M-4/8/1986
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 8, 1986
A meetIng of the Santa MonIca City Council was called to order by
Mayor Reed at 7:35 p.m. Councllmember H. Katz led the assemblage
in the pledge of allegIance to the Uni ted States of America.
Reverend JIm Conn, Church in Ocean Park, offered the invocation.
Roll Call: Present: Mayor ChrIstIne E. Reed
Mayor Pro Tempore WIllIam H. JennIngs
Councllmember James P. Conn
Councllmember David G. Epstein
Counncllmember Alan S. Katz
Councllmember Herb Katz
Councilmember DennIs Zane
Centered after Roll Call)
Also Present: City Manager John Jalill
CIty Attorney Robert M. Myers
AssIstant CIty Clerk Donna R. Betancourt
Councllmember H. Katz moved to
Second by Councllmember EpsteIn.
approved.
add Item 4-B
The motIon
to
was
the agenda.
unanimously
4-A: TREE CITY USA AWARD: John Hagenmiller, SenIor Deputy
Forester, Los Angeles County, commended the CIty of Santa Monica
and 1 ts ci ti zen s for recel v ing Its fl fth annual Tree CI ty USA
Award, sponsored by the National Arbor Day FoundatIon, and
presented the Mayor with a lapel but ton, a paperweight, and a
Tree CIty Flag.
4-B: EARTHQUAKE PREPAREDNESS
proclamatIon deSIgnating AprIl
Earthquake Preparedness Week.
WEEK: Mayor
14th through
Reed
19th,
read
1986,
a
as
CITY COUNCIL AND HOUSING AUTHORITY SPECIAL JOINT MEETING
Roll Call: Present:
Authority ChaIrperson Christine E. Reed
AuthorIty Chalrperson Pro Tempore William H. JennIngs
AuthorIty Member James P. Conn
Authority Member Davld G. EpsteIn
Authority Member Alan S. Katz
Authority Member Herb Katz
AuthorIty Member DennIS Zane
Also Present:
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ExecutIve Director John Jallll
AuthorIty Robert M. Myers
AssIstant Clty Clerk Donna R. Betancourt
CC/HA-l: SECTION 8 HOUSING: Presented was a staff report
recommendIng adoption of resolutIons apprOVIng reVISIon of I
Annual ContributIons Contracts for the Section 8 Housing
Certificate and HousIng Voucher Programs and authorIZIng the
Executive Secretary to execute a contract with the U.S.
Department of Housing and Urban Development. DiscuSSIon was
held. Member EpsteIn moved the adoptIon of ResolutIon No.
23(HAS) entItled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE
CITY OF SANTA MONICA APPROVING SUPERSEDING PART AND NEW PART II
OF SECTION 8 HOUSING CERTIFICATE PROGRAM ANNUAL CONTRIBUTIONS
CONTRACT NO. SF-520 AND AUTHORIZING EXECUTION", readIng by tItle
only and waIVIng further reading thereof. Second by Member Zane.
The motion was approved by the follOWIng vote:
Authority vote: Unanimously approved 7-0
Authorl ty Member Conn moved adoption of ResolutIon No. 24 (HAS)
entItled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF
SANTA MONICA APPROVING SUPERSEDING PART I AND NEW PART II OF
SECTION 8 HOUSING VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT
NO. SF-520V AND AUTHORIZING EXECUTION"t readIng by tItle only and
waiving further readIng thereof. Second by Member Epstein. The
motIon was approved by the follOWIng vote:
AuthorIty vote: Unanimously approved 7-0
ADJOURNMENT: At 7:45 p.m.,
JOInt meetIng. Second by
unanImOUSly approved.
Member
Member
Conn moved to
EpsteIn. The
adjourn
motion
the
was
REGULAR COUNCIL MEETING RECONVENED
5 -A: COUNCIL MEETING RULES REVISION: Presented was the request
of Mayor Pro Tempore Jennings to discuss revlsIng Resolution No.
6744(CCS) In order to streamlIne the Council meeting rules,
continued from March 25, 1986. Mayor Pro Tempore Jennings
in traduced discuSSIon and moved that items from other elected
bodIes appear on the Council agenda as Special Agenda ("4")
items; that it IS lnappropr1ate for agenCIes to use the Council
agenda to argue for or agaInst ballot 1n1 tlatl ves; that, after I
the staff report and publlC Input, a motIon be made for
d1Scusslon; and that the Mayor be authorIzed the optIon of
calling for a straw vote or requestIng speCIal Councilmember I s
concerns befor e publIC Input. The motIon fa lIed for lack of a
second. DiSCUSSIon was held.
Councllmember Zane moved to dlrect the Ci ty Attorney to reVIse
the Resolution to prOVIde that agenda Items from elected bodies
(School, College t and the Rent Control Board) appear as Speclal
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Agenda ("4") Items. The motion was duly seconded and unanimously
approved.
Discussion was held. Mayor Pro Tempore Jennings moved to add
language to resol utlon Sectlon 5 (c) (3), Whl ch presently says
that no communIcatIon shall be placed on the CIty counCIl agenda
WhICh contaIns material advocating or oppOSIng the candIdacy of
any person or offIce or party for any elected offIce, so that It
also read " no communIcation shall be placed on the agenda which
advocates or opposes any InItlatIve or referendum submItted to
the people for a vote." The motion was duly seconded.
DiSCUSSIon was held. With the consent of the maker and no
ObjectIon from the second, .Councllmember Epstein moved an
amendment to IlmIt the restrictIons to local ballot measures
after they have been placed on ballot. The motion, as amended,
faIled by the following vote:
CounCIl vote: Affirmative: Councllmembers EpsteIn, JennIngs
Negative: Councllmembers Conn, A. Katz,
H. Katz, Zane, Mayor Reed
Mayor Pro Tempore JennIngs moved that the resolution be amended
so that In regard to agenda Items "7", 718", 719", and "11", a
motion be made after publlC Input, and if no motIon IS made, the
Council moves on to the next Item on the agenda. Second by
Councllmember EpsteIn. Discussion was held. The motion falled
by the follOWIng vote:
CounCIl vote: Afflrmatlve: Councllmembers Epstein, Jennings,
H. Katz
Negative: Councllmembers Conn, A. Katz,
Zane, Mayor Reed
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. ~~uncllmember EpsteIn
moved to approve the Consent Calendar, readIng resolutions and
ordInance by tI tIes only and waIving futher reading thereof.
Second my Councllmember Zane. The motIon was approved by the
follOWIng vote:
Council Vote: Unanlmously approved 7-0
6-A: APPROVAL OF MINUTES:
approved.
The minutes of March 25, 1986) were
6-8: PROCLAMATIONS OF LOCAL EMERGENCY: Resolutlon No. 7189(CCS)
entltled: "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.
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6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7190(CCS)
entltled: "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-86-19)," was adopted.
6-D: FINAL TRACT MAP 44029: Resolution No. 7191 (CCS) entl tl ed: I
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
44029," for Tenant-Particlpating Convers10n at 611 - 9th Street,
was adopted.
6-E: LEAFBLOWERS: Ordinance No. 1364(CC3) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 4204d3 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING THE
OPERATION OF LEAF BLOWERS DURING CERTAIN HOURS," was adopted,
havlng been 1ntroduced March 25, 1986.
6-F: SOFTBALL TOURNAMENTS: Contract No. 4660 (CCS) was awarded
to Shakey r s Restaurant to co-sponsor two adul t softball
tournaments this summer.
6-G: CITY HALL IMPROVEMENTS: Contract No. 4661(CCS) was awarded
to Bryant Organlzatlon, Inc. ln the amount of $14,277 for
lmprovements to the C1 ty Hall and Police Department roof and
necessary change orders were authorized.
6-H: TRANSIT COACH UPHOLSTERY REPAIR: Bid No. 2051 was awarded
to Sardo Bus and Coach Upholstery as per speclfled unit prIces
for trans1t coach upholstery repair for the Transportation
Department.
6-1: FARE BOX COLLECTION SYSTEM: Bid No. 2043 was awarded to
General Farebox, Inc., in the amount of $997,762 to dell ver and
lnstall a bus farebox collectIon system for the Transportatlon
Department.
6-J: BRAKE RETARDERS: Bid No. 2046 was rejected and Resolutlon
No. 7192(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND
AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF BRAKE RETARDERS
INCLUDING INSTALLATION FOR THE BUS FLEET OF THE TRANSPORTATION
DEPARTMENT," was adopted.
6-K: TRAFFIC SIGNAL: A recommendation was approved to delete
from the 1985-86 Capi tal Improvemen t Progr am a project for a
pedestrlan traffIC signal on Pi co Boulevard at Euclld Street.
6-L: PICO NEIGHBORHOOD TRAINING GRANTS: A recommendatlon was
approved to allocate $7,596 to the P1CO Neighborhood AssociatIon
to be applled to the Core Community Organlzing and Adult
Employment/Youth Leadership and Training grants.
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6-M: FAIR HOUSING MONTH: Resolution No. 7193(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE MONTH OF APRIL AS 'FAIR HOUSING MONTH' FOR THE YEAR
1986," was adopted.
END OF CONSENT CALENDAR
a-A: PREFERENTIAL PARKING ZONE J: Presented was a staff
recommendatIon transmIttIng an ordInance for IntroductIon and
fIrst reading to establIsh PreferentIal ParkIng Zone J on 24th
Street between Santa MonIca Boulevard and Broadway.
Councilmember EpsteIn moved to contInue the Item for two weeks
because he has not receIved the staff report. Second by
Councllmember Conn. DIScussIon was held. Councllmember Conn
WI thdrew his second to the motIon; therefore, the motion faIled
for lack of a second. At 8: 20 p. m., the public hear Ing was
declared open. Councllmember EpsteIn moved to hear from members
of the publIC for three minutes each. Second by Councilmember
Conn. The motIon was unanImously approved. Councllmember
EpsteIn moved to allow two members of the publIC who were late In
turnIng in their chIts to be heard for three mInutes each.
Second by Councilmember Conn. The motIon was unanimously
approved. Members of the public Arthur Thompson, Ralph Cochran,
Freder ique Sutton, Debbie Lagasca, John Schml d t, Margaret Ryan,
ChrIs HardIng, and Bernardo Alps spoke In support of the
ordinance. Walter Schwartz spoke in opposition to the ordinance.
The pUblic hearIng was declared closed. Discussion was held.
Counc llmember Zane moved to approve the sta ff recommendatIon,
thereby IntroducIng for fIrst readIng an ordinance entItled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 3238J TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH
PREFERENT IAL PARKING ZONE J f1, read 1 ng by title only and waIvIng
further readIng thereof. Second by Mayor Reed. Discussion was
held. Councllmember H. Ka tz moved a substl tute motion to deny
the preferentIal parking. The motion faIled for lack of a
second. DIScussIon was held. The motion to adopt the ordInance
was approved by the follOWIng vote:
CounCIl vote: AffIrmatIve: Councllmembers Conn, EpsteIn,
Jennings, A. Katz, Zane, Mayor Reed
NegatIve: Councllmember H. Katz
10-A: CITY ATTORNEY LEGAL OPINION/PLANNING COMMISSION:
Presented was the request of the Planning Commission for
dlrectlon regarding the CommIssIon's authori ty to request the
City Attorney's legal opInIon regardIng proposed or contemplated
courses of actIon. Penny Perlman I Chairperson of the PlannIng
CommIssion, spoke in support of the request. Discussion was
held. Councllmember EpsteIn moved to approve the general POlICY
outlIned by the Cl ty Attorney (honorIng opInIon requests from
Boards and Commissions as a whole, but not from indIVIdual
members, except with respect to conflIct of Interest questlons),
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and to ask the PlannIng CommIssIon Chairperson and the CI ty
Attorney to meet and dISCUSS the service provIded by the CI ty
Attorney's offIce to the Planning CommIssion, and report back to
CouncIl If any unresolved dIfferences remaln.Second by
CouncIlmember H. Katz. The motIon was unanImously approved.
10-8: ZONING ORDINANCE: Presented was a request from the I
PlannIng CommissIon for a tIme extension for the ZonIng Ordinance
public hearIng schedule. Penny Perlman, ChaIrperson of the
PlannIng Commission, spoke regarding the revIsed schedule.
DiscussIon was held. .Councllmember EpsteIn moved to adopt the
revIsed schedule and dIrect staff to do the publIC notice as
staff has IndIcated (revIsed schedule to be sent to the mailIng
lIst of interested partIes and organIzatIons, pUblIshed In the
paper at least three tImes a month, and the legal required public
notice). Second by Councllmember H. Katz. DiscussIon was held.
The motIon was unanImously approved.
11-A: AIRPORT PARCEL ANNEXATION : Presented was a staff report
recommendIng certificatIon of the InItIal Study and NegatIve
DeclaratIon for annexatIon of a 34-acre parcel of Santa Monica
AIrport. Di scussion wa s held. The publIC hearIng was declared
open. There beIng no one seekIng to be heard, Councilmember Zane
moved to close the publIC hearIng. Second by Councilmember
EpsteIn. The motIon was unanImously approved. Councilmember
Zane moved the staff recommendatIon, thereby approvIng the
follOWIng fIndIngs: 1) The City Council has revIewed the
InItIal Study and Negative DeclaratIon (EIA 810) and finds that
these documents adequately reVIew and analyze potentIal
envIronmental effects of the proposed proJect, inclUdIng effects
on earth, aIr, water, noise, lIght and glare, shadows, rIsk of
upset, land use, transportatIon/cIrculatIon, and aesthetics; and
2) The City CounCIl certIfIes the NegatIve DeclaratIon and fInds
that environmental reVIew for the project was conducted In
accord ance WI th State and CI ty CEQA gu ldel ines, that ther e was
adequate public reVIew of the proposed NegatIve Declaration, and
that there IS no substantIal evidence that the project may have a
SIgnIfIcant enVIronmental effect. Second by Councilmember H.
Katz. The motion was unanImously approved.
11-8: 8EACH TRASH BARRELS: Presented was a staff report
recommendIng approval of a renewed agreement WIth Nostrum, Inc.,
for the prOVIsion and maintenance of beach trash barrels In
return for the advertIsing opportunIty. DiscussIon was held. I
Member of the publIC Steve Lubell spoke In support of the staff
recommendatIon. Councllmember Epstein moved the staff
recommendatIon, thereby authorIZIng the CIty Manager to negotIate
a renewal of Con tr act No. 4662 (CCS) Wl th Nostrum, Inc., for the
provision of beach trash barrels in return for the opportunity to
advertise the logo of speCIfically approved advertIsers In the
context of an antI-lItter message. Second by Councilmember Conn.
Dl SCUSSIon was held. The motIon was approved by the fOllOWIng
vote:
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Councll vote: Afflrmatlve: Councilmembers Conn, EpsteIn,
JennIngs, A. Katz, H. Katz,
Mayor Reed
NegatIve: Councllmember Zane
11-C: CLOSED SESSION: ConSldered later In the evenlng.
13-A: LEGISLATION REGARDING BROWN ACT (OPEN MEETINGS):
Presented was the request of John Jurenka to address CouncIl
regardIng Assembly BIll 2674 (Connelly) Wh1Ch amends the Brown
Act governIng open meetings of local agencles. Mr. Jurenka
requested CouncIl to endorse AB 2674. Discussion was held.
Councllmember Conn moved to receive and fIle the communIcation.
Second by Councllmember EpsteIn. The motIon was approved by a
vote of 6-1, Mayor Pro Tempore Jennlngs opposed.
13-B: CONSTRUCTION HOURS/STREET REPAIRS: Presented was the
request of Paul A. SlIver to address CouncIl regardIng
constructIon hours and repaIr of streets. There beIng no one
present to speak to the matter, Councilmember Epstein moved to
receive and fIle the communIcatIon. Second by Councllmember
Conn. The motlon was unanImously approved.
14-A: COMMISSION ON OLDER AMER ICANS: Presen ted was the matter
of appoIntment of a member to the CommissIon on Older AmerIcans,
con tl nued from Ma rch 25, 1986. NomInatIons were declared open.
CouncIlmember EpsteIn nomInated Leo Gonzales. Hear ing no other
nomIn at ions, Coune Ilmember Conn moved to appo in t Leo Gonzal es
unanImously. Second by Councllmember EpsteIn. The motion was
un an Imously approved. Therefore, Leo Gonzales was appoInted to
the CommIssion on Older AmerIcans as a non-votIng member for an
IndefInite term.
14-8: LIBRARY BOARD: Presented was the matter of acceptance of
a letter of resignatIon from Charles W. Elswick from the Llbrary
Board and authorIzatIon to the City Clerk to publISh a notlce of
vacancy. Councllmember Epste In moved to accept the res 19nation
with regret and to authorIze the CIty Clerk to publish a notIce
of vacancy for the remaInder of the term. Second by Mayor Reed.
The motion was unanImously approved.
14-C: SOCIAL SERVICES COMMISSION: Presented was the matter of
acceptance of a letter of reslgnatlon of Roberta Schulman from
the Soclal Servlces CommIsSIon. Councilmember EpsteIn moved to
accept the resignation wIth regret, to ask the CIty Clerk to take
steps necessary to flll the pOSI tlon durIng the annual
apPoIntment process In June, and to ask the Grants Management
staff, at the tIme they report to Council on the SocIal ServIces
budget, to brIefly address Ms. Schulman's suggestIon regardIng a
pIlot famIly aId outreach program. Second by Councllmember H.
Katz. The motion was unanimously approved.
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14-D: PIER PUSHCART VENDORS: Presented was the request of
Councilmember Herb Katz to dISCUSS dIrectIon to the CIty Attorney
to prepare an emergency ordInance to allow pIer pushcart vendors
in connectIon with the PIer RestoratIon CorporatIon leasIng plan.
Councllmember H. Katz Introduced dIScussIon regardIng thIS
request from CorporatIon. DIScussion was held. Councllmember I
EpsteIn moved to ask the CIty Attorney, In communIcation wIth the
Pier RestoratIon CorporatIon, to return to us, If possIble, with
a SolutIon to thIS problem to allow the vending program by May;
if that 1 S an emergency ord inance, fIne; 1 fIt IS some other
exception, fIne; and If It cannot be done, to report to us, and
if it can be done, as ear ly as pOSSl bl e. Second by Ma yor Reed.
Councllmember Epstein Incorporated Into the motIon Mayor Reed's
suggestIon that facilitatIng of the pushcart vendors be strIctly
lImIted to the munIcIpal pIer. The motion was unanImOUSly
approved.
14-E: CITY MANAGER'S COMPENSATION: Presented was the request of
Mayor Reed to dISCUSS the CIty Manager's compensatIon pursuant to
hIS annual performance review. Ma~or Reed move~ to recommend
that a salary Increase of SIX percent, retroactive to December 4,
1985 (the annual review date), and pursuant to the annual
performance review that the CouncIl has done on the CIty Manager,
be approved, and further, that a performance bonus of $3,000 be
awarded to the Ci ty Manager. Second by CouncIlmember H. Katz.
WI th the consent of the maker and no obJ ection from the second,
Councilmember Epstein moved to amend the motIon to reflect that
new level of compensation is $79,500." The motion, as amended,
was approved by the following vote:
Council vote: UnanImously approved 7-0
14-F: HOMELESS RELIEF ACT: Presented was the request of
Councllmember A. Katz to dISCUSS conSIderatIon of endorsement of
AS 2839 (Chacon) regard lng the Homeless RelIef Act of 1986, a
bIll which would defIne the role and responSIbilities of the
publIC and prIvate sectors, establIsh a State Office of Homeless
SerVIces, allocate state funds to create county homeless service
centers, reqUIre participating countIes to complete plans for
aId Ing the home 1 ess, and create al ternati ve facIlItIes to house
publIC InebrIates awaItIng trial In SIX countIes. Councllmember
A. Katz introduced dISCUSSIon and moved to approve Council
endorsement of AS 2839, and communIcate thIS endorsement to the
city's lobbyist. Second by Councilmember H. Katz. The motIon
was unanImously approved.
11-C: CLOSED SESSION: Presented was a request for Closed
Session to conSIder personnel matters and threatened litigatIon,
pending 11 ti gatlon, and Ii tlgatlon to be commenced by the Cl ty.
At 9:45 p.m., Councllmember EpsteIn moved to adJourn to Closed
SeSSIon to conSl der the followIng I terns: Honor M. Corrado, et
a1. v. City of Santa MonIca, et aI, Los Angeles SuperIor Court
Case No. C 590910; Jonathan Club v. CalIfornia Coastal
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CommIssion, Los Angeles SuperIor Court Case No. C 563602; RIvera
v. CI ty of Santa MonIca , United States DIstrict Court Case No.
CV-84-8795 Kn (Bx); UnIted Brotherhood of Carpenters, et al. v.
CIty of Santa MonIca, et al., Los Angeles SuperIor Court Case No.
WEC 069227; CalIfornIa AVIation v. CIty of Santa MonIca, United
States DIstrIct Court Case No. cv 84-6985 (CMB) (Bx) and Los
Angeles Super lor Court Case No. C 306538; and Gunz v. C 1 ty of
Santa Mo n i ca, Santa Moni ca Super lor Court Case No. WEC 64722.
Second by Mayor Reed. The motion was unanimously approved. At
11:30 p.m., Councll reconvened wIth all members present. Mayor
Reed announced that no actIon was taken.
ADJOURNMENT: At 11:32 p.m., Councllmember Conn moved to adJourn
to 6:00 p.m. on April 15, 1986, for a Closed Session to discuss
personnel matters and 11 tlgation. Second by Councllmember H.
Katz. The motIon was unanImously approved.
LAT
APPROVED:
~-kJ..~
/ Chr 1 stine E. Reed
Mayor
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AprIl 8, 1986