M-06091987348
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 9, 1987
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 7:20 p.m. on Tuesday, June 9, 1987, in the Council
Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember David B. Finkel
Councilmember William H. Jennings
(entered at 8:00 p.m.)
Councilmember Alan S. Katz
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
CLOSED SESSION: Presented was a 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 7:21 p.m., Council adjourned to Closed Session to
consider the following cases: Claim of Debra Henderson, ASM
86-118, authority requested to negotiate a settlement up to
$11,236.90 on this claim; and Claim of Shun Wai Wang, MBL
86-4-266, authority requested to negotiate a settlement up to
$7,445.57 on this claim. At 7:35 p.m., Council reconvened with
six members present as at Roll Call, Councilmember Jennings
absent, without having taken any action.
Mayor Conn led the assemblage in the pledge of allegiance to the
United States of America. Reverend John Miller, Trinity Baptist
Church, offered the invocation.
4-A: SERVICE RECOGNITION: Cheryl Rhoden was recognized for her
past service on the Pier Restoration Corporation.
4-B: EMPLOYEE SERVICE AWARDS: Departmental awards .were made to
General Services Department employees Edwin Chong, Gwen Phillips,
Pat Crawford, Yas Matsumoto, and Bernardo Cline in recognition of
their outstanding service.
CITY COUNCIL, REDEVELOPMENT AGENCY, .HOUSING
FY 1987-88 BUDGETS;
Year 1987-88 Budgets
Housing Authority, an
1987.
The public hearing and .adoption of Fiscal
for City Council, Redevelopment Agency,
d Parking Authority will be held on June 16,
1 June 9, 1987
349
REGULAR CITY COUNCIL MEETING
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 Reed
moved to approve the Consent Calendar with the exception of Items
6-B and 6-K, reading resolutions and ordinances by titles only
and waiving further reading thereof. Second by Mayor Pro Tempore
H. Katz. The motion was approved by the following vote:
Counoil vote: Affirmative: Councilmembers Finkel, A. Katz,
H. Katz, Reed, Zane, Mayor Conn
Absent:. Councilmember Jennings
6-A: MINUTES APPROVAL: The City Council minutes of May 26, 1987,
were approved.
6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7440(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-87-101)"
was adopted, setting a public hearing for July 14, 1987, on the
assessment of costs to repair damaged sidewalks, driveways, and
curbs at 1348 4th Street, 1305 5th Street, 2302 Oak Street, 1444
Franklin Street, 1454 Franklin Street, and 1555 Centinela Avenue.
6-D: TENANT-PARTICIPATING CONVERSION/717 COPEL~AND COURT:
Resolution No. 7441(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 17773," was adopted,
approving a four-unit tenant-participating conversion TPC-034 at
717 Copeland Court.
6-E: LEAR SIEGLER LEA5E: Resolution No. 7442(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL O
APPROVING AN ASSIGNMENT OF A LEASE
INC. TO LEAR SIEGLER ASTRONICS CORP
assignment of interest as lessee u~
from Lear Siegler, Inc. to Lear :
authorizing the City Manager to
Assumption Agreement.
~' THE CITY OF SANTA MONICA
AGREEMENT FROM LEAR SIEGLER,
" was adopted, approving -the
der certain lease agreements
iegler Astronics Corp., and
execute an As:;ignment and
6-F: ZONING DISTRICT AMENDMENTS: Ordinance No. 1409(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING ZONING DISTRICT AMENDMENTS 26 AND 27 WHICH AMEND
THE DISTRICTING MAP TO CHANGE THE ZONING OF VARIOUS PROPERTIES IN
THE CITY OF SANTA MONICA" was adopted.
6-G: BRANCH LIBRARY ROOF REPAIR: A recommendation was approved
to award Contract No. 4968(CCS) to Reycrest Roofing &
Waterproofing Co. Inc. in the amount of $30,000 to repair the
Montana and Fairview Branch library roofs, make the necessary
accounting adjustments, and authorize the City Engineer to issue
any necessary change orders to complete additional work.
June 9, 1987
35(
6-H: DIESEL-POWERED FORKLIFT/TRANSPORTATION DEPARTMENT: Bid No.
2106 was awarded to Magna Forklift Inc. in the amount of
$17,014.44 to furnish and deliver one diesel-powered forklift for
the Transportation Department.
6-I: NURSERY BUILDING: A recommendation was approved to reject
the bid received for the .replacement of the Park Division nursery
building at the City Yards.
6-J: LEGISLATION/SURPLUS STATE REVENUE: A recommendation to
support SB 1268 (Petris) regarding the use of a portion of the
surplus State revenue to assist in low-income housing and to
authorize the Social Services Commission and the Housing
Commission to send letters of support to key :>enators and
Assembly persons was approved.
END OF CONSENT CALENDAR
6-B: SALE OF PROPERTY AT OLYMPIC/20TH: Presented was a staff
report recommending adoption of a resolution waiving public
advertising and authorizing the sale of City-owned real property
boated at Olympic Boulevard and 20th Street to Santa Monica
Building Materials for $190,000. Discussion was held. Member of
the public Joy Fullmer spoke regarding possible use of the site
for affordable housing. Discussion was held. Counoilmember Reed
moved to approve the staff recommendation.. Second by Mayor Pro
Tempore H. Katz. Discussion was held. Councilmember Zane moved
a substitute motion to refer the matter to staff to report back
as to what opportunities for development are precluded regarding
care for homeless people or other social service use:> for which a
site of this .sort might be appropriate. Second by Counoilmember
Finkel. Discussion was held. The maker and second of the
substitute motion included in the motion that the matter be.
brought back at the June 23, 1987, Council meeting.
(Councilmember Jennings entered the Chambers.) The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz,
Zane, Mayor Conn
Negative: Councilmembers H. Katz, Reed
Abstain: Councilmember Jennings
6-K: OPEN BEVERAGE CONTAINERS: Presented was a recommendation
that Council withdraw its direction to amend Municipal Code
Section 4204a to prohibit the possession of open containers of
alcoholic beverages in certain public places in the City, based
on the City Attorney's conclusion that the City may not lawfully
prohibit such possession. Councilmember Reed moved to postpone
this matter until the City Attorney has an opportunity to check
with the City of Avalon and the County Sheriff's Department with
regard to their methods of enforcing this type of law. Second by
Councilmember A. Katz. Discussion was held. The motion was
approved by voice vote, with Councilmember Finkel opposed.
June 9, 1987
351
7-A: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Pre:ented was a
staff report and a public hearing on the assessment of costs to
repair damaged sidewalks, driveways, and curbs at various
locations within the City. The public hearing was declared
opened. There being no one wishing to be heard, the public
hearing was declared closed. Councilmember Finkel moved to
approve the staff recommendation, thereby adopting Resolution No.
7443(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-87-98)," 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
7-B: 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
locations within the City.. The public hearing `vas declared
opened. There being no one wishing to be heard, the public
hearing was declared closed. Councilmember Finkel moved to
approve the staff recommendation, thereby adopting Resolution No.
7444(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-87-99)," 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
7-C: STREETLIGHT INSTALLATION: Preser
a public hearing on the proposed streE
Street from Wilshire to Washington,
Washington, and Marguerita from 4th
Discussion was held. At 8:15 p.m.,
declared opened. Mary Ogren request
Washington and Lipton be removed f
Neemeyer and William Bertie .spoke
recommendation. There being no one ele
public hearing was declared closed
Councilmember Reed moved to approve
thereby acknowledging protests and
7445(CCS) entitled: "A RESOLUTION OF
CITY OF SANTA MONICA FINDING THAT TF
ted was a staff report and
:tlighting district on 5th
>tanford from Wilshire to
Street to First Court.
the public hearing was
'd that the area between
rom the district. Lois
n support of the staff
e wishing to k>e heard, the
Discussion was held.
the staff recommendation,
adopting Resolution No.
THE CITY COUNCIL OF THE
E PUBLIC CONVENIENCF. ANTI
NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND ORDERING
WORK ON 5TH STREET BETWEEN WILSHIRE AND WASHINGTON, STANFORD
BETWEEN WILSHIRE AND WASHINGTON, AND MARGUERITA FROM 4TH STREET
TO FIRST COURT AS SET FORTH IN RESOLUTION OF INTENTION NO. 7429
(CITY COUNCIL SERIES)," reading by title only and waiving further
reading thereof. Second by Councilmember Finkel. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
H. Katz,-Reed, Zane, Mayor Conn
4
June 9, 1987
352
Negative: Councilmember A. Katz
7-D: GUTTER/STREET ASSESSMENTS: Presented was a staff report
and a public hearing on the confirmation of gutter construction
and street resurfacing assessments on Wilshire Boulevard between
21st Street and Centinela. The public hearing was declared
opened at 8:26 p.m. George Methe spoke against the assessment.
There being no one else wishing to be heard, the public hearing
was declared closed. Discussion was held. Councilmember Reed
moved to approve the staff recommendation, thereby acknowledging
protests and adopting Resolution No. 7446(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING
GUTTER CONSTRUCTION AND STREET RESURFACING ON WILSHIRE BOULEVARD
BETWEEN 21ST STREET AND CENTINELA AVENUE," reading by title only
and waiving further reading thereof. Second by Mayor Pro Tempore
H. Katz. The motion was approved by the following vote:
Council vote r Unanimously approved 7-0
8-A: TRANSIENT OCCUPANCY TAX: The introduction and first
reading of an ordinance amending Municipal Code Section 6601A to
increase the transient occupancy tax rate will be held on June
16, 1987.
8-B: UTILITY USE TAX: The introduction and first reading of an
ordinance amending Municipal Code Sections 6621, 6622, 6623, and
6623A to increase the utility user tax will be-held on June 16,
1987.
8-C: BUSINESS TAX AUDIT PROGRAM: The introduction and first
reading of an ordinance adding Section 6129 to the Municipal Code
establishing a Business Tax Audit Program for businesses
operating in the City will be held on June 16, 1987.
9-A: COUNCIL RULES OF ORDER/INSPIRATION: Presented was a staff
report recommending adoption of a resolution revising the City
Council Rules of Order to change Rule 6, Subsection (b)(2) from
"invocation" to "inspiration." Members of the public Joy
Fullmer, Peter Brosius, and Tom Stringer spoke in support of the
staff recommendation. John Miller, representing the Westside
Ecumenical Conference, expressed support of the staff
recommendation, providing that religious expressions be included.
Mayor Pro Tempore H. Katz moved to approve the staff
recommendation, thereby adopting Resolution No. 7447(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING RULES OF ORDER AND PROCEDURE FOR THE CONDUCT
OF CITY COUNCIL MEETINGS," 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: Councilmembers Finkel, A. Katz,
H. Katz, Zane, Mayor Corin
Negative: Councilmembers Jennings, Reed
5 June 9, 1987
353
Mayor Conn moved to direct staff to draw up a list of
organizations that could be contacted to provide someone on a
revolving basis and ask Councilmembers to contribute to that
list, with the presentation to be limited to three minutes.
Second by Mayor Pro Tempore H. Katz. The motion was approved by
unanimous vote.
11-A: PUBLIC COFFEE/COUNCIL MEETINGS: Presented were
recommendations regarding serving coffee to members of the public
during City Counoil meetings. Discussion was held.
Councilmember Finkel moved to adopt the staff recommendation to
provide hot water, instant coffee, and tea for the public.
Second by Councilmember A. Katz. Councilmember A. Katz moved an
amendment to provide for a donation basket to defray the costs.
This was accepted as a friendly amendment by the maker of the
motion. Discussion was held. The motion failed by the following
vote:
Council vote: Affirmative:
Councilmembers Finkel, A. Katz,
Zane
Negative:
Councilmembers Jennings, H. Katz,
Reed, Mayor Conn
11-B: CLOSED SESSION: Not held.
Councilmember Reed moved to waive the rules to hear Items 13-A,
13-C, 13-B, and 13-D in that order. Second by Councilmember A.
Katz. The motion was unanimously approved.
13-A and 13-C: TORCA TRACT MAP EXPIRATION: Presented were the
requests of Bruce Bornemann and Lisa Monk to address Council
regarding the expiration of the tract map for the Tenant
Participating subdivision at 601 Strand, TCP-004/TTM 43836.
Councilmember A. Katz moved to allow Paul DeSantis to speak on
Mr. Bornemann's behalf. Second by Councilmember Zane. The
motion was unanimously approved. Mr. DeSantis and Lisa Monk
requested that the expiration date of the Tentative 7.'ract Map for
this subdivision be extended. Discussion was held. Mayor Conn
moved to extend the time period for the filing of Final Map 43836
in an amount of time equal to the' delay caused by the late
publishing of the Statement of Official Action, to June 17, 1987.
Second by Councilmember A. Katz. Discussion was held.
Councilmember Finkel moved a substitute motion that as a
condition precedent to the granting of the applicant's request,
that applicant be required to first file a written waiver and
release of claims, to be drafted by the City Attorney, such that
should at some later time a challenge be made to the title to the
property of any of the interested parties, that they will have no
recourse against the City in connection with such claims; and in
the event that claims should be made against the City, that they
will -hold the City harmless against any and all. such claims.
Second by Councilmember Jennings. Discussion .was held. The
maker and second of the main motion accepted G:ouncilmember
Finkel's motion as a friendly amendment to the main motion. The
motion was approved by the following vote:
June 9, 1987
354
Council vote: Unanimously approved 7-0
13-B: PREFERENTIAL PARKING: Presented was the request of Elsa
Petrucelli to address Council regarding preferential parking for
2nd and 3rd Streets south of Ocean Park Boulevard.. Mayor Conn
withdrew from the discussion because of a conflict of interest.
Ms. Petrucelli spoke to request that a public hearing be held
regarding daytime preferential parking hours for 2nd and 3rd
Streets, Beach Street, and Ashland Avenue. Councilmember Zane
moved to set a public hearing in the near future on this zone.
Second by Councilmember Finkel. Discussion was held.
Councilmember Finkel moved a substitute motion to put the matter
over to the next regular meeting and have staff provide Council
with a record of its last discussion on this item. Second by
Mayor Pro Tempore H. Katz. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
A. Katz, H. Katz, Reed, Zane
Abstain: Mayor Conn
13-D: CONTRACT/TENTH STREET MEDICAL BUILDING: Presented was the
request of Jonathan Karp to address Council regarding termination
of .the contract between Tenth Street Medical Building Ltd., and
the City of Santa Monica. Mr. Karp spoke to request that the
contract be terminated in order to secure a new loan. Mayor Conn
moved that the City of Santa Monica agree to terminate the
agreement between Tenth Street. Medical Ltd., a California limited
partnership, and the City of Santa Monica, Contract No.
3695(CCS), relating to the building located at 1450 10th Street,
on the condition that the loan documents required by the new
lender for the building, Provident Mutual Life Insurance Company,
contain restrictions on the sale of the building and the sale of
partnership interests in the partnership which owns the building,
which are similar in effect to those contained in the. contract;.
and further, direct the City Attorney to review the loan
documents to ensure that they contain the appropriate
restrictions, and to execute the documents relating to the
termination of contract without the requirement of further action
by the City Council if the loan documents contain such similar
restrictions. Second by Mayor Pro Tempore H. Katz. .Discussion
was held. Councilmember Finkel moved a substitute motion to
instruct the City Attorney to meet and confer on a post-haste
basis with the applying party with a view toward attempting to
negotiate some contractual agreement which will meet the
requirements and needs of the applying party anti adequately
protect the City, and come back at the meeting of June 16 with a
recommendation to Council for action at that time. The
substitute motion died for lack of a second. The motion on the
floor was approved by the following vote:
Council vote: Unanimously approved 7-0
14-A: COUNTY HAZARDOUS WASTE MANAGEMENT PLAN: Thc: request of
Councilmember Reed to discuss the County hazardous waste
June 9, 1987
X55
management plan, continued from June 2, 1987, was withdrawn as it
was no longer timely.
14-B: GALANTER ATTACK: Presented was the request of
Councilmember Finkel to discuss taking appropriate action
pronouncing an abhorrence of the ugliness of the attack on Ruth
Galanter. Councilmember Finkel introduced discussion and moved
that Council send a letter to Commissioner-elect Galanter
expressing its congratulations on her election, wishing her
success in office, offering to help and cooperate with the City
of Los Angeles and her in any matters of mutual interest and
concerns of both of those cities, expressing an abhorrence of the
attack upon her person during the campaign, and wishing her a
speedy recovery. Second by Councilmember Reed, conditional upon
the sending of a similar letter, without the final paragraph, to
Nate Holden. Councilmember A. Katz moved to amend the motion to
direct the letters to "Councilmember-elect" rather than
"Commissioner-elect." The maker and second of the motion
accepted these amendments as friendly. The motion was
unanimously approved.
14-C: POWERLINE UNDERGROUNDING: Presented was the request of
Mayor Pro Tempore H. Katz to discuss powerline undergrounding on
11th, Michigan, and 14th Streets. Mayor Pro Tempore H. Katz
introduced discussion and moved to direct staff to prepare a
report for Council regarding options for. funding the project,
federal as well as utility funding. Second by Councilmember
Zane. Discussion was held. Councilmember Finkel clarified that
the staff report will also include the present priority list.
The motion was unanimously approved,
14-D: VIRGINIA PARK EXPANSION: Presented was the request of
Mayor Pro Tempore H. Katz to discuss the purchase of the property
adjacent to Virginia Park for expansion to the park. Mayor Pro
Tempore H. Katz introduced discussion and moved to direct staff
to look into the methods of purchasing the property adjacent to
Virginia Park for expansion of the park. Second by Councilmember
A. Katz. Discussion was held. The motion was unanimously
approved,
14-E: LANDMARKS COMMISSION/PIER REVIEW: Presented was the
request of Mayor Pro Tempore H. Katz to discuss redefining the
scope of the Landmarks Commission review of buildings on the
Pier. Mayor Pro Tempore H. Katz introduced discussion and moved
to direct staff to bring before Council a redefinition of the
scope of the Landmarks Commission so that it does not: have review
of all-buildings on the Pier, only the Carousel building and
Sinbad's. Second by Councilmember Jennings. Discussion was
held. With no objection from the second, Mayor Pro Tempore H.
Katz modified his motion to include Councilmember Reed's
suggestion that a joint meeting be held with the Landmarks
Commission and the Pier Restoration Corporation to disouss the
problem and find a way to speed up the process. Councilmember
Zane moved a substitute motion to direct staff to prepare a set
of options and analysis of those options to serve as a basis for
a joint meeting. with the Landmarks Commission and the Pier
8 June 9, 1987
J J
Restoration Corporation or representatives thereof. The motion
was duly seconded and unanimou"sly approved.
14-F: MERCHANT CAMPAIGN/PANHANDLERS: Presented was the request
of Mayor Conn to discuss the development of a merchant campaign
to provide an alternative to giving money to panhandlers. Mayor
Conn introduced discussion. Councilmember A. Katz moved that
Council write a letter to the Chamber of Commerce to request that
it begin implementation of a program that would be an alternative
to panhandling. Second by Councilmember Reed. The motion was
unanimously approved.
14-Gp COUNCIL CHAMBER USE: Presented was the request of Mayor
Conn to discuss waiving the fee for use of the Council Chambers
on June 5 and July 17, 1987, by the California Energy Commission.
Mayor Conn moved to waive the fee for use of the Chambers on June
5 and July 17, 1987. Second by Councilmember Zane.. The motion
was unanimously approved.
14-H: PROVIDE INFORMATION TO HOMELESS: Presented wa:> the request
of Councilmember Finltel to discuss providing information on
social service agencies to the homeless. Councilmember Finkel
introduced discussion and moved to direct staff to provide
bulletin boards containing information on social service agencies
in Palisades Park and other appropriate locations. Second by
Councilmember A. Katz. The motion was unanimously approved.
14-I: ALCOHOL SALES/GASOLINE OUTLETS: Presented was the request
of Mayor Conn to discuss opposition to AB 937 regarding
prevention of local legislation to prohibit alcohol sales at
gasoline outlets. Mayor Conn introduced discussion and moved to
go on record as opposing this legislation. Second by
Councilmember A. Katz.' The motion was approved, Councilmember
Reed abstaining.
15. PUBLIC INPUT - Joy Fullmer spoke regarding the termination
of the contract with Tenth Street Medical Building, Ltd.,
expansion of Virginia Park, the proposed merchant campaign
regarding panhandlers, and violence such as that .committed
against Ruth Galanter.
ADJOURNMENT: At 10:30 p.m., the meeting
p.in., Tuesday, June 16, 1987, for the purpc
1987°88 budget and related resolutions and
ATTEST:
Donna R. Betancourt
Acting City Clerk
9
June 9, 1987