M-9/23/1986
149
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 23, 1986
A meeting of the Santa Monica City Council was called to order by
Mayor Reed at 7:00 p.m. on Tuesday, September 23, 1986, in the
Council Chambers.
Roll Call: Present: Mayor Christine E. Reed
Councilmember David G. Epstein (entered
after Roll Call)
Mayor Pro Tempore William H. Jennings
councilmember Alan S. Katz (entered at
7:20 p.m.)
Councilmember Herbert Katz
Councilmember Dennis Zane
Absent: Councilmember James P. Conn
Also Present: city Manager John Jalili
City Attorney Robert M. Myers
City Clerk Ann M. Shore
At 7:01 p.m., it was moved and duly seconded to adjourn to Closed
Session. The motion was unanimously approved.
CLOSED SESSION: A Closed Session, called by Special Notice, was
held for the purpose of considering personnel matters and
threatened litigation, pending litigation, and litigation to be
commenced by the city. At 7: 30 p. m., council reconvened, wi th
all members present except councilmember Conn. After convening
the regular meeting, Mayor Reed announced that no action had been
taken during Closed Session and that it had adjourned at 7: 30
p.m.
REGULAR COUNCIL MEETING
A meeting of the Santa Monica City Council was called to order by
Mayor Reed at 7:32 p.m. on Tuesday, September 23, 1986, in the
Council Chambers. Councilmember Zane led the assemblage in the
pledge of allegiance to the United States of America. Reverend
Robin Lee DeFrance, Calvary Baptist Church, offered the
invocation.
Roll Call: Present: Mayor Christine E. Reed
Mayor Pro Tempore William H. Jennings
Councilmember James P. Conn
(entered at 7:34 p.m.)
Councilmember David G. Epstein
Councilmember Alan S. Katz
Councilmember Herb Katz
Councilmember Dennis Zane
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Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Ann M. Shore
councilmember A. Katz moved to add late Items 13-0, 14-H, 14-I,
and l4-J to the Agenda. Second by Councilmember H. Katz. The
motion was unanimously approved.
4-A: EMPLOYEE SERVICE PINS: Presented was the award of service
pins to the following employees for their dedication and service
to the City: John Almeida, Motor Coach Operator, 35 years;
Arnold Brenner, Transportation Mechanic, 35 years; Linnie
Holland, Transportation Mechanic Supervisor, 25 years; and John
Widich, Motor Coach Supervisor, 25 years.
4-B: LITTER RIDDER CAMPAIGN: Mayor Reed presented awards to
winners of the "Litter Ridder Campaignll: Melody Valenzuela, Eric
Gruzen, and Wendy Raymundo.
4-C: MOSQUITO ABATEMENT DISTRICT: The City Clerk announced that
applications are invited to fill a vacancy on the Los Angeles
County West Mosquito Abatement District, appointment to be made
at the Council meeting to be held October 14, 1986.
5-A: FILM PERMIT PROCESS: Presented was the request of Mayor
Reed to discuss participation in a coordinated area-wide film
permit process, continued from September 9, 1986. Discussion was
held. Councilmember Zane moved to refer to staff the request
from SCAG (Southern California Association of Governments) to
participate in establishing a regional one-stop film permit
office, identify what is appropriate to include within our own
policies, make recommendations, and return to Council in 30 days.
Second by Mayor Reed. There being no objection, it was so
ordered.
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 Epstein
moved to approve the Consent Calendar, reading resolutions and
ordinances by titles only and waiving further reading thereof.
Second by Councilmember Conn. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The minutes of the meetings held August
26, and September 9, 1986, were approved.
6-8: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 7304 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY", was
adopted, thereby terminating the local emergency called on March
1, 1983, a condition of peril caused by storm, high tides, and
heavy surf, such conditions now deemed to be within the control
of normal protective services, personnel, equipment and
facilities of the City.
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6-C: NARCOTICS ENFORCEMENT PROGRAM: Resolution No. 7305 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ENDORSING THE LOS ANGELES COUNTY DISTRICT ATTORNEY'S
OFFICE NARCOTICS ENFORCEMENT PROGRAM," was adopted.
6-D: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No.
7306 (CCS) enti tIed: .. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 7274 AND 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-8 6 -87) , II was adopted, thereby setting a
public hearing for October 14, 1986.
6-E: PHYSICALLY HANDICAPPED PARKING: Resolution No. 7307 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE ADJACENT TO 2229
25TH STREET," was adopted.
6-F: FINAL TRACT MAP 44039/CONDOMINIUM AT 1024 BAY STREET:
Resolution No. 7308 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 44039, II was adopted for a 6-uni t
condominium project at 1024 Bay street.
6-G: OCEAN PARK BEACH PLAN GRANT APPLICATION: Resolution No.
7309(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER
THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND
RECREATIONAL FACILITIES ACT OF 1984 FOR DEVELOPMENT OF THE OCEAN
PARK BEACH PLAN," was adopted.
6-H: INDUSTRIAL WASTEWATER CONTROL: Ordinance No. 1387 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTIONS 5409 AND 5410 OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO THE CITY'S INDUSTRIAL WASTEWATER
CONTROL PROGRAM, II introduced September 9, 1986, was adopted,
thereby providing for civil penalties when a discharger fails to
provide notice of uncontrolled discharges as required.
6-1: CITY VEHICLE STORAGE FACILITIES: A recommendation was
approved to reject the sole bid for the design and construction
of three City vehicle storage facilities and authorize staff to
readvertise the project.
6-J: EIR/SANTA MONICA BEACH HOTEL/ONE PICO BOULEVARD: A
recommendation was approved to authorize the City Manager to
enter into Contract No. 4810(CCS) with Bendix Environmental
Research, Inc., in the amount of $26,186 for preparation of an
Environmental Impact Report on the proposed Santa Monica Beach
Hotel, One Pico Boulevard.
END OF CONSENT CALENDAR
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 (SR-86-88).
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Discussion was held. The public hearing was declared opened at
7:50 p.m. There being no one wishing to be heard, Councilmember
H. Katz moved to close the public hearing. Second by
councilmember Epstein. The motion was unanimously approved.
Councilmember Epstein moved to acknowledge the written protest
and approve Resolution No. 7310 (CCS) entitled: IlRESOLUTION 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-86-88)," 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
7-B: VACATION OF WASHINGTON PLACE NORTH: Presented was a public
hearing regarding the proposed vacation of a portion of
Washington Place North between 24th Court and 25th street and a
staff report revised to recommend against the vacation upon
finding a sewer line in the alley that was not shown on the
city's map. Discussion was held. The public hearing was
declared opened at 7:55 p.m. There being no one wishing to be
heard, Councilmember H. Katz moved to close the public hearing.
Second by Councilmember Conn. The motion was unanimously
approved. No action was taken.
8-A: ELECTIONS CODE REVISIONS/NEWSLETTERS: Presented was a
staff report transmitting an ordinance for introduction and
adoption amending the City Elections Code relating to newsletters
during election periods, and including the Rent control Board
within its provisions. The pUblic hearing was declared opened at
8:00 p.m. There being no one wishing to be heard, the public
hearing was declared closed. Discussion was held. Councilmember
Epstein moved adoption of Ordinance No. l388(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 11208, 11212, 11213, AND 11214 OF THE SANTA
MONICA MUNICIPAL CODE," reading by title only and waiving further
reading thereof. Discussion was held. Second by councilmember
Zane. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
a-B: IN-LIEU FEE/HOUSING ELEMENT: Presented was a staff report
transmitting an ordinance for adoption and second reading
establishing an in-lieu fee option for Program 12 of the Housing
Element, introduced September 9, 1986. Councilmember Epstein
moved adoption of Ordinance No. 1389 (CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING IN-LIEU FEES FOR COMPLIANCE WITH PROGRAM 12 OF THE
HOUSING ELEMENT, fI reading by ti t1e only and waiving further
reading thereof. Second by Counci1member Conn. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz,
Mayor Reed.
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Negative: Councilmember Zane
9-A: FINAL MAP 17568/REVERSION TO ACREAGE/1808 17TH STREET:
Presented was a staff report recommending adoption of a
resolution approving Final Parcel Map No. 17568 reverting to
acreage Tract No. 40018 at 1808 17th street. Counci1member Zane
moved adoption of Resolution No. 7311(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVERTING TO ACREAGE TRACT 40018 AND ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 17568," reading by title only and
waiving further reading thereofi and entering into the record a
letter of protest. Second by Counci1member Epstein. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
9-B: CABLE FRANCHISE/THETA, GROUP W, AND CENTURY SOUTHWEST:
Presented was a staff report recommending adoption of a
resolution terminating the Community Antenna Television System
Franchise with Theta/Group W Cable for noncompliance, and denying
a franchise transfer from Group W to century Southwest
Communications. Discussion was held. The following persons
spoke in support of the franchise: Andrew Tow representing
century communications Corp., Bill Rosendahl and Day L. Patterson
representing Westinghouse Cable, Inc., Donald Schilling
representing Century, Gloria Flowers, Gary Hikiss, William
Koplovitz representing Group W Cable, and Coral Kerr. Kathryn
Montgomery and Alan Goldman spoke in opposition to the franchise.
Discussion was held. Councilmember Epstein moved to approve the
staff recommendation, thereby adopting Resolution No. 7312(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF SANTA MONICA
TERMINATING THE CITY'S COMMUNITY ANTENNA TELEVISION SYSTEM
FRANCHISE WITH THETA CABLE OF CALIFORNIA AND WITH GROUP W CABLE,
INC. FOR NONCOMPLIANCE WITH ITS TERMS AND DENYING THE REQUEST FOR
APPROVAL OF A FRANCHISE TRANSFER FROM GROUP W CABLE, INC. TO
CENTURY SOUTHWEST COMMUNICATIONS, INC., II reading by title only
and waiving further reading thereof, denying the requested
transfer to Century because of Group W's consistent failure to
provide the City with adequate information to perform the
extensive financial and technical analysis necessary to ensure
the City of Century's financial capability to operate the City's
cable system, and declaring the Theta/Group W cable franchise to
be terminated effective December 13, 1987, on each of the
following independent grounds: (1) The 1981 merger of
Teleprompter with Westinghouse without prior City approval
constitutes a breach of Section 7(d) of Ordinance No. 734(CCS)i
(2) The 1986 stock transfer from Westinghouse to the consortium
wi thout seeking City approval constitutes a breach of Section
7(d) of Ordinance No. 734(CCS)i and (3) Century's operation and
management of the Santa Monica cable system pursuant to a
management agreement with the consortium/Group W constitutes a
breach of Section 7 (d) of Ordinance No. 734 (CCS) . Second by
Councilmember H. Katz. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
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Counci1member Epstein moved to reaffirm the previous directive to
staff to proceed to develop a Request for Proposals for a
non-exclusive franchise for cable service in Santa Monica.
Second by Councilmember A. Katz. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
la-A: ARTS COMMISSION/ARTS FOUNDATION BY-LAWS AND BOARD OF
DIRECTORS: Presented was a recommendation of the Arts Commission
to amend the by-laws of the Arts Foundation to increase the
number of Board of Directors to 21 and appoint Laddie John Dill,
Fred Segal and Martin Gottl ieb. Discussion was held.
Counci1member A. Katz moved the staff recommendation, thereby
increasing the number of board members from 15 to 21 and
appointing Laddie John Dill, Fred Segal, and Martin Gottlieb to
the Board of Directors of the Arts Foundation of Santa Monica.
Second by Mayor Pro Tempore Jennings. The motion was approved by
the following vote:
Council vote: Unanimously approved 7-0
II-A: ECONOMIC DEVELOPMENT WORKING GROUP: Presented was a staff
recommendation regarding the creation of a Working Group on
Economic Development to enhance and regularize communication
between the City and the business co~munity on a wide range of
issues which impact economic development in the city. Discussion
was held. Councilmemher A. Katz moved the staff recommendation,
thereby authorizing the City Manager to establish a Working Group
on Economic Development to advise the city and staff on matters
relating to economic development, with the frequency of meetings
to be worked out by the task force and the City staff. Second by
Counci1member H. Katz. Discussion was held. The motion was
approved by the fallowing vote:
Council vote: Unanimously approved 7-0
II-B: PARK RANGER PROGRAM: Presented was a staff report
recommending approval of an appropriation of $44,924 for
expansion of the Park Ranger Program. Discussion was held.
councilmember Epstein moved approval of the staff recommendation,
thereby appropriating $44,924 from the General Fund Reserve to
Account 01-400-511-000-150 to expand the Park Ranger Program and
$500 from the General Fund Reserve to Account 01-400-511-000-272
for mileage reimbursement for the roving Park Ranger. Second by
Councilmember H. Katz. Discussion was held. with no objection
from the second, Counci1member Epstein incorporated into the
motion Councilmember Connls suggestion for staff to report back
in 60 days as to the progress on the pilot program for the parks,
during which the part-time park ranger will be functioning. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
ll-C: WATER SERVICE FEES: Presented was a staff report
recommending adoption of a resolution establishing miscellaneous
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fees related to water service, meter installation, and
collection. Discussion was held. Councilmember A. Katz moved
approval of the staff recommendation, thereby adopting Resolution
No. 7313 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING WATER SERVICE AND METER
INSTALLATION FEES AND MISCELLANEOUS WATER SERVICE COLLECTION
FEES," reading by title only and waiving further reading thereof; I
and adjusting the appropriate revenue accounts in the FY 86-87
budget to reflect a net budget change of $44,750. Second by
Mayor Reed. Discussion was held. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Conn, Jennings,
A. Katz, Mayor Reed
Negative: Councilmember Epstein
Absent: Councilmembers H. Katz, Zane
11-0: DEVELOPMENT AGREEMENT HOUSING OBLIGATIONS/COLORADO PLACE
LIMITED: Presented was a staff report requesting authorization
to negotiate and execute agreements imposing restrictions on real
property and acknowledging compliance with affordable housing
obligations under Contract Nos. 3719 (CCS) and 3790 (CCS) ,
Development and Compliance Agreements with Colorado Place
Limited, recognizing the development of ten affordable housing
units at 2405-07 4th street. Discussion was held. Councilmember
Conn moved approval of the staff recommendation, thereby
authorizing the City Manager and the City Attorney to negotiate
and execute contract No. 4811 (CCS), an agreement with Colorado
Place and Community Corporation of Santa Monica imposing
restrictions on real property for a ten unit project at 2405-07
4th Street, and Contract No. 4812(CCS), an agreement with
Colorado Place, Limited, acknowledging Compliance, terms
described in the staff report dated September 23, 1986. Second
by Councilmember A. Katz. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
ll-E: HAZARDOUS MATERIALS: Presented was a staff report
recommending direction to the City Attorney to prepare an
ordinance for hazardous materials incidents planning regulations,
and approvals regarding consultant funding and a fee structure.
Discussion was held. Councilmember A. Katz moved to approve the
staff recommendation, thereby (1) Directing the City Attorney to
prepare an ordinance to adopt Chapter 6.95 of the State Health
and Safety Code for final adoption by the January 27, 1987, City
Council meeting; 2. Appropriating $7,000 from the Wastewater
Fund (General Service share) to account number 31-500-661-000-506
and $13,000 from the General Fund (Police and Fire share) to
account number 01-500-401-000-506 to establish funding for the
consultant; and (3) Directing staff to develop a fee structure
to recover the costs of implementing this program; and including
in the motion Councilmember Zanets suggestion to send a copy of
the program and how it works to the Local Government Commission,
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and also solicit their advice. Second by councilmember Epstein.
Discussion was held. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
Il-F: CLOSED SESSION: Presented later in the evening.
12-A: MAIN STREET COMMERCIAL DISTRICT/HOTEL USE: Presented was
a staff report recommending setting a public hearing on November
25, 1986, to hear an appeal regarding Planning commission denial
of a proposed General Plan text amendment allowing hotels as
permitted use in the CM (Main street commercial) District south
of Bay Street. Discussion was held. Councilmember Epstein moved
to accept the appeal (and set a public hearing for November 25,
1986) but direct the staff, in the context of the staff report on
the appeal, to report to Council on the option of, instead of
amending the plan piecemeal, a process for considering Main
street issues so that Council can either accept the appeal at
that time or deny the appeal and, at the same time and in
response to the same public hearing, decide what, if anything to
do about the Main Street Plan. Second by Mayor Pro Tempore
Jennings. Discussion was held. councilmember H. Katz moved a
substitute motion to deny the appeal, set a hearing date certain,
November 25th, with the option that what council is trying to do
at that hearing is to set up a method for going back to the Main
Street people and the Main street Plan, and let them come back to
Council with a concept. Second by Councilmember Zane.
Discussion was held. Councilmember A. Katz moved to hear from
members of the public. Second by Mayor Reed. The motion failed
by a voice vote. Discussion was held. Councilmember A. Katz
moved an amendment to the substitute motion that the pUblic
hearing be set for October 28th. Discussion was held. Second by
Councilmember H. Katz. The amendment to the substitute motion
failed by the following vote:
council vote: Affirmative: Councilmembers Jennings, A. Katz,
H. Katz
Negative: Councilmembers Conn, Epstein, Zane,
Reed
The vote on the substitute motion to deny the appeal failed by
the fOllowing vote:
Council vote: Affirmative: Councilmembers A. Katz, H. Katz,
Zane
Negative: Councilmembers Conn, Epstein,
Jennings, Reed
Discussion was held.
following vote:
The original motion was approved by the
Council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, Reed
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Negative: Councilmembers H. Katz, Zane
Councilmember Epstein moved to continue the meeting to 11:30 p.m.
Second by Councilmember Conn. The motion was unanimously
approved.
12-B: CONDITIONAL USE PERMIT 428/RESTAURANT AT 2626 PICO I
BOULEVARD: Presented was an appeal of a Planning Commission
decision approving Development Review 337, Conditional Use Permit
428, permitting removal of a single story building and the
construction of a 1,484 square foot 50-seat addition to an
existing restaurant totall ing 2, 279 square feet with 7 0 seats.
Appellant: Gilbert Rodriguez, on behalf of Gilberto Rodriguez
Sr. Discussion was held. Councilmember Epstein moved to hear
from the appellant for 5 minutes, members of the public for 3
minutes each, and 3 minutes for rebuttal. Second by
Councilmember H. Katz. The motion was unanimously approved.
Gilbert Rodriguez, Jr., appellant, spoke to request modification
of some of the conditions for approval, specifically, that they
not be required to remove the existing rear entrance or that a
second entrance be allowed on the west side of the restaurant.
Albert Elzas, patricio Cucqui, and Fernando Rodriguez spoke in
support of the appeal. Dorothy Fitzsimons spoke in opposition to
the appeal. Bill Weingarden spoke to give testimony in support
of the restaurant. Councilmember Conn moved to extend the
meeting to 12 a.m. Second by Mayor Reed. The motion was
approved by a vote. Gilbert Rodriguez, in rebuttal, spoke in
support of the appeal. Councilmember H. Katz moved to close the
public hearing. Second by Councilmember A. Katz. The motion was
unanimously approved. Councilmember H. Katz moved to deny the
appeal and uphold the Planning Commission decision adopting the
findings and conditions contained in Attachment B of the staff
report dated September 23, 1986. Second by Mayor Reed.
Discussion was held. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
13-A: CIVIC AUDITORIUM RENTAL FEE: Presented was the request of
Don Sowers, Director, Santa Monica Junior Chamber of Commerce, to
address Council requesting a partial waiver of the Civic
Auditorium rental fee for the Annual Miss Santa Monica Pageant
scheduled on November 9, 1986. Mr. Sowers requested partial
waiving of the rental fee for the pageant. Discussion was held.
councilmember Epstein moved to receive and file the communication
(thereby denying the request). Second by Councilmember Conn.
The motion was unanimously approved.
l3-B: LOADING ZONE NEAR INFANT CENTER AT 1635 CENTINELA
AVENUE: The request of Dorothy Burnett to address Council
regarding loading and unloading zone to be located adjacent to
the Years to Grow Infant Center at 1635 centinela Avenue was
continued as a 5 item on October 14, 1986, pursuant to the
request of Ms. Burnett earlier in the meeting.
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l3-C: LATINO PARTICIPATION IN CIVIC AFFAIRS: The request of
Isabel Martin to address Council regarding Latino participation
in community and civic affairs was continued as a 13 item on
October 14, 1986, pursuant to letter requesting continuance.
l3-D: PLANNING COMMISSION: Presented was the request of Derek
Shearer (not present) to address Council regarding removal from
the Planning commission on September 9, 1986. Councilmember
Epstein moved to receive and file the communication. Second by
Mayor Reed. The motion was unanimously approved.
l4-A: CONVENTION AND VISITORS BUREAU: Presented was the matter
of appointment of a member to the Convention and visitors Bureau.
Nominations were declared open. councilmember Epstein moved to
appoint Charissa Lee by acclamation. Second by Councilmember H.
Katz. The motion was unanimously approved. Therefore, Charissa
Lee was appointed to the Convention and Visitors Bureau for a
term ending June 30, 1989.
14-B: PLANNING COMMISSION: Presented was the matter of
appointment of a member to the Planning Commission. Nominations
were declared open. Councilmember Epstein moved to appoint
Donald Lewin Nelson to the unexpired term by unanimous consent.
Second by Councilmember A. Katz. The motion was unanimously
approved. Therefore, Donald Lewin Nelson was appointed to the
Planning Commission for a term ending June 30, 1988.
14 -C: SEATING ON SOUTH BEACH PEDESTRIAN WALK: The request of
Mayor Reed to discuss plans for shaded seating on south Beach
Pedestrian Walk was continued to October 14, 1986 as a 5 item.
14-0: AVIATION SAFETY: Presented was the request of Mayor Reed
to discuss general aviation safety measures. Mayor Reed
introduced discussion and moved to direct the Airport commission
to consider and report back to Council regarding tie down rates
which have a discounted schedule, so that aircraft which are
fully equipped with altitude encoders and transponders and when
those devices are annually certified as operational, would pay a
tie-down rate less than aircraft not so equipped. Second by
Councilmember Epstein. Discussion was held. During discussion,
Mayor Reed included in the motion councilmember Epstein's
suggestion to ask the City Attorney for an opinion on the
legality of such a requirement. Discussion was held. The
motion, as amended, was unanimously approved.
Councilmember A. Katz moved to extend the meeting to 12:30 a.m.
Second by Mayor Reed. The motion was approved.
14-E: STUNT AIRCRAFT ACTIVITY: Presented was the request of
Mayor Reed to discuss stunt aircraft activity over the City.
Mayor Reed introduced discussion in regard to stunt aircraft over
the city on September 16, 1986, and the alarm caused people,
especially in view of the recent Cerritos plane crash. Mayor
Reed moved to express in the clearest possible, most direct terms
to Federal representatives council's total dismay and outrage
over the fact that some section of the FAA was so insensitive as
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September 23, 1986
159
to give a permit for this activity over populated areas, allowing
it to happen at night, and scaring people in this and other
communities. Second by Councilmernber Epstein. Discussion was
held. The motion was unanimously approved.
14-F: SUBSIDIZED ELDERLY HOUSING: The request of councilmernber
A. Katz to discuss direction to staff to report regarding owners
buying out of commitments to maintain elderly subsidized housing
was combined with Item 14-J and continued as a 5 item.
14-G: BOARD/COMMISSION APPLICATION FORM: Presented was the
request of Councilmember Epstein to discuss giving instruction to
the City Clerk to modify the city Board and Commission
application. Councilmember Epstein introduced discussion and
moved to direct the Clerk to prepare an appropriate revised form
and submit it to Council. Second by Councilmember H. Katz. The
motion was unanimously approved.
l4-H: PLAYA VISTA PROJECT: Presented was the request of
Councilmember Zane to discuss the environmental impacts of the
Playa Vista Project. councilm.ember Zane introduced discussion
and moved to direct staff to report back to Council regarding
options, legal or otherwise, wi thin the next two meetings wi th
regard to new information on the traffic circulation in Playa
vista. Second by Mayor Reed. The motion was unanimously
approved.
14-1: PLANNING COMMISSION: Presented was the matter of the
acceptance of letter of resignation of Edward Kirshner from the
Planning Commission and authorization to the City Clerk to
publish a notice of vacancy. Mayor Reed moved that the letter of
resignation of Edward Kirshner transmitted to the Chair of the
Planning Commission be included in the record, accepted with
regret, and the notice be posted for 10 days and agendized for
the next regular Council meeting. Second by Councilmember A.
Katz. The motion was unanimously approved.
14-J: SUBSIDIZED ELDERLY HOUSING: The request of Councilmember
Zane to discuss notification to legislators of City support for
increases and extensions in rental subsidies to keep FHA-assisted
buildings affordable was combined with Item 14-F and continued as
a 5 item.
11-F: 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 12: 10 a.m., councilmember Epstein moved to retire to Closed
Session 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; Shearer v. City of
Santa Monica, Santa Monica Superior Court Case; Lawson v. City of
Santa Monica, et al., Santa Monica Superior Court Case No. WEC
99331; Parkhill v. city of Santa Monica, et al., Long Beach
Municipal Court Case No. 250553; Rezanejad v. City of santa
Monica, et al., Los Angeles superior Court Case No. C 72869;
11
September 23, 1986
I
I
160
Nadjmabadi v. city of Santa Monica, et al., Santa Monica Superior
Court Case No. WEC 81867; City of Santa Monica v. Group W Cable
and Century (proposed litigation); and City of Santa Monica v.
Yarmark, et al. (proposed litigation). Second by Mayor Reed.
The motion was unanimously approved. At 12: 45 a. m., Council
reconvened with five members present, councilmembers H. Katz and
Zane absent.
Councilmember A. Katz moved to award settlement in the case of
Lawson v. City in the amount of $7,500; Parkhill v. City in the
amount of $4,000; and Rezanejad v. city in the amount of $4,455.
Second by Councilmember Conn. The motion was approved by the
fOllowing vote:
Council vote: Unanimously approved 5-0
Absent: Councilmembers H. Katz, Zane
ADJOURNMENT: At 12:47 a.m., councilmember Conn moved to adjourn
the meeting in memory of sister Maria corita Kent. The motion
was duly seconded and unanimously approved.
ATTEST:
APPROVED:
C'k~k ;J-~
/ Christine E. Reed
Mayor
~ ~a/tz_
Ann M. Shore
City Clerk
12
September 23, 1986