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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 12, 1987
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 7:10 p.m., on Tuesday, May 12, 1987, in the Council
Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember David B. Finkel
Councilmember William H. Jennings
Councilmember Alan S. Katz
(entered at 7:15 p.m.)
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
Acting 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 7: 11 p.m., Mayor Pro Tempore H. Katz moved to
adjourn to Closed Session to consider the following cases: In re
California Aviation, Inc., United states Bankruptcy Court Case
No. 86-23264-JD; Shapiro v. City of Santa Monica, Los Angeles
Superior Court Case No. C74433; Tallmadge v. City of Santa
Monica, United states District Court of Appeal Court Case No. CV
86-2717 TJH (MCX); Hogan v. City of Santa Monica, Santa Monica
Superior Court Case No. WEC 094 715; Lee, A. v. City of Santa
Monica, Los Angeles superior Court Case No. C 605 545; Santa
Monica Municipal Employees Association v. City of Santa Monica,
et al., Second District Court of Appeal Case No. B020140 and Los
Angeles Superior Court Case No. C 526708; and Claim of Kimberly
Bryon, Santa Monica Claim No. ASM 86-112. Second by
Councilmember Reed. At 7:35 p.m., Council reconvened with seven
members present. Mayor Conn announced that no actions were taken
at this time (see Item 11-D at end of minutes) .
Mayor Pro Tempore H. Katz led the assemblage in the pledge of
allegiance to the United States of America. Father Fredrick
Fenton, st. Augustine by-the-Sea Episcopal Church, offered the
invocation.
4-A: PHYSCIAL FITNESS/SPORTS MONTH: Mayor
proclamation designating Mayas Physical
month.
Conn read a
Fitness and Sports
4-B: SENIOR INFORMATION DAY: Mayor Conn read a Proclamation
designating May 30, 1987, as "Senior Information Day."
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5-A: DOWNZONING OF OCEAN PARK: Presented was the request of
Mayor Conn to discuss downzoning of Ocean Park, continued from
May 5, 1987. Mayor Pro Tempore H. Katz restated the action
Council took at the meeting of May 5: to send the concept of a
downzoning proposal to staff to look at for 60 days or
thereabouts, and report back to council whether the downzoning
has merit in total, in part, or not at all. At that point,
Council would decide on a process that would go through the
normal channels of environmental impacts, to the Planning
Commission, and the holding of public hearings, with the
stipulation that before any of that study started, or before
staff acted, and within the 50-day period, all property owners in
that area would be notified by mail. Mayor Conn moved to: (1)
Direct the City Attorney to draft an ordinance prohibiting
demolitions in Ocean Park except in the following cases, when
existing buildings will be replaced by: single family projects,
2 -uni t developments on parcels of 4,000 sq. ft. or greater,
3 -uni t developments on parcels of 6, 000 sq. ft. or greater,
4-unit developments on parcels of 7,500 sq. ft. or greater,
projects which conform to the submitted proposed zoning overlay,
(height shall not exceed two stories or 27 feet, and all projects
to be otherwise consistent with existing development
regulations), projects with applications deemed complete as of
the date of the first reading of the ordinance which shall be
July 28, all areas zoned R2r, and projects which are determined
to have hardship in accordance with procedures set forth in the
ordinance for expedited hearing; (2) direct staff to arrange a
public workshop on the subject of the proposed ordinance before
July 28; (3) direct staff to notice all property owners and
tenants in Ocean Park regarding the public meeting and the
ordinance; and (4) direct staff to bring back to council a plan
and timeline for conducting a study of the Ocean Park residential
zoning overlay. Second by Councilmember Zane. Discussion was
held. Councilmember Reed moved to waive the rules of the Council
to allow the members of the public requesting to speak to be
heard for 2 minutes each. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion failed by the following vote:
Council vote: Affirmative: councilmembers Jennings, H. Katz,
Reed
Negative: councilmembers Finkel, J~. Katz,
Zane, Mayor Conn
Discussion was held. Councilmember Finkel moved a substitute
motion to insert the words "and the desirability" in part (2) of
the main motion [restatement of part (2) with all amendments is
made below]. Mayor Conn accepted this as an amendment to the
main motion. Discussion was held. Councilmember Finkel moved a
second amendment to the motion, to add the words "and the more
general issue of the Ocean Park residential zoning overlay" to
part (2). Mayor Conn accepted the amendment. Discussion was
held. Councilmember Jennings moved an amendment to part (2) of
the motion that "public workshop" should be replaced by "public
hearing before the City Council.1I Mayor Conn accepted this as a
friendly amendment, and asked staff to set a date for the
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hearing. [Part (2) of the motion, as amended, now reads:
"Direct staff to arrange a public hearing before the city Council
on the subject and the desirability of the above proposed
ordinance and the more general issue of the Ocean Park
residential zoning overlay before July 28."] Mayor Pro Tempore
H. Katz moved that part (1) of the motion be amended to read:
"Direct the City Attorney to draft a 'proposed' ordinance...."
Mayor Conn accepted the amendment. Discussion was held.
Councilmember Jennings clarified that the property owners and
tenants will be notified of both public hearings, the one on the
date to be set by staff and the one on July 28. The main motion,
as amended, was approved by the following vote:
council vote: Affirmative: Councilmembers Finkel, Jennings,
A. Katz, H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
Councilmember Reed asked that the record reflect her no vote is
because she believes that this is far too broad in scope to
undertake in the manner in which it has been proposed.
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 A. Katz
moved to approved the Consent Calendar with the exception of
Items 6-J and 6-K, reading resolutions by titles 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 APROVAL:
1987, were approved.
The City council minutes of April 28,
6-B: PUBLIC WORKS WEEK: Resolution No. 7426(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING MAY 17-23, 1987 PUBLIC WORKS WEEK," was adopted.
6-C: KCET: Resolution No. 7427(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA OPPOSING CHANNEL
REALIGNMENT OF KCET,lI was adopted.
6-0: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7428 (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," was adopted,
setting a public hearing for June 9, 1987, on the assessment of
costs to repair damaged sidewalks, driveways, and curbs on
various streets (SR-87-99).
6-E: STREETLIGHT CONSTRUCTION: Resolution No. 7429 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER
OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
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CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS INTENTION TO
CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON VARIOUS CITY
STREETS AS SHOWN ON CITY DRAWING NO. 5364, WITHIN THE CITY OF
SANTA MONICA," was adopted, thereby accepting streetlight
petitions for 5th street from Wilshire to Washington, Stanford
from Wilshire to Washington, and Marguerita from 4th street to
First Court; notifying property owners of the proposed
installation of streetlights; setting a public hearing for June
9, 1987; and declaring the city I s intention to assess property
owners for costs and issue bonds as security for unpaid
assessments.
6-F: STREET RESURFACING: Resolution No. 7430(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING PUBLIC HEARING FOR ANY PROTESTS OR OBJECTIONS TO THE
CONFIRMATION OF ASSESSMENTS FOR GUTTER INSTALLATION AND STREET
RESURFACING ON WILSHIRE BOULEVARD BETWEEN 21ST STREET AND
CENTINELA," was adopted, setting a public hearing for June 9,
1987.
6-G: SALARY RATE/CLASSIFICATION SPECIFICATION: Resolution No.
7431 (CCS ) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE POSITION OF
AIRPORT OPERATIONS AND FACILITIES SUPERINTENDENT," was adopted,
thereby establishing a salary rate for the position of Airport
Operations and Facilities Superintendent and approving the
classification specification.
6-H: TREATED LUMBER: A recommendation was approved to reject
Bid No. 2100 from Southland Lumber and Supply Co., Inc. and
readvertise for the supply and delivery of treated lumber.
6-1: BUS YARD REMODELING: A recommendation was approved to
award Contract No. 4924 (CCS) to Kevin Kraus in the amount of
$24,925 for the construction and remodel of the tool cart room
and Administrative Services office at the Bus Yards and authorize
the City Engineer to issue any necessary change orders to
complete additional work.
END OF CONSENT CALENDAR
6-J: BUDGET STUDY SESSIONS: Presented was a recommendation to
set May 19 and May 20 at 6:00 p.m. as Budget study Sessions for
the FY 87-88 Proposed Budget. Discussion was held.
Councilmember Jennings moved to approve the staff recommendation.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
6-K: RENTAL HOUSING CODE ENFORCEMENT: Presented was a
recommendation to receive and file the annual report on
compliance with California Revenue and Taxation Code Section
17274 regarding rental housing code enforcement for Calendar Year
1986. Discussion was held. Councilmember A. Katz moved to
approve the staff recommendation. Second by councilmember Reed.
The motion was unanimously approved.
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7-A: GUTTER/STREET RESURFACING ASSESSMENTS: Presented was a
staff report and a public hearing for the confirmation of gutter
construction and street resurfacing assessments for 23rd street
between Santa Monica and Broadway; Schader Drive from Cloverfield
to the West end: pico between Appian Way and 4th Street: Ocean
Front from Pico to Bay; Lincoln from Montana to San vicente; and
19th Street between wil shire and Montana . At 9 : 12 p . m. I the
public hearing was declared opened. Louis Efros requested that I
Council consider waiving the assessment on the side of his
properties previously assessed. There being no one else wishing
to be heard, Councilmember Reed moved to close the public hearing
and acknowledge the protest. Second by Councilmember Zane. The
motion was unanimously approved. Councilmember Reed moved to
approve the staff recommendation I thereby adopting Resolution No.
7432 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND
CONFIRMING ASSESSMENTS FOR STREET RESURFACING AND GUTTER
CONSTRUCTION ON VARIOUS CITY STREETS/" reading by title only and
waiving further reading thereof, adding direction to staff to
certify the residental rent control status of the property that
Mr. Efros described, and if that is confirmed, deduct from the
referenced assessment the amount that Mr. Scholl indicated
(approximately $700). Second by Mayor Pro Tempore H. Katz. The
motion was approved by the following vote:
council vote: Unanimously approved 7-0
II-A: PARKING METERS/DOWNTOWN PARKING STRUCTURES: Presented was
a staff report recommending conceptual approval of the
installation of parking meters in downtown parking structures I
reduction of the Mall Maintenance Fee, and the appropriation of
$736,950 for the installation of parking meters. Councilmember
Finkel withdrew from participation in the discussion and vote due
to a conflict of interest. Discussion was held. The following
members of the publ ic spoke in support of the staff
recommendation: Tom Carroll, Laurie Heyman, Ed Wenner, Ed
Flores, Jacki Tadich, Bill Janssl Gwen Pentecost, and Vilate
Stewart. The following spoke in opposition: Fay Kessler, Sylvia
Shniad, David Shniad, Daniel Cohen, and Karl Schober. Mayor Pro
Tempore H. Katz moved to hear from a member of the pUblic who
turned in a late chit. Second by Councilmember Zane. The motion
was approved. Jack Baptista spoke in opposition to the staff
recommendation. It was moved, seconded, and approved to hear
another late speaker. Dolores Press spoke in opposition.
Discussion was held. Mayor Pro Tempore H. Katz moved to approve
the staff recommendation I adding a sunset rule, that if this is
beginning to work and if the fees aren I t needed as much, the
meters will be partially or totally eliminated. Second by
Councilmember Zane. Discussion was held. councilmember A. Katz
moved to extend the meeting to 11:45 p.m. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
Councilmember Zane moved a substitute motion to refer the matter
back to staff for further evaluation and return to ccmncil at the
earliest appropriate occasion. Second by Councilmember A. Katz.
The motion was approved by a vote of 6 to 1, Councilmemher Finkel
abstaining.
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11-B: PREFERENTIAL PARKING: Presented was a staff report on the
status of preferential parking and a recommendation to direct the
City Attorney to prepare an ordinance to establish a preferential
parking district on 17th, 18th, 19th, and 20th streets between
Wilshire and California and to instruct the Planning staff to
prepare an initial study and negative declaration for the
proposed expansion of Zone B. Member of the public Nancy Briggs
spoke in support of the staff recommendation. Russ Barnard
expressed concern about the preferential parking procedures as
they relate to businesses. Discussion was held. Councilmember
Reed moved to approve the staff recommendation. Second by
Councilmember A. Katz. The motion was approved by the following
vote:
Council vote: Affirmative: Counci1members Finkel, Jennings,
A. Katz, Reed, Mayor Conn
Negative:
Mayor Pro Tempore H. Katz
Absent:
Councilmember Zane
Mayor Pro Tempore H. Katz requested that the record reflect his
no vote is because he believes preferential parking is not a
long-range solution but strictly a short-fix.
11-C: MAIN LIBRARY REMODEL: Presented was a staff report
recommending that Contract No. 4925(CCS) be awarded to Cavecche
Engineering and Construction Co., Inc., in the amount of $838,065
to remodel the Main Library. Discussion was held. Mayor Pro
Tempore H. Katz moved to approve the staff recommendation.
Second by Councilmember A. Katz. The motion was approved by the
following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Zane
11-D: CLOSED SESSION:
Considered later in the evening.
13-A: HISPANIC THEATER/ARTS: Presented was the request of Cesar
Remon to address Council regarding promoting Hispanic theater and
arts in Santa Monica. Mr. Remon, on behalf of the Panamerican
Theatrical Association, requested assistance in finding adequate
facilities to conduct classes in theater, drama, and manual arts
for Hispanics in the City. Discussion was held.
13-B: CRIME PREVENTION PROGRAM: Presented was the request of
Lynne Eastman to address Council regarding programs and
activities of the city's Crime Prevention Program. Ms. Eastman
gave an update on the progress of the Crime Prevention Action
Committee.
13-C: INTERDEPENDENCE PROGRAM: The request of Jack Reed to
address Council regarding the "Interdependence Program" with the
Los Angeles City schools was continued to May 26, 1987, at the
request of Mr. Reed.
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l4-A: SECTION 8 LANDLORDS/HOUSING COMMISSION: Presented was the
request of Councilmember Reed to direct staff to prepare a report
regarding Section 8 Landlords and the Housing Commission.
Councilmember Reed introduced discussion and moved to direct
staff to prepare a short analysis outlining the anomaly in the
federal regulatory system which works against landlords serving
on the commissions but requires that tenants serve on them, and
suggest to our federal legislators that they look into this with I
an eye toward getting it changed if they feel that is
appropriate. Second by Councilmember A. Katz. Discussion was
held. The maker and second of the motion included Councilmember
Finkel's suggestion that staff report back to Council regarding
the legislative history that gave rise to the federal regulations
before following through with communication to the federal
representatives. The motion was unanimously approved.
Councilmember Reed moved to extend the meeting to 12:15 a.m. The
motion was duly seconded and unanimously approved.
14-B: TRANSPORT OF WHALES: Presented was the request of
Councilmember Reed to discuss support for SB 1231 regarding the
transport of whales. Councilmember Reed introduced discussion
and moved that Council support the efforts of the City of Rancho
Palos Verdes and endorse and support SB 1231, which would
prohibit the transport of live killer whales out of the state
without first obtaining a permit from the Fish and Game
Commission, and communicate Council's position to the appropriate
legislators and our lobbyists. Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.
l4-C: E-MAIL LINKAGE/WEST HOLLYWOOD: Presented was the request
of Mayor Pro Tempore H. Katz and Councilmember Finkel to discuss
electronic mail linkage with West Hollywood. councilmember
Finkel introduced discussion. No action was taken.
14-0: SANTA MONICA MUSEUM OF ART: Presented was the request of
Mayor Pro Tempore H. Katz to discuss possible action regarding
the Sher Development Project (Santa Monica Museum of Art). Based
on a report by staff that no significant changes have occurred in
the design of the project, no action was taken.
14-E: CONSTRUCTION ORDINANCE: Presented was the request of
Councilmember Reed to discuss amending the ordinance regarding
hours of construction activity. Councilmember Reed opened
discussion and moved to direct the ci ty Attorney to draft an
amendment to the construction ordinance requiring that signs
stating allowable hours for construction activity be posted at
all construction sites. Second by Mayor Conn. The motion was
unanimously approved.
14-F: DISTRICT ELECTIONS: Presented was the requE~st of Mayor
Conn to discuss AB 2190 regarding requirements for district
elections. Mayor Conn opened discussion and movE~d to go on
record as opposing AB 1290 (Chacon), which would impose a
state-mandated requirement for district elections of Council
members in cities with a population of 25,000 or more. During
discussion, it was clarified that Council is not taking a
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position on the merits of districting but rather on the fact that
the legislature is considering amending the charter without
letting the public vote on it. The motion was duly seconded and
unanimously approved.
15. PUBLIC INPUT: Art Felesky, representing the Seventh Day
Adventist Church at 19th and Arizona, spoke regarding rezoning of
a lot for parking for the church.
CLOSED SESSION: Presented was the 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 12:00 a.m., Council adjourned to Closed Session to
consider the following cases: In re California Aviation, Inc.,
United states Bankruptcy Court Case No. 86-23264-JD; Shapiro v.
city of Santa Monica, Los Angeles Superior Court Case No. C74433i
Tallmadge v. city of Santa Monica, United states District Court
of Appeal court Case No. CV 86-2717 TJH (MCX); Hogan v. City of
Santa Monica, Hogan v. city of Santa Monica, Santa Monica
Superior Court Case No. WEC 094 715; Lee, A. v. city of Santa
Monica, Los Angeles Superior court Case No. C 605 545; Santa
Monica Municipal Employees Association v. city of Santa Monica,
et al., Second District Court of Appeal Case No. B020l40 and Los
Angeles superior Court Case No. C 526708; and Claim of Kimberly
Bryon, Santa Monica Claim No. ASM 86-112. At 12:20 a.m., Council
reconvened with six members present, Councilmember Zane absent.
Mayor Conn announced that no actions were taken.
ADJOURNMENT: At 12:21 a.m., the meeting was adjourned in memory
of Donald wayland.
~(t.
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Donna
Acting
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May 12, 1987