M-2/10/1987 (2)
I
255
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 10, 1987
A meeting of the santa Monica City Council was called to order by
Mayor Conn in the Council Chambers at 7:35 p.m., Tuesday,
February 10, 1987. Councilmember Zane led the assemblage in the
pledge of allegiance to the united states of America. Reverend
John Miller, Trinity Baptist Church, offered the invocation.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember David B. Finkel
Councilmember William H. Jennings
(entered at 7:40 p.m.)
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
4-A: COMMUNITY COLLEGE MONTH: Mayor Conn read a proclamation
recognizing the importance and value of Santa Monica College to
the community and designating the month of February as Community
College Month.
4-B: DAY OF REMEMBRANCE: Mayor Conn read a proclamation
designating February 21, 1987, to be a Day of Remembrance in
Santa Monica for the disabled victims of the Nazi genocide.
4-C: BOARDS/COMMISSIONS: The Assistant city Clerk announced
that applications are invited to fill a vacancy on the Convention
and visitors Bureau.
HOUSING AUTHORITY SPECIAL MEETING
At 7:45 p.m., Mayor Conn called to order a Special Meeting of the
Housing Authority.
Roll Call: Present: Chairperson James P. Conn
Chairperson Pro Tempore Herb 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
Executive Attorney Robert M. Myers
Assistant Authority Clerk Donna R.
Betancourt
1
February 10, 1987
256
HA-1: SECTION 8 HOUSING VOUCHER PROGRAM: Presented was a staff
report transmitting a resolution approving the amended Annual
contributions Contract with the U.S. Department of Housing and
Urban Development for section 8 Housing Voucher Program and
authorizing the Executive Secretary to execute. Discussion was
held. Member of the public Harold Crawford suggested that a new
program be initiated to sell participating housing bonds to bear I
5% interest for 10-20 year maturity dates so that housing may be
constructed and continued on a community basis. Discussion was
held. Authority Member Reed moved the staff recommendation,
thereby adopting Resolution No. 26 (HAS) entitled: "A RESOLUTION
OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING
AMENDED PART I OF SECTION 8 HOUSING VOUCHER PROGRAM ANNUAL
CONTRIBUTIONS CONTRACT NO. SF-520V AND AUTHORIZING EXECUTION, II
reading by title only and waiving further reading thereof.
Second by Authority Member H. Katz. The motion was approved by
the following vote:
Authority vote: Unanimously approved 7-0
REGULAR CITY COUNCIL MEETING RECONVENED
5-A: CONDITIONAL USE PERMIT/RESTAURANT AT 1721 BROADWAY:
Presented was a staff report recommending denial of Development
Review Permit 320-B and Conditional Use Permit 41-B for
modification of approved permits for a 120-seat restaurant with
liquor license at 1721 Broadway, continued from February 3, 1987.
Discussion was held. Sherman Stacey, on behalf of the applicant,
requested approval of the project. James Lunsford, Vivien
Linder, Ulysses Gibson, and Karl Schober spoke in support of the
restaurant. Discussion was held. Mayor Pro Tempore H. Katz
moved to approve DR 320-B and CUP 410-B with conditions put upon
it, staff to come back with the findings. Second by
councilmember Zane. Discussion was held. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
5-B: TRAFFIC/LINCOLN FREEWAY ENTRANCE: Presented was the
request of Don Masterson (not present) to address Council
regarding the installation of yield sign for northbound Lincoln
traffic at the turnoff for the freeway east entrance, continued
from February 3, 1987. Mayor Pro Tempore H. Katz moved to
receive and file the communication. Second by Councilmember
Reed. The motion was unanimously approved.
5-C: PARKING/1750 APPIAN WAY: Presented was the request of Don
Masterson (not present) to address Council regarding updating the
1750 Appian Way parking and security situation, continued from
February 3, 1987. Mayor Pro Tempore H. Katz moved to receive and
file the communication. Second by Councilmember Reed. The
motion was unanimously approved.
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 Finkel
2
February 10, 1987
I
257
moved to adopt the Consent Calendar with the exception of Items
6-E and 6-F, reading resolutions and ordinances by titles only
and waiving further reading thereof. The motion was duly
seconded and approved by the following vote:
council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The minutes of the city council meeting
held January 27, 1987, were approved.
6-B: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS: Resolution No.
7370 (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 DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS
(SR-87-95) , If was adopted, thereby setting a hearing date for
March 10, 1987.
6-C: GUTTER/STREET RESURFACING: Resolution No. 7371(CCS)
entitled: IIA 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 CONCRETE GUTTERS, STREET RESURFACING, TREE
PLANTING, AND APPURTENANT WORK ON COLORADO AVENUE BETWEEN 14TH
STREET AND CLOVERFIELD AS SHOWN ON CITY DRAWING NO. 5617 IN THE
CITY OF SANTA MONICA," was adopted, thereby approving the
formation of an assessment district to construct concrete
gutters, reconstruct the street and plant trees along Colorado
Avenue between 14th Street and Cloverfield, and setting a public
hearing for March 10, 1987, for the establishment of the
appropriate assessment district.
6-D: CONDITIONAL USE PERMIT PROCESS/RESIDENTIAL USES: Ordinance
No. 1399(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 9148G TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO CONDITIONAL USE PERMITS," was adopted,
thereby allowing certain uses of property which are consistent
with the Land Use Element of the General Plan, but are prohibited
by the existing Zoning ordinance, to be subject to the
discretionary review of the Conditional Use Permit process.
6-G: AMBULANCE/FIRE DEPARTMENT: Bid No. 2096 was awarded to
Superior Trans Med to furnish and deliver one new ambulance
vehicle for the Fire Suppression Division of the Fire Department
in the total amount of $28,809.53,
6-H: POLICE SERVICE DOG: A recommendation was approved that
Police Service Dog Enno be retired from service and sold to
Officer Larry Horn, the assigned handler, for the sum of one
dollar.
END OF CONSENT CALENDAR
6-E: HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY:
Presented was a staff report transmitting an ordinance for
adoption and second reading adding Chapter 5 to Article V of the
3
February 10, 1987
258
Santa Monica Municipal Code relating to hazardous materials
release response plans and inventory. Mayor Pro Tempore H. Katz
moved to hear from a member of the public for two minutes. The
motion died for lack of a second. Councilmember Zane moved to
adopt Ordinance No. 1400 (CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5 TO
ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY," I
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
6-F: ELECTRICAL SUPPLIES: Presented was a staff report
recommending award of bid for miscellaneous electrical supplies
for a one-year period per specified unit prices, plus aplicable
sales tax. Mayor Pro Tempore H. Katz introduced discussion and
moved to approve the staff recommendation, thereby awarding Bid
No. 2094 to Consolidated Electrical Distributors at specified
unit prices and percentage discount on items not listed on the
bid for a one-year period, plus applicable sales tax, as the
lowest and best bidder. Second by Councilmember Reed. The
motion was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Finkel
7 -A: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a
staff report and a public hearing on the assessment of costs to
repair damaged sidewalks, driveways and curbs at various areas in
the City (S-87-93). At 8:40 p.m., the public hearing was
declared opened. There being no one wishing to be heard, the
public hearing was declared closed. Discussion was held.
Councilmember Reed moved to approve the staff recommendation,
thereby adopting Resolution No. 7372(CCS) entitled: lIRESOLUTION
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-87-93), II 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 7-0
7-B: GENERAL PLAN HOUSING ELEMENT (INCLUSIONARY HOUSING):
Presented was a staff report and a public hearing regarding
proposed amendments to Program 12 (Inclusionary Housing) of the
General Plan Housing Element. Councilmember Reed moved to
continue the hearing to February 24, 1987, and so notice the
public and instruct the Clerk to renotice as whatever the law
requires. Second by Mayor Pro Tempore H. Katz. There being no
objection, it was so ordered. Discussion was held.
councilmember Reed moved an amendment to change the date of the
hearing to March 10, 1987, and asked the Mayor to read the names
4
February 10, 1987
I
259
of those who submitted chits and hear tonight from those who
cannot come to the meeting of March 10. Second by Mayor Pro
Tempore H. Katz. The motion, as amended, was unanimously
approved. Councilmember Reed moved to hear from Edwin Feigin now
and direct the Clerk to incorporate the content of his remarks
into the record so that we will have it before us on March 10.
There was no obj ection to the motion. Edwin Feigin spoke in
favor of the proposed changes to the housing element.
8-A: ALCOHOL EFFECTS ON PREGNANCY: Presented was a staff report
and a public hearing transmitting an ordinance for introduction
and first reading requiring posting of signs informing the public
of the danger of consuming alcoholic beverages during pregnancy.
The public hearing was declared opened. There being no one else
wishing to be heard, the public hearing was declared closed.
Discuss ion was held . At 8: 50 P . m., Gerald Brei tbart spoke in
support of the concept but in opposition to the ordinance as
written. Ken Schonlau spoke in support of the ordinance.
Councilmember Finkel moved to introduce the ordinance for first
reading. Second by Councilmember Zane. Discussion was held.
Mayor Pro Tempore H. Katz moved a substitute motion to put this
off in order to meet with Mr. Brei tbart to try to work out a
solution that is amicable to the Restaurant Association as well
as to the City, come up with a solution that is positive, and
bring it back in thirty days. Second by Councilmember Reed.
Discussion was held, during which time staff requested further
direction. Mayor Pro Tempore H. Katz incorpora ted into the
motion Councilmember Reed's suggestion that staff direction
include contacting the County Health Department to ask them what
phone number they would like to have phone calls referred to
because the signs will have a phone number on them, and that
signs ought to be in the bathrooms along wi th other
locations--either the lobby entrance, cards on the tables or on
the menus--allowing the restaurant to make the choice as long as
they have one public location in addition to the bathroom
location; further, that wording on the Philadelphia sign is
preferred over the wording in the proposed ordinance. Mayor Pro
Tempore H. Katz also incorporated into the motion that the
concept of a graphic on the sign is highly important. Discussion
was held. The substitute motion, as amended, was approved by
unanimous vote.
8-B: FIRE SAFETY/PREVENTION: Presented was a staff report and a
public hearing regarding an emergency ordinance for introduction
and adoption amending fire safety and prevention requirements.
The public hearing was declared opened. Joy Fullmer spoke in
opposition to costs resulting from the proposed ordinance. There
being no one else wishing to speak, the public hearing was
declared closed. Councilmember A. Katz moved to introduce and
adopt an emergency ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SUPPLEMENTAL FIRE
SAFETY AND PREVENTION REQUIREMENTS AND DECLARING THE PRESENCE OF
AN EMERGENCY," reading by title only and waiving further reading
thereof, with a May 1st (compliance) date in it. Second by
Councilmember Reed. Discussion was held. Councilmember Zane
moved to amend the date of compliance to July 1st, with the
5
February 10, 1987
260
understanding that staff will calendar this item so that
Council's decisions can be made prior to May 1st. Both the maker
and the second accepted the amendment, thereby incorporating it
into the motion. Discussion was held. The motion failed by the
following vote ( five votes being required to pass an emergency
ordinance) :
council vote: Affirmative: Councilmembers Jennings, A. Katz,
Reed, Zane
Negative: Counci1members Finkel, H. Katz,
Mayor Conn
Councilmember Reed moved to reintroduce the ordinance (absent the
emergency language for first reading) as a regular ordinance,
with the dates as in the previous motion, thereby introducing for
first reading an ordinance entitled: IIAN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SUPPLEMENTAL FIRE
SAFETY AND PREVENTION REQUIREMENTS, II reading by title only and
waiving further reading thereof. Second by Councilmember A.
Katz. The motion was approved by the following vote:
council vote: Affirmative: Councilmernbers Jennings, A. Katz,
Reed, Zane
Negative: Councilmembers Finkel, H. Katz,
Mayor Conn
II-A: EMERGENCY HOMELESS SHELTER SERVICES: Presented was a
staff report regarding the possible use of public facilities
including the East Room of the Civic Auditorium, Miles Playhouse
and the Memorial Park Gymnasium for short-term emergency homeless
shel ter services. Discussion was held. Members of the public
Mark Harding, Ellen Wohl, Joy Fullmer, Pam Rice, Kleg Seth, Alan
RObinson, Jerry Gordon, David McAllister, Irene Zivi, Gwen
Pentecost, Charles Elswick, Mallory Pearce, Ken Schonlau, Mona
LaVine, Ham D 'Arcus , and Daniel Kelley spoke in support of
homeless shelter services. Ulysses Gibson, Donna Alvarez, Russ
Latimer, Nat Trives, CeCe Bradley, Clyde Smith, Jean Gebman,
Lawrence Corbell, and Pat Potter spoke in opposition to the use
of Memorial Park facilities for the homeless.
Discussion was held. Councilmember Finkel moved the following:
that we not adopt the Memorial Gym proposal tonight as our first
choice; that we not adopt the COld-snap program tonight as our
first choice, but rather take the middle ground, and instruct
staff to implement the voucher program, and that we do that in
tandem with two other things: first, while the voucher program
is being implemented, we further instruct staff to conduct a
search for a facility which can be generated into a permanent
public shelter, and that we set that as a goal for this City
knowing that we may not be able to do it next month, the month
after that, or maybe even by summer, or maybe it won't even come
into realization until next year, but announce it as a goal now,
so that staff knows when they engage in that search that they are
doing it with the support of the City council and they know that,
6
February 10, 1987
I
I
261
when they find a place that deals with all of the social concerns
which have been expressed by the community tonight, that we will
rally behind it, and we will finance it, and we will support it
and we will try to press the community into support as well: and
third, I would propose that as part of that program, we also
instruct staff to, when they make the judgement that, on a given
night or a given series of nights, the voucher program is not
adequately bringing in those who have to be brought in out of the
inclement weather, that they be given the authority and
instruction to open up other public spaces, such as the East Wing
of the Civic, maybe even the lobby of the City Hall, whatever
spaces they think are appropriate that do not run into the
problems of spaces that have been criticized, such as the seismic
problem at the Miles Playhouse and the Memorial Gym because of
the problems that have been expressed tonight, so that we will
end up with, at least for this year, a three-part program: (1)
setting up the voucher system and implementing it right away, so
that people can be given a place to stay, get some sanitary
facilities and get that help, have it done through a screening
process through the social service agencies, and have it followed
up by counseling and attempts to help them during the day; (2)
conduct a search to find a facility, come back to council with a
recommendation for ways and means of having the city find,
obtain, purchase, open up, run, whatever recommendations they
make that we can buy when we hear it, a long-term public shelter
facility; and (3) use the public spaces as a fall-back on
emergency nights. Second by Councilmember A. Katz. Discussion
was held. Councilmember A. Katz moved to extend the meeting to
12:30 a.m. Second by Councilmember Reed. The motion to extend
the meeting was unanimously approved. Discussion was held. With
the consent of the second, Councilmember Finkel incorporated into
his motion the following: authorize the city Manager to set up
and implement the voucher program and allocate $15,000 for
vouchers and related costs.
Councilmember Reed moved that the motion be divided into three
parts for voting purposes: the first part being the voucher
program with the allocation of funds, the second being the
instruction to search for the permanent facility, and the third
being the instruction regarding the emergency cold-weather
shelter. Second by Mayor Pro Tempore H. Katz. The motion was
approved.
During discussion, and there being no objection, Mayor Conn
incorporated into the main motion instruction to staff to come
back to Council when the funding gets down to $5,000.
The first part of the motion, the voucher program with funds
allocation, as amended, was approved by the following vote:
Council vote: Unanimously approved 7-0
The second part, the search for a permanent facility for the
homeless, was approved by a vote of six to one, Councilmember
Reed opposed.
7
February 10, 1987
262
Discussion was held in regard to the third part of the motion,
emergency cold-weather shelter. Councilmember Reed moved an
amendment to instruct staff that the public area, the foyer of
City Hall, definitely be included on the list as one of the
facilities to turn to, and that Councilmember Zane1s suggestion
of the use of buses as per the San Francisco program as former
Mayor Trives has suggested also be added to the list for staff to I
find out from San Francisco how they dealt with that and to see
if it would be applicable here, and also further investigation of
the tent on a public parking lot where there would be restroom
facil i ties available. Councilmember Finkel, the maker of the
motion, and Councilmember A. Katz, the second, incorporated the
amendmendment into the main motion. During discussion,
Councilmember Finkel pointed out for the record that his motion
was that all public facilities be potentially used except those
which had been specifically rejected. Discussion was held.
Counci1member Reed moved an amendment that we specifically
indicate that Memorial Park and Miles Playhouse are not to be
considered as part of the cold-weather emergency facility
program. Second by Mayor Pro Tempore H. Katz. Discussion was
held. The amendment was approved by the following vote:
council vote: Affirmative: Councilmembers H. Katz, Reed,
Zane, Mayor Conn
Negative: Councilmembers Finkel, Jennings,
A. Katz
The third part of the main motion, as amended, was approved by
unanimous vote.
11-B: JULY 4TH BEACH FIREWORKS: Continued to February 24, 1987.
11-C: CITY SIGNAGE PROGRAM: Continued to February 24, 1987.
ll-D: TRAFFIC CIRCULATION STUDY CONSULTANT:
February 24, 1987.
Continued to
ll-E: LIABILITY CLAIMS PROGRAM: Continued to February 24, 1987.
Il-F: MID-YEAR BUDGET REVIEW: Continued to February 24, 1987.
11-G: CLOSED SESSION: Held later in the evening.
12-A: CONVENIENCE MARKET AT 1865 LINCOLN BOULEVARD: Continued
to February 24, 1987.
13-A: SMOKING IN RESTAURANTS: Continued to February 24, 1987.
14-A: THIRD STREET DEVELOPMENT CORPORATION: Presented was the
matter of appointing a member to the Third street Development
Corporation, continued from January 20, 1987. Counci1member A.
Katz moved to postpone this item to February 24, 1987. The
motion was duly seconded and unanimously approved.
8
February 10, 1987
I
263
14-B: RECREATION AND PARKS COMMISSION: A motion was made,
seconded and approved to continue this item to February 24, 1987.
14-C: HOUSING COMMISSION: Presented was the matter of accepting
a letter of resignation from Terry Pullan of the Housing
commission and authorizing the City Clerk to publish a notice of
vacancy. Councilmember A. Katz moved to accept the resignation
with regret and authorize the City Clerk to publish a notice of
vacancy. Second by Councilmember Reed. The motion was
unanimously approved.
14-0: CLOVERFIELD OFF-RAMP/CONGESTION: A motion was made,
seconded and approved to continue this item to February 24, 1987.
l4-E: COUNCIL CHAMBER USE: Presented was the request of Mayor
Conn to discuss waiving the fee for use of the Council Chambers
by the Public Utilities commission on June 19, 1987. A motion
was made, seconded and approved to waive the fee.
14-F: AIDS AWARENESS MONTH: Presented was the request of
Councilmember A. Katz to discuss proclaiming April as AIDS
Awareness Month in Santa Monica and co-sponsoring the Second
Annual Community Forum on AIDS. Councilmember A. Katz introduced
discussion. Councilmember Zane moved that Council co-sponsor the
Second Annual Community Forum on Aids on April 1st. The motion
was duly seconded and unanimously approved. Councilmember A.
Katz moved to declare April as AIDS Awareness Month in Santa
Monica. Second by Councilmemher Reed. The motion was
unanimously approved.
14-G: TRANSIT REORGANIZATION: Presented was the request of
Councilmember Reed to discuss the position of the city on the
current debate over transit reorganization and authorization to
carry the city's position to Sacramento. Councilmember Reed
introduced discussion and moved to direct staff to prepare a
general outline for the concerns that the city would want to
address in testimony on transit funding and transit
reorganization in order that the city Municipal Bus Line interest
will be protected and insured and that it be brought back to
Council for review, at which time permission will be requested to
take this testimony to Sacramento. Second by Councilmember A.
Katz. The motion was unanimously approved.
15. PUBLIC INPUT: None.
11-G: 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: 30 a.m., Council adjourned to
Closed Session to consider the following pending cases: State
Farm v. City of Santa Monica, Los Angeles superior Court Case No.
C 76493; Blodgett v. city of Santa Monica, Santa Monica Superior
Court Case No. WEC 090 198; and In re California Aviation, Inc.,
united states Bankruptcy Court Case No. 86-23264-JD. At 12: 45
a . m., Council reconvened wi th six members present, Mayor Pro
Tempore H. Katz absent.
9
February 10, 1987
264
Mayor Conn moved to approve settlement in the case of state Farm
in the amount of $9,371. 96. The motion was duly seconded and
approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Mayor Pro Tempore H. Katz
ADJOURNMENT: At 12: 45 a.m., council adjourned the meeting to
February 24, 1987 at 7:30 p.m. to consider continued items,
adjournment to be in memory 0 rothy Barnes, wife of City
employee Ed Barnes.
ATTES
dfl/.
DONN
Assis
i~
10
February 10, 1987
I