M-06231987jF/
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 23, 1987
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 6:15 p.m., on Tuesday, June 23, 1987, in the
Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember David B. Finkel
(entered at
Councilmember
(entered at
Councilmember
Councilmember
Councilmember
6:17 p.m.)
William H. Jennings
6:19 p.m.)
Alan S. Katz
Christine E. Reecl
Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
Acting City Clerk Donna R. Betancourt
SS°1: SCAG PROJECTIONS/YEAR 2010: A presentation was made by
the Southern California Association of Governments on baseline
projections through the year 2010.
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 7:20 p.m., Councilmember Finkel moved to adjourn to
Closed Session to consider the following cases: Claim of Debra
Henderson, Santa Monica City Claim No. ASM 86-118;. Claim of Shun
Wai Wang, Santa Monia City Claim No. MBL 86-4-26.6; C].aim of Holly
Osher, Santa Monica City Claim No. ASM 86-141; Ferrell v. City of
Santa Monica, Santa Monica Superior Court Case No. WEC 082 841;
Lee v. City of Santa Monica, Los Angeles Superior Court Case C
605 545; O'Hildebrandt v. City of Santa Monica, Santa Monica
Superior Court Case No. WEC 078 909; Rios v. City of Santa
Monica, Los Angeles Superior Court Case No. C 511 980; and
Rosenblum v. City of Santa Monica, Santa Monica Superior Court
Case No. WEC 082 474. Second by Councilmember Reed. At 7:40
p.m., Council reconvened with no action announced at this time
(see Item 11-F at end of minutes).
Councilmember Reed led the assemblage in the pledge of allegiance
to 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 Finkel
moved to approved the Consent Calendar as presented, reading
ordinances and resolutions by titles only and waiving further
June 23, 1987
368
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 minutes of the City Council meetings
of May 12 (revised), June 2, and June 9, 1987, were approved.
6-B: GANN APPROPRIATIONS LIMIT:. Resolution No. 7449(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING THE GANN APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR 1987-88," establishing the City's Gann Appropriations Limit
for FY 1987-88 at $41,978,424, and Resolution No. 7450(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROPRIATING FISCAL YEAR 1986-87 FUNDS TO GANN RESERVE
ACCOUNTS," appropriating up to $3,241,779 of available 1986-87
funds to Gann reserve accounts, were approved.
6-C: TENANT PARTICIPATING CONVERSION/1319 17.TH STREET:
Resolution No. 7451(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 44096," was adopted,
approving Final Map 44096 for the Tenant Participating. Conversion
TPC-014 of 11 units at 1319 11th Street.-
6-D: TENANT PARTICIPATING CONVERSION/1527 CENTINELA: Resolution
No. 7452(CCS) entitled: "A RESOLUTION OF 'PHE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAI, SUBDIVISION
MAP FOR TRACT NO. 17425," was adopted, approving Final Map 17425
for the Tenant Participating Conversion TPC-031 of 4 units at
1527 Centinela Avenue.
6-E: .TENANT PARTICIPATING CONVERSION/1002 14TH STREET:
Resolution No. 7453(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 44590" was adopted,
approving Final Map 44590 for the Tenant Participating Conversion
TPC-037 of 10 units at 1002 14th Street.
6-F: PIER RECONSTRUCTION/STATE TIDELANDS GRANT: Resolution No.
7454(CCS) entitled: "A RESOLUTION OF THE CITY COUNCII, OF THE CITY
OF SANTA MONICA IN SUPPORT OF THE RECONSTRUCTION OF THE SANTA
MONICA PIER IN ACCORDANCE WITH THE STATE TIDELANDS GRANT" was
approved.
6-G: BUSINESS TAX AUDIT PROGRAM: Ordinance No. 1410(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 6129 TO THE SANTA MONICA MUNICIPAL CODE
ESTABLISHING A BUSINESS TAX AUDIT PROGRAM FOR BUSINESSES
OPERATING IN THE CITY OF SANTA MONICA" was adopted, having been
introduced June 16, 1987.
6-H: SALARY RATES/CLASSIFICATION SPECIFICATION: Resolution No.
7455(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING SALARY RATE FOR TI:3E PERMANENT
CLASSIFICATION OF RECREATION CENTER DIRECTOR AND AS T(EEDED SALARY
2 June 23, 1987
RATES FOR THE CLASSIFICATIONS OF RECREATION LEADER AND RECREATION
SPECIALIST" was adopted, establishing the salary rate for
Recreation Center Director and the as-needed salary rates for
Recreation Leader and Recreation Specialist and approving the new
classification of Recreation Center Director.
6-I: TRANSIT COACH REPAIR: Bid No. 2115 was awarded to Cinedyne
Inc. at specified unit prices, with a one-year renewal option,
to provide labor to repair damaged transit coaches for the
Transportation Department. .
6°J: PAVEMENT MARKINGS: A recommendation to reject Bid No: 2111
to deliver and install thermoplastic. pavement markincJs and direct
staff to rebid this requirement was approved.
6-K: STANDARD CAB AND CHASSIS: A recommendation to reject Bid
No. 2113 to furnish and deliver one standard cab and chassis for
the Transportation Department and direct staff to rebid this
requirement was approved.
6-L: SALARY RATES/CLASSIFICATION SPECIFICATIONS: Resolution No.
7456(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING. SALARY RATES FOR THE POSITIONS OF
TECHNICAL SERVICES. AIDE AND UNDERGROUND UTILITY LOCATOR" was
adopted, establishing salaries for Technical. Services Aide and
Underground Utility Locator and approving classification
specifications.
END OF CONSENT CALENDAR
7-A: STREETLIGHT ASSESSMENTS/31ST STREET: Withdrawn at the
request of staff.
7°B: 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 on various
streets. The public hearing was declared opened eLt 7:42 p.m.
Sebouh Bedrosian stated that the sidewalk damages for which he
was assessed repair costs was caused by the root: of a tree
located on City property, and he does not feel he is responsible
for the assessment. Joy Fullmer expressed concern that the heavy
machinery used to repair sidewalks may cause damage when it is
repairing other damage. There being no one else wishing to be
heard, the public hearing was declared closed. Discussion was
held. Councilmember Jennings moved to acknowledge the protests
and adopt the resolution confirming the assessments. The motion
failed for lack of a second. Discussion was held. Mayor Pro
Tempore H. Katz moved to continue the item to June 30, 1987, in
order for staff to investigate the site of Mr. Bedrosian's
protest. Second by Councilmember Reed. The motion was approved
by a voice vote of 6 to 1, Councilmember Jennings opx~osed.
8°A: COMPREHENSIVE LAND USE ORDINANCE: Withdrawn at request of
staff.
June 23, 1987
37U
8-B: TRANSIENT OCCUPANCY TAX: Presented was a ataff report
transmitting an ordinance for adoption and second reading
amending Municipal Code Section 6601A to increase the transient
occupancy tax rate, introduced June 16, 1987. Councilmember
Finkel moved to approve the staff recommendation, thereby
adopting Ordinance No. 1411(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 6601A TO INCREASE THE TRANSIENT OCCUPANCY
TAX RATE," reading by title only and waiving further reading
thereof, increasing the transient occupancy tax rate to 4 percent
of the total amount paid for room rental effective October 1,
1987, thereby increasing the City's transient occupancy tax to 10
percent (Municipal Code Section 6601 provides for a 6 percent
transient occupancy tax). Second by. Councilmember Zane. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
A. Katz, H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
Councilmember Reed requested that the record reflect her no vote
is because she does not support the revenue increase measures.
8-C: UTILITY USER TAX: Presented was a staff report
transmitting an ordinance for adoption and second reading
amending Municipal Code Sections 6621, 6622, 6623, and 6623A to
increase the utility user tax, introduced June 16, 1987.
Councilmember Finkel moved to approve the staff recommendation,
thereby adopting. Ordinance No. 1412(CCS), entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6621, -6622, 6623,
AND 6623A TO INCREASE THE UTILITY USER TAX," reading. by title
only and waiving further reading thereof, thereby increasing the
utility user tax to 8 percent effective August 1, 1987. Second
by Councilmember Zane. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
A. Katz, H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
Councilmember Reed requested the record to .reflect that her no
vote is because she believes this tax is excessive and
unnecessary.
9°A:
OF
POLICE OFFICERS°
n the even
10-A: NATIONAL HOUSING POLICY: Presented was a recommendation
by the Housing Commission to adopt a resolution urging the U. S.
Congress to adopt a National Housing Policy reaffirming a strong
federal role in stimulating affordable housing opportunities.
Discussion was held. Mayor Pro Tempore H. Katz moved to adopt
Resolution No. 7458(CCS) entitled: "A RESOLUTION OF THE CITY
June 23, 1987
3/1
COUNCIL OF THE CITY OF SANTA MONICA URGING THE UNITED STATES
CONGRESS TO ADOPT A NATIONAL HOUSING POLICY REAFFIRMING A STRONG
FEDERAL ROLE IN STIMULATING AFFORDABLE HOUSING OPPORTUNITIES,"
reading by. title only and waiving further reading thereof, and
authorize the Housing Commission to correspond with key federal
legislators regarding a national housing policy. Second by
Councilmember Finkel. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
11-A: PARKING
a staff r
CTURES: Presented was
it approval of the
installation of parking meters in downtown parking structures and
reduction of the Mall Maintenance Fee. Councilmember Finkel
withdrew from participation in the discussion and vote. due to a
conflict of interest. Discussion was held. The following
members of the public spoke in support of the staff
recommendation: Tom Carroll, Norma Gonzales, Dave Paradis, Ed
Flores, Ed Wenner, Laurie Heyman, Barbara Tenser, Bill Janss,
Joseph Mont, Joe Miko, Ron Mandelbaum, Gwen Pentecost, and Todd
Bracken. The following spoke in opposition: Melva Colter;
Sylvia Shniad, David Shniad, Karl Schober, Mildred Rosenstein,
and Herman Rosenstein. Joy Fullmer stated that alternative
methods should be studied. Councilmember Zane moved to hear from
a member of the public submitting a late chit. Second by
Councilmember Reed. The motion was unanimously approved. Jack
Baptista spoke against the staff recommendation. Discussion was
held. Councilmember Zane moved to approve the staff
recommendation. Second by Councilmember Jennings. Discussion
was held. Mayor Pro Tempore H. Katz moved an amendment to the
motion to review the plan in five years. With no objection from
the second, the maker of the motion accepted the amendment as
friendly and incorporated into the main motion. Discussion was
held. Councilmember A. Katz moved to separate the staff
recommendations 'and vote on them separately. Second by
Councilmember Reed. As maker of the main motion and with no
objection from the second, Councilmember Zane moved Item (3) of
the staff recommendation, to direct the City Attorney to prepare
an ordinance or Resolution as appropriate to reduce the Mall
Maintenance Fee levied against all holders of business licenses
in the Third Street Mall and Downtown Maintenance District as
outlined in the staff report dated June 23, 1987, to become
effective by October 1, 1987. Discussion was held. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
Abstain: Councilmember Finkel
Councilmember Zane moved Items (1) and (2) of the staff
recommendation, to approve in concept the purchase and
installation of parking meters in the downtown parking structures
5 June 23, 1987
s7
and a concomitant reduction of the Mall Maintenance Fee; and to
direct the City Attorney to prepare an ordinance to place the
downtown parking structures within a Parking Meter District to
permit meters to be installed no later than October 1,.1987.
Second by Mayor Pro Tempore H. Katz. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Jennings, H. Katz,
Zane, Mayor Conn
Negative: Councilmembers A. Katz, Reed
Abstain: Councilmember Finkel
At 9:15 p.m., a recess was called, with Council reconvening at
9:27 p.m.
Mayor Conn moved to combine Items 11-B, 13-A, 13-B, 13-C, and
13-G. Second by Councilmember Jennings. The motion was
unanimously approved.
11-B, 13-A, 13-B, 13-C, 13-G: FIRE SPRINKLERS/201 OCEAN AVENUE:
Presented was a staff report regarding asbestos at 201 Ocean
Avenue and recommendations on options for safe installation of
fire sprinklers.
Mayor Pro Tempore H. Katz moved to continue Items 11-C, 11-D,
12-B, 14-A through 14-E, and 15 to June 30, 1987, and Item 11-E
to July 14, 1987. Second by Mayor Conn. The motion was approved
by a voice vote of 6 to 1, Councilmember Zane opposed.
During discussion, the industrial hygienist retained by the City
to investigate the asbestos hazards present at 201 Ocean Avenue,
Fredrick. J. Mlakar, International Technology Corporation,
responded to questions regarding the feasibility and safety of
installing a fire sprinkler system throughout the building.
Chief Paul Stein, City Fire Marshal, responded to questions
regarding the functioning of the sprinklers. Members of the
public Michael Conner, David Dantes, Haskell Wexler, Rod Smith,
and Robert Skodis spoke against the staff recommendation. During
discussion, Fire Chief Tom Tolman responded to questions
regarding alternative methods of meeting tYie sprinker
requirements and methods used to fight fires i.n high-rise
buildings.
Mayor Pro Tempore H. Katz moved to extend the meeting to 11:30.
Second by Councilmember Reed. The motion was unanimously
approved.
Discussion was held. Mayor Pro Tempore H. Katz moved approval o,f
the staff recommendation to reject the reque:~t made by
representatives of the property owners and residents of 201 Ocean
Avenue that the building be exempted from the Supplemental Fire
Safety and Prevention Requirement as outlined in Section 206(a)
of the Uniform Administrative Code, 1982 edition, and require
that the property owners initiate immediate steps to comply with
June 23, 1987
3 /.3
requirements of Code Section 206(a), with such compliance to
include the engagement of a licensed sprinkler contractor .and
industrial hygienist to insure safe installation of a fire
sprinkler system, and further, to have the owners and residents
submit a plan and to work with the Fire Department to carry out
the installation. Second by Councilmember Reed.. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
H. Katz, Reed, Zane, Mayor Conn
Negative: Councilmember A. Katz
Councilmember Finkel moved to continue Item 12-A to June 30,
1987. The motion was duly seconded and unanimously approved.
11-C: CIRCULATION ELEMENT: A recommendation to ~=_stablish an
interpretation of Policy 4..3.1' of the Circulation Element of the
General Plan regarding Level of Service objectives for various
classes of City streets was continued to June 30, 1987.
11-D: MOVIE THEATER DEVELOPMENT: A recommendation to develop
zoning regulations regarding movie theater development was
continued to June 30, 1987.
11-E: ART GALLERIES: A recommendation to adopt resolutions to
permit art galleries in certain industrial districts was
continued to July 14, 1987.
11-F: CLOSED SESSION: Held later in the evening.
12-A: SHOOTING GALLERY: An appeal of Landmark:> Commission
Denial of Certificate of Appropriateness LC-02°006-R, 340 Santa
Monica .Pier, to demolish the Shooting Gallery Building
(Applicant: Judith Meister, Pier Manager; Appellant: Herbert Katz
and Christine Reed, Council Members} was continued to June 30,
1987.
12-B: MIXED-USE BUILDING/1317 7TH STREET: An appeal. of Planning
Commission denial of Development Review 371 for a 4-story plus
loft mixed-use building at 1317 7th Street (Applicant/Appellant:
Michel Rone) was continued to June 30, 1987.
13-A: ASBESTOS/OCEAN TOWERS: The request of David Dantes to
address Council on the health hazards of asbestos at Ocean Towers
was combined with Item 11-B.
13-B: FIRE SPRINKERS/OCEAN TOWERS: The request of Robert Skodis
to address Council regarding the need to exempt Oceari Towers from
the fire sprinkler requirement was combined with Item 11-B.
13-C: FIRE SPRINKLERS/OCEAN TOWERS: The request of Michael
Conner to address Council regarding the sprinkler requirements
for Ocean Towers was combined with Item 11°B.
7 June 23, 1987
374
13-D: WARNING LABELS ON TOY WEAPONSI: The request of Jerry
Rubin to address Council regarding warning labels on toy weapons
was continued to June 30, 1987.
13-E: RAND CORPORATION EXPANSION: The request of Jay Johnson to
address Council regarding RAND Corporation expansion plans was
continued to June 30,.1987.
13-F: STREETLIGHT INSTALLATION/STANFORD STREET: Presented was
the request of Mary Ogren to address Council regarding the
installation of streetlights on Stanford Street between
Washington and Lipton. Ms. Ogren spoke to request that the
portion of Stanford Street between Washington and Lipton be
exempted from streetlight installation. Mayor Conn moved to
continue the meeting to midnight. Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved. Discussion was held.
With regard to. Ms. Ogren's request,. Mayor Conn indicated that the
action Council took on this matter on June 9, 1987, will stand.
13-G: ASBESTOS/FIRE SPRINKLERS/OCEAN TOWERS: The request of
Rodney. Smith to address Council regarding asbestos and fire
sprinklers at Ocean Towers was combined with Item 11-•B.
14-A: BOARD/COMMISSION APPOINTMENTS: The appointment of members
to Boards and Commissions was continued to June 30, 1987.
14-B: CAL-OSHA: The request of Mayor Conn to discuss opposing
the governor's proposed. dismantling of CAL-OSHA was continued to
June 30, 1987.
14-C: PARKS AND WILDLIFE BOND INITIATIVE: The request of
Councilmember A. Katz to discuss support of the California Parks
and Wildlife Bond Initiative was continued to June 3U, 1987.
14-D: RAND CORPORATION REDEVELOPMENT: The request of
Councilmember Reed to discuss amending the local coastal plan
regarding RAND Corporation redevelopment was continued to June
30, 1987.
14-E: ARTS COMMISSION CO-LIAISON: The mayoral appointment of
Councilmember Finkel as co-liaison to the Arts Commission was
continued to June 30, 1987.
PUBLIC INPUT: Continued to June 30, 1987.
9-A: MEMORANDUM OF UNDERSTANDING/SANTA MONICA POLICE OFFICERS'
ASSOCIATION: Presented was the recommendation to adopt a
resolution authorizing the City Manager to execute a Memorandum
of Understanding with the Santa Monica Police Officers'
Association. Councilmember Reed moved to adopt Resolution No,
7457(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA POLICE
OFFICERS' ASSOCIATION,1° reading by title only and waiving further
reading thereof, awarding Contract No. 4970(CCS). Second by
June 23, 1987
375
Mayor Pro Tempore H. Katz. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
11-F: 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 11:35 p.m., Council adjourned to
Closed Session to consider the following cases: Claim of Debra
Henderson, Santa Monica City Claim No. ASM 86-118; Claim of Shun
Wai Wang, Santa Monia City Claim No. MBL 86-4-266; Claim of Holly
Osher, Santa Monica City Claim No. ASM 86-141; Ferrell v. City of
Santa Monica, Santa Monica Superior Court Case No. WEC 082 841;
Lee v. City .of Santa Monica, Los Angeles Superior Court Case C
605 545; O'Hildebrandt v. City of Santa Monica, Santa Monica
Superior Court Case No. WEC 078 909; Rios v. City of Santa
Monica, Los Angeles Superior -Court Case No. C 511 980; and
Rosenblum v. City of Santa Monica, Santa Monica Superior Court
Case No. WEC 082 474. At 11:44 p.m., Council reconvened with all
members present.
Councilmember A. Katz moved to approve settlements in the
following cases:. Claim of Debra Henderson, $11,236.90; Claim of
Shun Wai Wang, $7,445.57; Claim of Ho11y Osher, $5,455.49;
Ferrell v. City, $7,906.80; Lee v. City, $6,897; O'Hi.ldebrandt v.
City, $10,000; Rios. .v. City, $3,000; and Rosenblum v. City,
$3,000. Second by Councilmember Finkel. The motion was approved
by the following vote:
Council vote: Unanimously approved 7-0
Mayor Pro Tempore H. Katz moved to extend the deadline for Board
and Commission nominations to noon on Friday, June 26,.1987. The
motion was duly seconded and unanimously approved.
ADJOURNMENT: At 11:48 p.m., the meeting was adjourned to 7:30
p.m. on Tuesday, June 30, 1987, to 'der Items 11-C, 11-D,
12-A, 12°B, 13-D, 13-E, 14°A throng 14-E, and 1 i memory of
Elmer Dean, retired Santa Monica Po maste , and F~ec~P taire.
ATTEST:
~.~. ~~ ~
Donna R. Betancourt
Acting City Clerk
Mayor
. Conn
June 23, 1987