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M-3/24/1987 I 293 CITY OF SANTA MONICA CITY COUNCIL MINUTES March 24, 1987 A meeting of the Santa Monica city Council was called to order by Mayor Conn at 7:40 p.m., Tuesday, March 24, 1987, in the Council Chambers. councilmember Finkel led the assemblage in the pledge of allegiance to the united states of America. Reverend Ernie Pipes, Unitarian Church, offered the invocation. Roll Call: Present: Mayor James P. Conn Councilmember David B. Finkel Councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Absent: Mayor Pro Tempore Herb Katz Also Present: city Manager John Jalili City Attorney Robert M. Myers Assistant City Clerk Donna R. Betancourt 4 -A: NATURAL ELEMENTS SCULPTURE PARK PROGRAM: amount of $16,000 was presented by the Chairperson to Mayor Conn for the City's Sculpture Park Program. A check in the Arts Commission Natural Elements 4-B: EMPLOYEE SERVICE PINS: Mayor Conn presented employee service pins to Chester Collins Jr., Equipment Operator, for 35 years of service; Michael Burton, Motor Coach Operator, 20 years of service; and Roosevelt Welch, Motor Coach Operator, 20 years of service. 4-C: AIDS AWARENESS MONTH: Councilmember A. Katz rE~ad a Mayoral proclamation declaring April 1987 as AIDS Awareness Month. 4-D: BOARDS AND COMMISSIONS: that applications are invited Commission, Electrical Board Commission. The Assistant city Clerk announced to fill vacancies on the Airport of Appeals, and the Planning 6. CONSENT CALENDAR: Presented was the consent Calendar whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Reed moved to adopt the Consent Calendar with the exception of Items 6-L and 6-U, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore H. Katz 1 March 24, 1987 294 6-A: MINUTES APPROVAL: The minutes of the meeting held March 10, 1987, were approved. 6-B: STREETLIGHTS: A recommendation was approved to accept streetlight petitions and adopt Resolution No. 7392 (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 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", setting a public hearing for April 28, 1987, regarding intention to install streetlights on 33rd Street from Pearl to Ocean Park; 5th Street from Pacific to strand; 18th street from California to Wilshire; 11th Street from Washington to Idaho; 23rd street from Pico to Pearl; and Alta from 4th Street to First Court. 6-C: STREETLIGHTS: Resolution No. 7393(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR STREETLIGHTING ON LA MESA DRIVE IN THE CITY OF SANTA MONICA, If was adopted, setting a public hearing for April 28, 1987, to confirm assessments for replacing the streetlight system on La Mesa Drive. 6-D: SALARY RATES/CLASSIFICATION SPECIFICATIONS: Resolution No. 7394 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR THE POSITIONS OF HAZARDOUS MATERIALS INSPECTOR AND LIABILITY CLAIMS SUPERVISOR," was adopted, establishing salary rates for the positions of Hazardous Materials Inspector and Liability Claims supervisor and approving classification specifications. 6-E: EASEMENT AGREEMENT/OCEAN AVENUE PROPERTIES: Resolution No. 7395 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PROPERTY AT 1535 OCEAN AVENUE, 11 was adopted, authorizing the City Manager to execute Contract No. 4889(CCS), an easement agreement, wi th Ocean Avenue Properties for improvements to a restaurant located at 1535 Ocean Avenue. 6-F: FINAL PARCEL MAP 14367/1240 24TH STREET: Resolution No. 7396(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 14367, U was adopted, approving the final map for a 4-unit condominium project at 1240 24th Street. 6-G: FINAL MAP 43851/TENANT CONVERSION PROJECT AT 927 2lST STREET: Resolution No. 7397 (CCS) entitled: "A RESOJ~UTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 43851," was adopted, approving the final map for a 7-unit tenant-participating conversion project at 927 21st Street. 2 March 24, 1987 I I 295 6-H: NATIONAL COMMUNITY DEVELOPMENT WEEK: Resolution No. 7398 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CI~Y OF SANTA MONICA PROCLAIMING APRIL 11-18, 1987 NATIONAL COMMUNITY DEVELOPMENT WEEK," was adopted as part of a nationwide effort to support the Community Development Block Grant program. 6-1: FAIR HOUSING MONTH: Resolution No. 7399(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECIARING THE MONTH OF APRIL AS "FAIR HOUSING MONTH" FOR THE YEAR 1987,11 was adopted, designating April as Fair Housing Month for the year 1987 and April 28, 1987, as Fair Housing Day at City Hall. 6 -J : SENIOR NUTRITION AND RECREATION PROGRAM: Resol ution No. 7400(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY PERSONS, II was adopted, thereby authorizing submittal of a proposal to the Los Angeles County Area Agency on Aging in the amount of $154,153 and authorizing the City Manager to negotiate and execute Contract No. 4890 (CCS) to provide services through the Senior Nutrition and Recreation Program. 6-K: ALCOHOL EFFECTS ON PREGNANCY: Ordinance No. 1405 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4813 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE POSTING OF SIGNS REGARDING THE DANGERS OF CONSUMING ALCOHOLIC BEVERAGES DURING PREGNANCY, II was adopted, requiring posting of signs regarding the danger of consuming alcoholic beverages during pregnancy, introduced March 10, 1987. 6-M: RESTAURANT AT 1721 BROADWAY: A recommendation was approved to adopt findings and conditions for approval of Development Review Permit 320B and Conditional Use Permit 410B for a l20-seat restaurant at 1721 Broadway, approved at the Council meeting of February 10, 1987. 6-N: STORM DRAINAGE FACILITIES ON 2ND STREET: A recommendation was approved to award Contract No. 4891(CCS) to Jana Contracting Company in the amount of $49,610 for the construction of storm drainage facilities on 2nd Street. 6-0: WORKERS COMPENSATION CLAIMS CONTRACT: A recommendation was approved to authorize the City Manager to negotiate and execute Contract No. 4892 (CCS) with Gates, McDonald & Company for workers' compensation claims administration services, and to terminate the existing contract with ComCo Management, Inc. 6-P: WATER GARDEN OFFICE/COMMERCIAL PROJECT AT 2425 OLYMPIC BOULEVARD: A recommendation was approved to authorize the City Manager to negotiate and execute Contract No. 4893(CCS), an agreement with EIP Associates in the amount of $44,990 for the preparation of an Environmental Impact Report on the proposed development of an office/commercial complex (the Water Garden Project) on 7 acres at 2425 Olympic Boulevard. 3 March 24, 1987 296 6-Q: PUBLIC LIBRARY VIDEO CIRCUIT: A recommendation was approved to amend Contract No. 4l93(CCS), a joint powers agreement which established a Public Library Video Circuit, eliminating the requirement for comprehensive general liability insurance. 6-R: AUTOMATED LIBRARY SYSTEM: A recommendation was approved to authorize the City Manager to negotiate and execute Contract No. 4894(CCS) with Inlex, Inc., in the amount of $88,424 for software to automate the Library catalog, circulation, and acquisitions functions. 6-S: GENERAL PLAN AND ZONING ORDINANCE AMENDMENTS RECLASSIFYING PROPERTY IN VICINITY OF ST. JOHN'S HOSPITAL AND HEALTH CENTER: A recommendation was approved to set a public hearing on April 7, 1987, to consider General Plan Amendment 04 and zoning District Amendments 26 and 27, reclassifying certain properties in the vicinity of st. John's Hospital and Health Center. 6-T: DAMAGED SIDEWALKS, DRIVEWAYS/CURBS: Resolution No. 740l(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING A RESOLUTION SETTING A PUBLIC HEARING AND RESETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-87-97), II was adopted, resetting the public hearing for April 28, 1987. 6-V: CITY YARDS FUEL FACILITY: Resolution No. 7403(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING COMPETITIVE BIDDING FOR REPAIR OF CITY YARDS FUEL FACILITY AND TREATMENT OF CONTAMINATED SOIL, II was adopted, the city Manager was authorized to execute Contract No. 4902(CCS) to Progressive systems Designs, Incorporated, in the amount of $162,977 for such repair and the following appropriations were approved: Refuse Fund Account No. 27-710-441-000-913, $141,900; Water Fund -- Account No. 25-760-671-000-944, $22,259; Sewer Fund -- Account No. 31-760-661-000-934, $5,565; and General Fund -- Account No. 01-760-671-000-931, $108,513. END OF CONSENT CALENDAR 6-L: NOISE REGULATION: Presented was a staff report transmitting an ordinance for adoption and second reading relating to the regulation of noise, introduced March 10, 1987, and having been removed from the Consent Calendar dUE~ to a public request to speak. No motion was made to hear from the public (due to council Rules which limit public discussion to ordinance introduction). Councilmember Reed moved to adopt Ordinance No. 1406 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RELATING TO THE REGULATION OF NOISE AND VIBRATION," 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 6-0 4 March 24, 1987 I I 297 Absent: Mayor Pro Tempore H. Katz 6-U: COMMENDATIONS/CALIFORNIA SENIOR LEGISLATURE, COMMISSION ON AGING, AND FUND FOR SENIOR CITIZENS: Presented was a staff report transmitting a resolution commending the California senior Legislature, the California Commission on Aging, and the California Fund for Senior citizens. Councilmember A. Katz introduced discussion and moved to adopt Resolution No. 7402(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA COMMENDING THE CALIFORNIA SENIOR LEGISLATURE, THE CALIFORNIA COMMISSION ON AGING, AND THE CALIFORNIA FUND FOR SENIOR CITIZENS," reading by ti tle only and waiving further reading thereof, expressing appreciation for services to seniors and encouraging all Santa Monica residents to voluntarily donate to the California Fund for Senior citizens. second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore H. Katz 7-A: DAMAGED SIDEWALKS, DRIVEWAYS/CURBS: Presented was a staff report and a pUblic hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs (SR-87-96). At 8 p.m., the public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Councilmember Reed moved to approve the staff recommendation, thereby adopting Resol ution No. 7404 (CCS ) entitled: "A 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-8 7 -9 6) , II reading by title only and waiving further reading thereof. Second by Councilrnember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore H. Katz 7-B: WEED ABATEMENT: Presented was a staff report and a public hearing on the intention to abate weeds and award a contract to Apple Tractor Service in the amount of $37,060. At 8:04 p.m., the public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Councilmember Reed moved to approve the staff report, thereby awarding Contract No. 4895(CCS) to Apple Tractor Service in the amount of $37,060, and rejecting the low bid submitted by Gary's Lot Cleaning which was non-responsive in the submission of two bids, rather than a single bid, and incomplete due to the omission of the required bid bond. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore H. Katz 5 March 24, 1987 298 8-A: CABLE TELEVISION FRANCHISE: Presented was a staff report transmitting an ordinance for introduction and first reading adding Chapter 13 to Article VI of the Municipal Code regarding the establishment and granting of franchises for cable communications or cable television systems and providing for their regulation and administration. Discussion was held. At 8:15 p.m., the public hearing was declared opened. Donald Lewin Nelson spoke in support of the ordinance but outlined areas of I concern. Larry Bender spoke in support of the ordinance. william J. Rosendahl, a representative of Century Southwest Communications, requested Council to continue the item to enable Century sufficient time in which to provide input into the process. There being on one else wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember Finkel moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 13 TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT AND GRANTING OF FRANCHISES OR PRIVILEGES FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF CABLE COMMUNICATIONS OR CABLE TELEVISION SYSTEMS AND FURTHER PROVIDING FOR THE CONTINUING REGULATION AND ADMINISTRATION OF THESE FRANCHISES AND THE ACTIVITIES RELATIVE TO THEM," reading by title only and waiving further reading thereof, the motion to include that section 63003 b(2) be changed from the requirement for disclosure of "any" share of ownership of the applicant to disclosure of "1% or more" share of ownership of the applicant. Second by Councilmember A. Katz. The motion was approved by the following vote: council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore H. Katz 8-B: PREVAILING WAGE/APPRENTICESHIP LAW: Presented was a staff report transmitting an ordinance for introduction and first reading adding Chapter 4A to Article VII of the Municipal Code pertaining to the applicability of requirement for payment of prevailing wages and apprenticeship programs for specified rehabilitation and new construction projects. At 8:42 p.m., the public hearing was declared opened. Joy Fullmer expressed concern regarding the prevailing wage rates and which workers are covered. William Luddy spoke in support of the ordinance. There being no one else wishing to be heard, the public hearing was declared closed. Councilmember Finkel moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 4A TO ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A PREVAILING WAGE AND APPRENTICESHIP LAW," reading 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 6-0 Absent: Mayor Pro Tempore H. Katz 6 March 24, 1987 I 299 II-A: POLICE DEPARTMENT/COUNTY REGIONAL IDENTIFICATION SYSTEM: Presented was a staff report recommending that authorization be given to the City Manager to negotiate and execute an agreement with Los Angeles County to enable the Police Department to participate in the County Regional Identification System. Councilmember A. Katz moved to approve Contract No. 4896(CCS), an Agreement between the City of Santa Monica and the County of Los Angeles for the Santa Monica Police Department to participate in the Los Angeles County Regional Identification System. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore H. Katz ll-B: GENERAL PLAN CIRCULATION ELEMENT/CITY STREET/SERVICE GOALS: Presented was a staff report recommending that authorization be given to the Planning Commission to review Policy 4.3.1 of the General Plan Circulation Element to clarify that the policy intent is to describe city street level of service goals to be considered in review of development projects. Discussion was held. Member of the public Joy Fullmer requested Council to have firmer rules and stricter interpretation of the policy. Discussion was held. Councilmember Zane moved to authorize the Planning Commission to review this policy and advise Council as to changes in the language or interpretation as to its implementation that they think is appropriate and return to Council. Second by Councilmember A. Katz. The motion was approved by unanimous vote. ll-C: CLOSED SESSION: Held later in the evening. l4-A: HOUSING COMMISSION: Presented was the matter of appointment of a member to the Housing commission. Mayor Conn declared the nominations opened. Councilmember Zane indicated he would like to second Councilmember Finkel's nomination of Clare Branfman. Councilmember Reed nominated Alvin Knowles. Hearing no other nomination, Mayor Conn declared the nominations closed. The vote on the nomination was as follows: Clare Branfman: Councilmembers Finkel, Zane, Mayor Conn Al vin Knowles: Councilmembers Jennings, A. Katz I ReE~d There being insufficient votes for appointment, the nominations were reopened. Councilmember Reed nominated Alvin Knowles. Councilmember Finkel nominated Clare Branfman. Hearing no other nominations, Mayor Conn declared the nominations closed. The vote on the nominations was as follows: Clare Branfman: councilmembers Finkel, Zane, Mayor Conn Alvin Knowles: Councilmembers Jennings, A. Katz, ReE~d 7 March 24, 1987 300 There being insufficient votes for appointment, Councilmember Finkel moved to defer this item until the next Council meeting in which all the Councilmembers are present (April 28, 1987). Second by Councilmember Reed. The motion was approved by unanimous vote. 14-B: SALE OF FORTIFIED WINE: Presented was the request of Councilmember Reed to discuss a Chamber of Commerce request to I consider prohibition of the sale of fortified wine in the city. Councilmember Reed introduced discussion and moved to direct the City Attorney to look into this area and return with a report as to any method that would accomplish this goal legally. Discussion was held. councilmember Reed requested the record to show that her motion is changed to reflect the suggestion of the City Attorney that he be directed to draft the appropriate resolution for communication with the State legislature with regard to the problem of fortified wines, and that he communicate wi th the Chamber of Commerce about why he bel ieves the ci ty cannot do as they requested and give alternative suggestions; investigate Councilmember A. Katz's request to look into the posting of signs; and report back to Council at his convenience but sometime before the end of the year. Second by Councilmember A. Katz. Discussion was held. The motion, as changed, was unanimously approved. 14-C: RENT CONTROL BILLS: Presented was the request of Councilmember Finkel to discuss opposition to SB 2260 opposing rent control and SB 1646 allowing vacancy decontrol; and support of AB 1270 exempting new construction from rent control and AB 2082 regarding maximum rents. Councilmember Finkel introduced discussion and requested that this item be continued to April 28, 1987 to enable receipt of the printed bills. During discussion, and there being no objection, Mayor Conn framed the request as a motion to hear the matter on April 28th. The motion was duly seconded and unanimously approved. 14-0: BUSINESS EXPENSE TAX DEDUCTIONS/PRIVATE CLUBS: Presented was the request of Councilmember Reed to discuss support of AB239 prohibiting tax deductions for business expenses at private clubs that practice discrimination in membership or services. Councilmember Reed introduced discussion and moved to go on record in support of the bill and requested that letters signed by the Mayor indicating the position of the City be sent to the appropriate committees in the Assembly and then in the Senate if the bill makes it there. During discussion, and there being no obj ection, Mayor Conn added to the motion Councilmember Reed I s suggestion that Councilmember Finkel draft a separate letter, on behalf of the Council, to the maker of the bill, Assemblywoman Moore, and to Assemblyman Hayden requesting that consideration be given to expanding the proposed legislation in regard to discrimination on the basis of sexual preference. The motion, and its addition, were approved by unanimous vote. 15. PUBLIC INPUT: Joy Fullmer spoke regarding rent control, prevailing wages, and the noise ordinance. 8 March 24, 1987 I Il-C: 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 9:50 p.m., Council adjourned to Closed Session to consider the following cases: Delong v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 062 466, and In re California Aviation, Inc., united states Bankruptcy Court Case No. 86-23264-JD. At 11: 15 p.m., Council reconvened with all members that were present at Roll Call. Mayor Conn announced that no actions were taken. ADJOURNMENT: At 11: 15 adjourn the meeting. unanimously approved. p.m. , The Councilmember A. motio as duly Katz moved to seconded and :5T(,EST to~ Donna . Betancourt Assistant city Clerk 9 March 24, 1987 NOTICE OF ADJOURNMENT OF THE CITY COUNCIL AND THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA NOTICE IS HEREBY GIVEN THAT the regularly scheduled meetlngs of the C~ty CounCll and the Parklng Authorlty, to be held at 7:30 P.M. on Tuesday, Aprll 14, 1987, were adJourned for lack of a quorum. ,~ ~ ~ 1,<, I ./ <:-, <::.--d.L IL~AA' ~_A)t.I-" u------- Donna \R.~Bet~ncourt ASslstan~ Cl-ty Clerk DATE: Aprll 14, 1987 I