M-11/11/1986 (2)
I
186
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 11, 1986
A meeting of the Santa Monica city Council was called to order by
Mayor Reed at 7:35 p.m., on Tuesday, November 11, 1986, in the
Council Chambers. Councilmember Epstein led the assemblage in
the pledge of allegiance to the united States of America.
Roll Call: Present: Mayor Christine E. Reed
Mayor Pro Tempore William H. Jennings
Councilmember James P. Conn
(entered at 7:40 p.m.)
Councilmember David G. Epstein
councilmember Alan S. Katz
Councilmember Herb Katz
councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Ann M. Shore
Councilmember Zane moved to add late Items 14-H, 14-I, and 14-J.
Second by Councilmember Epstein. The motion was unanimously
approved.
4 -A: FIRE CHIEF RETIREMENT: Mayor Reed presented Fire Staff
Battalion Chief Kenneth White with a commendation for 30 years of
service and dedication to the city.
4-B: BICENTENNIAL COMMEMORATION: Presented was a staff report
recommending organization of a steering committee for the City's
participation as a Bicentennial Community in the 1987
Bicentennial Commemoration of the U.S. Constitution. Mayor Reed
introduced discussion and moved the staff recommendation, thereby
authorizing the invitation of the individuals outlined in the
staff report and supplemental report dated November II, 1986 to
join the Steering Committee for Santa Monica's participation as a
Bicentennial Community in the commemoration of the 200th
Anniversary of the United States Constitution in 1987. Second by
Councilmember A. Katz. Discussion was held. Councilmember H.
Katz moved an amendment to add SPAN, Mid-Ci ties, and Concerned
Homeowners to the neighborhood groups to be invited to become
members of the steering Committee. Second by Mayor Pro Tempore
Jennings. The motion was unanimously approved. Mayor Pro
Tempore Jennings moved an amendment to add the Chair/Executive
Director of the Arts commission to the list. Second by
Councilmember Conn. The motion was unanimously approved. The
main motion, as amended, was unanimously approved.
1
November 11, 1986
187
SPECIAL JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY:
At 7:50 p.m., a special joint meeting of the City council and
Redevelopment Agency was called to order by Chairperson Reed.
Roll Call: Present: Chairperson Christine E. Reed
Chairperson Pro Tempore william H. Jennings
Member James P. Conn
Member David G. Epstein
Member Alan S. Katz
Member Herb Katz
Member Dennis Zane
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Ann M. Shore
CC/RA-1: THIRD STREET MALL FUNDING: Presented was a staff
report recommending that the city Council appropriate funds from
the sale of Certificates of participation for construction of
public improvements in the Third street Mall Area and that the
Redevelopment Agency appropriate funds to repay General Fund
interest on certain previously approved loans. Discussion was
held. Councilmember Epstein moved to approve the staff
recommendation, thereby (1) appropriating $304,721 from the
proceeds from the sale of Certificates of Participation to
01-700-263-000-729 (Cost of Issuance), and (2) appropriating
$6,067,398 from the proceeds from the sale of Certificates of
Participation to 01-720-263-000-921 (Mall Improvement Project).
Second by Counci1member Conn. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
Agency Member Epstein moved to approve the staff recommendation,
thereby (1) appropriating $500,000 to account number
16-720-263-000-908 (Mall Development Fund) and $500,000 to
account number 16-720-263-000-911 (Mall Development Reserve), and
(2) authorizing the Agency staff to repay the General Fund
$1,497,000 in interest only on loans previously advanced to the
Redevelopment Agency from the following accounts: $200,000-
16-720-263-000-903, $297,000 16-720-263-000-907, $500,000
16-720-263-000-908, $500,000 - 16-720-263-000-911 = $1,497,000
total. Second by Member Conn. The motion was approved by the
following vote:
Agency vote: unanimously approved 7-0
ADJOURNMENT: At 7:55 p.m., a motion was made, duly seconded, and
unanimously approved to adjourn the Redevelopment Agency meeting.
2
November 11, 1986
I
I
188
REGULAR CITY COUNCIL MEETING RECONVENED
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
all items are considered and approved in one motion unless
removed from the calendar for discussion. Councilmember Conn
moved to approve the Consent calendar, reading resolutions and
ordinances by titles only and waiving further reading thereof.
Second by Councilmember Epstein. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The minutes of the city Council meeting
held October 28, 1986, were approved.
6-B: SOLICITATIONS AND PEDDLING: Ordinance No. 1390(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 2B TO ARTICLE VI OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO SOLICITATIONS AND PEDDLING AND
REPEALING SECTIONS 6243 THROUGH 6243J OF THE SANTA MONICA
MUNICIPAL CODE, II was adopted.
6-C: VEHICLE STORAGE FACILITIES/WATER DIVISION: A
recommendation was approved to award contract No. 4848 (CCS) to
Summit Builders in the amount of $214,926 for the design and
construction of three vehicle storage facilities for the Water
Division, authorize the use of $44,750 from account
25-760-671-000-904 for design and construction projects, and
authorize the issuance of necessary change orders not to exceed
funds available and in conformance with Administrative
Instructions.
6-D: DOMESTIC WATER SUPPLY: A recommendation was approved to
authorize the City Manager to negotiate and execute Contract No.
4849(CCS) with Kennedy/Jenks/Chilton in the amount of $182,000 to
provide professional design services for additional treatment
capacity for the domestic water supply system.
6-E: CITY CLERK SALARY: Resolution No. 7336(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING A SALARY AND BONUS PAYMENT FOR THE POSITION OF CITY
CLERK," was adopted.
6-F: COMPREHENSIVE ANNUAL FINANCIAL REPORT: The Comprehensive
Annual Financial Report for the Fiscal Year ended June 30, 1986,
was received and filed.
6-G: GENERAL PLAN TEXT AMENDMENT/CM DISTRICT: A recommendation
was approved to continue the appeal filed by Peter de Krassel of
the Planning commission denial of the General Plan Text Amendment
to the eM District, permitting hotels south of Bay Street, from
November 25, 1986, to January 13, 1987.
END OF CONSENT CALENDAR
3
November 11, 1986
189
a-A: REDEVELOPMENT PLAN LIMITATIONS/OCEAN PARK, PACIFIC OCEAN
PARK, AND DOWNTOWN PROJECTS: Presented was a staff report
transmitting an ordinance for introduction and first reading
regarding the establishment of required limitation for
redevelopment plans for the Ocean Park 1 (a), Ocean Park 1 (b) ,
Pacific Ocean Park, and Downtown Redevelopment Projects.
Discussion was held. At 8: 05 p.m., the public hearing was I
declared opened. Wayne Hall spoke regarding problems with the
pico Kenter storm drain. There being no one else wishing to be
heard, the public hearing was declared closed. Councilmember
Conn moved to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING CERTAIN
LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR THE OCEAN PARK PROJECT
NO. lea) REDEVELOPMENT PROJECT, AS REQUIRED BY CALIFORNIA HEALTH
AND SAFETY CODE SECTION 3 3 3 3 3 . 4 ," reading by ti tIe only and
waiving further reading thereof. Second by Councilmember
Epstein. The motion was approved by the following vote:
Council vote: Affirmative: councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz, Zane
Negative: Mayor Reed
Mayor Reed requested the record to reflect that her no vote is
because she does not personally approve of the eminent domain
language.
Councilmember Conn moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR
THE OCEAN PARK PROJECT NO. 1 (b) REDEVELOPMENT PROJECT, AS
REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333. 4, "
reading by title only and waiving further reading thereof.
Second by Councilmember Epstein. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz, Zane
Negative: Mayor Reed
Mayor Reed requested the record to reflect that her no vote is
for the reason previously stated.
Councilmember Conn moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR
THE PACIFIC OCEAN PARK REDEVELOPMENT PROJECT AS REQUIRED BY
CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333. 4," reading by
title only and waiving further reading thereof. Second by
Councilmember Epstein. The notion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz, Zane
4
November 11, 1986
I
190
Negative: Mayor Reed
Mayor Reed requested the record to show that her no vote is for
the reason previously stated.
Councilmember Epstein moved to introduced for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR
THE DOWNTOWN REDEVELOPMENT PROJECT, AS REQUIRED BY CALIFORNIA
HEALTH AND SAFETY CODE SECTION 33333.4,11 reading by title only
and waiving further reading thereof. Second by councilmember
Conn. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
II-A: DONALD DOUGLAS MUSEUM/AIRPORT: Presented was a staff
report recommending authorization for the city Manager to
negotiate and execute an amendment to contract No. 4671(CCS) with
Supermarine of Santa Monica, which adds a parcel to the leasehold
in exchange for commi tment by Supermarine to construct a new
Donald Douglas Museum at the Airport. Discussion was held.
Councilmember Conn moved to approve the staff recommendation,
thereby authorizing the City Manager to negotiate and return to
Council for final approval an amendment to Contract No. 467l(CCS)
with Supermarine adding a parcel to the leasehold in exchange for
a commitment to construct a new Donald Douglas Museum at the
Airport. Second by councilmember H. Katz. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
Il-B: PREFERENTIAL PARKING ZONE: Presented was a staff report
regarding the status of preferential parking, recommending
direction to the City Attorney to prepare an ordinance
establishing a preferential parking zone on Bicknell Avenue,
Pacific street, strand Street, and Hollister Avenue between
Neilson Way and Ocean Avenue/Barnard Way, and instructing the
Planning staff to prepare an initial study and negative
declaration for the proposed expansion of Zone B. Discussion was
held. Member of the public Susan Peterson spoke in support of
preferential parking. Councilmember H. Katz moved to waive the
rules to hear from a member of the public who turned in a late
chit. Second by Councilmember A. Katz. The motion failed by a
vote of 4 to 3, councilmembers Epstein, Jennings and Reed
opposed. Discussion was held. Mayor Reed moved to approve the
staff recommendation, thereby instructing the city Attorney to
prepare an ordinance to expand Preferential Parking Zone B to
include Bicknell Avenue, Pacific street, strand Street and
Hollister Avenue between Neilson Way and Ocean Avenue/Barnard
Way, and instructing the Planning staff to prepare an initial
study and negative declaration for the proposed expansion of Zone
B. Second by Councilmember Epstein. The motion was approved by
the following vote:
council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, Zane, Mayor Reed
5
November 11, 1986
191
Negative: Councilmember H. Katz
ll-C: CITY USER FEES: Presented was a staff report recommending
authorization for the city Manager to negotiate a contract with
David M. Griffith and Associates to perform a comprensive review
of city user fees and to appropriate the necessary funds.
Discussion was held. Councilmember A. Katz moved to approve the
staff recommendation, thereby authorizing the city Manager to I
negotiate and execute Contract No. 4850(CCS) with David M.
Griffith and Associates to perform a comprehensive review of the
City's user fee structure, and appropriate $85,300 at account
number 01-110-205-000-506. Second by Councilmember H. Katz. The
motion was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Conn
Il-D: CLOSED SESSION: Presented later in the evening.
12-A: CONDITIONAL USE PERMIT/CONDOMINIUM SUBDIVISION AT 927
FIFTH STREET: Presented was a staff report recommending denial
of an appeal of the Planning Commission I s decision to approve
Conditional Use Permit 427 and Tentative Tract Map 44741 for a
6-unit condominium subdivision at 927 Fifth street. Discussion
was held. Marilyn Spivey, appellant, spoke in opposition to the
project due to parking problems. Discussion was held. Laurie B.
Heyman, representing the applicant, spoke in support of the
project and requested street access to the parking garage.
Discussion was held. Councilmember Epstein moved to deny the
appeal and approve Tentative Tract Map 44741 and Conditional Use
Permit 427 with the findings and conditions contained in the
October 6, 1986, Planning commission Statement of Official
Action. Second by Councilmember H. Katz. The motion was
approved by the following vote:
council vote: Affirmative: Councilmembers Conn, Epstein,
A. Katz, H. Katz, Zane, Mayor Reed
Negative: Mayor Pro Tempore Jennings
14-A: PIER RESTORATION CORPORATION: Presented was the matter of
appointment of seven members to the pier Restoration Corporation.
Nominations were declared opened. Councilmember H. Katz moved to
nominate Henry Custis, Ken Genser, Cheryl Rhoden, and Wayne
Wilson for three-year terms each, and defer the other
appointments to the meeting of December 9th. Second by
Councilmember Zane. Discussion was held. Councilmember H. Katz
moved to unanimously reappoint custis, Genser, Rhoden and Wilson
to 3-year terms. Second by Councilmember A. Katz. The motion
was unanimously approved. Therefore, Henry Custis, Ken Genser,
Cheryl Rhoden, and Wayne Wilson were reappointed to the pier
Restoration Corporation for terms ending November 14, 1989.
14-B: WOMEN- OR MINORITY-OWNED BUSINESS: Presented was the
request of Mayor Pro Tempore Jennings to discuss direction to
6
November 11, 1986
I
192
staff to report on the possible awarding of bids to the second
lowest bidder if a woman- or minority-owned business, continued
from October 28, 1986. Discussion was held. Mayor Pro Tempore
Jennings introduced discussion. Councilmember Zane moved to
direct staff to evaluate the WHBE program and provide Council
with an analysis of policy options available. Second by Mayor
Pro Tempore Jennings. Discussion was held. The motion was
unanimously approved.
14-C: AUTOMOBILE REPAIR BUSINESSES/LINCOLN BOULEVARD: Presented
was the request of Councilmembers A. Katz and H. Katz to discuss
the request that staff and the Planning Commission study the
concept of restricting the automobile repair business within one
block on specific areas on Lincoln Boulevard to alleviate
automobile and noise congestion. Councilmember A. Katz
introduced discussion and moved to instruct staff, along with the
Planning Commission, to study the concept of restricting
automobile repair businesses within a specific area along Lincoln
Boulevard and report back to Council. Second by Councilmember H.
Katz. There being no objection, it was added this be dealt with
in the context of the Zoning Ordinance. Discussion was held.
The motion was unanimously approved, Councilmember Zane absent.
14-D: POLLUTION IN THE BAY: Presented was the request of Mayor
Reed to discuss support of the U. S . Department of Justice and
EPA in a lawsuit against Chevron Oil Company to protect the bay
from further pollution by coastal industries and storm drain
outflows. Mayor Reed introduced discussion and moved for council
to concur with the City of Hermosa Beach and support them in the
manner recommended in their letter which is essentially through
communication with the County and the u.s. Government. Second by
Councilmember Conn. Discussion was held. The motion was
unanimously approved, Councilmember Zane absent.
14-E: PROTECTION OF VIEW FROM ADELAIDE DRIVE: Presented was the
request of Mayor Reed to discuss direction to staff to initiate
the necessary work to provide for protection of the view from
Adelaide Drive. Mayor Reed introduced discussion. Mayor Pro
Tempore Jennings moved to hear from a member of the public
wishing to be heard. Second by Councilmember A. Katz. The
motion failed. Discussion was held. Mayor Reed moved to direct
staff to continue in their efforts to support the neighbors and
authorize them to appear in hearings having to do with view
blockage from the public right of way on Adelaide Drive, and
further indicate that we should coordinate with Los Angeles City
Councilman Braude's office in this area. Second by Councilmember
A. Katz. The motion was unanimously approved, Councilmember Zane
absent.
14-F: WATER BOARD HEARING ON SANTA MONICA BAY: Presented was
the request of Mayor Reed to report regarding the Regional Water
Quality Control Board hearing on Santa Monica Bay. Mayor Reed
presented an outline of her testimony. Discussion was held.
14-G: NEIGHBORHOOD NOTIFICATION FOR PROPOSED DEVELOPMENTS:
Presented was the request of Councilmember H. Katz to discuss a
7
November 11, 1986
193
mechanism by which the City can notify neighborhoods of proposed
developments and the developer pay the cost. councilmember H.
Katz introduced discussion and moved to hear from a member of the
public wishing to be heard. Second by Councilmember A. Katz.
The motion failed. Discussion was held. Councilmember Zane
moved to ask staff to prepare for Council a memo detailing the
city's current notification policies and procedures, what the
trigger points are, what the radiuses are, who within that radius
is affected, who pays, and include any suggestions staff may have
for discussion purposes. Second by Councilmember A. Katz.
Discussion was held. The motion was unanimously approved.
l4-H: THIRD STREET DEVELOPMENT CORPORATION: Presented was the
matter of acceptance of a letter of resignation from John
Blumthal of the Third Street Development Corporation and
authorization to the City Clerk to publish a notice of vacancy.
Councilmember Conn moved to accept Mr. Blumthal 's resignation
with regret and authorize the city Clerk to publish a notice of
vacancy. Second by Councilmember Epstein. Discussion was held.
The motion was unanimously approved.
l4-I: ELECTION CAMPAIGN LITERATURE: Presented was the request
of Mayor Pro Tempore Jennings to discuss the matter of election
campaign literature. Mayor pro Tempore Jennings introduced
discussion and moved the following: 1) the City Attorney is
directed not to give any opinions concerning state or local law
to private citizens merely upon their request, 2) that any
communications with campaigns concerning election matters of
general interest are to go through the city Clerk and be
communicated equally to all campaigns involved in that election,
and 3) that opinions rendered by the City Attorney to
councilmembers on matters of general interest should be
communicated equally to all other Councilmembers. Second by
Mayor Reed. Discussion was held. Councilmember Epstein moved to
table the matter. Second by councilmember Conn. The motion to
table was approved by a vote of 6 to 1, Mayor Pro Tempore
Jennings opposed.
l4-J: PROPOSITION 63/ENGLISH AS OFFICIAL LANGUAGE: The request
of Councilmember Epstein to discuss implications for the City of
compliance with Proposition 63 (English as official language) was
withdrawn at the request of councilmember Epstein.
11-D: CLOSED SESSION: Presented was a request for Closed
Session to consider personnel matters and threatened litigation,
pending litigation, and litigation to be commenced by the City.
At 9:58 p.m., Councilmember Conn moved to retire to Closed Sesion
to consider the following cases: California Aviation v. City of
Santa Monica, Los Angeles Superior Court Case No. C 306538 and
city of Santa Monica v. California Aviation, Los Angeles Superior
Court Case No. C 549178; Santa Monicans for Reasonable Growth v.
City of Santa Monica et al., Los Angeles Superior Court Case No.
e 583600; Martin and Cynthia Ratner et al. v. city of Santa
Monica, Los Angeles Superior Court Case No. C 605398; Jones v.
city of Santa Monica et al., Santa Monica Superior Court Case No.
WEC 100365; Stark v. City of santa Monica, et al., Los Angeles
s
November 11, 1986
I
I
194
Superior Court Case No. C 404504; and Millstein v. City of Santa
Monica, Santa Monica superior court Case No. WEC 96624. Second
by Mayor Reed. The motion was unanimously approved. At 10: 24
p.m., council reconvened with six members present, Councilmember
H. Katz absent.
Councilmember
Millstein v.
Councilmember
vote:
Council vote:
Zane moved to approve settlement in the case of
City in the amount of $5,500. Second by
Conn. The motion was approved by the following
Unanimously approved 6-0
Absent: Councilmember H. Katz
ADJOURNMENT: At 10: 25 p.m., Counci1member Epstein moved to
adjourn the meeting in memory of Beullah sippie Wallace, one of
the great Blues musicians of this century. Second by
Councilmember Conn. The motion was unanimously approved.
ATTEST:
~YJ;
Ann M. Shore
City Clerk
APPROVED:
U:L~-- ~ ~- t~~
~/Christine E. Reed
Mayor
9
November II, 1986