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M-2/11/1986 408 CITY OF SANTA MONICA CITY COUNCIL MEETING FEBRUARY 11, 1986 I A meeting of the Santa Monica City C uncil was called to order at 7:35 p.m. by Mayor Reed on Tuesday, February 11, 1986, 1n the Council Chambers. Councilmember Jennings led the assemblage 1n the pledge of alleg1ance to the United States of America. Reverend Clarence J. Dav i s 1 Jr., Mount Hebron Bapt ist Church, offered the invocat1on. Roll Call: Present: Mayor Chr1stine E. Reed Mayor Pro Tempore William Jennings Councilmember James Conn Councilmember David Epste1n Counc1lmember Alan S. Katz Counc1lmember Herb Katz Councilmember Dennis Zane Also Present: C1ty Manager John Jal1l1 Clty Attorney Robert Myers C1ty Clerk Ann Shore 4-A: SERVICE RECOGNITION: Mayor Reed commended former Recreat lon and Parks Comm1 SSloner Doug Scott and noted that a plaque had been prepared 1n recognition of hls past service to the CommissIon. 4-B: COMMISSION VACANCI ES: An announcement was made of vacancies on the Recreation and Parks Comm1ssion and BU1lding and Safety Comm1ss1on. Counc1lmember Epste1n moved to add late I terns 14-C and 14-D to the agenda. Second by Counc1lmember Conn. The motion was unanlmously approved. SPECIAL JOINT MEETING/CITY COUNCIL AND REDEVELOPMENT AGENCY A special j01nt meet1ng of the City Council and the Redevelopment Agency was called to order by Chairperson Reed at 7:40 p.m. Roll Call: Present: Chairperson Christine E. Reed I Chairperson Pro Tempore William H. JennIngs Agency Member James P. Conn Agency Member David G. Epstein Agency Member Alan S. Katz Agency Member Herb Katz Agency Member Dennis Zane 1 February 11, 1986 I I 4U~ Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore CC/RA-1: APPROVAL OF MINUTES: Presented for approval were the minutes of the Redevelopment Agency meetings held December 10, and December 17, 1985. Councilmember Conn moved to approve the minutes as presented. Second by Councilmember EpsteIn. The motIon was unan1mously approved. CC/RA-2: 1985-86 MID-YEAR BUDGET: Presented was a staff report recommendIng approval of 1985-86 the Mid-Year Budget review report, adoptIon of resolutions affectIng revenues and expendItures, and approval of personnel actIons. DISCUSSIon was held. Councllmember Conn moved to adopt Resolution No. 7155(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1985-86," readIng by tItle only and waivIng further readIng thereof. Second by Councllmember A. Katz. The motIon was approved by the following vote: CouncIl vote: UnanImously approved 7-0 Agency Member Conn moved to adopt ResolutIon No. 402(RAS) entItled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MNICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1985-86," reading by tItle only and waiving further readIng thereof. Second by CouncIlmember EpsteIn. The motIon was approved by the following vote: Agency vote: UnanImously approved 7-0 DI scussion was held. Councllmember Conn moved to Instruct the CIty Manager, In presenting the annual budget and recommendatIons, to propose fIve optIons for revenue enhancement and f1 ve optIons for expendI ture cuts, includIng the pros and cons for each optIon. Second by Councllmember Zane. DISCUSSIon was held. The motIon was approved by unanImous vote. ADJOURNMENT: At 7:47 p.m., Councilmember Epstein moved to adjourn the specIal JOInt meeting. The motion was duly seconded and unanImously approved. REGULAR CITY COUNCIL MEETING RECONVENED CONSENT CALENDAR: The Consent Calendar was presented whereby all I terns are considered and approved In one motIon unless removed from the calendar for dIScussion. CouncIlmember EpsteIn moved to approve the calendar wIth the exceptIon of Items 6-G, 6-H, 6-J, 6-K, and 6-0, readIng resolutions and ordinances by tItles only and wai vIng further readIng thereof. Second by CouncIlmember Conn. The motIon was approved by the following vote: 2 February 11, 1986 410 Council vote: Unanimously approved 7-0 6-A: APPROVAL OF MINUTES: The mlnutes of the Clty Councll meetlng held January 28, 1986, were approved. 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolutlon NO. 7156(CCS): entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," arlsing from past storms, high tldes and heavy surf, was adopted. 6-C: UTILITY UNDERGROUNDING: ResolutIon No. 7157(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE PROPOSED (Southern CalIfornla Edison Co.) EDISON-LEAGUE OF CALIFORNIA CITIES ALLOCATION PLAN FOR RULE 20A FUNDS," regardIng allocatIon formula for utillty undergroundlng, was adopted. 6-D: SIDEWALKS/DRIVEWAYS/CURBS: ResolutIon No. 7158(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-86-77)", settIng a publlC hear1ng date for March 11, 1986, was adopted. 6-E: SENIOR NUTRITION AND RECREATION PROGRAM: ResolutIon No. 7159 (eCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY PERSONS," was adopted, apprOVIng Contract No. 4641(CCS). 6-F: WATER CONSERVATION GRANT FOR CLOVER PARK: ResolutIon No. 7160 (CGS) en tl tIed : "A RESOLUTION OF THE CITY COUNG IL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR DEVELOPMENT OF THE GLOVER PARK EXTENSION {located at 2600 Ocean Park Boulevard)," and a Negative CEQA DeclaratIon, were adopted. 6-1: WILSHI RE BOULEVARD RECONSTRUCT ION: A r ecommendatlon was approved to reject all bIds for reconstruction of WIlshire Boulevard from 21 st Street to CentInela Avenue and authorize readvertisement of proJect. 6-L: PAINT SUPPLIES: A recommendatIon was approved to award BId No. 2039 to Dunn-Edwards Corporation In amount of $31,400.45 to purchase paInt and paint supplies for the Central Warehouse. 6-M: FIRE VEHICLES: No. 2041 to Grumman $30,401.40 to repaIr, the Flre Department. A recommendatIon was approved to award BId Emergency Products ln the amount of repaInt and refinIsh two fIre vehIcles for 3 February 11, 1986 I I I I {,ILL 6-N: PARKING AND TRAFFIC SIGNS: A recommendatIon was approved to award BId No. 2042 to WIndsor Displays In the amount of $70,497.68, for purchase of Illuminated and non-Illuminated SIgns for the ParkIng and Traffic EngIneering DiVISIon. END OF CONSENT CALENDAR 6-G: SALARY RATES/CLASSIFICATION SPECIFICATIONS: Presented was a staff report and a supplemental staff report requestIng approval of four new classifIcation specIficatIons, approved by the Per sonnel Bo ard at theIr regul ar meetIng of February 10, 1986, and transmIttIng resolutIons establishIng salary rates for the new classlfIcatlons. DIScussIon was held. Councllmember Conn read lnto the record the revision recommended by the Personnel Board In regard to the classificatIon specIfIcatIon for the PIer Manager, that the f1rst sentence under "DesIrable Tra1nlng and ExperIence" read as follows: "Graduation from an accredited college or unIversity wIth a degree IncludIng coursework In adminIstratIon or management." Councllmember Conn moved to approve the staff recommendations, thereby approvIng four new claSSIfIcation specifIcatIons (Conservation CoordInator, Crime Analysis/PreventIon UnIt SuperVIsor, Pier Manager, and Property/EvIdence CustodIan), and adoptIng ResolutIon No. 7161 (CCS) entl tIed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR THE POSITIONS OF CRIME ANALYSIS/PREVENTION UNIT SUPERVI SOR AND PROPERTY/EVIDENCE CUSTODIAN", and Resolution No. 7162(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR THE POSITIONS OF CONSERVATION COORDINATOR AND PIER MANAGER," readIng by tItles only and waIvIng further readIng thereof. The motIon was duly seconded and approved by the follow1ng vote: Councll vote: UnanImously approved 7-0 6-H: FEDERAL FUNDING ACTIVITIES: Pr esented was a staff report recommending approval of resolutIons regardIng actIVItIes In support of continued federal fundIng of the General Revenue SharIng and CommunIty Development Block Grant Programs. Discussion was held. Councilmember Zane moved to approve the staff recommendation, thereby adoptIng ResolutIon No. 7163 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE REAUTHORIZATION OF FEDERAL GENERAL REVENUE SHARING LEGISLATION," and Resolution No. 7164(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE CONTINUED FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM," readIng by titles only and waIVIng further thereof, and authorizIng the City staff and the CIty CommisSIons to undertake the proposed actIVItIes, including CommlsSIon communIcatIons to legislators, if so desired by the CommIssions. Second by Councilmember H. Katz. The motIon was approved by the followIng vote: 4 February 11, 1986 412 Council vote: Unanimously approved 7-0 6-J: STREETLIGHTS CONSTRUCTION: Presented was a staff report recommending award of contract for construction of streetl1ghts on Berkeley and 14th Streets between Santa Monica and Wilshire Boulevards, 26th Street from Pica Boulevard to Pearl Street, and I California Avenue between 18th and 20th Streets to Paul Gardner Corporation. DiScussion was held. CouncIlmember Zane moved to approve the staff recommendatIon, thereby (1) awardIng Contract No. 4642 (CCS) for the con structIon of streetlights on varIOUS CIty streets as descrIbed above to Paul Gardner CorporatIon, the lowest respons1.ble bIdder, In the amount of $124,973; and (2) authoriZing the City Engineer to Issue any change orders necessary to complete addl tlonal work to the extent of funds avaIlable in accordance wIth the AdmlnistratI ve InstructIon on Change Orders. Second by Councllmember Epstein. The motIon was approved by the following vote: Council vote: Unanimously approved 7-0 6-K: STORM DRAIN IMPROVEMENT: Presented was a staff report recommendIng the Mayor be authorized to send a letter to the Los Angeles CI ty CounCIl requestIng the CI ty of Los Angeles to pay one-third of capItal cost of Plco-Kenter storm drain Improvements. Councllmember H. Katz moved to hear from a member of the publIC for three minutes. Second by Councllmember lane. The motion was unanimously approved. Member of the publiC Wayne Hall spoke to request addItIonal regulations to prohlbl t tOXIC materials dumping and further steps to remedy beach water pollutants. DIScussion was held. Councllmember Epstein moved to approve the staff recommendatIon, thereby authoriz1ng the Mayor to send a letter to the Los Angeles City Council requestIng that the CIty of Los Angeles pay one-third of the capl tal cost of the Plco-Kenter storm draIn Improvements since approXImately one half of the drainage area to thIS storm drain IS In the CIty of Los Angeles and SInce several hundred thousand beach users are reSIdents of the CI ty of Los Angeles; the motIon to Include a suggestIon that In the budget process, staff address the questIon of a study of the storm draIn Issue. Second by Councllmember Zane. DISCUSS10n was held. Councilmember Zane moved an amendment to Include a reVIew of all our polICIes and actions around this area and a publIC hearing about the Plco-Kenter storm draIn and the problems related to It. I CouncIlmember EpsteIn indIcated he would accept the amendment as fr 1 endly. DI scu SSlon was held. Counc ilmember Zane Included In hIS amendment Councllmember EpsteIn's suggestion to ask staff to address this In the budget seSSIon, assemble the Information and agendlze the matter at an appropriate time prIor to the budget adoption. DISCUSSIon was held. DurIng dISCUSSIon, and with the consent of the second, Councilmember EpsteIn Incorporated into the motIon the CI ty Manager's suggestion that staff be directed to develop a tIme schedule and a methodology on how to approach 5 February 11, 1986 I I 41.3 thI S matter and let the Coun c 11 know when it can be done. The motIon, as amended, was unanImously approved. 6-0 : HEALTH CLUB REGULATIONS: Presented was a staff report recommendIng dIrectIon to CIty Attorney to prepare an ord1nance providing greater local regulatIon of health clubs. Councllmember Zane Introduced d~scussion. DIScussion was held. Councllmember Zane moved to approve the staff recommendation, thereby dIrectIng the CI ty Attorney to prepare an ordinance as outlined In the staff report dated February 11, 1986. Second by Councllmember Epstein. The motIon was approved by the follow1ng vote. Council vote: UnanImously approved 7-0 7-A: STREET LIGHTING: Presented was a staff report and a public hearIng on a proposed street lIghtIng dIstrict on 9th, 12th, and PrInceton Streets between WIlshIre and Santa MonIca Boulevards; Yale and Harvard Streets between Santa MonIca and Colorado A venue; HIll Street between 23rd and 25th Streets; 22nd Street between PICO Boulevard and Pearl Street; 31st Street between Pearl Street and Ocean Park Boulevard j and FranklIn Street from WIlshIre Boulevard to the Northerly CI ty limI ts. Councllmember H. Katz indIcated conflIct of Interest on thIS Item and left the dai s at 8: 45 p. m. CouncIlmember Epste In moved to hear from the publIC for three mInutes each. Second by Councllmember Conn. The motion was unanImously approved. DIScussion was held. The public hear Ing was declared open at 8: 51 p. m. Members of the publIC Don Franzen, Florence McIllece and Paul Rosenstein spoke In support of the staff recommendat Ion. Ru th Bryant and C. R. Davenport spoke in opposition to the staff recommendatIon. There beIng no one else wishing to be heard, CouncIlmember EpsteIn moved to close the publIC hearing at 9:08 p.m. Second by Councllmember lane. The motion was unanImously approved. Councilmember lane moved to proceed WIth the staff recommendatlon except for Franklin Street and 22nd Street and try to make sure that the neIghbors are well-informed and that there IS a clear expression of maJorl ty on those streets outlIned In the staff report. Second by Councilmember JennIngs. DIScussion was held. Councilmember EpsteIn moved a subStI tute motion to adopt the dIstrIct as proposed by the staff WIth the exceptIon of FranklIn, and, WI th respect to Fr ankl in north of L lpton, d 1rect staff to convene a communIty meeting WIth a VIew to pOSSIble inclusion of that area In the next dIstrIct. Second by Councilmember Conn. DISCUSSIon was held. WIth the consent of Councilmembers lane and EpsteIn, Mayor Reed framed the dISCUSSIon Into the follOWIng motion: that the hearIng has been closed and the matter held over to the next regular CounCIl meetIng for a further report from the staff, staff to meet wi th the appropr iate res Idents. The motion was unanImously approved. CouncIlmember H. Katz returned to the dais. 6 February 11, 1986 414 7-B: DAMAGED SIDEWALKS/DRIVEWAYS/CRUBS: Presented was a staff report and a publiC hearing on assessments of costs to repaIr damaged sldewalks, driveways, and curbs on various streets CSR-86-75). (Councllmember A. Katz departed the daIs.) At 9:25 P.M., the public hearIng was declared open. There beIng no one seekIng to be heard on thIS matter, the pUblIC hearing was I declared closed. Councllmember EpsteIn moved to acknowledge the written protest of Lyle and Carol Bre1tweiser and adopt ResolutIon No. 7165CCCS) 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-86-75)", readIng by tItle only and wal vIng further readIng thereof. Second by Councllmember Conn. The motIon was approved by the following vote: Council vote: UnanImously approved 6-0 Absent: Councilmember A. Katz 8-A: FAIR ELECTION PRACTICES COMMISSION: Presented was a staff report transmittIng an ordInance for adoptIon and second readIng abolIshing the FaIr Election Practices CommissIon, having been introduced January 28, 1986. Councilmember Conn moved for adoptIon and second readIng OrdInance No. 1357 (CCS) enti tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING SECTIONS 11203,11204,11205, AND 11208A AND AMENDING SECTIONS 11201 AND 11202 OF THE SANTA MONICA MUNI CI PAL CODE", readIng by tItle only and waiving further readIng thereof, thereby abolishing the Fair ElectIon PractIces CommissIon. Second by Councilmember H. Katz. The motion was approved by the followIng vote: CouncIl vote: Unanimously approved 6-0 Absent: Councilmember A. Katz Councllmember A. Katz returned to the dais. 8-B: MASSAGE ESTABLISHMENTS: Presented was a staff report transmlttlng an ordinance for adoptIon and second read1ng amendIng Chapter 12 of ArtIcle VI of the Municipal Code relatIng to massage regul ation, having been Introduced January 28, 1986. Counc i lmember Epstel n moved adoptIon of Ord lnance No. 1358 (eCS) en tl tl ed: "AN ORDINANCE OF THE CITY OF SANTA MONI CA AMENDING I CHAPTER 12 OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE RELATING TO MASSAGE REGULATION", reading by tItle only and waIVIng further readIng thereof. DiscussIon was held. The motion was duly seconded and unanImously approved by the following vote: CouncIl vote: AffIrmatIve: Councllmembers Conn, EpsteIn, JennIngs, Zane, Mayor Reed 7 February 11, 1986 I I 415 Negative: Councilmember H. Katz AbstaIn: Councilmember A. Katz Councllmember H. Katz requested the record to reflect the followIng: I am oppOSIng thIS, not because I obJect to the ordInance J becau se I don't; I thInk it IS a good one wIth the exceptIon that we are lax In not alloWIng freedom for these people to practice their professIon In hotels and motels at theIr choice. 10-A: AIRPORT LIABILITY AND FUEL TAX LEGISLATION: Presented was a report of the AIrport CommiSSIon requestIng support of AB 1801 (RobInson), a proposal to limit AIrport cIvil lIabIlIty, and AB 2419 (Eaves), a proposal to increase Jet fue 1 taxes. DISCUSS ion was held. Robert Mulbach, ChaIrman of the Airport CommiSSIon, spoke In support of the recommendatIon. Councilmember EpsteIn moved the Airport CommISSIon recommendatIon that Council state 1 ts formal support of AB 1801 and AB 2419 and dIrect sta ff to request our Sacramento representatIve to assist wIth passage of thIS legislatIon. Second by Councl1member Conn. The motIon was approved by unanImous vote. Counc1lmember A. Katz moved to hear Item 14-B (MiSSIng ChIldren Program) at thIS time, thus reorder lng the agenda, and allOWIng Assemblyman Ray DavIs to address CouncIl on this Item. Second by Councl1member H. Katz. The motIon was unanImously approved. 14-B: MISSING CHILDREN PROGRAM: Presented was the request of Councilmember A~ Katz to dISCUSS inItiatIon of a m1sslng chIldren's program In Santa Monica. Councllmember A. Katz Introduced dISCUSS Ion regard lng the goals and elements of the mISSIng children program. Assemblyman Gray DavIs spoke in support of the proposed program. Councilmember A. Katz moved to instruct staff to In1tlate a Santa MonIca mIssing children program containIng the elements as described. Second by CouncIlmember EpsteIn. The motIon was approved by the following vote: CounCIl vote: UnanImously approved 7-0 Council recessed at 9:42 P.M. and reconvened at 10:50 P.M. 11-A: HOMELESS SERVI CES/FUNDING: Presented was a dIScussion of fundIng opportunItIes for expanded serVIces to the homeless and recommendat1on to authorize the CIty Manager to coord1nate actiVItIes WIth other local JurISdIctIons in seekIng addItIonal fundIng. D1Scussion was held. Councilmember Conn moved to dIrect staff to create an interdepartmental task force on the homeless problem, come back with a plan, and evaluate the InclUSIon of Judges and related branches of other governmental layers In the local level. Second by Mayor Reed. DIScussion was held. The motion was unanImously approved. DISCUSSIon was held. 8 February 11, 1986 416 Councilmember Zane moved to direct staff to evaluate the proposal submi t ted by the Con ven tlon and VI SI tors I Bureau, more specIfically wIth respect to the Issues concerning PalIsades Park, come back to Council at the most approprIate occaSIon to gl ve their evaluation, and IndIcate what would be requIred to Implement a program, and Its budgetary sIgnIficance. Second by Councllmember EpsteIn. DIScussIon was held. The motion was unanImously approved. DiscussIon was held. I Councllmember Zane moved to expedItiously and ImmedIately elImInate the disgraceful conditIon of the bathrooms In the mall area parking structures. Second by Councllmember EpsteIn. The motIon was unanImously approved. DIScussIon was held. Councllmember A. Katz moved to dIrect staff to investIgate whether the report regardIng a homeless bus tour is valId and then to wrIte a letter to the approprIate party expreSSIng our dIsmay and our beIng appalled at such conduct. Second by Councllmember H. Katz. The motIon was unanImously approved. Councllmember A. Katz moved to authorize members and staff to explore mechanIsms for establIshing a public and a private task force of regIonal nature to evaluate eXIstIng programs and studIes to determIne projects of merIt and accomplIshments that could then be Implemented on a regIonal basis. Second by Mayor Reed. DISCUSSIon was held. The motIon was unanImously approved. Councilmember Epstein requested the record to reflect that staff IS requested to prOVIde an InformatIon report summarizing the CIty'S efforts; i.e., InformatIon to citIzens of the Clty1s efforts, responses to problems raised, available referral agenCIes, etc. DIScussion was held. Councllmember EpsteIn moved to approve the staff recommendatlon, thereby authorlz1ng the City Manager to coordInate fundIng opportunItIes for expanded homeless serVIces, IncludIng the possible inclUSIon of Santa MonIca In any fundIng applIcatIons made by the County of Los Angeles to the Robert Wood Johnson FoundatIon. Second by Councllmember H. Katz. The motion was unanimously approved. ll-B: REFUSE COLLECTION HOURS: Presen ted was a staff report recommend lng the CI ty Attorney be dIrected to amend MunICIpal Code SectIon 5273C to reVIse refuse collectIon hours, from 10:00 I p.m. to 6:00 a.m., to 10:00 p.m. to 7:00 a.m., except In M1 and M2 zones. Councilmember Epstein moved to extend the meetIng to mIdnIght. Second by Councllmember Conn. The motIon was unanimously approved. DISCUSSIon was held. Councllmember EpsteIn moved to dIrect the CIty Attorney to prepare the necessary ord inance, thus res tr iCtl ng refuse collectIon between 10:00 p.m. and 7:00 a.m. except In M1 and M2 zones. Second by Councilmember Conn. The motIon was unanImously approved. 9 February 11, 1986 I I 4.1.1 11-C: TENANT INCENTIVE PROGRAM PETITION: Presented was a staff report recommending the Cl ty Attorney be dlrected to prepare resolutlons to place on the June 3, 1986 ballot a Charter Amendment petltIon (Tenant Incentlve Program) flIed wlth the Clty Clerk. Discusslon was held. Councllmember Conn moved to hear from the public for three mlnutes each. The motion was duly seconded and unanlmously approved. Members of the publIC John Jurenka and Archle Arzooyan spoke ln support of the Initiative. D1Scusslon was held. Councilrnember EpsteIn ~oved to dIrect staff to prepare the necessary resolutions to place thlS matter before the voters to be consolIdated WI th the June prImary electIon. Second by Councllmember H. Katz. DIScussIon was held. Councllmember Conn requested the record 1nclude thIS statement: My actlon In putt Ing thIS In It latl ve on the ballot 1 s purely min i ster ial by vIrtue of my offIce; this is my function, and I think that IS what I have to do. The motlon was approved by the following vote: CounCIl vote: UnanImously approved 7-0 Councllrnember Zane requested the record to contaIn a statement that there is no endorsement reflected In hlS yes vote on thlS measure. Councilmember A. Katz requested the record to reflect that thIS lS a mInIsterIal act. DiscuSSIon was held. Councilmember Epsteln moved Attorney to do further research on the que st Ion measure would pass by a two-thIrds vote or a percent plus one and any other questIon regardIng the petl tlon. Second by Counc llmember H. Katz. held. The motion was unanimously approved. to ask the Clty of whether the vote of fIfty the validlty of DISCUSSIon was Mayor Reed moved to secure the services of a municipal law firm to gIve Counci I an opInIon as to where the language of the petition should commence on the actual ballot. Second by Coun c-Ilmember Ep ste1n. DI SCUSSlon was held. Counc llmember EpsteIn moved an amendment to speclfy which law fIrm IS to be retained and to Include an expendIture amount not to exceed $5,000. During dIScussion, Mayor Reed Incorporated the amendment lnto the motIon. DurIng further diSCUSSIon, and With the consent of the maker, Councllmember Epsteln revlsed the amendment by deletIng the specIflc amount of $5,000 and replaCIng it WIth "out of the City Attorney's profeSSIonal serVIces budget." DurIng dISCUSSIon, Mayor Reed restated the motIon on the floor as follows: secure the serVIces of Burke, WIllIams, and Sorensen to adVlse Council on the specif1c pOInt of our legal obligation WIth regard to the petI tIon language that lS to be placed on the ballot, ask them to reVIew the CIty Attorney's opInIon, expend up to that amount If necessary, and further, ask them to make sure than none of theIr SubSIdIary aSSOCIates who might be In 11 tlgatlon WI th the CIty are aSSOCI ated In any way with thl S partIcular effort. The motion was approved by the following vote. 10 February 11, 1986 418 Council vote: Unanimously approved 7-0 11-D: CLOSED SESSION: Presented later in the evening. 13-A: TRAFFIC PROCEDURES: Continued to February 25, 1986. 13-B: BICYCLE RENTAL: Presented was the request of Usamah I KhuluSl to address Council regarding a proposal to bUIld a bicycle rental operation on Santa MonIca beach and MaIn Street. Usamah Khulusi spoke to request permIssIon to have a rental facilIty for four-wheel bIcycles on the Santa Mon1ca beach and MaIn Street. DIScusSIon was held. Councilmember EpsteIn moved to refer Mr. KhuluSl to the PIer Restoration CorporatIon. Second by Counc i lmember Katz. Di scu ssion was held in regard to the staff decIsion In this regard. Councllmember EpsteIn wi thdrew hIS orIgInal motIon and moved to recel ve and file the communication. The motIon was unanImously approved. 13-C: COMMUNITY CORPORATION PROJECT: Presented was the request of Clrielle Raphallan to address Council regarding a CommunIty Corporation ProJect at 1544 Berkeley Street. CIrIelle Raphallan spoke In opposItion to a CommunIty Corporation Project bU1lding beIng relocated at 1544 Berkeley Street. DI SCUSSIon was held. There beIng no obJectIon, Councllmember Epstein moved to receive and fIle the communication. 14-A: COMMISSION ON OLDER AMER ICANS: Presented was the matter of accepting the resIgnatIon of BenJamIn H. Ershoff from the CommIssIon on Older AmerIcans and authorizatIon to the CIty Clerk to pUblish a notIce of vacancy. Councllmember EpsteIn moved to accept the resIgnation of BenjamIn Ershoff with regret and authorIze the Cl ty Clerk to advertIse the vacancy. Second by Councilmember Conn. The motIon was unanImOUSly approved. 14-B: MISSING CHILDREN PROGRAM: evening. Presented earlIer In the 14-C: POSSIBLE BALLOT MEASURES: Presented was the request of Councilmember EpsteIn to discuss one or more ballot measures for possIble InclUSIon on the June 1986 ballot. Councllmember EpsteIn moved to dIrect the Cl ty Attorney to prepare a ballot measure WhICh would allow tenants and apartment owners by mutual agreement to provide for improvements to apartments or apartment bUIldings by mutual agreement, baSIcally trackIng the staff I proposal that went to the Rent Board. Second by Councllmember H. Ka tz. DI SCUSSlon was held. Wi th the consen t of the second, Councllmember Epstein amended the motIon to Include the concept of a meetIng being called for Tuesday, March 4th, to consider a report on thIS Item, and to change Council dIrectIon on Item 11-C so that the resolutIon would be consIdered at the same tIme. The motlon was approved by the follOWIng vote: 11 February 11, 1986 I I 419 Council vote: AffIrmative: Councilmembers EpsteIn, JennIngs, A. Katz, H. Katz, Mayor Reed Negative: Councilmembers Conn, lane Councilmember Zane requested the record to reflect that whIle he IS entIced by and Interested In the concept, he thInks thIS is a very poor way to wrIte legIslatIon. Councilmember A. Katz moved to extend the meeting to 12:25 a.m. Second by Councilmember EpsteIn. The motIon was approved by a vote of 5-2, Councilmembers Zane and JennIngs opposed. 14-D : TRAVEL ALLOWANCE: Presented was the request of CouncIlmember lane to approve h1S use of CouncIl travel allowance funds for the purpose of attending meetIngs with public offIcIals and private partIes who are responsIble for the redevelopment and redesIgn of the Boulder Mall In Boulder, Colorado. Councilmember lane introduced discussion. Councilmember Epstein moved to authorIze Mr. Zane to expend up to h1S Council travel allowance for thIS purpose. The motion was duly seconded. DIScussion was held. Councllmember Epstein amended the motIon to authorIze CouncIlmember H. Katz to go on thIS trip also and Incur the necessary expenses. The motIon was duly seconded and unanImously approved. CLOSED SESSION: Presented was a request for Closed SessIon to conSIder personnel matters and threatened lItigation, pending lItigatlon, and lItIgation to be commenced by the CIty. At 12:00 a.m., ~ouncIlmember Epstein moved to adJourn to Closed Session to consider the following pend Ing cases: Freed v. CI ty of Santa MonIca, ClaIm No. ASM 84-134; CalVIn v. City of Santa Monica, et. a1., Santa MonIca Superior Court Case No. WEC 83032; CI ty of Santa MonIca v. WIngs West, Inc., et a1, Santa Monica SuperIor Court Case No. WEC 069126; CalifornIa AVlat10n v. CIty of Santa MonIca f Un I ted States DI st r ict Court Ca se No. cv 84-6985 (CMB) (BX) and Los Angeles SuperIor Court Case No. C 306538. The motIon was duly seconded and unanImously approved. At 12:25 a.m., CouncIL reconvened WIth SIX members present, Councl1member Jennings absent. Mayor Reed moved to approve settlement in the case of CalvIn v. CIty of Santa MonIca in the amount of $12,000. Second by Councilmember Conn. The motIon was approved by the followIng vote: CouncIl vote: UnanImously approved 5-0 AbstaIn: CouncIlmember Epstein Absent: Mayor Pro Tempore Jennings 12 Fe bruary 11, 1986 420 ADJOURNMENT : At 12: 27 a. m., Mayor Reed moved to adJ ourn the meetlng in memory of Thomas Crowe, long-tlme Santa Monica resident, and Robert M. La Flower, former Santa Monlca resldent. Second by Councllmember Epsteln. The motion was unanlmously approved. ATTEST: //-=----\ ~ r- ~}~l /)y4-i~~ Ann M. Shorer Clty Clerk APPROVED: ff~Ll.R~ Chrlstlne E. Reed Mayor . 13 February 11, 1986 I I