M-6/13/1989
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 13, 1989
A regular meeting of the Santa Monica city Council was called to
order by Mayor Zane at 6:10 p.m., on Tuesday June 13, 1989, in
the Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
(arrived during Closed Session)
councilmember Judy Abdo
Councilmember Ken Genser
Councilmember william H. Jennings
Councilmember Herbert Katz
Councilmember Christine E. Reed
Also Present: city Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
CLOSED SESSION: At 6:11 p.m., council adjourned to Closed
Session for the purpose of considering personnel matters and
litigation. At 7:38 p.m., Council reconvened with all members
present. No action was announced from Closed Session.
Councilmember Jennings led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
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 Katz
moved to approve the Consent Calendar with the exception of Item
6-N} reading ordinances and resolutions 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-A: MINUTES APPROVAL: The City Council minutes of May 2, May
9, and May 16, 1989, were approved as presented.
6-B: PARKING METER RATES/PARKING METERS ON VARIOUS CITY STREETS:
Ordinance No. 1482 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA
MUNICIPAL CODE SECTIONS 3393A, 3393B, 3393C, 33930, 3393E, AND
3393F AND REPEALING MUNICIPAL CODE SECTION 3393G INCREASING
PARKING METER RATES AND AUTHORIZING PARKING METERS TO BE PLACED
ON VARIOUS CITY STREETS,1t was adopted, thereby increasing parking
meter rates and authorizing parking meters to be placed on
various City streets, introduced May 23, 1989.
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6-C: POWERS AND PROCEDURES FOR ISSUING REVENUE BONDS: Ordinance
No. 1483(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
2651 TO SPECIFY THE POWERS AND PROCEDURES FOR THE ISSUANCE OF
REVENUE BONDS," was adopted, introduced May 30, 1989.
6-0: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7820 (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
SIDEWALKS, DRIVEWAYS AND CURBS (SR-89-l40j141)," was adopted,
thereby setting a public hearing for July 11, 1989.
6-E: GRANT OF EASEMENT/ELECTRICAL FACILITIES/SOUTHERN CALIFORNIA
EDISON: Resolution No. 7821(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF
A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF
ELECTRICAL FACILITIES AT GUNNELL AVIATION, 3000 31ST STREET," was
adopted.
6-F: TRAFFIC SIGNALS AND VARIOUS LOCATIONS: Resolution No.
7822 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING SUPPLEMENT NO. 13 TO THE LOCAL
AGENCY/STATE AGREEMENT NO. 07-5107 FOR FEDERAL-AID FUNDS FOR THE
INSTALATION OF NEW TRAFFIC SIGNALS AND UPGRADING OF EXISTING
SYSTEMS AT VARIOUS LOCATIONS (PHASE III)," was adopted.
6-G: PACTEL CELLULAR LEASE/CHARNOCK WATER WELL FIELS: A
recommendation to authorize the City Manager to negotiate and
execute Contract No. 5343 (CCS ) with PacTel Cellular for the 15
year lease of a 2 f 500 square foot section of property at the
Charnock Water Well Field was approved.
6-H: JANITORIAL SERVICES/TRANSPORTATION DEPARTMENT: Bid No.
2218 was awarded to Pacific Sun Maintenance at specified unit
prices to provide janitorial services for a one-year period for
the Transportation Department.
6-1: ELECTRICAL SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2219 was
awarded to Associated of Los Angeles, as the lowest and best
bidder, at specified unit prices to furnish and deliver wire
markers, nipples, nut locks/wire and miscellaneous electrical
supplies for various departments.
6-J: ELECTRICAL SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2220 was
awarded to Associated of Los Angeles, as the lowest and best
bidder, at specified unit prices to furnish and deliver circuit
breakers, ballasts, fuses and miscellaneous electrical supplies
for various departments.
6-K: ELECTRICAL SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2223 was
awarded to Brandon Industrial, as the lowest and best bidder, at
specified unit prices to furnish and deliver bushings, caps,
couplings, plugs and elbows for various departments.
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6-L: PLUMBING SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2224 was
awarded to Bay Area Pipe & Supply, as the lowest and best bidder,
at specified unit prices to furnish and deliver galvanized
nipples at specified unit prices for various departments.
6-M: LUMBER SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2230 was
awarded to Southland Lumber and Supply Co., as the lowest and
best bidder, at specified unit prices to furnish and deliver
lumber and lumber supplies for various departments.
6-0: IN-STATE PARKING CITATION PROCESSING: A recommendation to
authorize the city Manager to negotiate and execute Contract No.
5345 (CCS) with Turbo Data Systems, Inc., for the processing of
in-state parking citations was approved.
6-P: SANTA MONICA COLLEGE FIREWORKS DISPLAY:
to approve the Santa Monica College fireworks
IIGrand Summer Nights" concert series on July
and September 9, 1989 was approved.
A recommendation
display for their
1, 1989, July 29,
END OF CONSENT CALENDAR
6-N: SANTA MONICA CHILD CARE MASTER PLAN CONTRACT: Presented
was a staff recommendation to authorize the city Manager to
negotiate and execute a contract with Moore, Iacofano & Goltsman
to prepare the Santa Monica child care master plan. Member of
the public Joy Fullmer addressed Council regarding child care.
Mayor Pro Tempore Finkel moved to approve the staff
recommendation, thereby authorizing the City Manager to negotiate
and execute Contract No. 5344 (CCS) in an amount not to exceed
$60,000.00 with Moore Iacofano Gol tsman to prepare the Santa
Monica Child Care Master Plan. Second by Councilmember Abdo.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
7-A: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff
report transmitting a resolution and a public hearing on the
assessment of costs to repair damaged sidewalks, driveways and
curbs. At 7: 47 p.m., Mayor Zane declared the public hearing
opened. There being no one wishing to speak, Mayor Zane declared
the public hearing closed. Councilmember Katz moved to approve
the staff recommendation, thereby adopting Resolution No.
7823 (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-89-136/137)," reading by title only and waiving further
reading thereof; acknowledging a letter of protest received from
Mr. Kendall B. Smith and referring the protest to the City
Attorney's Office: and acknowledging any protests that may be
received. Second by Councilmember Reed. Discussion was held.
The motion was approved by the following vote:
Council vote: unanimously approved 7-0
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8-A: EMERGENCY ORDINANCE EXTENDING RESIDENTIAL MORATORIUM:
Presented was a staff report transmitting an emergency ordinance
for introduction and adoption extending moratorium on residential
development in the area bounded by Ocean Avenue, 14th Street,
wilshire Boulevard, and Montana Avenue. Council asked questions
of staff. At 8:07 p.m., Mayor Zane declared the public hearing
open. Linda Wilson, Allen Zahner, Ken Breisch, Betty Bunnell,
CoCo Reynolds, Peter Berke, and Suzanne Abrescia spoke in support
of adopting the ordinance extending the moratorium.
Councilmember Katz moved to hear from members of the public who
submitted late requests to address Council. Second by
councilmember Genser. The motion was unanimously approved. Joy
Fullmer, Archie Arzooyan, Carolyn Guillot, Karl Schober, Ron
samson, and Saul Nehorayan spoke in opposition to the ordinance
extending the moratorium. There being no one else wishing to
speak, Mayor Zane declared the public hearing closed at 8:48 p.m.
Discussion was held. Councilmember Abdo moved to approve the
staff recommendation to introduce and adopt an Emergency
Ordinance No. 1484 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE MORATORIUM ON
RES IDENTIAL DEVELOPMENT IN THE AREA BOUNDED BY OCEAN AVENUE,
MONTANA AVENUE, THE EAST SIDE OF 14TH STREET AND WILSHIRE
BOULEVARD FOR SIX MONTHS IN ORDER TO ALLOW PREPARATION OF
MODIFIED DEVELOPMENT STANDARDS FOR THE AREA AND ADOPTION OF
CONTROLS ON TIMING OF CONSTRUCTION OF DEVELOPMENT PROJECTS
APPROVED IN THE AREA," reading by title only and waiving further
reading thereof, thereby directing staff to work with a taskforce
of residents from the North of Wilshire district to develop a
plan to limit construction permits and create new development and
design standards for the area, to be completed by the end of the
six-month period of the moratorium, and that the option of
down-zoning the area remain open during the course of the study.
Second by Councilmember Genser. Councilmember Genser moved to
amend the motion to include in the study, an investigation of
policies that might help to preserve board and care homes and
convalescent homes in the area. The amendment was accepted as
friendly by the maker of the motion. Councilmember Katz moved to
amend the motion to include an examination of alternative
construction activities to alleviate some of the adverse impacts
caused by construction in the neighborhood, and that the
discussions regarding the plan for future development in the
neighborhood include everyone who is directly affected by any
changes to the zoning. The amendment was accepted as friendly by
maker of the motion. The motion was approved by the fOllowing
vote:
Council vote: Affirmative: Councilmembers ADdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Negative: Councilmember Reed
Councilmember Reed requested the record to reflect that her
reason for voting "no" is that she does not believe that the
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continuance of the moratorium effort will significantly address
the problems that have been stated.
At 9:20 p.m., Council recessed for a short break. At 9:40 p.m.,
Council reconvened with all members present.
8 - B: ORDINANCE ESTABLISHING PROGRAM lO CONDITIONS: Presented
was a staff report transmitting an ordinance for introduction and
first reading establishing Program 10 conditions. At 9:45 p.m.,
Mayor Zane declared the public hearing opened. Joy Fullmer
expressed her concerns regarding Program 10. Suzanne Abrescia
and Peter Berke spoke in support of the ordinance implementing
Program 10. There being no one else wishing to speak, Mayor Zane
declared the public hearing closed at 9: 51 p.m. Councilmember
Abdo moved to approve the staff recommendation, thereby
introducing for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING PROGRAM 10 CONDITIONS, II reading by title only and
waiving further reading thereof. Second by Councilmember Genser.
The motion was approved by the following vote:
Council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Mayor Zane
Negative: councilmembers Jennings, Katz, Reed
Councilmember Reed requested that the record reflect that her
reasons for voting are the same as those she expressed at the
City Council of May 30, 1989.
8 -C : INTERSTATE AND INTERNATIONAL TELEPHONE COMMUNICATION TAX:
Presented was a staff report transmitting an ordinance for second
reading and adoption amending Santa Monica Municipal Code Section
6621 to impose a tax on interstate and international telephone
communication, introduced on May 23,1989. Councilmember Genser
moved to hear from members of the public requesting to speak on
this item. Second by Mayor Zane. The motion was unanimously
approved. Member of the public Kit Galloway spoke in opposition
to the proposed ordinance. Mayor Pro Tempore Finkel moved to
approve the staff recommendation and adopt ordinance No.
1485 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
6621 PERTAINING TO THE TELEPHONE USERS I TAX," reading by title
only and waiving further reading thereof. Second by
Councilmember Reed. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Reed, Mayor Zane
Negative: Councilmember Katz
Councilmember Katz requested that the record reflect that his
reason for voting IInoll is that he thinks that communication is
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precious, and that it is one of the things that we can help our
whole society with, and that he does not want to hurt the people
who can least afford it. Mr. Katz feels that if you can get more
people to use communications and stay at home that would be one
of the ways to start sOlving traffic problems, and that the city
should encourage as much use of communications as it can.
8-D: DEVELOPMENT AGREEMENT/SANTA MONICA COLLEGE PARKING
STRUCTURES: A staff report transmitting an ordinance for
introduction and first reading regarding development agreement
wi th Santa Monica College for the construction of two parking
structures, and certification of Final Environmental Impact
Report for the project, was continued to the city Council meeting
of June 20, 1989, at the request of staff.
11-A: SANITATION SERVICE FEES: A recommendation to approve the
solid waste management plan and adopt a resolution revising the
fees charged for general city sanitation services, sanitation bin
rental and roll-out services was continued to the city council
meeting of June 20, 1989, at the request of staff.
11-B: INCREASED SEWER SERVICE CHARGES/HYPERION CAPITAL
IMPROVEMENT COSTS: Presented was a staff report recommending the
adoption of a resolution increasing sewer service charges, and
the consideration of bonding options to pay for Hyperion capital
improvement costs. Council asked questions of staff. Member of
the pUblic Joy Fullmer expressed her concerns regarding the
increased sewer charges. Mayor Pro Tempore Finkel moved to
approve the staff recommendation, thereby directing staff to
return to Council with bonding option recommendations within 90
daysj and adopting Resolution No. 7824(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
INCREASING THE SEWER SERVICE CHARGE, U reading by title only and
waiving further reading thereof. Second by Councilrnemher Katz.
Councilmember Reed moved to amend the motion to include a request
that staff provide Council with regular reports on the activities
of the Hyperion Oversight Committee with regard to the
expenditures by the City of Los Angeles at the Hyperion
Treatment Plant. The amendment was accepted as friendly by the
maker and second of the main motion. The motion to approve the
staff recommendation and adopt the resolution was aproved by the
following vote:
Council vote: Unanimously approved 7-0
ll-C: MARINE PARK CHILD CARE CENTER: A staff report
transmitting recommendations regarding the operation of Marine
Park Child Care Center was continued to the city council meeting
of June 20, 1989, at the request of staff.
Il-D: AGREEMENT WITH LOS ANGELES COUNTY/LIFEGUARD SERVICES:
Presented was a staff report transmitting a recommendation to
authorize the City Manager to negotiate and execute an agreement
with Los Angeles County for lifeguard services. Council asked
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questions of staff. During discussion, Council directed the
staff of Risk Management, the city Attorney's Office and the Arts
Commission to review the signing on the beach and expand it, if
necessary, in appropriate locations, to advise the public
regarding City regulations or hazards.
Mayor Pro Tempore Finkel moved to extend the meeting to 12: 00
a . m. Second by councilmember Abdo. The motion was approved,
Councilmember Jennings opposed.
Mayor Pro Tempore Finkel moved to approve the staff
recommendation, thereby authorizing the city Manager to negotiate
and execute Contract No. 5346 (CCS) for lifeguard services with
the County of Los Angeles for the fiscal years of 1989-90 to
1992-93. Second by Councilmember Katz. The motion was approved
by the following vote:
Council vote: Unanimously approved 7-0
Il-E: CLOSED SESSION: Held at the end of the meeting.
l3-A: REQUEST OF STEPHAN TOMPKINS/AUDITORIUM RENTAL
FEE/ALTERNATE PARADE ROUTE: Presented was the request of Stephan
Tompkins to address Council regarding waiving Auditorium's rental
fee for Reggae/African event and permission to alter the parade
route. Mr. Tompkins requested that the consideration of his
request to al ter the parade route be continued to the first
council meeting in July. Council indicated to Mr. Tompkins that
they would be unable to approve his request for a parade during
the Labor Day weekend, and referred Mr. Tompkins request to
staff.
13-B: REQUEST OF SUZANNE ABRESCIA/LATE PAYMENT OF TENANT
RELOCATION ASSISTANCE: Presented was the request of Suzanne
Abrescia to address Council regarding landlords late payment of
tenant relocation assistance. Mayor Pro Tempore Finkel moved to
direct the City Attorney's Office to re-examine the Tenant
Relocation Ordinance and the manner in which the program has been
implemented, in order to develop ways to tighten the ordinance so
that it is complied with more rigorously. Second by
Councilmember Reed. The motion was unanimously approved.
13-C: MEA PROPOSAL: The request of Paul Worthman to address
Council regarding the Municipal Employees Association contract
proposal was withdrawn at the request of the MEA.
l4-A: CONFERENCE ON STORM DRAIN SOLUTIONS: The request of Mayor
Zane to discuss City sponsorship of conference on storm drain
solution was continued to the City Council meeting of June 20,
1989, at the Mayor's request.
14-B: ZERO-NET SEWAGE GROWTH; The request of Mayor Zane to
discuss developing a program for zero-net sewage growth was
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continued to the city council meeting of June 20, 1989, at the
Mayor's request.
l4-C: SB l402/AIRCRAFT MAINTENANCE OPERATIONS/LIABILITY
INSURANCE: Presented was the request of Councilmember Katz to
discuss opposition to Senate Bill 1402 (Campbell) which denies
municipalities the right to regulate aircraft maintenance
operations and set liability insurance requirements for aircraft
maintenance. Councilmember Katz initiated discussion and moved
to request that Council express their opposition to the proposed
legislation and to instruct the City's lobbyist to actively work
to defeat the measure. Second by Councilmember Reed. The motion
was unanimously approved.
14-D: RELOCATION OF HOMELESS TO CITY HALL: The request of
councilmember Jennings to discuss relocation of homeless to City
Hall was continued to the City council meeting of June 20, 1989,
at the request of Councilmember Jennings.
14-E: CALIFORNIA DESERT PROTECTION ACT: Presented was the
request of Mayor Zane to discuss adoption of a resolution
supporting Sll (Cranston) and HR780 (Levine), the California
Desert Protection Act. Mayor Zane moved to adopt Resolution No.
7825 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA IN SUPPORT OF THE CALIFORNIA DESERT
PROTECTION ACT AND URGING SUPPORT OF THE CALIFORNIA CONGRESSIONAL
DELEGATION ," reading by title only and waiving further reading
thereof. Second by Councilmember Katz. The motion was
unanimously approved.
l4-F: COUNCIL TRAVEL FUNDS/CENTER FOR INNOVATIVE DIPLOMACY/JULY
21-22: Presented was the request of Mayor Zane for approval to
use budgeted travel funds to attend July 21-22 conference
sponsored by the Center for Innovative Diplomacy. Mayor Zane
initiated discussion. Councilmember Reed moved to approve the
use of council travel funds for the Mayor, Mayor Pro Tempore, and
other Councilmembers who wish to attend. Second by Councilmember
Katz. The motion was unanimously approved.
l4-G: COUNCIL CHAMBERS FEE/SANTA MONICA YMCA: Presented was the
request of Mayor Zane to discuss waiving the fee for the use of
the Council Chambers by Santa Monica YMCA on the first Friday
evening each month from October, 1989 through February, 1990.
Councilmember Katz moved to approve the request to waive the
Council Chambers fee. Second by Councilmernher Reed. The motion
was unanimously approved.
l4-H: COUNCIL CHAMBERS FEE/CLARE FOUNDATION: Presented was the
request of Mayor Zane to discuss waiving the fee for the use of
the council Chambers by the CLARE Foundation for two days in
September. Mayor Zane moved to approve the request to waive the
Council Chambers fee. Second by Councilmember Katz. The motion
was unanimously approved.
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14-1: COUNCIL CHAMBERS FEE/STATE LANDS COMMISSION: Presented
was the request of Mayor Zane to discuss waiving retroactively
fee for use of Council Chambers by State Lands Commission June 7,
1989. councilmember Jennings moved to approve the request to
waive the Council Chambers fee. Second by Councilmember Katz.
The motion was unanimously approved.
l4-J: ST. MONICA'S PARISH OCTOBERFEST lO-K RUN: The request of
Councilmember Reed to discuss appeal of the denial of st.
Monica's parish to hold Octoberfest lO-K Run was continued to the
City Council meeting of June 20, 1989, at the request of
Councilmember Reed.
Councilmember Genser moved to add the following emergency items
(14-K and 14-L) to the Council agenda for consideration. Second
by Mayor Pro Tempore Finkel. The motion was unanimously
approved.
14-K: COUNCIL TRAVEL FUNDS/NATIONAL LEAGUE OF CITIES HOUSING
CONFERENCE: Presented was the request of Mayor Zane to discuss
an invitation to Participate in the National League of cities
Housing Conference in Chicago on Friday, June 30, 1989, and
request for Council allocation of travel funds. Mayor zane
initiated discussion. Mayor Pro Tempore Finkel moved to approve
the allocation of travel funds. Second by Councilmentber Katz.
The motion was unanimously approved.
l4-L: COUNTY PROPOSALS FOR THE BURKE HEALTH CENTER: Presented
was the request of Mayor Zane to discuss County proposals to move
the Department of Public Social Services General Relief Service
from the Westside, and to discontinue the Out-patient Medical
Clinic for the medically indigent from the Burke Health Center in
Santa Monica. Mayor Zane initiated discussion and moved to
communicate the the County of Los Angeles, the city Council's
opposition to these proposals in their budget. Second by Mayor
Pro Tempore Finkel. The motion was unanimously approved.
ll-E: CLOSED SESSION: At ll:35 p.m., Council adjourned to
Closed Session for the purpose of considering the fOllowing
litigation: Reinharz v. City of Santa Monica, Santa Monica
Superior Court Case No. WEC ll6 891. At 12: 15 a.m., Council
reconvened with councilmembers Abdo, Jennings, Reed, and Mayor
Zane present. Councilmember Jennings moved to approve a
settlement in the amount of $40,000. Second by Councilmember
Reed. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Jennings, Reed,
Mayor Zane
Absent: councilmembers Finkel, Genser, Katz
15. PUBLIC INPUT: There were no members of the public wishing
to speak.
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225
ADJOURNMENT: At 12:15 a.m., the Council meeting was adjourned to
6:00 p.m., Tuesday June 20, 1989.
ATTEST:
APPROVED:
~f~
Clarice E. Johnsen
City Clerk
p-, -; 7eJ
~
Dennis Zane ""
Mayor
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June 13, 1989