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M-11/29/1983CITY OF SANTA MpNICA CITY CpUNCIL MINUTES NOVEMBER 29, 1983 A meeting of the Santa Monica City Council was called to order by Mayor Edwards at 7:40 P.M. on Tuesday, November 29, 1983, having been continued from November 22, 1983. Mayor Pro Tempore Press led the assemblage in the pledge of allegiance to the United States of America. Roll Call: Present: Mayor Ken Edwards i~ayor Pro Tempore Dolores M. Press Councilmember James P. Conn CounciZmember David G. Epstein Councilmember William H. Jennings (entered 9:32 P.M.) Councilmeml~er Christine E. Reed CouncilmemY~er Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Acting Assistant City Clerk Ginny Piccolo Councilmember E~stein znoved to add Item 14-L to the agenda, and to discuss 14-D and 14-Ti as a aombined item. Second by Councilmember Conn. The motion was approved by unanimous vote. 5-C: COUNCIL COMPENSATI~N: Presented was the request of Councilmember Epstein to discuss a charter amendment regarding compensation of Mayor and Cosancilmembers. Discussion was held. Councilmember E~stein moved to allow two minutes to a member of the public who had requested to speak. Seco~d by Mayor Edwards. The motion was approved l~y unanimous vote. Dora Ashford spoke in support of the proposal to submit to the voters the matter of a Charter Amendment increasing compensation of Councilmembers. Councilmember E~stein moved to direct the City Attorney to prepare a charter amendment for submission to the voters to make the compensation o£ Councilmembers and Mayor equivalent to that .in general law cities of comparable population to Santa Monica; the law tp take e€fect at the point when each Counc~lmember's term expires when there is an election for that seat. Second by Mayor Edwards. Discussion was held. Tfie motion was approved ~y the following vote: ;1 November 29, 1983 Council Vote: Unanimously approved 6-0 Absent: Cpuncilmember Jennings 6-G: PETROLEUM PRODUCTS: Presented was a staff report transmitting a recommendation to award Bid No. 1922 to Gasco Gasoline, Inc., Chevron USA. Enc., Texaco, Inc., and A. G. Layne, Inc., at unit prices for petroleum products for various using departments. Hal Barstow, President of Gale Barstow, Inc. (bidder), requested the record to indicate that his company was rejected for reasons he felt were inaccurate. Charles E. Knettles, representing J. E. DeWitt, Inc. (bidder), requested another analysis of the proposal which he felt should have made reference to a major supplier if that was the intent. Discussion was held. Councilmember Epstein moved to approve the revised sta££ recommendation thereby awarding Bid No. 1922 to Gasco Gasaline, Inc., for #1 Diesel fuel at the unit prices bid for the period from December 1, 1983 through November 30, 1984 plus two additional one-year options; Chevron USA, Inc., for gasoline and #2 diesel fuel at the unit prices bid for the period from December 1, 1983. thYOVgh November 30, 1984, plus two additional one-year options; tp Texaco, Inc., for lube oils at the unit prices bid for the period from December 1, 1983 through November 30, 1984 plus two additional one-year options; and to A. G. Layne, Inc., for solvent at the unit prices offered for the period £rom December 1, 1983, through November 30, 1984, plus two additional one-year options. Second by Mayor Edwards. Counczimember Zane requested that the record reflect that the staff report did not intend to criticize the services of any prior supplier to the City. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 11~C: HOMELESS IN SANTA MONICA: Presented was a staff report recommending assistance to the homeless in Santa Monica, including training workshop, food service program and adoption of a resoiution in support of increased State £unding for community-based mental health facilities. Councilmember Epstein moved to hear members of the pubtic for three minutes each. Second by Mayor Edwards. The motion was approved by unanimous vote. The following members of the public spoke, giving background of needs and histories: Mollie Lowery, Executive Director of Ocean Park Community Center; Ken Schonlau, Director of CT.ARE Foundation; Dora Ashford; Walter ~. Sparks; Elizabeth Lynch and Reverend Charles Elswick, Turning Point Center; Lee Forte, Santa Monica West ~ental Health; Gail Reiger, Westside Regional Center; Betty Macias; and Jessica Friedman. Wayne Hall and John Jurenka spoke in opposition November 29, I983 to feeding transients. Discussion was held. Mayor Edwards moved to approve the staff recommendation. Second by Councilmember Conn. Councilmember Epstein proposed an amendment that Council have a study session in January to focus in particular on the experience of other cities in the zegion. This amendment was accepted by the maker and second of the motion. Cou~cilmember E~stein moved an amendment to direct the City Attorney to prepare an amendment to Municipal Code 5ection 4202A in regard to sleeping in public parks changing hours to "from one hour after sundown to one hour before sunrise." Second by Councilmember Reed. Discussion was held. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Epstein and Reed Negative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Councilmember Conn requested that the record reflect that his vote was 3ue to not having a study of the matter. Councilmember Jennings requested that the record reflect that his no vote was not because people should not sleep in parks, but rather in regard to the problem of enforcement. Councilmember Zane requested that the record reflect that he difl not feel this change would be effective nor allow enforcement agencies to focus their concern on the real nroblems. Councilmember Epstein moved an amendment to request that the City Attorney prepare an ordinance to amend Code Section 4204A increasing the penalty for drinking of alcohol in public, which is now an infraction. The motion failed for Iack of a second. ~iscussion was held. Councilmember Reed moved an amendment to request the City Attorney to prepare an ordinance to eliminate sleeping in cars in residential areas. Second by Councilmember Esptein. Discussion was held. Councilmember Conn moved to amend the motion to table this subject for discussion in January or ~ebruary. Second by Councilmember Zane. `1~e amendment to the motion was approved by the following vote: Councii Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed A part o~ the main motion was called to adopt Resolution No. 6786{CC8) entitled: "A RE80LUTION OF THE CITY COUNCIL OF THE CImY QF SANTA MONICA URGING TNCREASED STATE SUPPORT FOR COMMIJNITY-BASED MENTAL HEALTH FACILITIES," reading by title only and waiving further reading thereof. The motion was approved by the foilowing vote: Council Vote: Unanimously approved 7-0 3 November 29, I983 The balance of the main motion authorizing staff to tl) co-sponsor with the Westside Shelter Coaliton two training workshops at a cost not to exceed $5,000 for trainers, materials, advertising, etC., to be held within the next 6 months; appropriate agencies which receive City funds would be required to attend the warkshop dealing with referral and other services for the homeless; and (2} consider the issue of the homeless and related problems when assessing the use of remaining 1982-83 community service funds and in developing service priorites £or the coming year; and as amended to include holding a study session on the subject, was approved by the following vote: Council Vote: Affirmative: Councilmem~ers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed Councilmember Epstein requested that the record reflect that he does not oppose any individual project but feels that the proposals are not adequately balanced. Councilmember Reed requested the record reflect that her reason was the same. Counczlmember E~stein moved to extend the meeting to midnight. Second by Councilmember Reed. The motion was apgroved by unanimous vote. At 10:58 P.M. Council reconvened with all members present. 11-E: MAIN 5TREET LIQUOR LICENSE: Presented was a staff report recommending approval of a policy for yIain Street liquor licenses and review of standards for sale of iiquor in a11 commercial areas. Councilmembez Epstein moved to permit members of the public to speak for three minutes each. Second by Councilmember Conn. The motion was approved by unanimous vote. The following members of the public spoke in favor of limiting the issuance of further liquor licenses on Main Street: Ken Schonlau. Wayne Hall, Myrian Baker, Gloria Williams, Tony Haig, Michael Lawrence and Bud Hayes. Councilmember Epstein moved to approve the staff recommendation thereby directing staf£ not to protest liquor license applications for bars and restaurants that comply with the current "CM" Main Street Special Commercial Distxict zoning regulations or for liquor stores that have received a conditional use permit, but continue to protest all other retail liquor outlets until a Citywide policy for these types of o~tlets can be adopted. Second by Councilmember Reed. Discussion was held. Councilmember Epstein rnoved to table this matter until January lOth to be incorporated witn the general question on this subject. Second by Councilmember Reed. 7'he motion was approved by the following vote: 4 November 29, 1983 Council Vote: Unanimously approved 7-0 11-G: PREFERENTIAL PARKTNG ZONE~MAIN, THIRD, OCEAN PARK BOULEVARD AND SOUTH CITY LIMITS: Presented was a staf£ report recommending maintenance of the existing preferential narking zone bounded by Main Street, Third Street, Ocean Fark Boulevard and south City limits and continuance of the policy of issuing citations but not towing vehicles which do not display permits foY that zone. Councilmember Epstein moved to extend the mee~ing to 12:30 A.M. Second by Mayor Edwards. 2'he motion was approved by unanimous vote. Counciimem~er Zane moved to hear members of the public for two minutes each. Second by Councilmember Reed. Tony Haig, John Frayer and Michael Lawrence spoke in favor of towing on a part-time basis on weekends. John Jurenka sooke in regard to the over-a11 problem of parking in Santa Monica. Gloria Williams spoke in favor of preferential parking and continued towing. Discussion was held. Ma~or Edwards moved to approve the staff recommendation thereby maintaining the existing preferential parking zone and continuing the present policy of issuing citations but not towing vehicles which do not display permits in the preferential parking zone. Second by Councilmember Reed. Accepted by the maker and second was Councilmembe~ Zane's addition to the motion that (1) staff evaluate enforcement o£ procedures and hear some complaints with specific cut-off points in the citation procedure, essentially creating an open-door which ought to be evaluated and addressed, and (2) ask the City Attorney and City Manager to review whether a fine would be more a effective enforcement measure than towing. The motion was approved by the following vote: Council Vote: Unanzmously appxoved 7-0 Councilmember Epstein moved to hear Ite~s 14-D and 14-H next. Second by Mayor Edwards. The motion was unanimously approved. 14-D AND 14-H: COLLEGE PARKING: Presented were requests £rom Councilmember Zane and Councilmembex Epstein to discuss concerns of neighbors on 20th Street and the request of Attorney Cheryl Miltenberger to address Council regarding Eighteenth Court college parking. Councilmember Zane moved to hear from members of the public for three minutes each. Second by Councilmember Reed. The motion was unanimously approved. Melissa Hi11, President, Santa Monica Chapter, Campazgn for Ecomonic Democracy, spoke in opposition ta implementation of the Santa Monica College proposal for parking on Eighteenth Court. Cheryl Miltenberger reques~ed a letter from the City to the College asking them to discontinue their plan because of traffic safety and conjestzon, and asked the City for a traffic study. Lottie Cowan, Attorney representing over E00 tenants on 20th Street, indicated that letters had b~en written to the City Attorney, Planning Director, Mayor, and Council November 29, i983 relating to the question of title to the strip of property on which the college is planning to create a parking lot. Discussion was held. Councilmember Reed moved that Council direct the Mayor to write a letter, with support o~ Council, to the Santa Monica College Board o£ Trustees urging deferral o£ action on turning this S foot wide parking strip into a parking zone until the City Attorney's office has had an opportunity to address related legal questions. Second by Piayor Pro Tempore Press. Councilmember Zane moved an amendment to also suggest to the College Board that they proceed with the Planning Task Force in a more aggressive fashion to try to resolve the larger ovezall parking problems and delay this matter pending some significant ef£ort and successful resolution of the parking problems at large in the area, and tp pledge available resources of the City to assist them in that process. Discussion was held. The amendment was accepted by maker and second of motion. Maxor Edwards moved to continue the meeting past 12:30 A.M. Second by Councilmember Conn. The motion was approved by unanimous vote. Mayor Edwards summarized the motion that he would send a letter of their concerns to the College with Council names included and he urged Councilmembers to contact members of the College to express their individual concerns. The motion was approved by unanimous vote. (Councilmember Zane departed at I2:40 A.M.) 11-H: HAZARDOUS MATERIAL STORAGE: Presented was a staff report recommending direction to the City Attorney to prepare an emergency ordfnance to regulate hazardous material storage. Councilmember Epstein moved to hear memebrs af the public for two minutes each. Second by Councilmember Conn. The motion was approved by unanimous vote. Ken Denny, Western Oil and Gas Association, and Joni Anderson spoke in favor of the staff recommendation. Councilmember Epstein moved to approve the staff recommendation thereby directing the City Attorney to prepare an emergency ordinance regulating hazardous materials storage £or review by the Citjy Counci~ prior to January 1, 1984. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimousl~ approved 6-0 Absent: Councilmember Zane Z1-I: GENERAL TELEPHONE RATE PROCEEDINGS: Presented was a sta£f report recommending discontinuance of participation in 1983 General Telephone Company rate proceedings. Discussion was held. Mayor Edwards moved to approve the recommendation of the City A~torney to discontinue participation in General Telephone Company 1983 rate proceedings before the Public Utilities Commission. Second by Councilmember Reed. The motion was approved by the following vote: 6 November 29, 1983 Counci~ Vote: Unanimously approved 6-0 Absent: Councilmember Zane 11-J: CLOSED SESSION: Held later in the evening. 14-B: Heard later in the evening. 14-D: Heard with 14-H earlier in the evening. 14-F: Heard later in the evening. 14-H: Heard with 14-D earlier in the evening. 14-I: Heard later in the evening. 14-J: APPEAL~INTERIM DEVELOPMENT PERMIT, 2222 LSNCOLN BOULEVARD: Presented was the request of Councilmember Epstein to discuss a letter from Paul A. Pensig req~esting hearing on Decem~er 13, i983, regarding appeal, Interim Development Permit vo. 146, project at 2222 Lincoln Boulevard. Discussion was held in regard to lack of proper hearing notice to the appellant. Pau~ Aensig, attorney for the appellant/applicant, was present during the discussion. Councilmember E~stein moved to reconsider the appeal and direct staff to prepare a hearing notice for January 10, 1984 Council meeting. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane 14-K: LIVE HORSES IN PET SHOPS: Presented was the request of Councilmember Reed to discuss clarification of the Municipal Code pertaining to horses. Councilmember Reed moved to hear from Mr. Davis for three minutes. The motiqn was duly seconded and unanimously approved. Chuck Davis, B. Shagnasty's Pet Auditorium, spoke to request that their pet shop be permitted to have two miniature horses an display for children to pet and to dispiay at schools. Discussion was held. Councilmember Reed moved to direct , the City Attorney to prepare an ordinance amending Munfcipal Code ~ Section 4107 to facilitate the display, but not the sale of miniature horses related to pet stores. Second by Councilmember Epstein. Discussion was held. fihe motion was approved by the following vote: Council Vote: Affirmative: Counciimembers Conn, Epstein, Jennings, Reed and ~ayor Edwards ~ ~ November 29, 1983 Negative: [~ayor Pro Tempore Press Absent: Councilmember Zanew 14-B: RENT CONTROL BOARD ANVUAL REPORT: Presented was the request of Councilmember Epstein to discuss the Rent Control Board Annual Report and the supervisory role o£ the Council. Councilmember Epstein indicated that the City Charter requires an Annual Report to be given. Discussion was held. Councilmember E~stein moved to request the City Manager to transmit to the Rent Control Board the request of Council to be brought up-to-date within 30 days. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Reed and Mayor Edwards Abstain: Mayor Pro Tempore Press Absent: Councilmember Zane 14-F: MURAL ON FDURTH STREET AND OCEAN PARK SOULEVARD: Presented was a request from Councilmember Conn to discuss the mural on Fourth Street and Ocean Park Bou~evard. Councilmember Conn moved to dir~ct the City staff to communicate to Mrs. Golden that the City will not be extending Contract No. 3568(CCS) for preparation of the FouYth Street mural, and to refer the matter to the Arts Commission for their recommendation in regard to completian. Second by Councilmember Reed. The motion was approved by the following vote: Cauncil Vote: Unanimously approved 6-0 Absent: Councilmember Zane 14-I: SOCIAL SERVICES COMMISSION: Presented was a letter from Peter Belsito resigning membership on the Social Services Commission. Mayor E~wards moved to accept the letter of resignation from Social Services Commissioner Peter Belsito and to authorize the City Clerk to publish a notice of vacancy. Second by Cauncilrnember Conn. 'Ptie motion was approved by the foilowing vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane 14-L: THIRD STREET MALL CORPORATION: Presented was the request of Councilmember Zane to extend the deadline for Third Street Mall Corporation membership applications to December 7, 1983. 8 November 29, 1983 Councilmember Keed moved to approve extension of the deadline to December 7, 1983. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane 11-J: CIASED SESSION: Presented was a request to hold a Closed Session to discuss pending litigation and personnel matters. At 1:35 A.M., Mayor Edwards moved to ad~ourn to Closed Session for the stated purposes. 'I~e motion was duly seconded and approved by unanimous vote. At 2:02 A.M. Councilmembers reconvened with the following members present: Councilmembers Conn, Epstein, Je~nings, Press, Reed and Mayor Edwards. Mayor Edwards announced that no action had been taken. ADJOURNMENT: At 2:03 A.M., Councilmember Conn moved to adjourn the meeting to 5:30 P.M., December 6, 1983 for a joint meeting with City Boards and Commissions, adjourn~nent to be in memory of Aicira Komai, Edwin L. Talmage, John G. Stephan and Mary Hadlock. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimoasly approved 6-0 Absent: Councilmember Zane ATTEST: A OV . ~.~, ~~;~~~Y~~ ~ ~. . ~ Ann M. 5hore Edwards City Clerk Mayor 9 November 29, 1983