M-11/10/1987
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 10, 1987
A meeting of the Santa Monica city Council was called to order by
Mayor Conn at 6:14 p.m., on Tuesday, November 10, 1987, in the
Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herbert Katz
Councilmember David B. Finkel
councilmember William H. Jennings
Councilmember Alan S. Katz
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: City Manager John Jalili
Assistant City Clerk Donna R. Betancourt
SS-l: USER FEES: A study Session was held for the purpose of
reviewing a report on user fees, and giving a presentation on
sewer fees and proposed increases. Richard L. Pearl,
representing David M. Griffith and Associates, the firm under
contract to conduct the user fee study, presented an overview of
the study. Discussion was held.
ADJOURNMENT OF STUDY SESSION: At 7:20 p.m., a motion was made,
seconded, and approved to adjourn the Study Session.
CLOSED SESSION: Held later in the evening.
REGULAR CITY COUNCIL MEETING:
A regular meeting of the Santa Monica City council was called to
order at 7:30 p.m. on Tuesday, November 10, 1987, in the Council
Chambers. Councilmember Finkel led the assemblage in the Pledge
of Allegiance to the United States of America.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember 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
Assistant City Clerk Donna R. Betancourt
HOUSING AUTHORITY MEETING
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A special meeting of the Housing Authority was called to order by
Chairperson Conn at 7:34 p.m.
Roll Call: Present: Chairperson James P. Conn
Chairperson Pro Tempore Herbert Katz
Authority Member David B. Finkel
Authority Member William H. Jennings
Authority Member Alan S. Katz
Authority Member Christine E. Reed
Authority Member Dennis Zane
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Assistant city Clerk Donna R. Betancourt
HA-l: SECTION 8 REHABILITATION PROGRAM: Presented was a
recommendation to approve an amendment to the Cooperation
Agreement by and between the Housing Authority of the City of
Santa Monica and the Housing Authority of Los Angeles County for
the Section 8 Moderate Rehabilitation Program. Member of the
pUblic Joy Fullmer expressed concern regarding the figures used
by the County to determine rents. Authority Member Zane moved to
approve the staff recommendation, thereby authorizing the
Executive Director to execute an amendment to the Cooperation
Agreement to authorize contract authority for 100 units under the
Section 8 Moderate Rehabilitation Program, and to execute any and
all documents necessary to submit an appl ication for funding
under the Section 8 Moderate Rehabilitation Program. Second by
Chairperson Pro Tempore H. Katz. The motion was approved by the
following vote:
Authority vote: unanimously approved 7-0
ADJOURNMENT:
adjourned.
At 7: 40 p.m., the Housing Authority meeting was
CITY COUNCIL MEETING RECONVENED
4-A: BOARDS/COMMISSIONS: The Assistant City Clerk announced
that applications are invited to fill a vacancy on the social
Services Commission.
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. councilmember Reed
moved to approve the Consent Calendar with the exception of Item
6-E, reading resolutions 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: Unanimously approved 7-0
6-A: MINUTES APPROVAL:
1987, were approved.
City council minutes of October 21,
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6- B: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS : Resolution No.
7515 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR
OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-87-103) II
was adopted, thereby setting a public hearing for December 8,
1987, on THE assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets.
6-C: SALARY/PERSONNEL OPERATIONS MANAGER: Resol ution No.
7516 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE
CLASSIFICATION OF PERSONNEL OPERATIONS MANAGER" was adopted,
thereby establishing the salary rate for Personnel Operations
Manager and approving the new classification specification.
6-D: AIRPORT RECONSTRUCTION IMPROVEMENTS: A recommendation to
approve the filing of a grant preapplication with the Federal
Aviation Administration for reconstruction improvements at the
Airport was approved, thereby providing for the reconstruction of
approximately 1000 feet of south side taxiway, the construction
of blast fences, and associated drainage and obstruction
lighting.
6-F: CALIFORNIA LIBRARY SERVICES ACT: A recommendation to
participate in the Universal Borrowing provisions of the
California Library Services Act was approved, thereby extending
direct loan privileges to eligible borrowers from all public
libraries in California.
6-G: HAZARDOUS WASTE REMOVAL: Bid No. 2135 was awarded to oil
Process Company at specified unit prices and a one-year renewal
option to provide labor and materials to remove hazardous waste
materials for the Transportation Maintenance Division.
6-H: TANDEM ROLLER: A recommendation to reject Bid No. 2141 in
that it exceeds the 1987/88 budgeted amount and direct staff to
rebid the tandem roller requirement for streets Division was
approved.
6-I: TREE TRIMMING AND ROOT PRUNING: Bid No. 2147 was awarded
to Travers Tree Service, Inc., at specified unit prices to trim
and root-prune Ficus trees for the Recreation and Parks
Department.
6-J: VIDEO POST-PRODUCTION SYSTEM: Bid No. 2133 was awarded to
Hoffman Video Systems in the amount of $138,855.12 to furnish,
deliver, and install a video post-production system for the Cable
Television Administration, City Manager's Office.
6-K: ANTI-GRIDLOCK ACT OF 1987: A recommendation that no
additional local ordinances be adopted to implement the
Anti-Gridlock Act of 1987, inasmuch as vehicle Vehicle Code
Section 22526 and SMMC sections 3328 and 3363 authorize the City
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to post anti-gridlock signs at appropriate intersections, was
approved.
6-L: CONVENTION AND VISITORS BUREAU FUNDING: A recommendation
to authorize the City Manager to negotiate and execute an
amendment to Contract No. 4581(CCS) with the Santa Monica
Convention and Visitors Bureau was approved, thereby increasing
the city I s contribution to the Convention and Visitors Bureau
from an amount equal to 12.5% of forecast Transient Occupancy Tax
revenues to 15% of forecast revenues effective October 1, 1987
(City's contribution increasing to 17% effective July I, 1989);
adjusting the amount paid to the Bureau upward or downward based
on a review of actual reciepts after the end of each fiscal year;
and specifying that the amount paid to the Bureau in anyone year
will not exceed $750,000 as adjusted by a CPI factor.
END OF CONSENT CALENDAR
6-E: FY 1986-87 COMPREHENSIVE ANNUAL FINANCIAL REPORT:
Presented was a recommendation to receive and file the City's
Comprehensive Annual Financial Report for Fiscal Year 1986-87, as
required by City Charter section 1516. Discussion was held.
Councilmember Zane moved to approve the staff recommendation.
Second by Councilmember Reed. The motion was unanimously
approved.
8-A: REPLICA FIREARMS: Presented was a staff report
transmitting an ordinance for introduction and first reading
adding Section 3512 to the Municipal Code to prohibit the sale of
replica firearms, continued from October 27, 1987. Discussion
was held. The public hearing was declared opened at 8:10 p.m.
Joy Fullmer and Jack Arian spoke in opposition to the proposed
ordinance; Jerry Rubin and Michele Phillips spoke in its favor.
Mayor Pro Tempore H. Katz moved to hear from a member of the
public submitting a late request to speak. Second by
Councilmember Finkel. The motion was unanimously approved. Ben
Davis spoke in opposition to the proposed ordinance. There being
no one else wiShing to be heard, the public hearing was declared
closed. Councilmernber A. Katz moved to introduce for first
reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL
OF THE 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 Councilmernber Finkel. Discussion was held. The motion
was approved by the following vote:
Council vote: Affirmative: councilmembers Finkel, Jennings,
A. Katz, H. Katz, Zane, Mayor Conn
Negative: Councilmernber Reed
Councilmernber Reed requested that the record reflect her no vote
is because she does not believe that an out-and-out sales ban
accoropl ishes the intended purpose, which is to try to diminish
the number and impact of replica firearms in the City.
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councilmember A. Katz moved to inform the state Legislature,
Congressman Mel Levine, the League of California cities, and the
County Board of supervisors of the new ordinance, and encourage
them to act likewise. Second by Mayor Pro Tempore H. Katz. The
maker and second incorporated into the motion Councilmember
Jennings' suggestion that a resolution be carried forward at the
next annual conference of the League of California Cities, and
adding the Independent cities Association and SCAG (Southern
California Association of Governments) as well. Councilmember A.
Katz noted that the letter writing-effort is contingent upon
passage of the ordinance on second reading. The motion was
unanimously approved. Councilmember Reed moved to direct staff
to report to the Council on the number of gun-based arcade games
on the Santa Monica Pier. Discussion was held. The motion died
for lack of a second.
8-B: ALCOHOL-SERVING BUSINESSES: Presented was a staff report
transmitting an ordinance for introduction and first reading
extending the expiration date of Ordinance No. 1319(CCS), which
established an interim conditional use permit process for
alCOhOl-serving businesses. The public hearing was declared
opened at 8:43 p.m. There being no one wishing to be heard, the
public hearing was declared closed. Councilmember Zane moved to
introduce for first reading an ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE
EXPIRATION DATE OF ORDINANCE NUMBER 1319(CCS)," reading by title
only and waiving further reading thereof. Second by
Councilmember A. Katz. Discussion was held. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
In response to Councilmember Reed's comments regarding the long
delay in bringing forward the new Zoning Ordinance, Councilmember
Finkel stated for the record that the City has an undermanned
Planning Staff, it does not have a Planning Director, and it has
been living with this state of affairs for a long time; it is Mr.
Finkel's understanding that these staff members will be aboard in
January 1988.
8-C: HOTEL DEVELOPMENT ON MAIN STREET: Presented was an
ordinance for adoption and second reading amending the text of
the Comprehensive Land Use Ordinance to allow hotels as a
condi tionally permitted use in certain specified areas of the
"CM" Main street Special Commercial District, introduced October
27, 1987. Mayor Pro Tempore H. Katz moved to adopt Ordinance No.
1425 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE
ORDINANCE BY AMENDING SECTION 9119B OF THE SANTA MONICA MUNICIPAL
CODE TO ALLOW HOTELS AS A CONDITIONALLY PERMITTED USE IN CERTAIN
SPECIFIED AREAS OF THE "CM" MAIN STREET SPECIAL COMMERCIAL
DISTRICT," reading by title only and waiving further reading
thereof, thereby permitting hotels on a portion of Main Street
between Pier Avenue and the South limits. Second by
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Councilmember Reed. Discussion was held.
approved by the following vote:
The motion was
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
H. Katz, Reed, Mayor Conn
Negative: councilmembers Finkel and Zane
councilmember Zane requested the record to reflect that he thinks
this action is contrary to a commitment the City made to the
neighbors of Main street in 1979, and he deeply regrets the
Council taking this action.
IO-A: CITY LANDMARKS: Presented was a recommendation to direct
the city Attorney to prepare an amendment to Municipal Code
Sections 9611.D and 96I2.L of the Landmarks Ordinance to protect
designated City landmarks from demolition, continued from Item
6-N on October 27, 1987. Discussion was held. Councilmember
Zane moved to hear from members of the public. The motion died
for lack of a second since if approved, the item will return as
an ordinance for which a public hearing will be held.
Councilmember Reed moved to direct staff to prepare the ordinance
amendments for the Landmarks law and return to the Council with
the information which the City Attorney indicated he intends to
bring (regarding economic hardship) and the city Attorney's
recommendations on the recommendation of the Landmark's
Commission. Second by Councilmember Zane. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
II-A: SANTA MONICA COLLEGE/PREFERENTIAL PARKING ZONE: Presented
was a recommendation to instruct the city Attorney to prepare an
ordinance establishing a preferential parking zone around Santa
Monica College and to direct staff to prepare an environmental
analysis. Discussion was held. Upon the advice of the City
Attorney, Mayor Pro Tempore H. Katz withdrew from the discussion
and vote due to a possible conflict of interest. The following
members of the public spoke in favor of the proposed ordinance:
Lynn Washington, Sanford Berlove, Lee Morris, Frank Bourgholtzer,
Sheila Williams, Phyllis Kaspars, Lorraine Simonton, Gerald
Kissler, Harold Z. Buck, Andrew Walker, Ani ta walker, Nancy
Dwyer, Dennis Dwyer, Bart Cannistra, Jim Shannahan, Phil Harnage,
Nathaniel Greenberg, Sharon Krimmel, Arnold Lessing, John Moody,
Mary Coulson, Maria Flores, Dennis Orlando, Tare Carreon, Jack
Campbell, Cheri Dickinson, Richard Dickinson, Angela de Mott, Jon
Kaunetz, Henry Ben-Zvi, Dale Fulkerson, Daniel COIner, Heinz
Ziegler, Dayle Squire, David Thompson, Jay Perini, Don Murchie,
Linda Vaughan, Carol Kurtz, Bill Putnam, Duke Kelso and Regula
Ziegler. The following spoke in opposition: Carole Currey, James
Bambrick, Ruth Logan, David Melnick, John Toivonen, Randall
Lawson, June steel, Lee Vazquez, and Morry Hermon. Betsy
Hiteshew spoke in support of a partnership between the City and
College to alleviate the parking problem~ Ron Guercio expressed
concern regarding the merchants on Pico and Ocean Park Boulevard,
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November 10, 1987
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and also suggested changing the hours of preferential parking on
nights of sporting events. Councilmember Reed moved to hear from
members of the public submitting late requests to speak. Second
by Councilmember Zane. The motion was unanimously approved.
Councilmember A. Katz moved to extend the meeting to midnight.
The motion was seconded and unanimously approved. Mark Ebert,
Joe Hartnett and Matt Vaughan spoke in support of the proposed
ordinance.
Discussion was held. Dr. Richard L. Moore, President of the
Santa Monica Community College District, was present to respond
to questions on behalf of the College. Councilmember Zane moved
to approve the staff recommendation, thereby instructing the City
Attorney to prepare an ordinance establishing a "No Parking, 8
a. m. to 8 p. m., Weekday" preferential parking zone in the area
bounded by 14th Street, pico Boulevard, 17th Street, Delaware
Avenue, 20th Street, Pico Boulevard, 23rd street, Pearl street,
21st street, Ocean Park Boulevard, and 14th Street~ instructing
staff to continue working with Santa Monica College staff and
area residents to implement the other elements of the parking
program as described in the staff report dated November 10, 1987;
and instructing Planning staff to undertake the necessary
environmental analysis of the proposed district as well as the 30
block study area (detailed in the staff report); with the
additions that Council encourage the development of plans to
encourage bicycle use, and to direct staff to include for further
study the blocks of Grant and Pearl streets between 14th and
Euclid Streets for the earliest possible inclusion in this
district. Second by Councilmember A. Katz. Councilmember Reed
moved an amendment to include investigating changing the times
for preferential parking to 5:00 p.m. on Friday, in recognition
of the fact that there are no night classes on Friday. The
amendment was accepted as friendly by the maker and the second,
with direction to staff to comment on possible enforcement
problems. During discussion, the maker and second incorporated
into the motion Councilmember Reed's suggestion that staff study
changing the time parameters (7:30 a.m. to 7:30 p.m. except on
Friday, which would be 7:30 a.m. to 5:00 p.m.) in the EIR
examination. Discussion was held. The motion as amended was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
A. Katz, Reed, Zane, Mayor Conn
Abstain: Mayor Pro Tempore H. Katz
11-B: LAND USE PLAN OF THE LOCAL PROGRAM: Presented was a
recommendation to adopt a resolution adopting the Land Use Plan
of the Local Coastal Program as amended by the California Coastal
Commission, with certain modifications. The public hearing was
declared opened. The item was continued to November 17, 1987.
11-C: MOTEL VOUCHERS FOR HOMELESS: A recommendation to
authorize the City Manager to negotiate and execute an agreement
with Los Angeles County to receive $9,713 in county funds for
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motel vouchers for homeless persons during cold weather and to
approve related technical budget revisions was continued to
November 17, 1987.
11-0: JULY 4TH FIREWORKS: A recommendation to continue holding
the 4th of July fireworks at dawn was continued to November 17,
1987.
11-E: PRESIDENTIAL CANDIDATE FORUMS: A discussion regarding
proposed presidential candidate forums was continued to November
17, 1987.
11-F: CLOSED SESSION: Held later in the evening.
13-A: BICYCLE PATHS: The request of Nurit Whitney to address
council requesting that joggers and walkers not use bicycle paths
was continued to November 17, 1987.
13-B: STREET LIGHT INSTALLATION/5TH BETWEEN WILSHIRE AND
WASHINGTON: The request of Andrew M. Weingarten to address
Council regarding the delay in the installation of street lights
on 5th street between Wilshire Boulevard and Washington Avenue
was continued to November 17, 1987.
14-A: PIER RESTORATION CORPORATION: The appointment of members
to the pier Restoration Corporation was continued to November 17,
1987.
14-B: SUNDAY PARKING/DOWNTOWN GARAGES: The request of
Councilmember Reed to discuss return of free Sunday parking for
downtown parking garages was continued to November 17, 1987.
14-C: COUNCIL CHAMBERS USE: The request of Mayor Conn to
discuss waiving the fee for use of the Council Chambers on
December 4, 1987, by the State of California, Coastal Conservancy
was continued to November 17, 1987.
14-0: CITY PERMIT APPLICATIONS: The request of Mayor Pro
Tempore H. Katz to discuss directing the City Attorney to amend
Municipal Code Section 4603 to allow simultaneous processing of
Rent Control Board and other City permit applications was
continued to November 17, 1987.
15. PUBLIC INPUT: continued to November 17, 1987.
I1-F: 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 12:20 a.m., Councilmember Reed moved
to adjourn to Closed Session to consider the following cases: J.
Johnson v. City of Santa Monica, Santa Monica Superior Court Case
No. WEe 084 404; and Tallmadge v. city of Santa Monica, Federal
Court Case No. 86 2717 TJH (MCX), and to continue the meeting to
1:00 a.m. Second by Councilmember A. Katz. The motion was
unanimously approved. At 12: 40 a. m., Council reconvened wi th
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four members present, Councilmembers Jennings, H. Katz, and Zane
absent. It was moved and duly seconded to approve a settlement
of $125,000 in the case of Johnson v. city of Santa Monica. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz,
Reed, Mayor Conn
Absent: Councilmembers Jennings, H. Katz,
Zane
ADJOURNMENT: At 12:42 a.m. it was moved, seconded, and approved
to adjourn to 7:30 p.m., Tuesday, November 17, 1987, to consider
Items 11-B, 11-C, 11-D, 11-E, 13-A, 13-B, 14-A, 14-B, 14-C, 14-D
and 15.
ATTEST: GJ
'1 A-, {73- 4~ d
Donna R. Betancourt
Assistant city Clerk
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November 10, 1987