M-11/24/1987
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 24, 1987
A meeting of the Santa Monica city Council was called to order by
Mayor Conn at 6:00 p.m., on Tuesday, November 24, 1987, in the
Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember David B. Finkel
Councilmember Alan S. Katz
(arrived at 6:50 p.m.)
Councilmember William H. Jennings
(arrived at 6:05 p.m.)
Councilmember Christine E. Reed
Counci1member Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
Assistant City Clerk Donna R. Betancourt
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 6:01 p.m., Council adjourned to Closed Session to
consider personnel matters and the following cases: Mendez v.
city of Santa Monica, Santa Monica Superior Court Case No. WEC
097 390; and Claim of Fred Inouye, Claim No. ASM 87-162. At 7:37
p. m., council reconvened with all members present. No actions
were announced.
Mayor Pro Tempore Herb Katz led the assemblage in the Pledge of
Allegiance to the United States of America. Inspiration was
continued to December 1, 1987.
4-A: EMPLOYEE SERVICE PIN: Mayor Conn presented an employee
service pin to Lawrence Edgecomb, Recreation and Parks
Department, for 25 years of service.
Regarding Item 11-B (Preferential Parking Zones in the Main
street Area), Mayor Pro Tempore Herb Katz moved to hear from
members of the public but to postpone council consideration of
the item to January 1988 when it will also hear staff
recommenda tions regarding the Main Street and surrounding area
parking situation. Second by Councilmember Reed. Mayor Conn
excused himself from the discussion of this matter due to a
possible conflict of interest. Discussion was held.
councilmember Zane moved an amendment to the motion to keep the
public hearing open until January in order to provide a full
oportunity for those members of the public who wish to speak.
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The amendment was accepted as friendly by the maker and second of
the motion. Discussion was held. The motion as amended, was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz, H.
Katz, Reed, Zane
Negative: Councilmember Jennings
Abstain: Mayor Conn
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. Mayor Pro Tempore H.
Katz moved to approve the consent Calendar, reading ordinances
and resolutions by title only and waiving further reading
thereof. Second by Councilmember Finkel. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: City council minutes of October 27 and
November 10, 1987 were approved.
6-B: ALCOHOL SERVING BUSINESSES: Ordinance No. 1426(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE EXPIRATION DATE OF ORDINANCE NUMBER
1319(CCS)" was adopted, thereby extending the expiration date of
Ordinance No. 1319(CCS), which established an interim conditional
use permit process for alcohol serving businesses, to January 1,
1989, introduced November 10, 1987.
6-C: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS: Resolution No.
7517 (CCS) enti tIed: II 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-88-104)"
was adopted, thereby setting a public hearing for January 12,
1988, on the assessment of costs to repair damaged sidewalks,
driveways and curbs on various streets.
6-D: GUTTER CONSTRUCTION/STREET RESURFACING: Resolution No.
7518 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR JANUARY 12,
1988, TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF
ASSESSMENTS FOR GUTTER INSTALIATION AND STREET RESURFACING ON
VARIOUS CITY STREETS" was adopted, thereby setting a publ ic
hearing for January 12, 1988, for the confirmation of gutter
construction and street resurfacing assessments on the following
City streets: 7th street from Wilshire Boulevard to San vicente
Boulevard; 22nd street from Michigan Avenue to Pennsylvania
Avenue; Princeton street from Santa Monica to Wilshire Boulevard;
Yale Street from Santa Monica to Wilshire Boulevard; and 18th
street from Wilshire Boulevard to Montana Avenue.
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6-E: TENANT-PARTICIPATING CONVERSION/2909 10TH STREET:
Resolution No. 7519 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 44279" was adopted, thereby
approving Final Map 44279 for Tenant Participating Conversion
TPC-022 of 6 units at 2909 lOth Street.
6-F: REGIONAL FILM PERMIT CENTER: Resolution No. 7520 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SUPPORTING THE ESTABLISHMENT OF A REGIONAL FILM PERMIT
CENTER" was adopted, thereby supporting the need for streamlined
film permit procedures region-wide and the creation of a Regional
Film Permit Center in West Hollywood to serve as an information
clearinghouse and accept applications for film permits from
member communities.
6-G: COUNCIL RULES OF ORDER: Resolution No. 7521(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY
COUNCIL MEETINGS" was adopted, thereby amending the rules of
order to give members of the public who wish to submit an item to
be placed on the City Council meeting agenda until 5:00 p.m. two
Mondays prior to the meeting to do so (revised from noon two
Mondays prior to the meeting).
6-H: LEASE AGREEMENT/GUNNELL AVIATION, INC.: A recommendation
to approve the assignment and sublease of the lease agreement
with Gunnell Aviation, Inc. for the construction, operation and
maintenance of a full-service aviation fixed-base operator
facility was approved, thereby authorizing the City Manager to
execute a Consent to the Assignment and Sublease of Contract No.
4670(CCS) upon receipt of satisfactory evidence that the
financial commitment of $4 million has been satisfied by Gunnell
Aviation and Gunnell Properties.
6-1: LEASE AGREEMENT/SUPERMARINE OF SANTA MONICA: A
recommendation to approve a modification to the lease agreement
with Supermarine to sublease a portion of the leased premises to
28th street Restaurant Corporation for operating a restaurant at
the airport was approved, thereby authorizing the City Manager to
execute a Consent to Sublease pertaining to the proposed sublease
between Supermar ine of Santa Monica and 28th Street Restaurant
Corporation, and authorizing the city Manager to execute a
Modification to Contract No. 4671(CCS) for the purposes stated in
the staff report dated November 24, 1987.
6-J: GVW CAB AND CHASSIS/STREET DIVISION: Bid No. 2143 was
awarded to Pacific Coast Ford in the amount of $21,215.90, for
one new 10,000 GVW cab and chassis with special body and emulsion
sprayer for the Street Division.
6-K: METAL TRASH CONTAINER REPAIRS/SOLID WASTE MANAGEMENT
DIVISION: Bid No. 2149 was awarded to Container Repair Service
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at specified unit prices for labor and materials to repair metal
trash containers for the Solid Waste Management Division.
6-L: METER BOXES AND VAULTS/WATER DIVISION: Bid No. 2151 was
awarded to Eisel Enterprises, Inc. at specified unit prices for
miscellaneous meter boxes and vaults for the Water Division.
6-M: WHEEL LOADER WITH SLIDE BACKHOE/WATER DIVISION: Bid No.
2152 was awarded to Eberhard Equipment in the amount of $27,653,
for one wheel loader with slide backhoe for the Water Division.
6-N: MISCELLANEOUS LUMBER AND LUMBER SUPPLIES: Bid No. 2155 was
awarded to Southland Lumber & Supply Co., Inc. at specified unit
prices for miscellaneous lumber and lumber supplies for various
departments.
6-0: PNEUMATIC TIRES AND TUBES/MUNICIPAL BUS LINES: Bid No.
2154 was awarded to Firestone Tire & Rubber Company at specified
unit prices for the period February I, 1988 through January 31,
1991, with two one-year optional extensions, to furnish and
deliver pneumatic tires and tubes to be leased for use on buses
of the Municipal Bus Lines.
6-P: SERVICE AUTHORITY FOR FREEWAY EMERGENCIES: Resolution No.
7522 (CCS) entitled: t'A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO ESTABLISH SERVICE AUTHORITY FOR FREEWAY
EMERGENCIES It was adopted, thereby supporting the creation of a
Service Authority for freeway emergencies in Los Angeles County
and designating the Los Angeles County Transportation Commission
as the Service Authority.
6-Q: HOMELESS SERVICES FUNDING APPLICATIONS: Resolution No.
7523 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF FUNDING
APPLICATION TO THE FEDERAL EMERGENCY SHELTER GRANT PROGRAMIt;
Resolution No. 7524 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF
FUNDING APPLICATION TO THE STATE EMERGENCY SHELTER PROGRAMIt; and
Resolution No. 7525 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF
FUNDING APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR SUPPLEMENTAL ASSISTANCE TO ASSIST THE HOMELESSIt
were adopted, thereby authorizing the preparation and submittal
of Federal and state funding applications for possible homeless
services.
8-A: REDEMPTION VALUE FOR WINE/SPIRIT COOLER CONTAINERS:
Presented was a staff report transmitting an ordinance for
introduction and first reading adding Municipal Code Sections
5250 through 5256 to establish a redemption value for wine cooler
and spirit cooler containers. The public hearing was declared
opened at 8:00 p.m. Deborah Baine spoke in support of the
proposed ordinance. Councilmember A. Katz moved to continue the
item and the public hearing to the Council meeting of December 1,
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1987. Second by Mayor Pro Tempore H. Katz.
unanimously approved.
The motion was
8-B: PREFERENTIAL PARKING ZONE K: Presented was a staff report
transmitting an ordinance for introduction and first reading
adding Municipal Code Section 3238k to establish Preferential
Parking Zone K on 17th, 18th, 19th, and 20th Streets between
Wilshire and California. Discussion was held. The public
hearing was declared opened at 8: 12 p. m. There being no one
wishing to speak, the public hearing was declared closed.
Councilmember Reed moved to approve the negative declaration.
Second by Councilmember Zane. The motion was approved by the
following vote:
council vote: Affirmative: Counci1members Finkel, Jennings, A.
Katz, Reed, Zane, Mayor Conn
Negative: Mayor Pro Tempore H. Katz
Mayor Pro Tempore H. Katz requested that the record reflect his
opposition is because of his concerns regarding the Environmental
Impact Report items 25(b) and 25(c); he feels that this
(Preferential Parking) is a short-term band-aid and not a
long-term method of solving the traffic problem.
Councilmember Reed moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 3238K TO THE SANTA MONICA
MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE K,n reading
by title only and waiving further reading thereof. Second by
Councilmember Zane. The motion was approved by the following
vote:
Council vote: Affirmative: councilmembers Finkel, Jennings, A.
Katz, Reed, Zane, Mayor Conn
Negative: Mayor Pro Tempore H. Katz
Mayor Pro Tempore H. Katz requested the record to reflect that
his negative vote on this motion is for the same reasons he
stated earlier.
8 -C: LANDMARKS ORDINANCE: An ordinance for introduction and
first reading amending Municipal Code Sections 9611 and 9612 and
adding Municipal Code Section 9611. 5 (Landmarks Ordinance) to
protect and preserve designated Landmarks from demolition was
continued to December 1, 1987.
8-D: REPLICA FIREARMS: Presented was a staff report
transmitting an ordinance for adoption and second reading adding
Section 3512 to the Municipal Code to prohibit the sale of
replica firearms, introduced November 10, 1987. Discussion was
held. councilmember A. Katz moved to adopt ordinance No.
1427 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
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CITY OF SANTA MONICA ADDING SECTION 3512 TO THE SANTA MONICA
MUNICIPAL CODE TO PROHIBIT THE SALE OF REPLICA FIREARMS," reading
by title only and waiving further reading thereof. Second by
Mayor Pro Tempore H. Katz. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
councilmember Reed requested the record to reflect that the
reason she is voting no is that she does not think it makes sense
to do this on a small city level: in addition, it does not seem
very sensible to ban replica "toy" weapons when you can still buy
real, non-replica airguns and BB guns and real guns in this city.
II-A: INCREASES IN SEWER FEES: Presented was a staff report
recommending adoption of a resolution revising sewer use fees,
sewer connection fees, and industrial waste quality surcharge.
Discussion was held. Member of the public Joy Fullmer expressed
concern regarding the amount of the increase in sewer fees, and
the assessment for apartments. Donald Lewin Nelson spoke in
support of the staff recommendation, and in support of water
conservation measures. Councilmember Reed moved to approve the
staff recommendation, thereby: (1) adopting Resolution No.
7526(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING A SEWER SERVICE CHARGE, AN
INDUSTRIAL WASTE QUALITY SURCHARGE AND A SEWER CONNECTION FEE, II
reading by title only and waiving further reading thereof: (2)
making accounting adjustments as detailed in the staff report
dated November 24, 1987; (3) directing staff to prepare an
ordinance to require all developments over 80,000 square feet to
reduce sewage generation; and (4) directing the City Manager to
initiate a study to evaluate alternatives to deal with the
additional sewage treatment capacity required by Santa Monica,
such as a water reclamation system for irrigation throughout the
City, and to identify potential sources of outside assistance
funding for such a project. Second by Mayor Pro Tempore H. Katz.
Discussion was held. Councilmember Zane moved an amendment to
the motion to include water conservation programs. The amendment
was accepted as friendly by the maker and the second. Discussion
was held. Mayor Conn moved to amend the motion to direct staff
to bring back recommendations for lower flow toilets and to
investigate the issue of individual metering on multi-family
rental units. The amendment was accepted as friendly by the
maker and second. Discussion was held. The motion, as amended,
was approved by the following vote:
Council vote: Unanimously approved 7-0
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Il-B: PREFERENTIAL PARKING/MAIN STREET AREA: Presented was a
recommendation to direct the city Attorney to prepare an
ordinance modifying the existing time restrictions for
Preferential parking Zone C and Zone I adjacent to the Main
Street area. Mayor Conn withdrew from discussion of this item
due to a possible conflict of interest. Discussion was held.
Member of the public Joseph Cook spoke in favor of modifying the
proposed preferential parking zone to increase the time of
preferential parking for two hours. Elsa Petrucelli expressed
concern that this matter is being continued. The item was
continued to January 1988 (see discussion and motion on this item
following Item 4-A).
ll-C: VIRGINIA PARK EXPANSION: A recommendation regarding the
proposed expansion of Virginia Park was continued to December 1,
1987.
Il-D: CLOSED SESSION: Not held.
l2-A: HARDSHIP EXEMPTION/29l2 3RD STREET: Presented was an
application for a hardship exemption from the Ocean Park interim
ordinance, Ordinance l416(CCS), by Paul and Beverly Bezaire for
property located at 2912 3rd street. Discussion was held. Paul
Desantis spoke on behalf of the applicants. Paul and Beverly
Bezaire spoke in favor of the exemption. Councilmember Zane
moved to grant the hardship exemption and adopt the findings in
support thereof, included in the staff report dated November 24,
1987. Second by councilmember A. Katz. The motion was approved
by the following vote:
council vote: Unanimously approved 7-0
12-B: HARDSHIP EXEMPTION/127 STRAND STREET: Presented was an
application for a hardship exemption from the Ocean Park interim
ordinance, Ordinance No. l416(CCS), by Edwin I. Feiqin for
property located at 127 Strand street. Discussion was held.
Edwin Feiqin, Nellie J. Marshal, Ron Mandelbaum, and Jay Stiehl
spoke in support of the exemption. Discussion was held.
Councilmember Finkel moved to grant the application for hardship
exemption and adopt the findings in support thereof, included in
the staff report dated November 24, 1987. Second by
Councilmember Reed. Discussion was held. The motion was
approved by the following vote:
council vote: Unanimously approved 7-0
12-C: DEVELOPMENT REVIEW APPEAL/lOa PICO BOULEVARD: An appeal
of a Planning Commission denial of Development Review 325, EIA
814, conditional Use Permit 417, to permit the construction of a
196-room hotel with associated meeting rooms, restaurants, health
club and 495 on-site parking spaces at 100 Pico Boulevard.
Applicant/Appellant: R.E. International; and a resolution
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certifying the Final Environmental Impact Report was continued to
December 1, 1987.
13-A: STREET SWEEPING: Presented was the request of John
Jurenka to address Council regarding street sweeping. Mr.
Jurenka spoke regarding the inability of street sweepers to clean
the streets properly due to illegally parked cars, and
enforcement of the no-parking regulations. Discussion was held.
Councilmember Reed urged staff to look into the lack of
regularity of street sweeping in neighborhoods with parking
problems, and examine what remedies might exist.
13-B: WESTSIDE CHILDREN'S MUSEUM: The request of Mary Jo
Stirling to address Council regarding the Wests ide Children's
Museum was continued to December 1, 1987.
l4-A: SOCIAL SERVICES COMMISSION: Presented was the matter of
appointment of a member to the Social services commission.
councilmember Jennings moved to continue the appointment to
December 1, 1987, to give more time to locate minority
candidates. Second by Councilmember A. Katz. The motion was
unanimously approved.
14-B: ELECTRONIC VOTING SYSTEM: Presented was the request of
Mayor Pro Tempore H. Katz to discuss installation of an
electronic voting system in the Council Chambers. Discussion was
held. Mayor Pro Tempore H. Katz introduced discussion and moved
to direct staff to return with a proposal for a better sound
system and possibly an electronic voting system. Second by
Councilmember Reed. During discussion, the maker and second
included in the motion suggestions to include in the proposal
provisions for the hearing impaired and a replacement of the
recording system. The motion was unanimously approved.
l4-C: SENIOR CITIZEN AUTOMOBILE INSURANCE DISCOUNTS: Presented
was the request of Councilmember A. Katz to discuss a course to
be offered by the City enabling senior citizens to receive
automobile insurance discounts. Discussion was held.
Councilmember A. Katz introduced discussion and moved to direct
staff to evaluate this program for Santa Monica residents.
Second by Councilmember Zane. The motion was unanimously
approved.
14-0: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT MEMBERS:
Presented was the request of Mayor Conn and councilmember Reed to
discuss participation in the selection of South Coast Air Quality
Management District members. Councilmember Reed introduced
discussion. Mayor Conn moved to designate Marvin Braude as the
Council's first choice for appointment to the vacant seat on the
South Coast Air Quality Management District. Second by
Councilmember Reed. The motion was unanimously approved.
14-E: METROPOLITAN WATER DISTRICT: The request of Mayor Conn to
discuss the resignation of Robert Gottlieb from the Metropolitan
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Water District and updated MWD policies was continued to December
1, 1987.
ADJOURNMENT: At 10:14 p.m., Counci1member Reed moved to adjourn
to 7:30 p.m., Tuesday, December 1, 1987, to consider Items 8-A,
8-C, l1-C, 11-0, 12-C, 13-B, 14-A, and 14-E. Second by
Counci1member Zane. The motion was unanimously approved.
ATTEST:
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~~J-
Donna R. Betancourt
Assistant City Clerk
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November 24, 1987