City Council Minutes: //

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 11, 1988

A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 7:36 p.m. , on Tuesday, October 11, 1988, in the
Council Chambers.

CLOSED SESSION: Held
end of the meeting).

Roll Call: Present:

Mayor James P. Conn
Mayor Pro Tempore Herb Katz
Councilmember David B. Finkel
Councilmember William H. Jennings
(arrived at 7:41 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

later in the meeting (See Item 11-B at the

Councilmember Read led the assemblage in the Pledge of Allegiance to the Flag of the
United States of America.

5-A: ARCHITECTURAL REVIEW BOARD: Presented was a matter for council discussion
regarding the recision of an appointment to the Architectural Review Board, continued from
September 27, 1988. Councilmember Reed moved to hear this item later in the meeting, after
discussion of Item 14-A. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved. (See Item 14-A)

5-B: FAMILY SERVICE OF SANTA MONICA BUILDING FUND: Presented was the
request of Councilmember Reed to discuss a contribution to the building fund of Family
Service of Santa Monica, continued from September 27, 1988. Councilmember Reed moved
to direct staff to meet with Family Service and determine a level of support to which Council
could reasonably commit, and if necessary, to wait until the budget cycle. Second by Mayor
Pro Tempore H. Katz. The motion was unanimously approved.

5-C: PRIVATE DEVELOPMENT/AESTHETIC BURDENS: Presented was the request of
Councilmember Finkel to discuss the desirability of directing a study of the existence of
aesthetic burdens created by private development, continued from September 27, 1988.
Councilmember Finkel initiated discussion and moved to instruct staff to bring back a
recommendation regarding the specific expenditures of hiring a consultant to study the issue
of a

October 11, 1988

Private Percent-For-Arts ordinance. Second by Councilmember A. Katz. Discussion was held. 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 ref lect her neq ative vote is because she personnaly believes
that the fact that the City has established, by law, an Architectural Review Board, and that the City has
taken upon itself to insure that the aesthetic architecture of each and every project meets a community
standard, that the Council has, in f act, addressed the aesthetic burdens of a particular development project
in and of itself, and that the act of developing land does not necessarily connect with any need for culture.
She personnaly does not support the notion of assessing development projects for funds for the arts. She
thinks that the arts are much better supported when they are supported on a voluntary basis, not an exaction
basis. She thinks that the obligation to the public for the aesthetics of a project, can, and should, be met
through the Architectural Review Board process.

5-D: PROPOSITION 79: Presented was the request of Councilmeniber Finkel to discuss supporting
Proposition 79 on November 8, 1988, ballot, continued from September 27, 1988. Councilmember Finkel
moved to request Council to take a position in support of Proposition 79, and encourage its adoption.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved.

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. Mayor Pro Tempore H. Katz
moved to approve the Consent Calendar with the exception of Items 6-E and 6-L, reading ordinances and
resolutions by title only * and waiving further reading thereof. Second by Councilmember Reed. The
motion was approved by the following vote: .

Council vote: Unanimously approved 7-0

6-A: MINUTES APPROVAL: The City Council minutes of September 27, 1988, were approved as written.

6-B: PLANNING COMMISSION COMPENSATION: Ordinance No. 1457(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION
2620 TO THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR COMPENSATION FOR
ATTENDANCE AT P LANNING COMMISSION MEETINGS BY PLANNING COMMISSIONERS,"
introduced September 27, 1988, was adopted, thereby establishing compensation for members of' the
Planning Commission in the amount of $25.00 per meeting attended, to a maximum of $100.00 per month.

October 11, 1988

6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7700(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-88-120)11 was approved, thereby setting a public hearing for December 13,
1988.

6-D: HANDICAPPED PARKING ZONE: Resolution No. 7701(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ADJACENT
TO 330 CALIFORNIA AVENUE" was adopted.

6-F: FINAL MAP 19550/TENANT-PARTICIPATING CONVERSION/
TPC-059/420-426 PACIFIC STREET: Resolution N07. 7703(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT
NO. 1955011 was adopted, thereby approving Final Map 19550 for a
4-unit tenant-participating conversion project at 420-426 Pacific
Street.

6-G: FINAL MAP 44933/CONDOMINIUM PROJECT/328 PACIFIC STREET: Resolution No.
7704(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 4493311
was adopted, thereby approving Final Tract Map 44933 for a 7-unit condominium project at 328
Pacific Street.

6-H: FINAL MAP 45575/CONDOMINIUM PROJECT/938 SECOND STREET: Resolution No.
7705(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 4557511
was adopted, thereby approving Final Tract Map 45575 for an 8-unit condominium project at 938
Second Street.

6-1: CITY YARDS ROOF REPAIRS: Contract No. 5216(CCS) was awarded to Rey-Crest
Roofing & Waterproofing in the amount of $100,877 for the replacement of. various building
roofs at the City Yards; appropriating funds in the amount of $40,000 from the General Fund
reserves to Capital Improvements Account No. 01-710-451-000-943; and authorizing the City
Engineer to issue any necessary Change Orders to complete the work in conformance with the
Administrative Instructions.

6-J: WATER WELL CONSTRUCTION: Contract No. 5217(CCS) was awarded to McCalla
Bros., in the amount of $452,493 for the construction of three water wells; authorizing the
Utilities Manager to waive errors in the bid, issue any change orders necessary to complete
additional work as required in an.amount not to exceed the funds available in conformance with
the Administrative Instructions on Change Orders.

6-K: NEIGHBORHOOD SUPPORT CENTER/FACILITY COSTS: A
recommendation to appropriate $15,000 from the General Fund

October 11, 1988

reserves in account number 01-200-262-000-693 to the Neighborhood Support Center for rent and facility
costs for the remainder of the current fiscal year was approved.

6-M: NME HEADQUARTERS INC.: A recommendation to authorize the execution of Consent to Transfer
and Assignment between National Medical Enterprises, Inc., NME Headquarters, Inc., and the City and to
amend Contract No. 3743(CCS) was approved.

END OF CONSENT CALENDAR

6-E: CALTRANS GRANT/TRAFFIC SIGNAL TIMING: Presented as a
resolution authorizing the City Manager to apply for $9,, 00 of
FETSIM funds for the improvement of traffic signal timing along
20th Street; and upon grant approval, revise the budge enue
account 20-932-365-000-000 to reflect an increase of $ and
appropriate $9,900 to account 20-770-416-000-955. Discused a was
$ 9 0 C Rin a_ at evo ~9 , 00 s ion held. Mayor Conn moved to adopt Resolution No. 7702 entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING FUEL
EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION" reading by title
only an Iwaiving further reading thereof. Second by Mayor Por TempaO H. Katz. The motion was
approved by the'following vote:

Council vote: Unanimously approved 7-0

6-L: RESCHEDULED CITY COUNCIL MEETING: Presented was a recommendation to reschedule the
November 8 Council meeting to November 1, 1988. Discussion was held. Councilmember Finkel moved to
approve the staff recommendation, thereby rescheduling the November 8, 1988, Council meeting to
November 1, 1988. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following
vote:

Council vote: Unanimously approved 7-0

7 -A: DAMAGED SIDEWALKS/ DRIVEWAYS/ CURBS: - Presented 'was- a staff report and a public
hearing on the assessments of costs to repair damaged sidewalks, driveways and curbs. The, public hearing
was declared opened. 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. 7706(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-f. AND CURBS (SR-88-118),11 reading, by title only and waiving further
reading thereof, thereby confirming the assessments for the repair of damaged sidewalks, driveways, and
curbs on various streets within the City. Second by Councilmember Reed. The motion was approved by
the following vote:

Council vote: Unanimously approved 7-0

October 11, 1988

8-A: SMOKING IN RESTAURANTS: Presented was a staff report transmitting an ordinance for
introduction and first reading amending Chapter 9A of Article IV of the Municipal Code to regulate
smoking in restaurants. Discussion was held. The public hearing was declared opened. Dr. Harvey
Frey, Jon Sedillos, Dr. William McCarthy, Dr. John Horns, Robert Simmons, Joseph Cook, Bob Stern,
Ed McCarroll, Dr. Stan Rubin, Dr. Bambi Young, Richard Brenne, and Lawrence Stone spoke in
support of the proposed ordinance that would require 70% of the seats in a .restaurant to be designated
as non-smoking. Robert Segal spoke in support of the ordinance requiring 70% of the restaurant seats
being designated as non-smoking, and the establishment of clean air standards for restaurants. Walt
Bilofsky spoke in support of the ordinance requiring 70% of the restaurant seats being designated as
non-smoking, and eliminating the exemption for small restaurants. Polly Brown and Alison Smith
spoke in support of the ordinance requiring 70% of the restaurant seats being designated as
non-smoking, and opposed the option of establishing "rolling" sections that would shift from smoking
sections to non-smoking sections depending on the clientele. Judy Abdo spoke in support of an
enforceable ordinance with greater community education. Rudy Cole, Gerald Breitbart, and Russ
Barnard spoke in support of the proposed ordinance that would require 50% of the seats in a restaurant
to be designated as non-smoking, with the option of establishing "rolling" sections. Selwyn Yosslowitz
spoke in support of restaurants voluntarily establishing non-smoking areas based on the needs of their
clientele.

Mayor Pro Tempore H. Katz moved to hear from late speakers. Second by Councilmember Zane. The
motion was approved, Councilmember Finkel opposed.

Dr. Allana Elonson spoke in support of the ordinance requiring 70% of the restaurant seats being
designated as non-smoking. Bernard Segal spoke in support of a statewide effort to address the issue of
smoking in restaurants on a: larger front. There being no one else wishing to speak, the public hearing
was declared closed. Discussion was held. Councilmember A. Katz moved to introduce for first reading
an ordinance (attachment 2 of the staff report dated October 11, 1988) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9A OF
ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE TO REGULATE SMOKING IN
RESTAURANTS," reading by title only and waiving further reading thereof. Second by
Councilmember Finkel. Councilmember A. Katz moved to amend the motion to include an exemption
for bars (as stated in Section 4925(c) of the alternate ordinance submitted to Council as attachment 1 of
the staff report dated October 11, 1988), and to delete all reference to bars from the ordinance. The
motion was accepted as friendly. Councilmember A. Katz moved to amend the ordinance (attachment
2) to delete the requirement for the submittal of a seating plan (p.6, subsection (h),(l)) ; and to require
that no more than 30% of the seating. capacity of the service area of a restaurant, at a given time, may
be a smoking area. During

October 11, 1988

discussion, the motion was clarified by the City Attorney to strike subsection (h)(1), and amend
subsection (h)(2) as follows: strike out "enclosed floor area," so that the subsection would read,
"The designated smoking area comprises no more that 30% of the total seating capacity of the
restaurant, bar, or bar area in use for service of food or beverages to patrons." The amendment was
accepted as friendly. Discussion was held. Councilmember A. Katz moved to amend the ordinance
to exempt banquet rooms when used for private functions. During discussion, the City Attorney
clarified the motion to read: 11(b) Separate banquet rooms within restaurants, restaurant or hotel
banquet rooms, when in use for private parties or functions not open to the general public." The
amendment was accepted as friendly. Discussion was held. Councilmember Reed moved to amend
the ordinance (p. 4, Section 4922(a)) to delete the words "exclusive of sporting events." The
amendment was accepted as friendly by the maker and second of the main motion. councilmember
Reed moved to substitute 50% for 30% throughout the ordinance. The motion failed for lack of a
second. Discussion was held. Councilmember Jennings moved to amend the ordinance (Section
4925(d)) to exempt outdoor seating in uncovered areas. Second by Councilmember Reed. The
amendment was accepted as, friendly. Mayor Pro Tempore H. Katz moved to substitute 40% for
30% throughout the ordinance. Second by Councilmember Reed. Discussion was held. The
motion to amend the ordinance was approved by the following vote:

Council vote: Affirmative: Councilmembers Jennings, H. Katz, Reed, Mayor
Conn

Negative: Councilmembers Finkel, A. Katz, Zane

councilmember Finkel requested that the record reflect while the ordinance is better than nothing,
it's not much better than nothing, and he thinks that the no vote is intended to symbolize
the-statement of the need to have a stronger ordinance.

Discussion was held. Councilmember Reed moved to amend the ordinance to ekempt nightclubs
that provide incidental food service. During discussion -- nightclubs were defined as
establishments which primarily offer live entertainment or dancing and which may serve food or
beverages, and to include the exemption for nightclubs in Section 4925, after cocktail lounge, and
to direct staff to reference the Zoning Ordinance definition of nightclub in the appropriate place. The
motion was accepted as friendly. Councilmember Reed moved to amend the ordinance to remove
"public schools" from Section 4921(e) . The~ motion was accepted as friendly- Councilmember
Reed moved to amend the ordinance to delete the words "boardinghouse, guesthouse," from
Section 4921(e) . Second by Mayor Pro Tempore H. Katz. The amendment was accepted as
friendly. Councilmember Reed moved to amend the ordinance to delete the words "sandwich
stand" from Section 4921(e). Second by Mayor Pro Tempore H. Katz. The amendment was
accepted as friendly. During discussion, the amendment was restated to include direction to staff
to remove

October 11, 1988

the words "tavern, cocktail lounge," as well from Section 4921(e). Councilmember Reed moved to
amend the ordinance to delete the words, "catering f acilities, 11 f rom Section 4921 (e) . The
amendment was accepted as friendly.

Mayor Pro Tempore H. Katz moved to extend the meeting beyond 11:00 p.m. Second by Counci m er
Finkel. The motion was unanimously approved.

Discussion w as held. Councilmember Zane moved to amend the ordinance to delete the words, "those
areas of such establishments set aside for the serving of food and drink." The motion was accepted as
friendly by the maker and second of the motion. During discussion, at the recommendation of the City
Attorney, the ordinance was amended to renumber subsection (h)(2) as subsection (h) (1) , and to
amend the wording of the paragraph to include the phrase "and adjoins the non-smoking area on not
more than two sides" at the end of the paragraph. Discussion was held. The main motion to introduce
the ordinance as amended 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 she is voting no because of a lack of an
exemption for the small restaurants.

8-B: CONSTRUCTION HOURS: Presented was a staff report transmitting an ordinance for
introduction and first reading amending municipal Code Sections 4313 and 4314 to further limit hours
of construction, maintenance, or repair of buildings. The public hearing was declared opened. Joy
Fullmer spoke in support of the proposed ordinance, and expressed~-i concerns, regarding
construction activity in her neighborhood. There being no one else wishing to speak,- the public
hearing was- declared closed. Councilmember Finkel moved to approve the staff recommendation,
thereby introducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY ~
COUNCIL OF THE CITY OF SANTA MONICA AMENDING -SANTA' MONICA MUNICIPAL
CODE SECTIONS 4313 AND 4314 TO FURTHER LIMIT THE HOURS ALLOWED FOR
CONSTRUCTION, MAINTENANCE, OR REPAIR OF BUILDINGS IN THE CITY OF SANTA
MONICA, 11 reading by title only and waiving further reading thereof. Second by Councilmember
Jennings. Discussion was held. Councilmember Reed moved to page 2 paragraph (c) of the -
ordinance to delete the words "and only if there are no residentially zoned districts located within five
hundred (500) feet of the perimeter... 11 and substitute the words "and only after notification has
been,given to all residential units within a five hundred (500) foot radius of the perimeter... 11 The
amendment accepted as friendly by the maker and second of the motion. During discussion, the
amendment was clarified to indicate that the same notice language would

October 11, 1988

occur throughout the ordinance, and that Council would be removing the same
prohibition language regarding the 500 foot perimeter for residential districts. At the
suggestion of the the City Attorney, the amendment was reworded to put a period (.)
after the words "public interest," and insert a new sentence reading: "The person
seeking the permit shall provide notification to persons occupying property within a
perimeter of five hundred (500) feet of the proposed demolition, excavation, or grading
site prior to commencing work pursuant to the permit. The motion, as amended, was
approved by the following vote:-'

Council vote: Unanimously approved 7-0

11-A: CHILD CARE FACILITY/MARINE PARK: Presented was a staff report on the
status of child care efforts and a request for authorization to develop and implement a
City sponsored child care facility at Marine Park, and appropriation of $150,000 for
facility design, equipment, and start up costs. Member of the public Joy Fullmer spoke
in opposition to the staff recommendation. Mayor Pro Tempore H. Katz moved to
approve the staff recommendation, thereby authorizing staff to utilize a portion of
Marine Park as the site for a child care center; to work in consultation with the
Recreation and Parks Commission and other interested groups to incorporate
community input into planning the center; to issue an RFP for an operator to design,
develop and operate the center/pre-school including designating a consultant to fully
implement the start up of the center; and to appropriate $150,000 from General Fund
Reserves to CIP account #01-710-262-000-953 for facility design and renovation.
Second by councilmember Zane. Councilmember Reed moved an amendment to the
motion to include a stipulation that the RFP specify that the operator be a non-profit
organization. The amendment was accepted as friendly by the maker and second of the
motion. The motion, as amended was approved by the following vote:

Council vote:

Unanimously approved 7-0

Councilmember Zane moved to direct staff to evaluate other sites in-the parkfsystem,
and return to Council with a report at budget time about the potentiality for similar
programs developed in the other parks in the City. Second by Councilmember A. Katz.
The motion was unanimously approved.

11-B: CLOSED SESSION: Held later in the meeting.

12 -A: CUP 508/ON-S-ITE ALCOHOL SALES/1700 OCEAN , AVENUE: Presented
was appeal of the Planning Commission technical denial of CUP 508 to,permit the
on-site sale of,.alcohol at hotel-located at 1700 Ocean Avenue. Discussion was held..
George Caplan, representing the applicant/appellant , Santa Monica Hotel Associates,
Ltd., and member of the public D. T. Michels spoke in support of, the appeal. Mayor
Pro Tempore H. Katz moved to approve the staff recommendation and reverse the
Planning Commission's denial of CUP 508, approve the applicant's appeal,

October 11, 1988

and adopt the findings and conditions contained in the August 17, 1988 Planning
Commission staff. report, with the added condition that the mini-bars have locks that
operate with a key separate from the room key. Second by Councilmember Reed.
Discussion was

Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn

Abstain: Councilmember Finkel

12-B: CUP 516/CONDOMINIUM/3003 THIRD STREET: An appeal of the Planning
Commission denial of CUP 516 to construct a 2-story plus loft, 5-unit condominium with
subterranean parking at 3003 Third Street was withdrawn at the request of the appellant.

13-A: HEAVY TRUCKS ON 26TH STREET: Presented was the request of J. Leo
Partridge to address Council regarding heavy trucks on 26th Street. Mr. Partridge
expressed his concerns regarding unauthorized truck access to the develoment at 2701
Ocean Park Boulevard. Discussion was held. Council directed staff to investigate the
problem and report back to Council and Mr. Partridge and the neighborhood residents.

13-B: LIBRARY POLICY: Presented was the request of Frank Tuler to address Council
regarding library policy and periodical reading. Staff indicated that Mr. Tuler's problem
had been resolved. Mr. Tuler's request to address the Council was received and filed.

13-C: OCCIDENTAL OIL COMPANY DRILLING PROJECT/PACIFIC PALISADES:
The request of Ken Genser to address Council regarding Occidental Oil Company drilling
project in Pacific Palisades was continued to October 25, 1988, as a 11511 Item at the
request of Mr. Genser.

13 -D: POLICE SERVICES AND VIRGINIA , PARK: Presented was 'the
request of Lyni A. Duran to address Council regarding expansion
of police ' services at Virginia Park. Ms. Duran spoke in support
of . increased youth services and expansion of facilities in
Virginia Park. Discussion was held. Councilmember Reed moved to
direct staff to take this suggestion enhanced youth programs
in concert with the Police Department operation to the Recreation
and Parks Commission, so that the Commission can start the
exploration of what kind of need exists, what amount of space is
necessary to meet the need, how to provide the space, and the
costs of the space, and to direct staff to report back to
Council. Second by Mayor Pro Tempore H. Katz. During discussion
Councilmember Zane moved to direct staff to return with a
progress report within 60 days, and to notify Ms. Duran when the
item returns,to the,Council agenda. The amendment was accepted
as friendly by the maker and second. of the motion. The motion,
as amended, was unanimously approved.

14 -A: PLANNING COMMISSION: Presented was the matter of the appointment of a
member to the Planning commission. Mayor Conn

October 11, 1988

declared nominations opened. Councilmember Zane nominated Laurel Roennau. Mayor Pro Tempore
H. Katz nominated John Kaufman. Mayor Conn nominated Margaret Henry. Hearing no other
nominations, the nominations were declared closed. The vote on the nominations was as follows:

Laurel Roennau: Councilmembers Finkel, Zane

John Kaufman: Councilmembers Jennings, A. Katz, H. Katz, Reed

Margaret Henry: Mayor Conn

Therefore, John Kaufman was appointed to the Planning Commission for a term ending June 30, 1991.

5-A: ARCHITECTURAL REVIEW BOARD: Councilmember Reed moved to direct the City Clerk to
advertise for the vacancy on the Architectural Review Board created by the promotion of John
Kaufman to the Planning Commission, and specify that that vacancy be filled by an architect.
Secondby Mayor Pro Tempore H. Katz. The motion was unanimously approved. By this action,
Council confirmed the appointment of Terry Graboski to the Architectural Review Board to fill the
vacancy created by John Kaufman, for a term ending June 30, 1989.

14-B: AIR QUALITY MANAGEMENT PLAN: Presented was the request of Councilmember Reed to
discuss support for the Air Quality Management Plan. Councilmember Reed moved to direct staff to
prepare an outline briefing the Council on the contents of the plan and to return to Council at its next
meeting with a resolution prepared for Council adoption, if Council chooses to support the Air Quality
Management Plan. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved.

14-C: PAYROLL DEDUCTION PLAN/CHILD SUPPORT PAYMENTS: Presented was the request
of Councilmember A. Katz to discuss implementing a . payroll deduction plan for child support
payments. Councilmember A. Katz moved to direct staf f to investigate, and if feasable, implement a
program that would permit City of Santa Monica employees to have their child support payments
automatically witheld from their paychecks and forwarded to their ex-spouse. Second by
Councilmember Reed. Discussion was held. The motion was unanimously approved.

14 -D: RADON GAS: Presented was the request of Councilmember Zane to discuss a possible City
test to determine extent, if any, of the presence of radon gases in the soil. Councilmember Zane moved
to direct staff to develop a program to determine the extent,, if any, of the presence of radon gases in
the soils of our community, and to! direct staff to return to Council with their recommendation for the
development of the program. -Second by Mayor Pro Tempore H., Katz. Discussion was held. The
motion was unanimously approved.

October 11, 1988

14 -E: OCCIDENTAL OIL COMPANY/COASTAL DRILLING: The request of Councilmember
Zane to discuss problems created f or Santa Monica by potential Occidental oil drilling on the coast
was continued to October 25, 1988, as a 11511 item.

14-F: MALATHION SPRAYING: Presented was the request of Councilmember Zane to discuss City
attitude regarding malathion spraying. Councilmember Zane moved to direct staff to examine options
for dealing with the medfly on a local level so as to avoid aerial spraying if feasible. Second by
Councilmember A. Katz. Discussion was held. The motion was unanimously approved.

14-G: L.A. COUNTY CONDOM AND BLEACH DISTRIBUTION PROGRAM: Presented was the
request of Mayor Conn to discuss support of West Hollywood's request the that County Board of
Supervisors reconsider proposed condom and bleach kit distribution program. Mayor Conn moved to
request Council to join with West Hollywood in petitioning the County of Los Angeles to reconsider
their position regarding distributing condoms and bleach kits to high risk individuals to prevent the
spread of HIV infection. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was
unanimously approved.

14 -H: COUNCIL CHAMBERS FEE/STATE LANDS COMMISSION: Presented was the request of
Mayor Conn-to discuss waiving the fee for use of the Council Chambers by the State Lands
Commission on October 7, 1988. Mayor Conn moved to waive the f ee f or the use of the Council
chambers. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved.

14-1: ASBESTOS CLEANUP: Presented was the request of Councilmember A. Katz to discuss the
cleanup of asbestos in sites identified in the State Department of Health Study. Councilmember A.
Katz moved to request Council to Support Supervisor Kenneth Hahn's-.motion ;for, the cleanup of
sites identified in the state study of asbestos sites; to support an additional motion to fund an
inspection of all 4,500 county-owned or leased buildings to determine their asbestos condition, if any;
to direct staff to consider ways to assist the County in its study as it relates to the County building in
Santa Monica; and to direct staf f to report on the status of any asbestos studies that may have been
conducted concerning asbestos in Santa Monica owned or leased buildings or, if no such studies have
been done, to direct staf f to report back to Council as soon as possible with a plan to conduct such. a
study. This study to be coordinated with the School and%College District to include their facilities, if
possible. Second by Mayor Pro Tempore H. Katz. Discussion was held. Councilmember Finkel moved
to amend the motion to include the 'direction to , staff to e_xamine and make appropriate
recommendations for possible action to provide substitute health facilities during the period of the
shut-down of County health facilities. The amendment was accepted as friendly by the maker and
second of the original motion. The motion, as amended, was unanimously approved.

October 11, 1988

14-J: COUNCILMEMBER REED/COUNTY TRANSPORTATION COMMISSION: Presented was
the request of Councilmember Reed to discuss support for re-election to Los Angeles County
Transportation commission. Councilmember A. Katz moved to express Council's support of
Councilmember Reed I s re-eletion to the Los Angeles County Transportation commission. Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.

14-K: COUNCILMEMBER REED/CALFORNIA LEADERSHIP CONFERENCES ON WATER:
Presented was the request of Councilmember Reed. to discuss authorization to charge to travel account
meetings and conference costs related to the California Leadership organization on water policy
issues. Mayor Pro Tempore H. Katz moved to authorize Councilmember Reed7to charge to her
travel account those expenses related to her attendance at meetings and conferences on water policy
issues. Second by Councilmember Reed. The motion was unanimously approved.

14-L: YOUTH SERVICES: Presented was the request of Councilmember Jennings and Mayor Pro
Tempore H. Katz to discuss actions to improve quality of services provided to City youths.
Councilmember Jennings moved to request that Council's representatives on the City/School
Cooperation Committee work with the School District on developing an effective method for soliciting
input from high school and middle school students regarding their needs, for example, either a written
survey or a series of assemblies; and request that representatives on that committee and staff establish
a working group of interested youths to facilitate the above-mentioned information gathering and
develop the ideas generated by that process. The goal of this working group would be to identify those
youths who are leaders and should form the nucleous of a Youth Commission. Second by Mayor Pro
Tempore H. Katz. * Councilmember Finkel moved to amend the motion to include the provision of
refering this same issue to the Youth Taskforce, and directing the liaisons to emphasize, in their
discussions with the* School District, that Council's intent is to get at the at-risk students. Discussion
was held. The Amendment was accepted as friendly by the maker and second of the motion.
Discussion was held. The motion, as amended, was unanimously approved.

14-M:,.., COUNCIL CHAMBERS FEE/CALIFORNIA ENERGY COMMISSION: Presented was the
request of Mayor Conn to discuss waiving fee for use of Council Chambers by California Energy
Commission on October 19, 1988. Mayor Conn moved to waive the fee for use of the Council
Chambers. Second by Councilmember A. Katz. The motion was unanimously approved.

Mayor Conn moved to add Item 14-N to the Council agenda as the need to take action arose after the
agenda was posted. The motion was duly seconded and unanimously approved.

14 -N: PROPOSITION 99: Presented was the request of Mayor Conn to discuss supporting
Proposition 99, the initiative to add a tax

October 11, 1988

to cigarettes. Mayor Conn moved to express Council's support of Proposition 99. Second by
Councilmember A. Katz. The motion was unanimously approved.

11-B: 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. Councilmember Jennings moved to approve settlement of a claim by Vaughn Printing, Inc. v.
city of Santa Monica, et al., Claim No. CSM 88-4-239, in the amount of $16,432.40. Second by
Councilmember A. Katz. The motion was approved by the following vote:

Council vote: Unanimously approved 7-0

ADJOURNMENT: At 1:15 a.m., the meeting was adjourned in memory of Assemblyman Ernest
Tucker, and Jack Schermerhorn.

ATTEST:

Donna R. Betancourt
Acting City Clerk

APPROVED:

James P. Conn Mayor

October 11, 1988