CITY OF SANTA MONICA
CITY COUNCIL MEETING 07/12/88
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
4-A: COMMENDATIONS: Mayor Conn presented commendations to
Captain James Hone, Firefighter, and Police Officer Joe Analco
for their recognition as two of the County's Outstanding Public
Safety Employees.
6-A: MINUTES APPROVAL: The City Council minutes of June 14,
June 21, and June 28, 1988, were approved.
6-B: FINAL MAP 45310/CONDOMINIUM/923 EUCLID: Resolution No.
7648(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF
TRACT NO. 45310," was adopted, thereby approving Final Map 45310
for a 6-unit condominium project at 923 Euclid Street.
6-C: ENERGY PARTNERSHIP PROGRAM: Resolution No. 7649(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING STAFF TO APPLY FOR PARTICIPATION IN THE
CALIFORNIA ENERGY COMMISSION'S ENERGY PARTNERSHIP PROGRAM," was
adopted, thereby authorizing staff to apply for assistance under
the guidelines of the California Energy Commission's Energy
Partnership Program.
6-E: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7651(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-88-116),"
was adopted, thereby setting a public hearing for August 9, 1988,
on the assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets.
6-F: 1988 WEED/RUBBISH ABATEMENT ASSESSMENT ROLL: A
recommendation that the City Council confirm the costs and
assessments resulting from the City of Santa Monica's 1988 Weed
and Rubbish Abatement Program was approved.
6-G: ELECTRICAL SUPPLIES: Bid No. 2169 was awarded to
Consolidated Electrical Distributors at specified unit prices to
furnish and deliver wire markers, nipples, nut locks/wire, outlet
plates, and miscellaneous electrical supplies for various
departments.
6-H: ELECTRICAL SUPPLIES: Bid No. 2170 was awarded to Graybar
Electric at specified unit prices, to furnish and deliver circuit
breakers, ballasts, fuses, and miscellaneous electrical supplies
for various departments.
6-I: ELECTRICAL SUPPLIES: Bid No. 2171 to was awarded to
Westwood Wholesale Electric Co. at specified unit prices to
furnish and deliver receptacles, box switches, transformers,
wires, and miscellaneous electrical supplies for various
departments.
6-J: PIPE/PLUMBING SUPPLIES: Bid No. 2173 was awarded to
Brandon Supply, Inc. at specified unit prices to furnish and
deliver bushings, caps, couplings, plugs, and elbows for various
departments.
6-K: GALVANIZED NIPPLES: Bid No. 2174 was awarded to Brandon
Supply, Inc. at specified unit prices to furnish and deliver
galvanized nipples for various departments.
6-L: PIPE/PLUMBING SUPPLIES: Bid No. 2176 was awarded to
Brandon Supply, Inc. at specified unit prices to furnish and
deliver split sleeves, tees, pipe, and adaptors for various
departments.
6-M: GARDENING SUPPLIES: Bid No. 2177 was awarded to Bishop Co.
at specified unit prices to furnish and deliver blades, couplers,
sprinklers, and miscellaneous gardening supplies for various
departments.
6-N: PAVING MIXES/GENERAL SERVICES: Bid No. 2179 was awarded to
Industrial Asphalt at specfied unit prices to furnish hot asphalt
concrete paving mixes for the Streets Division, General Services
Department.
END OF CONSENT CALENDAR
6-D: CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCIATIONS: Presented
was a staff report recommending adoption of a resolution
recognizing the California League of City Employee Associations
as the representative for City employees formerly represented by
Teamsters Local 911. Discussion was held. Councilmember Finkel
withdrew from Council discussion and vote on this item due to a
possible conflict of interest. Mayor Pro Tempore H. Katz moved
to adopt Resolution No. 7650(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA RECOGNIZING THE
CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCIATIONS (C.L.O.C.E.A.) AS
THE REPRESENTATIVE FOR CITY EMPLOYEES FORMERLY REPRESENTED BY
TEAMSTERS LOCAL 911," 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 5-0
Absent: Councilmember Jennnigs
Abstain: Councilmember Finkel
7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and public hearing on the assessment of costs to repair
damaged sidewalks, driveways, and curbs on various streets. The
public hearing was declared opened at 8:05 p.m. There being no
one wishing to speak, the public hearing was declared closed.
Mayor Pro Tempore H. Katz moved to acknowledge any protests and
adopt Resolution No. 7652(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-88-114)," 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 6-0
Absent: Councilmember Jennings
8-A: PROGRAM 10/HOUSING ELEMENT: Presented was the matter of an
ordinance for introduction and first reading adding Chapter 4B to
Article IX of the Municipal Code implementing Program 10 of the
Housing Element, continued from June 21, 1988. Councilmember
Finkel moved to continue this item to September 13, 1988. Second
by Mayor Pro Tempore H. Katz. The motion was unanimously
approved, Councilmember Jennings absent.
11-A: WASTE WATER CONTROL REQUIREMENTS: Presented was a staff
report recommending approval of waste water control requirements
for new developments, and direction to the City Attorney to
prepare an emergency waste water control ordinance. Discussion
was held. Members of the public Joy Fullmer, Paul Rosenstein,
Judy Abdo, Milton Swimmer, and Sherman Stacey expressed their
concerns regarding the proposed emergency ordinance. Discussion
was held. Councilmember Zane moved to reduce the standard
(recommended in the staff report) from 1.34 percent new sewage
per year to 1 percent new sewage per year, and to direct the
staff to adopt for examination purposes an on-site waste water
treatment system, a cut-off point at 75,000 sq. feet, and to
return to Council with an examination of the economic
implications for a given project. Second by Councilmember
Finkel. Discussion was held. Mayor Pro Tempore H. Katz moved an
amendment that there be no exemptions. The motion died for lack
of a second. Mayor Pro Tempore H. Katz moved a substitute motion
to approve the staff recommendations, and to direct the City
Attorney to prepare an emergency ordinance for implementation,
taking into consideration Council's concerns, and to direct staff
to study amending exemption category (a) to include development
agreement projects that have existing facilities on-site, giving
them a time frame that is realistic, probably based upon when
they initially filed, and to use that as a time frame (for
granting an exemption) as opposed to just a year. Second by
Councilmember Reed. Discussion was held.
Councilmember Zane moved to amend the substitute motion to reduce
the allowable annual wastewater growth rate from 1.36 percent to
.56 percent per year. Second by Councilmember Finkel.
Discussion was held. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Zane, Mayor
Conn
Negative: Councilmembers A. Katz, H. Katz,
Reed
Absent: Councilmember Jennings
The substitute motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz, H.
Katz, Reed, Mayor Conn
Negative: Councilmember Zane
Absent: Councilmember Jennings
Councilmember Zane requested the record reflect that he thinks
this motion provides far too much latitude for additional sewage
into the City since it is at least 2-1/2 times what the current
annual average of new increases in sewage is.
Councilmember Zane moved to direct staff to return to Council
with a strategy for a zero-net option for all new development or,
alternatively, a program which requires significant retrofit on
the part of existing sewage generation for all new development in
the City. Second by Councilmember A. Katz. The motion was
unanimously approved, Councilmember Jennings absent.
Councilmember A. Katz moved to direct staff to report back to
Council with any recommendations for adjustments to the amount of
the allowable annual wastewater growth rate (1.34 percent) based
on the program's operation one year after the adoption of the
ordinance, or at the time that the City of Los Angeles passes a
permanent ordinance, whichever comes first. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved,
Councilmember Jennings absent.
11-B: CONSTRUCTION HOURS: Presented was a recommendation to
direct the City Attorney to amend the Municipal Code to modify
the permitted hours of construction. Discussion was held.
Member of the public Joy Fullmer expressed concerns regarding the
impact of construction noise on residents and on the enforcement
process. Mayor Pro Tempore H. Katz moved to approve the staff
recommendation to modify the permitted hours of construction,
with a change to permit construction activity during otherwise
prohibited periods when there are no residentially zoned
districts within 500 feet of the perimeter of the construction
site. Second by Councilmember Reed. Discussion was held.
Councilmember Finkel moved a substitute motion to table the
matter and refer back to staff for further investigation and to
return with recommendations regarding changes. During
discussion, Councilmember Finkel withdrew the motion to table.
With no objection from the second, the maker amended the main
motion to include direction to staff to investigate the matter of
modifying the permitted morning hours of construction, and to
clarify what constitutes a "public interest." The motion, as
amended, was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
11-C: CLOVER PARK EXTENSION: Presented was a recommendation to
award a contract for the Clover Park Extension to Hacienda
Engineering/Construction in the amount of $775,112. Discussion
was held. Councilmember A. Katz moved to approve the staff
recommendation, thereby awarding Contract No. 5179(CCS) for the
Clover Park Extension, including construction of the three
alternates detailed in the staff report dated July 12, 1988, to
Hacienda Engineering and Construction in the amount of $775,112,
and authorizing the City Engineer to issue any change orders
necessary to complete additional work to the extent of funds
available in accordance with the Administrative Instruction on
Change Orders, including instruction to staff that if the F.A.A.
permits lighting at night, that public hearings concerning the
advisability of such lights be held with notice to the immediate
neighborhoods. Second by Mayor Pro Tempore H. Katz. The motion
was approved by the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Jennings
11-D: PARADE ROUTE/MAIN STREET CONSTITUTION DAY PARADE:
Presented was a recommendation to adopt a resolution for
approving an alternate parade route on September 17, 1988,
requested by the Main Street Constitution Day Parade Committee.
David Teck and Ronn S. Pickard spoke to request that a parade
route on Main Street from the RAND property to the southernmost
City limits be approved. Discussion was held. Councilmember
Reed moved to approve the staff recommendation. Second by Mayor
Pro Tempore H. Katz. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers H. Katz, Reed
Negative: Councilmembers Finkel, A. Katz,
Zane, Mayor Conn
Absent: Councilmember Jennings
Discussion was held. Councilmember Reed moved to deny the appeal
of the applicant for a full parade route. The motion did not
receive a second.
Councilmember A. Katz moved to reconsider the last vote. Second
by Councilmember Finkel. The motion was unanimously approved,
Councilmember Jennings absent.
Councilmember A. Katz moved to approve the staff recommendation,
thereby adopting Resolution No. 7653(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE HOLDING OF A PARADE ON SEPTEMBER 17, 1988, ON A
ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," reading by
title only and waiving further reading thereof, thereby setting
the parade date of Saturday, September 17, 1988; setting the
parade route for Main Street south of Ocean Park Boulevard to the
southernmost City limits; and directing the applicant to pay all
attendant costs on or before Friday, September 9, 1988, at 5:00
p.m. Second by Councilmember Reed. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz, H.
Katz, Reed
Negative: Councilmembers Zane, Mayor Conn
Absent: Councilmember Jennings
Councilmember Zane moved to extend the meeting to 12:00 a.m.
Second by Mayor Pro Tempore H. Katz. The motion was approved,
Councilmember Finkel opposed.
11-E: CLOSED SESSION: Held later in the meeting.
12-A: PARCEL MAP 19007/CUP 487/245 HOLLISTER AVENUE: Presented
was a recommendation to deny an appeal of the Planning Commission
approval of Tentative Parcel Map 19007 and Conditional Use Permit
487 for construction of 4-unit condominium at 245 Hollister
Avenue. Applicant: Barbara Coffman & Associates. Appellant:
David L. Ganezer, continued from June 21, 1988. Discussion was
held. Councilmember Reed moved to open the public hearing and
indicate Council's intention to continue the matter to the next
regular meeting. Second by Mayor Pro Tempore H. Katz. During
discussion, the maker amended the motion to request a full public
hearing at this meeting and that all comments at the continued
public hearing on August 9, 1988, address only the issues of
landscaping and lighting plans, which are missing at this
meeting. The motion, as amended, was approved, Mayor Pro Tempore
H. Katz opposed. The public hearing was declared opened. James
Lunsford spoke on behalf of the appellant. Barbara Coffman spoke
as the applicant. David Ganezer, Eileen Ireland, Wendy Johnson,
Irene Majorca, Paulita Hernandez, Bobby Hernandez, Linda
Arvanites, Dennis Goykhman, Alice Paelink, Richard Hastings, and
Steve Spencer spoke in support of the appeal. Donald Lewin
Nelson spoke in support of the decision of the Planning
Commission.
Discussion was held. Councilmember Finkel moved to continue the
public hearing and resolution of this matter to the City Council
meeting of August 9, 1988, at which meeting public speakers may
only address the landscaping and lighting elements. Second by
Councilmember Reed. The motion was unanimously approved,
Councilmember Jennings absent.
Mayor Pro Tempore H. Katz moved to extend the meeting to 12:30
a.m. The motion was duly seconded and approved, Councilmember A.
Katz opposed.
14-A: POLLUTION REDUCTION PLAN: Presented was the request of
Councilmember Zane to discuss the Air Quality Management District
Pollution Reduction Plan. Councilmember Zane opened discussion
and moved to direct staff to obtain a copy of the Air Quality
Management District Pollution Reduction Plan, to evaluate the
recommendations directed at local governments, and to evaluate
the City's ability to respond in an affirmative way, so as to
both meet the City's obligations and to perhaps provide some
leadership in the region. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion was unanimously approved,
Councilmember Jennings absent.
14-B: ECOLO-HAUL AGREEMENT: Presented was the request of Mayor
Pro Tempore H. Katz to discuss the Ecolo-Haul approval of
assignment of agreement. Discussion was held. Councilmember
Reed moved to direct the City Attorney to prepare an opinion
regarding this matter to be agendized for the special City
Council meeting of July 19, 1988. Discussion was held. The
motion was duly seconded and approved, Councilmember Jennings
absent.
Items 14-C and 14-D were proposed for addition to the agenda
subsequent to the posting deadline mandated by Government Code
Sec. 54954.2 et seq. Such items are added to the agenda for
Council consideration upon two-thirds vote of the entire Council
that an emergency exists or that the need to take action arose
after the posting deadline.
14-C: OFF-SITE REPLACEMENT OF CITY-OWNED RESIDENTIAL UNITS/1616
AND 1642 OCEAN AVENUE: Presented was the request of
Councilmember Zane to discuss directing the City Attorney to
prepare a ballot measure to amend the City Charter to permit
off-site replacement of City-owned residential units at 1616 and
1642 Ocean Avenue. Councilmember Zane moved to add this item to
the agenda. Second by Councilmember Finkel. The motion failed,
with Councilmember Reed and Mayor Pro Tempore H. Katz opposed,
Councilmember Jennings absent. Therefore, the item was not
considered by Council.
14-D: SAND & SEA CLUB FIREWORKS: Presented was the request of
Mayor Pro Tempore H. Katz to discuss the request of Drexel
Burnham to allow fireworks at the Sand and Sea Club on July 14,
1988. Mayor Pro Tempore H. Katz moved to add this item to the
agenda. Second by Councilmember A. Katz. The motion failed by
the following vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz, H.
Katz, Zane
Negative: Councilmember Reed, Mayor Conn
Absent: Councilmember Jennings
Therefore, the item was not considered by Council.
11-E: 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 12:25 a.m., Council adjourned to
Closed Session to consider the following cases: Evans v. City of
Santa Monica, et al., Santa Monica Superior Court Case No. WEC
076 608; and Booth v. City of Santa Monica, et al., Santa Monica
Superior Court Case No. WEC 082 913. At 12:54 a.m., Council
reconvened with four members present, Councilmembers Jennings, A.
Katz, and H. Katz absent. Councilmember Reed moved approval of a
settlement in the amount of $28,500 in the case of Booth. Second
by Councilmember Finkel. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Finkel, Reed, Zane,
Mayor Conn
Absent: Councilmembers Jennings, A. Katz, H.
Katz