M-3/24/1987
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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
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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.
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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.
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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
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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
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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
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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
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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.
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March 24, 1987
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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
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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
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