M-12/8/1987 (2)
108
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 8, 1987
A meeting of the santa Monica City Council was called to order by
Mayor Conn at 7:32 p.m., on Tuesday, December 8, 1987, in the
Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Counci1member David B. Finkel
Councilmember Alan S. Katz
(entered at 7:46 p.m.)
Councilmember William H. Jennings
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: city Manager John Jalili
city Attorney Robert M. Myers
City Clerk Ann M. Shore
Mayor James Conn led the assemblage in the Pledge of Allegiance
to the United States of America. Inspiration was provided by the
Samohi Madrigal singers.
CLOSED SESSION: Not held at this time. (See Item 11-A)
5-A: METROPOLITAN WATER DISTRICT: Presented was the request of
Mayor Conn to discuss resignation of city Representative Robert
Gottlieb from the Metropolitan Water District and an update of
District policies, continued from December 1, 1987. Mr. Gottlieb
spoke regarding his upcoming resignation and presented
recommendations for changes to District procedures. Mayor Conn
moved to ask staff to review and evaluate the suggestions made by
Mr. Gottlieb and to report, as an 11 item, some recommendations
of where we might need to press for legal changes in order to
implement some of the suggestions. Second by Councilmember Reed.
The motion was unanimously approved. Councilmember Reed moved to
direct the City Clerk to advertise the vacancy on the
Metropolitan Water District. Second by Councilmember A. Katz.
The motion was unanimously approved.
REDEVELOPMENT AGENCY SPECIAL MEETING
Roll Call: Present: Chairperson James P. Conn
Chairperson Pro Tempore Herbert Katz
Agency Member David B. Finkel
Agency Member William H. Jennings
Agency Member Alan S. Katz
Agency Member Christine E. Reed
Agency Member Dennis Zane
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Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Ann M. Shore
RA-1: MINUTES APPROVAL: The Redevelopment Agency minutes of
July 14 and August 11, 1987, were presented for approval.
Counci1member Reed moved to approve the minutes as written.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
RA-2: REDEVELOPMENT AGENCY ANNUAL REPORT: Presented was a staff
report recommending approval of the Redevelopment Agency 1986-87
Annual Report and directing the Executive Director to transmi t
the report to the California Department of Housing and community
Development. Counci1member Reed moved to approve the report and
direct the Executi ve Director to transmi t the report to the
California Department of Housing and Community Development.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
ADJOURNMENT: There being no objection, the Redevelopment Agency
meeting was adjourned at 8:13 p.m.
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 with the exception of
items 6-A, 6-C, and 6-M, reading ordinances and resolutions by
title only and waiving further reading thereof. Second by
Councilmember A. Katz. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
6-B: WINE/SPIRIT COOLER CONTAINERS: Ordinance No. l428(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 2A TO ARTICLE V OF THE SANTA MONICA
MUNICIPAL CODE TO ESTABLISH A REDEMPTION VALUE FOR WINE COOLER
AND SPIRIT COOLER CONTAINERS", thereby establishing a refund
value of $.05 for wine and spirit cooler containers, was adopted,
having been introduced December 1, 1987.
6-D: STREET VACATION: Resolution No. 7528 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF A
CERTAIN STREET KNOWN AS TWENTY-FOURTH STREET BETWEEN SANTA MONICA
BOULEVARD AND SANTA MONICA PLACE SOUTH, IN THE CITY OF SANTA
MONICA, CALIFORNIA", thereby setting a public hearing for January
12, 1988, was approved.
6-E: GUTTER CONSTRUCTION/STREET RESURFACING: Resolution No.
7529 (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 PUBLIC CONVENIENCE AND NECESSITY
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REQUIRE THE CONSTRUCTION OF CONCRETE GUTTERS AND APPURTENANT WORK
ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 5691 IN THE
CITY OF SANTA MONICA", thereby setting a public hearing for
January 12, 1988, was approved.
6-F: FINAL PARCEL MAP/1723 4TH STREET: Resolution No. 7530(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO.
18134", thereby approving Final Parcel Map 18134 creating a
single parcel at 1723 4th Street, was approved.
6-G: DEFERRED COMPENSATION PLAN: Resolution No. 7531(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING A DEFERRED COMPENSATION PROVIDER FOR THE CITY'S
DEFERRED COMPENSATION PLAN", was approved, thereby authorizing
the City Manager to negotiate and implement Contract No.
5046 (CCS), an agreement with Great Western Bank to continue to
provide the deferred compensation plan for City employees.
6-H: CAB/CHASSIS/SPECIAL BODY FOR TRAFFIC OPERATIONS DIVISION:
Bid No. 2150 was awarded to Bauer Coatings in the amount of
$39,985.06 to furnish and deliver one cab and chassis with
special body for Traffic Operations Division and the transfer of
$ 3 6, 586. 34 was approved from the General fund to expenditure
account number 01-500-416-000-806.
6-1: FITTINGS FOR WATER DIVISION: Bid No. 2156 was awarded to
James Jones Company at specified unit prices to furnish and
deliver brass fittings for the Water Division.
6-J: PAVEMENT ROLLER FOR STREETS DIVISION: Bid No. 2158 was
awarded to Suppliers, Inc., in the amount of $21,029.15 for a
used articulated pavement roller for the Streets Division.
6-K: JANITORIAL SUPPLIES FOR VARIOUS DEPARTMENTS: Bid No. 2159
was awarded to Gale Supply Company at specified unit prices for
miscellaneous janitorial supplies for various departments.
6-L: CABLE TELEVISION: A recommendation was approved to take
no action against Century Southwest Cable Television, Inc., to
enforce the expiration or termination of the franchise until
February 15, 1988.
6-N: AIRPORT ADMINISTRATION BUILDING AND HANGAR: A
recommendation was approved to increase by $575,000 the amount
authorized in Contract No. 4791(CCS) with Bernards Bros.
Construction, Inc., for design and construction of the Airport
Administration Building and Hangar for the following purposes and
in the form of a loan to be repaid from revenue from the Airport
residual land development during the first full year that such
revenues are available to the city: (1) The amount of $107,000
be encumbered to the Bernards Bros. Construction Inc., Contract
No. 4791(CCS) to upgrade the design of the Hangar; and (2) The
amount of $200,000 be appropriated for the design and
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construction of tenant improvements for the Airport
Administration Building and Hangar; and (3) The amount of $80,000
be appropriated for the design and construction of a system to
roi tigate the soil contamination at the Airport Administration
Building; and (4) The amount of $88,000 be appropriated for
inspection and project coordination services; and (5) The amount
of $120,000 be encumbered to Bernards Construction, Inc.,
Contract No. 4791(CCS) to cover the costs of hangar glazing and
anticipated future change orders and contingencies; and (6) The
City Engineer be authorized to issue any change orders necessary
to complete the work, subj ect to the avai1abi1i ty of funds as
noted above, in accordance with the Administrative Instructions
on Change Orders: further, the Airport Director was authorized to
present the revised design of the Hangar to the Architectural
Review Board for their information and review.
6-0: PARKING STRUCTURE NO. 5 IMPROVEMENTS: A recommendation was
approved to reject all bids for construction of improvements to
Parking Structure No. 5 at 1440 - 4th street and authorize staff
to redesign and readvertise.
6-P: AIRPORT RESIDUAL LAND DEVELOPMENT: A recommendation was
approved authorizing the City Manager to negotiate and execute
Contract No. 5047(CCS), an agreement with Skadden, Arps, Slate,
Meagher and Flom to serve as outside legal counsel for
development of the Airport residual land parcel, allocate $60,000
from account number 15-200-263-730-511 towards this agreement,
and appropriating up to $90,000 from General Fund reserves to
cover remaining necessary costs.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Presented for approval were the minutes
City Council meetings of November 17 and November 24, 1987.
Councilmember Zane moved to approve the minutes of November 17,
and November 24, 1987, as written. Second by Mayor Pro Tempore
H. Katz. The motion was approved by a vote of six in favor,
Counci1member A. Katz abstained.
6-C: LANDMARKS ORDINANCE: Presented was a staff report
transmitting an ordinance for adoption and second 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, introduced
December I, 1987. Counci1member Finkel moved to approve
Ordinance No. 1429 (CCS) enti tIed: tI AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9611 AND 9612 AND ADDING SECTION 9611.5
TO THE SANTA MONICA MUNICIPAL CODE TO PROTECT AND PRESERVE
DESIGNATED LANDMARKS FROM DEMOLITION", reading by title only and
waiving further reading thereof. Second by Councilmember Reed.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
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6-M: HOTEL/OFFICE DEVELOPMENT/1723 4TH STREET: Presented was a
staff report recommending approval of an extension of time limit
for development of DR 305 and CUP 390 located at 1723 Fourth
street, a hotel/office development project. Applicant: Santa
Monica/Malibu Unified School District. Discussion was held.
Member of the public Bill Weingarten spoke to request that public
be given the opportunity to speak to the matter and that it be
referred to the Planning Commission. Mayor Pro Tempore H. Katz
moved to refer the project to the Planning commission for a
pUblic hearing. Second by Councilmember Reed. Discussion was
held. Councilmember Zane moved a substitute motion to approve
the staff recommendation, thereby approving extension of the time
limit for development of a hotel/office development project at
1723 4th street and adopting the findings described in the staff
report dated Decmeber 8, 1987.
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, Zane, Mayor Conn
Negative: Mayor Pro Tempore H. Katz, Reed
Mayor Pro Tempore H. Katz requested the record to reflect that
his objection is because he feels the public should be noticed,
and that the hotel is inappropriate as a land use on that site.
Councilmember Reed requested that Mr. Weingarten I s letter be
entered into the record specifically as her reason for opposing
this motion.
7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and a public hearing on assessment of costs to repair
damaged sidewalks, driveways and curbs on various streets. The
public hearing was declared opened. There being no one wishing
to speak, the public hearing was declared closed. Mayor Pro
Tempore H. Katz moved to approve the staff recommendation,
thereby adopting Resolution No. 7532 (CCS) entitled: itA
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-87-103)"
reading 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
8-A: WORKING HOURS AT CONSTRUCTION SITES: Presented was a staff
report transmitting an ordinance for introduction and first
reading adding Municipal Code Section 4320 to require posting of
signs stating working hours at construction sites. The public
hearing was declared opened. There being no one wishing to
speak, the public hearing was closed. 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 4320 TO CHAPTER 3A OF ARTICLE IV OF THE SANTA MONICA
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MUNICIPAL CODE RELATING TO THE POSTING OF CONSTRUCTION SIGNS,"
reading by title only and waiving further reading thereof.
Second by Mayor Pro Tempore H. Katz. Discussion was held. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
8-B: PREFERENTIAL PARKING ZONE K: Presented was a staff report
transmitting an ordinance for adoption and second reading adding
Municipal Code section 3238k to establish Preferential Parking
Zone K on 17th, 18th, 19th, and 20th streets between Wilshire and
California, introduced November 24, 1987. Councilmember A. Katz
moved to approve for adoption and second reading Ordinance No.
1430 (CCS) entitled: nAN 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 Reed. 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 he
does not believe preferential parking is a long term answer to
the parking problem, but only a quick fix.
10-A: BICENTENNIAL COMMITTEE ACTIVITIES: Louise Gabriel,
Chairperson of the Bicentennial Committee, presented a report of
the Bicentennial Committee regarding 1987 acitivities.
10-B: PIER DEVELOPMENT PLAN: Presented was a report from the
Pier Restoration Corporation recommending approval of the Santa
Monica pier development program, adoption of design guidelines,
and direction to staff to develop a phase I financing plan and
prepare an ordinance providing for Pier sign standards. Mayor
Pro Tempore H. Katz moved to refer the matter back to the Pier
Restoration Corporation for a public hearing and it be returned
to Council sometime in January. Second by Councilmember Zane.
Discussion was held. During discussion, the maker of the motion
and second accepted as friendly amendments Councilmember Finkel's
suggestion that Council hold a study session and public hearing
after that held by the P.R.C. and Councilmember Reed's suggestion
that the P.R.C. pUblic hearing be held in a location more
accessible than the Pier. The motion, as amended, was approved
by the following vote:
Council vote: Unanimously approved 7-0
ll-D: CLOSED SESSION: Considered later in the evening.
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I3-A: WESTSIDE CHILDREN'S MUSEUM: Presented was the request of
Mary Jo stirling to address Council regarding Westside Children's
Museum, continued from December 1, 1987. It was moved, duly
seconded, and approved to hear from members of the public. Mary
Jo stirling, Gloria Garvin, Tina Hellerman, Docia Zavi tkovsky,
and Bruria Finkel spoke in support of funding from the City for
the Museum. Discussion was held. Councilmember A. Katz moved to
grant the requested amount of $26,940 for the first year rent
payment to the school district for space at the Madison School
site for the westside Children's Museum, with the following
conditions listed in the staff report: (1) The organization must
match the city1s investment by raising $12,000 in pledges before
execution of a contract and have in place a fund raising plan for
securing the remaining $15,000 which must be secured during the
first year of operation; (2) The organization must commit to
remain in the City for at least three years; (3) The primary
entrance to the facility (as well as all new physical
improvements) must be handicapped accessible, (4) The group must
coordinate with the other relevant arts organizations, through
the Arts Commission, in terms of its programming and fund raising
in order to avoid duplication; plus the condition that staff
evaluate the traffic and parking impacts on the residential
neighborhood surrounding Madison School. Second by councilmember
Finkel. Discussion was held. During discussion, councilmember
A. Katz amended the original motion to direct staff to prepare
the contract and return it for Council approval and incorporated
into the motion the request of Mayor Pro Tempore H. Katz that the
neighbors be notified of the intended use. During further
discussion, Councilmember A. Katz clarified that the sense of the
motion is that staff report with the information necessary for
Council to take the action contemplated in the original motion so
that Council is not approving the money now, but contingent on
the conditions being met; he further incorporated the request of
Councilmember Finkel that the matter return on a date certain, as
an 11 item the second meeting in January. The second consented
to the amended motion. Discussion was held. The amended motion
was approved by a vote of six to one, Councilmember Reed opposed.
I3-B: SINGLE FAMILY RESIDENCE/1323 PALISADES BEACH ROAD:
Presented was the request of steve Morris to address Council
regarding a building permit to remodel single family residence at
1323 Palisades Beach Road. Discussion was held. Councilmember
Zane moved to direct staff to resolve the problem quickly with
the Rent Control staff, and to insure that no more plans will
need to be submitted, and that fees will not have to be repaid.
Discussion was held. Second by Mayor Conn. The motion was
unanimously approved.
14-A: SOCIAL SERVICES COMMISSION: Presented was the matter of
appointment of a member to the social services Commission,
continued from December I, 1987. Nominations were declared open.
Councilmember Zane nominated Mildred Rosenstein. Councilmember
Reed nominated Pat Fox. Hearing no other nominations, Mayor Conn
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closed the nominations.
follows:
The vote on the nominations was as
Mildred Rosenstein: Councilmembers Finkel, Jennings, Zane, Mayor
Conn
Pat Fox: Councilmembers A. Katz, H. Katz, Reed
Therefore, Mildred Rosenstein was appointed to the Social
services commission for a term expiring June 30, 1988.
14-B: CORSAIR FIELD/SANTA MONICA COLLEGE PARKING: Presented was
the request of Councilmembers Reed and Zane to discuss opposition
to paving Corsair Field at Santa Monica college to accommodate
parking. Discussion was held. Councilmember Zane moved to
direct the Mayor to send a letter to the College expressing
Council's concern and intent to have an energetically cooperative
relationship and our hope that the flier and the remarks in the
press from College officials were either misinterpreted or not
intended to conflict with our spirit of cooperation, and
expressing Council's firm opposition to paving over Corsair Field
for parking purposes. Second by Councilmember Reed. Discussion
was held. Councilmember A. Katz moved to hear from members of
the public for two minutes each. Second by Councilmember Reed.
The motion to hear from members of the public failed. The motion
to direct the Mayor to write a letter to the College Board was
unanimously approved.
14-C: ON-SITE RECYCLING IN NEW DEVELOPMENT: Presented was the
request of Councilmembers A. Katz and H. Katz to discuss
direction to staff to explore recycl ing on-si te in new
development. Mayor Pro Tempore H. Katz moved to direct staff to
explore the feasibility of requiring new development in the city
to maintain recycling systems on-site, to consider what the
appropriate size for such a requirement would be, and what the
effect of it would be. Second by Councilmember A. Katz.
Discussion was held. The motion was unanimOUSly approved.
14-0: MINIMUM WAGE: Presented was the request of Councilmember
Finkel to discuss support for State minimum wage of $5.01 an
hour, communicate support, and instruct City Attorney to prepare
appropriate ordinance or resolution. Councilmember Finkel moved
that the City adopt the position of supporting the drive to get
the commission to adopt a minimum state wage of $5.01; and
instruct staff to evaluate the implications of the new State
minimum wage law for purposes of inclusion in the proposed budget
for the coming year, and develop proposals which are designed to
move the bottom level of the pay scale in the City in a direction
which will bring the City into compliance with the new State
minimum wage. second by CouncilmeMher A. Katz. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative:
Councilmembers Finkel, A. Katz, H.
Katz, Zane, Mayor Conn
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Negative: councilmembers Jennings, Reed
councilmember Jennings requested the record to reflect that his
negative vote is because he is not convinced that raising the
minimum wage will not negatively impact on youth, minorities, and
truly poor people.
councilmember Reed requested the record to reflect that her
negative vote is because she does not have the kind of
information that she needs to have from the staff as to the
impacts on the city.
councilmember Reed moved in regard to Item l4-E to make a finding
that there was no information about this item in time for Council
to consider it and have it agendized according to the law, and
that under Government Code Section 54954.2, a determination made
that there was insufficient time and the need to take action
arose subsequent to the agenda being posted, therefore to include
Item l4-E as a late agenda item. Second by Councilmember A.
Katz. The motion was unanimously approved.
l4-E: STUDENT TRIP TO WASHINGTON D.C.: Presented was the
request of Councilmember Reed to discuss funding for a Santa
Monica High School student in the amount of $250 to meet Mr.
Gorbachev in Washington, D.C. Councilmember Reed moved to
contribute $250 to the SAMOHI Parent Teacher Association to
partially defray travel costs for Anthony Diaz to meet U.S.S.R.
leader Gorbachev in Washington D. C. Second by Councilmember
Zane. The motion was unanimously approved.
15. PUBLIC INPUT: David Melnick spoke against paving of Santa
Monica College corsair field and for parking solutions.
II-A: 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 11: 15 p.m., it was duly moved,
seconded, and approved to adjourn to Closed Session to consider
the following cases: Robert Moore v. City of Santa Monica, Santa
Monica Superior Court Case No. WEC 084 785; and Gregg Booth v.
city of Santa Monica, Santa Monica Superior Court Case No. WEC
082 913. At 11:28 p.m. City council reconvened with all members
present. councilmember Jennings moved to approve settlement in
the case of Robert Moore in the amount of $26,600. Second by
Councilmember A. Katz. The motion was approved by the fallowing
vote:
Council vote: Unanimously approved 7-0
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ADJOURNMENT: At 11:29 p.m. it was moved, seconded, and approved
to adj ourn the City Council meeting in m of author James
Baldwin.
ATTEST:
~
Ann
City Clerk
~~
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NOTICE OF CANCELLATION
OF SANTA MONICA CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN THAT the C~ty Counc~l meet~ng regularly
scheduled for 7:30 p.m., December 22, 1987, ~s cancelled due to
the Hol~day Season.
Ann M. Shore, City Clerk
DATE: December 22, 1987