motion wa s approved by the
following vote:
Council vote: Unanimously approved 7-0
8-A: VENDING AT PIER: Presented was a staff report transmItting
an ordInance for introduction and first readIng to permit open
aIr vending at the Santa MonIca PIer. DISCUSSIon was held. At
8:18 p.m., the publIC hearing was declared open. There beIng no
one WIshing to be heard, Councilmember H. Katz moved to close the
publiC hearing. Second by Councllmember Epstein. The motion was
approved by unanImous vote. Councilmember H. Katz moved to
Introduce for fIrst readIng an ordinance entitled: lIAN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION
9118C TO THE SANTA MONICA MUNICIPAL CODE RELATING TO (permIttIng)
OPEN-AIR VENDING ON SANTA MONICA MUNICIPAL PIER", readIng by
tItle only and waIVIng further readIng thereof, the second
readIng to be held on Wednesday, AprIl 30th. Second by
Councllmember Zane. The motion was approved by the following
vote:
CounCIl vote: Unanimously approved 7-0
8-B: CONSTRUCTION HOURS: Presented was a staff report
transmitting an ordinance for introductIon and fIrst reading
amendIng MunICIpal Code SectIons 4204d1 and 4204d2 to alter the
permi tted hours of construction on Saturdays and Federal
holidays. DISCUSSIon was held. Councllmember EpsteIn moved to
adopt the rule for the evenlng that each publiC speaker recelves
three rlllnutes. The motIon was duly seconded and unanimously
approved. At 8: 20 p.m., the publlC hear ing was declared open.
Herman RosensteIn spoke In support of the ordInance. There belng
no one else wlshlng to be heard, the publIC hearIng was declared
closed. Di scuss ion was held. Counc llmember Epstein moved to
Introduce for fIrst reading an ordInance entItled: "AN ORDINANCE
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AprIl 22, 1986
477
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTIONS 4204D1 AND 4204D2 ALTERING THE
PERMITTED HOURS OF CONSTRUCTION AND DEMOLITION ACTIVITY", readIng
by tItle only and waiving further readIng thereof, and IncludIng
the CIty Attorney's suggestIon to add the folloWIng clause at the
end of SectIon (a)(4) relatIng to Federal holIdays: "Those days
have been established by the Uni ted States of AmerIca". Second
by Councllmember A. Katz. The motIon was approved by the
follOWIng vote:
Council vote: UnanImously approved 7-0
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8 -C: DEVELOPMENT PROJECT MIT IGA TION PROGRAM: Presented was a
staff report transmIttIng an ordInance for introductIon and first
readIng ImplementIng OffIce Development ProJect Mi tigation
Me asures (In-lIeu fees, hous ing, parks) of the Land Use and
Cl rculation Elements. DI SCUSSlon was held. At 8: 25 p. m., the
publIC hearing was declared open. Walter Schwartz spoke In
oppositIon to the ordInance. There beIng no one else wishIng to
be heard, Councllmember H. Katz moved to close the publIC
hearIng. Second by Councllmember EpsteIn. The mot~on was
approved by unanImous vote. Discussion was held. Councllmember
H. Katz moved to Introduce for fIrst reading the ordInance
ent1tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA IMPLEMENTING THE PROJECT MITIGATION MEASURES OF THE LAND
USE AND CIRCULATION ELEMENTS", readIng by t1tle only and waIVIng
further reading thereof", with the follOWIng changes: on page 6,
Section 4(a)(1) and (2) relatIng to reserve accounts for In-lIeu
fees, the percentages be changed from 60% and 40% to 50% 1n the
HOUSIng Mi tigatIon Fund and 50% 1n the Parks MI tIgatIon Fund.
Second by Councllmember Epsteln. DIScussion was held. With the
consent of the maker and the second, Councllmember A. Katz moved
an amendment to Section 4(a)3 that 10% be discret10nary (may be
used for the purposes of the other two accounts, wi th 45%-45%
depOSIted to the HOUSIng and Parks Funds). DISCUSSIon was held.
Councllmember Zane moved a substItute motIon that the ordInance
reflect the formula the CounCIl adopted before, which was 10% off
the top dIscretIonary, and 60% for hOUSIng, 40% for parks for the
remaInder of the fee. Second by Councilmember Conn. The
substitute motion faIled by the follOWIng vote:
Council vote: AffIrmative: Councllmembers Conn, A. Katz, Zane
Negative: Councilmembers Epstein, JennIngs,
H. Katz, Mayor Reed
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Councllmember EpsteIn requested the record to reflect that he is
votIng no because he is mIndful of the crl tlcal need of our
children for parks and open space.
Discussion was held. DurIng dIScussion, and there beIng no
o bJ ectIon, the C1 ty At torney's corr ectIon to the language, as
follows, was Incorporated Into the main motion: SectIon 4(a)(1)
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April 22, 1986
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should read "45% shall be deposl ted Into a Hous ing MI tIgatIon
Fund.. ."; SectIon 4{a) (2) should read "45% shall be deposited
Into a Parks MI tlgation Fund..."; SectIon 4 (a) (3) should read
"101 shall be deposited Into an account WhICh may be transferred
to either the Housing Mi tIgation Fund or the Park MI tIgatIon
Fund"; and on Section 4 (b), WhICh deals with gIvIng credIt for
the ons 1 te Improvements, the 60-40% spl it should be changed to
50-50%. The motIon to Introduce for fIrst reading an ordInance
entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA IMPLEMENTING THE PROJECT MITIGATION MEASURES OF THE LAND
USE AND CIRCULATION ELEMENTS", as amended, was approved by the
following vote:
CouncIl vote: AffIrmatIve: Councilmember EpsteIn, JennIngs,
A. Katz, H. Katz, Zane, Mayor Reed
NegatIve: Councilmember Conn
Councllmember Conn requested the record to reflect that he IS
votIng no because he thInks all of this money ought to go to
housIng.
6-P: DEVELOPMENT PROJECT MITIGATION PROGRAM AGREEMENTS:
Presented was a staff report recommending authorIzatIon of the
City Manager and the Cl ty Attorney to approve the MI tigation
Program Agreement between the Ersa Grae Corporation and the
CommunI ty CorporatIon of Santa MonIca and approval of simIlar
agreements for subsequent proJ ects. DISCUSSIon was held.
Councllmember EpsteIn moved to hold thIS Item over to the meetIng
of April 30, 1986, when staff returns wIth revisIons (contaIned
1 n Item 8 -C) . Second by Councllmember H. Katz. Di scuss ion was
held. The motIon was unanimously approved.
8-D: TENANT PROTECTION: Continued to Wednesday, April 30, 1986.
8-E: BUILDING DEMOLITION: Presen ted was a staff report
transmIttIng an ordInance for IntroductIon and first readIng
amend Ing Mun lC ipal Code SectIon 9123 to permi t demolitIon of
certaIn bUIldings under specIfIc conditions. DIScussIon was
held. At 9: 12 p.m., the publIC hearIng was declared open. Joy
Fullmer requested more restrIctIve regulations. Walter Schwartz
spoke In OppOSl tion to the ord Inance. There being no one else
WI shl ng to be heard, Councllmember A. Katz moved to close the
publIC hear ing. The motIon wa s duly seconded and unanImously
approved. DIScussIon was held. Councilmember A. Katz moved to
Introduce for fIrst reading the ordinance entl tled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 9123 TO PERMIT DEt40LITION OF
BUILDINGS UNDER CERTAIN CIRCUMSTANCES", reading by title only and
wa 1 vIng further read lng thereo f. Second by Coune llmember
Epstein.
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April 22, 1986
479
Discussion was held. Councllmember EpsteIn moved to adopt the
Negatl ve DeclaratIon as prepared in accordance wIth the
provIsIons of the CalifornIa EnvIronmental QualIty Act. Second
by Councilmember Conn. The motion was approved by the following
vote:
NegatIve: Mayor Pro Tempore Jennings
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CouncIl vote: AffIrmatIve: Councilmembers Conn, EpsteIn,
A. Katz, H. Katz, Zane, Mayor Reed
The motIon to introduce the ordInance for fIrst reading was
approved by the followIng vote:
CouncIl vote: UnanImously approved 7-0
8-F: PREFERENTIAL PARKING ZONE D: Presented was a staff report
transmItting an ordInance for IntroductIon and fIrst reading
amending MunICIpal Code SectIon 3238d relatIng to PreferentIal
Parking Zone D on Stanford Street between WIlshire Boulevard and
LIpton Avenue. DIScussion was held. At 9:05 p.m., the public
hear Ing was declared open. WIll iam Bertie spoke In support of
the preferentIal parkIng zone. Joy Fullmer and Wal ter Schwartz
s poke In oPPosItion to pre feren tl a 1 parking zones. Th er e beIng
no one else WIshIng to be heard, a motion was made, seconded and
unanimously approved to close the publIC hearing. Councllmember
Epstein moved to Introduce for first readIng an ordInance
entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTION 3238D OF THE SANTA MONICA MUNICIPAL CODE
TO CHANGE THE PARKING RESTRICTIONS IN PREFERENTIAL PARKING ZONE
D", reading by tI tIe only and wal vlng further readIng thereof.
Second by Councllmember Conn. Councilmember H. Katz requested
the record to show that he WIll be votIng for thIS ordInance
because he conSiders the CI ty erred by lettIng Apples Bar (and
1 ts parking needs) come In In the fIrst place, otherWIse he IS
agaInst preferentIal parkIng. The motIon was approved by the
followIng vote:
CouncIl vote: Unanimously approved 7-0
8-G: PREFERENTIAL PARKING ZONE J: Presented was a staff report
transmItting an ordInance for adoptIon and second readIng
regarding PreferentIal Parking Zone J on 24th Street between
Santa Monica Boulevard and Broadway, haVIng been introduced AprIl I
8, 1986. Counc Ilmember Conn moved to acknowl edge a 1 et ter of
protest from Ray Ml randa and to adopt Ord lnance No. 1365 (CCS)
entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 3238J TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH PREFERENTIAL PARKING ZONE J", readlng by title only and
waIVIng further readIng thereof.DlscuSSlon was held. The motIon
was approved by the followIng vote:
10
AprIl 22, 1986
I
I
480
Council vote: Affirmative: Councllmembers Conn, Epstein,
Jennings, A. Katz, Zane, Mayor Reed
Negative: Councllmember H. Katz
10-A: TENANT PROTECTION: ContInued to AprIl 30, 1986.
SPECIAL JOINT MEETING OF CITY COUNCIL AND PARKING AUTHORITY
A speCIal JOInt meetIng of the CIty CounCIl and ParkIng AuthorIty
was called to order by Mayor Reed at 9:15 p.m.
Roll Call: Present: ChaIrperson ChristIne E. Reed
ChaIrperson Pro Tempore WIllIam Jennings
AuthorIty Member James P. Conn
AuthorIty Member DaVId G. EpsteIn
AuthorIty Member Alan S. Katz
Authority Member Herb Katz
Authority Member DennIS Zane
Also Present: Executive Director John Jalill
Executive Attorney Robert M. Myers
CIty Clerk Ann M. Shore
l1-A: PARKING LEASE/GENERAL TELEPHONE COMPANY : Presented was a
staff report recommendIng approval of an agreement and adoptIon
of resolutions to amend Contract No. 1828(CCS), the existIng
parkIng lease, WIth General Telephone Company of CalIfornIa.
DISCUSSIon was held. Member of the publIC Walter Schwartz spoke
to request that the rates be Increased by negotIatIon.
Councllmember Epste In moved to approve Contract No. 4673 (CCS)
between the City of Santa MonIca and General Telephone Company of
Cal ifornia, thereby amendIng Contract No. 1828 (CCS) to clarify
the eXIstIng parkIng varIance for the GTe bUIldIng at 100
WIlshIre Boulevard. Second by Councilmember Zane. DIScussion
was held. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
Councllmember Zane moved to adopt Resolution No. 7203(CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING AMENDMENT TO PARKING LEASE AGREEMENT 1828",
reading by title only and waiVIng further readIng thereof.
Second by Councllmember EpsteIn. The motIon was approved by the
fOllOWIng vote:
Councll vote: UnanImously approved 7-0
Author i ty Member Zane moved to adopt Re solu t Ion No. 192 (PAS)
entItled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF
SANTA MONICA APPROVING AMENDMENT TO PARKING LEASE AGREEMENT
1828", reading by tItle only and waiVIng further readIng thereof.
1 1
April 22, 1986
481
Second by Member Epstein.
follow~ng vote:
The motion was approved by the
Author~ty vote: Aff~rmat~ve: Authority Members Epstein,
Jennings, A. Katz, H. Katz, Zane,
ChaIrperson Reed
Negative: Author~ty Member Conn
Authority Member Conn requested the record to reflect the
following: "The reason why I am voting no on thIS is for
hIstorical reasons because I do not thInk that the Parklng
Authority ever should have entered into thIS agreement in the
f~rst place".
ADJOURNMENT: At 9:30 p.m., Member Epste~n moved to adJourn the
Parking Au thori ty meetIng. The mot~on was duly seconded and
unan~mously approved.
REGULAR CITY COUNCIL MEETING RECONVENED
11-8: MAIN LIBRARY: Presented was a staff report makIng
recommendatIons regard ~ng the Ma in L~ brary ceIlIng replacement
and renovation, due to asbestos-based ceilIng materIal.
DIScussIon was held. Member of the publ~c Ed Lehman, bUSIness
representative for the LIbrary Gu~ld Local 1634, and Joy Fullmer
spoke in support of the lIbrary ceIling replacement. D~scussion
was held. CouncIlmember A. Katz moved to approve the staff
recommendation as described In the staff report dated April 22,
1986, w~ th the following changes: that removal of the ceIling
begIn as soon as possIble, and In no event later than January,
1987; further, If removal is not going to commence pr ~or to
September 1986, that staff JustIfy such delay In a report to
CounCIl by July 1st. Second by Counc~lmember Zane. D~scussion
was held. The motIon was approved by the folloWIng vote:
Council vote: Unanimously approved 7-0
l1-C: PIER RECONSTRUCTION: Presented was a staff report
recommending adoption of a resolutIon certlfy~ng the FInal
Environmental Impact Report for the Santa MonIca PIer
Reconstruction ProJect. Discussion was held. Member of the
public Tony Al varez spoke regardIng the prIorIty of acti v~ tIes
r elatIng to the pier reconstructIon proJect. Councllmember H.
Katz moved to adopt ResolutIon No. 7204(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE SANTA
MONICA PIER RECONSTRUCTION PROJECT", readIng by tItle only and
waivIng further read~ng thereof. Second by Councllrnember A.
Katz. The motion was approved by the fOlloWIng vote:
Council vote: UnanImously approved 7-0
12
Apr~l 22,1986
I
I
I
I
482
11-D: PIER RECONSTRUCTION: Presented was a staff report
recommend1ng award of contract to Healy-TIbbIts Construction in
the amount of $840,488 for strengthenIng and upgradIng of the
Santa Monica PIer and authorization for the CI ty Manager to
execute a contract w1th Don Hellmers Engineering for constructIon
management serVIces In an amount not to exceed $40,000.
Discussion was held. Councllmember H. Katz moved staff
recommendatIon number (1), thereby awarding Contract No.
4674(CCS) for the strengthening and upgradIng of the Santa Mon1ca
PIer to Healy-TIbbItts ConstructIon, the lowest responsIble
bIdder, in the amount of $840,488. Second by Councilmember Zane.
The motIon was approved by the fOllowing vote:
Council vote: UnanImously approved 7-0
CouncIlmember H. Katz moved to approve staff recommendatIon
numbers 2, 3, and 4, thereby: (2) author i zing the CIty EngIneer
to Issue any change orders necessary to complete additIonal work
to the extent of funds available 1n accordance wIth the
AdmInIstratIve InstructIon on Change Orders, (3) authorIzIng the
City Manager to negotIate and execute Contract No. 4675(CCS) with
Don Hellmers EngineerIng to provIde Construction Management
s er VI ces for an amount not to exceed $40,000, and (4)
authorIzing the transfer of $434,335.60 of appropriation
authorIty from Account 30-740-625-000-902 to Account
30-740-625-000-906 and the transfer of $70,000 of appropriat1on
authorIty from Account 30-740-625-000-917 to Account
30-740-625-000-906. Second by Councllmember A. Katz. The motIon
was approved by the followIng vote:
Council vote: UnanImously approved 7-0
11-E: PIER/PAINTING OF BUILDINGS: Presented was a staff report
recommendIng award of a contract to The Expert Painting and
DecoratIng Company 1n the amount of $14,585 for painting of
bU1lding exterIor s on Santa MonIca PI er. DI scussion was held.
(Councilmember A. Katz departed the da1s). ~~_unc1lmember Epstein
moved to approve the staff recommendat1on, thereby (1) awardIng
Contract No. 4676(CCS) for the paint1ng of bU1ld1ng exterIors on
the Santa MonIca Pler to The Expert Pa1ntlng and Decorating
Company, the lowest responsIble bIdder, in the amount of $14,585,
(2) authorIzIng the CIty EngIneer to Issue any change orders
necessary to complete addI tional work to the extent of funds
avaIlable in accordance with the AdminI strati ve InstructIon on
Change Orders, and (3) authorlzlng the CIty Manager to execute a
PromIssory Note wIth each of the part1cIpatIng tenants to provide
for repayment of the paInting costs. Second by Mayor Reed. The
motlon was approved by the follow1ng vote:
Council vote: UnanImously approved 6-0
Absent: Councilmember A. Katz
13
April 22, 1986
483
CCouncilmember A. Katz returned to the dais)
ll-F: CLOSED SESSION: ConsIdered later ln the evenlng.
12-A: TENTATIVE TRACT MAP/1024 BAY STREET: Presented was a
staff report regarding a request to set a public hearIng date to I
consider the appeal of Paul M. Van Arsdell, Jr. regarding
Tentative Tract Map 44039 for subdivision of real property at
1024 Bay Street. D1Scussion was held. Councllmember EpsteIn
moved to set the public hearing on May 13, 1986. Second by
Councilmemher H. Katz. The motIon was unanlmously approved.
12-B: DEVELOPMENT REVIEW PERMIT APPEAL/625 MONTANA AVENUE:
Presented was an appeal of the Plannlng Commission denIal of
Development Review Permit DR 308-B, 625 Montana Avenue, C2 and
R3A DistrIcts, 33,750 Sq. Ft. CommercIal Complex,
Applicant/Appellant: Murray Weber. D1SCUSSlon was held.
Councilmember Conn moved to hear from the applicant/appellant for
ten mInutes, the opposItion for ten minutes, other persons for
two mlnutes, and applicant rebuttal for three mInutes. Second by
Mayor Reed. The motIon falled by a vote of 2-5. DIScussion was
held. Councilmember H. Katz moved to hear from the
applicant/appellant for fIve minutes, everybody else for two
minutes, and applicant rebuttal for five minutes. Second by
Councilmember Epstein. The motion was approved by a vote of 6-1,
Councilmember Conn opposed. Discussion was held. At 10:47 p.m.,
Councllmember Epstein moved to extend the meeting to 12:30 a.m.
Second by CouncIlmember H. Katz. The motion was unanimously
approved. Ron Goldman, architect, spoke In support of the
development prOJect. DiscussIon was held. Members of the public
Marc Manger, Margaret Horst, Jane Jeffries, Wendle Olshan, Lynn
MItchell, Margaret Henry, Chuck Gregovich, Sig Shonholte, Gall A.
Walenca, MartIn FIshman, and Donald Nelson spoke In oppositIon to
the development. Garrette Hankln, attorney for Murray Weber,
spoke In support of the appeal. DIScusslon was held.
Councilmember H. Katz moved to deny the appeal and uphold the
Planning CommI ss ion's actIons and fInd Ings plus concerns
regardIng traffIC, the proJect is not neIghborhood-compatIble, lt
should be redesigned to cover less area, and it IS
automobIle-oriented, not pedestrian-oriented. Second by
Councllmember Zane. DIScussIon was held. The motIon was
approved by the followIng vote:
CouncIl vote: Unanimously approved 7-0
I
Councilmember JennIngs moved that Council concur in the PlannIng
Commission's interpretations that wIth respect to the C2
Neighborhood Commercial DIstrict, It was not Intended by the Land
Use Element that there be underground parking; that wIth respect
to the same C2 dIstr ict, It was not the in ten t of the Land Use
Element to allow second floor retail uses; and that wIth respect
to the same dIstrIct, it was the Intent of the Land Use Element
that the retaIl front on the streets, not interIorly. Second by
14
AprIl 22, 1986
I
I
lJ:lj4
Councllmember Zane. Councllmember Epstein moved a substitute
motion to refer the concerns raised In the debate to staff, and
request staff to report to Council wi th recommendations as to
whether they can deal WI th them In the ZonIng Ordinance, IS a
General Plan amendment requIred, IS the Main Street type approach
required? Second by Councllmember H. Katz. DIScussIon was held.
The substItute motIon was approved by unanImous vote.
(Mayor Pro Tempore Jennings departed the dais.)
12-C: ALCOHOL OFFSALE PERMIT/2838 SANTA MONICA BOULEVARD:
Presented was an appeal of the Planning Commlssion'sapproval of
Condi tlonal Use Perml t 411 to permi t the sale of off-si te beer
and WIne at an eXIsting convenIence market, 2838 Santa Monica
Boulevard. Appl ican t: H. H. Khallli. Appellant: Councilmember
Herb Katz. Discussion was held. Mohammed Khallli requested
approval of the perml t. Don Nelson spoke In opposItion to the
perml t. Discussion was held. Councllmember EpsteIn moved to
uphold the appeal and deny the CondItIonal Use PermIt. Second by
Councllmember H. Katz. The motIon was approved by the followIng
vote:
Council vote: AffIrmatIve: Councilmembers Conn, Epstein,
H. Katz, Zane, Mayor Reed
Negative; Councllmember A. Katz
Absent: Mayor Pro Tempore Jennings
Councilmember A. Katz requested the record to reflect that he is
voting against the appeal for the same reason the Planning
Commission approved it.
13-A: CITY ATTORNEY'S OFFICE RESPONSIBILITY TO RESIDENTS:
Presented was the request of MIchael Mlnafo to address CouncIl
regarding CIty Attorney's offIce responsIbIlIty to communIty
r esiden ts. There be Ing no one presen t to speak to the matter,
Councilmember EpsteIn moved to receive and fIle the
communication. The motIon was duly seconded and unanImOUSly
approved, Mayor Pro Tempore Jennings absent.
13-B:
1986.
Continued to AprIl 30,
PREFERENTIAL PARKING PETITION:
13-C: HIGHWAY SAFETY: Presented was the request of Trlsh
Shannon to address CounCIl to urge them to communicate WIth
CALTRANS In regard to highway safety on PacifIC Coast Highway
north of Santa Monica PIer. Trish Shannon spoke regardIng safety
problems on the Pacific Coast HIghway. DIScussion was held.
Mayor Reed moved to direct staff to send supportIve documentatIon
to the CALTRANS offICIal (R. H. Kermode, SenIor TransportatIon
EngIneer) who has agreed to do a traffIC study and to communicate
d lr ectly wIth CAL TRANS a bout the significant hazards that are
15
April 22, 1986
485
posed to the City by thIS sItuation. Second by Councilmember A.
Katz. DiscussIon was held. The motion was unanImously approved,
Mayor Pro Tempore Jennings absent.
14-A: BROWN ACT AMENDMENTS: ContInued to May 13, 1986.
14-B: LOS ANGELES CITY BUS MAINTENANCE LOCATION:
April 30, 1986.
ContInued to
I
14-c:
1986.
COMMISSION ON OLDER AMERICANS:
ContInued
to AprIl 30,
14-D: OIL DRILL lNG/COASTAL RESOURCES LEGISLATION: ContI nued to
April 30, 1986.
14-E: COUNCIL CHAMBER USE: Pr esented was the request 0 f Mayor
Reed to discuss waiving the fee for use of the Council Chambers
by the Los Angeles County Bar Association on May 17, 1986, for a
town hall meeting on AIDS. Mayor Reed moved to waIve the fee.
Second by Councilmember Zane. The motion was unanimously
approved, Mayor Pro Tempore Jennings absent.
14-F: AIDS AWARENESS PROGRAM: Continued to AprIl 30, 1986.
14-G: SCHOOL DIS TRIC! FINANCIAL ASSISTANCE: Continued to Apr il
30, 1986.
14-H: PANHANDLING/ACCOSTING: ContInued to May 6, 1986.
14-1: REIMBURSEMENT OF COSTS TO ATTEND LAW INSTITUTE: ContInued
to May 6, 1986.
14-J: FAIR HOUSING FOR CHILDREN: WI thdrawn at the request of
Councllmember Zane.
14-K: CITY ACQUISITION OF PROPERTY/DOWNTOWN BROADWAY: WIthdrawn
at the request of CounclImember Zane.
14-L: ALCOHOLIC BEVERAGE CONTROL LEGISLATION: Presented was the
request of Mayor Reed to dISCUSS oppositIon to SB 2522 (Maddy),
AB 3858 (Calderon), and AB 4146 (Moore), bills concernIng
legIslation WhICh permits the alcoholic beverage Industry to
evade local controls. Councilmember Epstein moved to oppose all
these bills that would weaken local land use controls and dIrect I
our lobbyist and staff to work together, Includ~ng Mayor Reed's
suggestIon for general authorizatIon In thIS area to support the
land use rules of cities in regard to alcoholIC beverages.
Second by Mayor Reed. The motion was unanimously approved, Mayor
Pro Tempore Jennings absent.
Councllmember Epsteln moved to extend the meetIng to 12:50 a.m.
The motion was duly seconded and unanImously approved.
16
April 22, 1986
I
I
486
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 CI ty.
At 12:50 a.m., a motIon was made, seconded, and unanImously
approved to adJourn to Closed Session to consIder the followIng
pend Ing cases: Cal i fornla Av iatlon v. CI ty of Santa Mon ica,
Uni ted States Dl str 1 ct Court Case No. CV 84-6985 (CMB) (BX) and
Los Angeles Superior Court Case No. C 306538; Colorado Place,
Ltd. v. CI ty of Santa Monica, Santa MonIca Super lor Court Ca se
No. 100185; Santa Monicans for Reasonable Growth V. CIty of Santa
MonIca, La s Angeles Super ior Cour t Case No. C 583600; Pa li v.
Cl ty of Santa Man ica, Santa MonIca Super I or Court Ca se No. WEC
100920; Ellis v. CIty of Santa Monica, Santa Monica SuperIor
Court Ca se No. WEe 82404; Gunz v. CI ty of Santa Monica, Santa
MonIca Superior Court Case No. WEC 64722. The motion was dUly
seconded and unanimously approved. At 12:55 a.m., CouncIl
reconvened wIth six members present, Mayor Pro Tempore Jennings
absent.
Councilmember Conn moved to approve settlement In the case of
Gunz v. City In the amount of $213,534.25. Second by Mayor Reed.
The motIon was approved by the following vote:
Council vote: Approved 5-0
Abstain: Councllmember A. Katz
Absent: Mayor Pro Tempore JennIngs
Councilmember Conn moved to approve settlement In the case of
Pall. v. Cl ty in the amount of $12,500. Second by Mayor Reed.
The motion was approved by the fOllowIng vote:
Council vote: Approved 5-0
AbstaIn: Councilmember A. Katz
Absent: Mayor Pro Tempore JennIngs
17
AprIl 22, 1986
487
ADJOURNMENT: At 1: 00 a. m., a motion was made to adJ ourn to
Wednesday, April 30,1986, at 7:30 p.m. to consider contInued
1 terns; adJ ournment to be In memory of Aud rey Au stI n Carver,
senIor VIce presIdent and member of the Board of DIrectors of the
Santa Honica Bank; Robert N. Baker, former prosecuting attorney I
on the Ci ty Attorney I s staff and former PlannIng CommIssIoner;
DavId L. Spaulding, former Planning CommISSion Chairman; and
authors SImone De Beauvolr and Jean Genet. The motion was duly
seconded and approved by a vote of 4-1, Mayor Pro Tempore
JennIngs absent and Councilmember EpsteIn opposed.
ATTEST:
"
C-r~ ,
;' )J X-Ie
I
tL/~(
APPROVED:
f1U~!/~
~' ChrIstine E. Reed
. Hayor
, I
(-~/~'t...
Ann M. Shore
CIty Clerk
I
18
April 22, 1986