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M-5/22/1984 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 22, 1984 A meeting of the Santa Mon1ca City Council was called to order by Mayor Edwards on Tuesday, May 22,1984, at 7:35 P.M. in the Council Chambers. Councllmember Epstein led the assemblage 1n the pledge of allegiance to the United States of America. Reverend Charles Elswick, First Christian Church, offered the invocatlon. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores Press Councilmember James P. Conn Councilmember David G. Epstein Councilmember William H. Jennings Councilmember Christine E, Reed Councilmember Dennis Zare (entered 7:45 P.M.) City Manager John H. Alschuler, Jr. Clty Attorney Robert M. Myers City Clerk Ann M. Shore 4-A: EMPLOYEE SERVICE PINS: Presentation of employee p1ns was continued to a later meeting to enable persons to be present. 4-B: BOARD AND COMMISSION VACANCIES: Vacancles on Boards and Commissions were announced. There being no obJectlon, the City Clerk was d1rected to follow the suggestion of Councllmember Conn to add a sentence to the annual notice of vacanC1es to provide that add1 tlonal vacancies WhlCh may occur between r:ow and June 30, 1984, are also included 1n this notice. At 7:42 P.M., Counc11member Conn moved to meeting to hold Redevelopment Agency meetl ngs. Second by Mayor Edwards. The unanimous vote. recess the City Council and Parking Authority motIon was approved by REDEVELOPMENT AGENCY SPECIAL MEETING A special meetirg of the Redevelopment Agency was called to order at 7:42 P.M, by Chalrperson Edwards. Roll Call: Present: Chairperson Ken Edwards Chairperson Pro Tempore Dolores Press Agency Member James P. Conn Agency Member DavId G. Epstein Agency Member Wllliam H. Jennings Agency Member ChrIstine E. Reed Agency Member Dennis Zane (entered 7:45 P.M.) May 22, 1984 21 Executlve Director John H. Alschuler, Jr. Agency Attorrey Robert M. Myers Agency Secretary Ann M. Shore RA-1: APPROVAL OF MINUTES: Agency Member Conn moved to approve the minutes of the Redevelopment Agency meetlng of February 14, 1984 and February 28, 1984. Second by Chairperson Pro Tempore Press. The motion was approved by the following vote: Agency Vote: Unanlmously approved 6-0 Absent: Councilmember Zane RA-2: PERCENT FOR ART PROGRAM: Presented was a staff report recommending adoption of a resolution establishing the Percent for Art Program. Agency Member Conn moved to adopt Resolution No. 384(RAS) entitlea: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA ADOPTING A PERCENT FOR ART PROGRAM," readlng by title only and waiving further reading thereof. Second by Chairperson Pro Tempore Press. The motlon was approved by the following vote: Agency Vote: Afflrmative: Members Conn, Jennings, Press, Zane and Chairperson Edwards Negative: Members Epstein and Reed Agency Members Epstein and Reed requested that the record reflect their reasors for voting no have been prevlously stated on many occasions during dlScussion of thlS ltem before the Clty Council. At 7:47 P.M., A6ency Member Conn Redevelopment Agency meetlng. Second motion was approved by unanimous vote. moved to adJourn by Member Epstein. the The PARKING AUTHORITY SPECIAL MEETING A special meeting of the Parking Authority was called to order at 7:48 P.M. by Chairperson Edwards. Roll Call: Present: Chalrpersor Ken Edwards Chairperson Pro Tempore Dolores Press Authorlty Member James P. Conn Authorlty Member David G. Epstein Authorlty Member William H. Jennlngs Authorlty Member Christlne E. Reed Authorlty Member Dennis Zane Executlve Dlrector John H. Alschuler, Jr. Authority Attorney Robert M. Myers Authority Secretary Ann M. Shore PA-1: PERCENT FOR ART PROGRAM: Presented was a staff report recommendlng that the Parking Authority adopt a resolution establishHlg a Percent for Art Program. AuthorltyMember Conn moved to adopt Resolution No. 179(PAS) entitled: "A RESOLUTION 2 May 22, 1984 OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA ADOPTING A PERCENT FOR ART PROGRAM," readlng by tltle or:ly and waivlng futher readlng thereof. Second by Chairperson Pro Tempore Press. The motion was approved by the followlng vote: Authorlty Vote: Affirmatlve: Members Conn, Jennings, Press, Zane and Chairperson Edwards Negative: Members Epstein and Reed Authori ty Members Epsteln and Reed requested that the record reflect their negative vote for reasons prevlously stated at Clty Council dlScussions on the matter. At 7:53 P.M., Member Epstein moved to adJourn the Parking Authorlty meeting. Second by Member Conn. The motion was approved by unanlmous vote. CITY COUNCIL REGULAR MEETING At 7:53 P.M., City Council reconvened members present. Councilmember Conn 14-D, 14-E, 14-F, 14~G, 14-H and 14-1 was duly seconded and approved by Councllmember Epsteln opposed. in regular session wlth all moved to add i terns 11-C, to-the agenda. The motion a vote of SlX in favor, 5-A: COMMUNITY SERVICES CENTER/922 BROADWAY AND 1501 NINTH STREET: Presented was a staff report recommenaing approvals regardlng the purchase and rehablll tat ion of property at 922 Broadway and 1501 Ninth Street for a Community Servlces Center. Discussion was held. Courcilmernber Zane moved to hear from members of the pUblic for three minutes each. The motion was seconded and unanimously approved. The following members of the pUblic spoke ln regard to the matter: Herb Reich, Bernlce Bratter, Karen Howard, Carole Currey, Douglas Wlllis, Janie Peet, Nan O'Donnell, Mandy Johnson, Ruth Levy, Harry Gewertz, MaryAnn Fraser, Prlscilla Balderas, Esther Valadez, Laurie Rozet, Carole Witherill, Jolene Labastlna, Maria Arechaederra, Carolyn Butcher, Jolene Cabastida, Kate Kaplan, Lauren Burton, Barbara Nlles, Kelly Yarmolovich, C.C. Bradley and Sandra Saunden. DiscUSSlon waS held. Councllmember Conn moved to continue the matter to June 19, 1984 to permit evaluation by a committee not lnvolved with the three bodies who have partlclpated to date. Second by Mayor Edwards. The rnotlon was approved by the following vote. Council Vote: Unanimously approved 7-0 A recess was held from 9:35 P.M. to 9:40 P.M. D1Scusslon was held ln regard to the order of the agenda. There being no objection the agenda was consldered H: the order as follows. 5-B: 1983-84 BUDGET ADJUSTMENTS: Continued to May 29, 1984. 3 May 22, 1984 21 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved In one motion unless removed from the Calendar for discussion. ,Councilmember Conn moved to approve the Consent Calendar with the~iception of Items 6-C, 6-J I 6-Q and 6-R, readlflg resolutlons and ordinances by tl tIe only and waiving further readHlg thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: UnanimOUSly approved 7-0 6-A: APPROVAL OF MINUTES: The minutes of the Clty Council meeting of February 28, 1984, were approved as written. 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6861(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-D: PHYSICALLY HANDICAPPED PARKING ZONE: Resolution No. 6863(CCS) entitled: ftA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE ADJACENT TO 958 LINCOLN BOULEVARD," was adopted. 6-E: REPAIR DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 6864(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-84-56)," was adopted. 6-F: STATE PARK BOND ACT OF 1984: Withdrawn at the request of staff. 6-G: FINAL SUBDIVISION MAP AT 631-705 BAY STREET: Resolutlon No. 6865(CCS) entltled~ "A RESOLOTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 37984," was adopted, regarding a 16-unit condominlum conversion project, Billle Z. Sorrell, appllcant. 6-H: PREFERENTIAL PARKING ZONE/HILL STREET BETWEEN THIRD AND FOURTH STREETS: Recommendation that the Clty Attorney prepare an ordlnance to establish a preferential parking zone on Hill Street between Third and Fourth Streets was approved. 6-1: HOLIDAY PARKING ENFORCEMENT: A recommendation that City Attorney prepare an ordinance amendment to reVlse the definitlon of "Holiday" ln Municlpal Code Section 3388(b) for parking purposes was approved. 6-K: BIKELANES: A recommendation to lnstall bikelanes on California Avenue between Ocean Avenue and 17th and on Arizona Avenue between 26th and Lincoln Boulevard was approved. 4 May 22, 1984 6-L: WATER METERS: Bld No. 1945 was awarded to Neptune Meter Copany in the amount of $95,658.30 for water meters for the Water Division. 6-M: STREET PAVING MIXES: Bid No. 1946 was awarded to Blue Dlamond Materials Company at unit prices bld for hot asphaltlc street paving mixes. 6-N: TIRE RECAPPING SERVICES: Bld No. 1947 was awarded to Western Bandag, Inc., as per-unit prices bid for tlre recapping services for the Mechanical Maintenance D1V1Slon. 6-0: SENIOR CITIZENS NUTRITION AND RECREATION PROGRAM: Bld No. 1943 was awarded to SorensenUCaterlng to provide meal serVlce for the 1984-85 Flscal Year for the Senior Cltizens Nutrition af'd Recreation Program. 6-P: WORKERS COMPENSATION DEPOSIT: A recommendatlon was approved to oppose SB 1509 (Greene) which would require that self-lnsured public employers deposit with the State 100'$ of thelr !labillty for Workers Compensatlon claims. END OF CONSENT CALENDAR 6-C: TOXIC CHEMICAL DISCLOSURE: Presented was a staff report transmi ttlng a resolution set-ting s publlC hearing for June 26, 1984, on proposed changes to the 1984 Toxic Chemical Disclosure Form. Member of the PubllC, Wayne Hall spoke to request that the PTA be notifled ln regard to the hearing. Councilmember Conn moved to adopt Resolution No. 6862(CCS) entitled: "A- -itESOLHTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR PUBLIC COMMENT REGARDING CHANGES IN THE TOXIC CHEMICAL DISCLOSURE FORM," reading by title only and wSlving further readlng thereof, setting a publlc hearing for June 26, 1984. Second by Councllmember Epsteln. The motlon was approved by the following vote: Council Vote: Unanlmously approved 7-0 6-J: CLARE FOUNDATION/907-909 PICO BOULEVARD: Continued to May 29, 1984. 6-Q: CONVENTION AND VISITORS BUREAU BYLAWS: Continued to May 29, 1984. 6-R: 1984. 1984-85, BUDGET HEARING SCHEDULE: Contlnued to May 29, 8-A: TOpC CHEMICAL DISCLOSURE LAW: Presented was a staff report transmitting an ordlnance for introductlon and flrst reading amending the Munlcipal Code to require Materlal Safety Data Sheets in connection with the Toxic Chemlcal Disclosure Law. The public hearing was declared open at 9:51 P.M. Wayne Hall spoke in support of tOX1C chemical disclosure regulatlons. There belng no one else wishing to speak to the matter, Councilmember Conn moved to close the public hearing at 9: 53 P. M. Second by 5 May 22, 1984 21 Councllmember Epsteln. The motlon was approved by unanimous vote. Councilmember Epstein moved to introduce for first reading an ordlnance entl tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 5302 RELATING TO TOXIC CHEMICAL DISCLOSURE," reading by title only and wai ving further readlng thereof. Second by Councilmember Conn. The motlon was approved by the following vote: Councll Vote: Unanimously approved 7-0 11-A: 1984. SANTA MONICA PIER TENANT LEASES: Continued to May 29, 11-B: WATER MASTER PLAN: Continued to May 29, 1984. 11-C: KATERINA'S SANDWICH BAR/THIRD STREET MALL: Presented was a staff report recommendlng approv~l of a. license agreement between the City and Katerina I s Sandwich Bar for outdoor dining on the Thlrd Street Mall. Discussion was held includlng partlclpation by Tlm Boydston, prOject manager who was present to answer questions. Councllmember Epstein movecj to approve the staff recommendation thereby approving Contract No. 4128(CCS) between the City of Santa Monlca and Katerina's SandwiCh Bar to permit outdoor dlning on the municipally owned area of the Third Street Mall, 1444 Santa Monica Mall, and authorizing the Clty Manager to negotiate and execute the llcense agreement. Second by Councilmember Zane. Further discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 11-D: CLOSED SESSION: Continued to 6:00 P.M., May 29, 1984, by mot1on made at adjournment on page 10. 12-A: MENTAL HEALTH ASSOCIATION PROJECT RETURN CENTER 1328 SECOND STREET: Presented was a staff report transmltting an appeal from the decision of the Planning Commission approving permi ts at 1328 Second Street by appllcant Project Return, Los Angeles Mental Health Association, to change a building use to social/vocatlonal rehabilitational faCllity and to renovate and add a second story on the existing structure. Councilmember Epsteln moved to hear from the appellant for ten mlnutes, the appllcant for ten minutes, thelr rebuttals, and then from members of the public for two minutes each. Second by Councilmember Reed. The motion was approved by unanlmous vote. The following persons, having been sworn, spoke in oPPosltion to the prOJ ect at this location: Roxanna Thomas, appellant, and John Baron representlng an ad hoc Chamber of Commerce commlttee. The following persons having been sworn spoke ln support of the proposed proJect: John Slegel, Dr. Jacqueline Bouhoutsos, Donald Carllsle, Maurice Edelsteln, Pastor Al Smith, and Rlchard Van Horn, Executive Dlrector of the Mental Health Assoclation. Discussion was held ln regard to the hour. At 11:00 P.M., Councllmember Epstein moved to contlnue the meetlng to the following evenlng to conslder 1 tems 12-A and 12-B. Second by 6 1-1ay 22, 1984 Councilmember Reed. The motion falled for lack of sufflcient votes. Mayor Edwards moved to extend the meeting to 12:00 mldnight for a review of further discussion at that tlme. The motlon was duly seconded and approved. Discusslon was held In regard to the matter before the Councll. The followlng members of the public spoke in support of the proJect: Rose Beien, Sam Kline, Frank Green, Dennls G. Wilder, Ph.D, Ron Marshall, Pat Duggan, Andrew Leeds, Ph.D, Darwln James Falr, Ted Holstein, Beverlee Holsteln, Joseph Mlzrahl, Dr. Edlth Carlisle, Douglas S. Levltt, Marylee Westbrook, Tom Larmore and Penny Perlman representlng the Planning Commisslon. The following persons spoke in opposition to the project at thlS location: Bernard H. Matthews, Debra C. McClanahan, Mrs. P. Flsher, S. Melwan, Charles F. Nielsen, Max Laemmle, Stewart Tongret, Chan, Isa Fe lnstein, Phyllis Goff, Marclle Sullivan, Richard Tyner and Tim Boydston. Member of the publlC Karl Schober asked questions about the proJect. During the hearing, Councilmember Epsteln moved to continue the meeting until 12:30 A.M. Second by Gouncllmember Reed. The motion was approved by unanimous vote. Mayor Edwards moved to deny the appeal and uphold the Plannlng CommiSSlon's approval of the project proposal. Second by Councilmember Conn. D1Scussion was held. Councilmember Reed moved an amendment to direct staff to negotiate an addltional condltion to those imposed by the Plannlng Commlsslon WhlCh would include a one-year reVlew Wl th conditions to be speciflcally delineated as r:egotiated between staff ar:d the proJect reVlew people; the community will then have an opportunity to learn from this experlmental program and an opportunity to return to tell Councll what they think about it based on criterIa delineated, such as particIpators being under a physlclans dlrectlon, that population and outreach be limlted, etc. Second by Councilmember Epstein. At 12:30 A.M., Mayor Edwards moved to continue the meetlng to complete Item 12-A and hear Item 12-B. The motion was duly seconded and approved by unanlmous vote. Further dlScusslon was held in regard to the matter before them. Councilmember Reed's amendment failed by the following vote: Council Vote: Afflrmatlve: CounCllmembers Epstein and Reed Negative: Councllmembers Conn, Jennlngs, Press, lane and Mayor Edwards Councilmember Jennines moved an amendment to add two addltional requirements: {1) the proponents of the proJect to concentrate on outreach to Santa Monlca resldents, and (2) the proJect should not include those who, in addl tion to mental health problems, also have alcohol or drug abuse problems. Second by Councilmember Reed. Durlng dlScussion, Councilmember Jennings wlthdrew the motion. Councllmember Jennlngs moved an amendment to request the agency to co-nc-e-ntrate - outreach to Santa Monica residents. Second by Mayor Pro Tempore Press. After dlScussion, the amendment was approved by the following vote: Council Vote: Afflrmative: Councilmembers Epstein, Jennings, Press, Reed and Zane 7 May 22, 1984 21 Negative: Councilmember Edwards Conn and Mayor Councllmember Jenn1ngs moved to request staff to obtaln a copy of the semi-annual reVlew of the facility done by the County Health Department. Second by Councllmember Reed. Discussion was held. Counci lmember Jennings withdrew the motion. Counc1lmember Epstein moved an amendment that durlng Phase I the average number of cllents per day on the regular day-to-day program not exceed fifty and, during Phase II, not exceed one hundred, not applicable to special events such as events or lectures. Second by Councilmember Reed. Discuss10n was held. Councilmember Epstein's amendment failed by the followlng vote: Council Vote: Afflrmative: Councilmembers Epsteln and Reed Negatlve: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards The maln motion was approved by the followlng vote: Council Vote: Affirmative: Councllmembers Conn, Jennlngs, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed Councilmember Reed requested that the record reflect that her reason for voting no lS that the people of Santa Monica have been denled an opportun1ty to review this program after its first full year of operation. CouncllmemberJennln6s moved to dlrect staff to obtain a copy of the semi-annual review of the facility done by the County Health Department and refer it to the Social Services Commlssion for thelr review and comment to the C1ty Counc11 if necessary. Second by Mayor Edwards. The motion was approved by the followwg vote: Council Vote: Unanimously approved 7-0 A recess was held from 1:15 A.M. to 1:20 A.M. 12-B: CONDITIONAL USE PERMIT/1941 EUCLID STREET: Presented was a staff report transmitting an appeal of the Planning Commission approvlng Development Review No. 216 and Condltional Use Permit No. 362 with a requirement to provlde one un1t of the six proposed condomlnlum units affordable for low to moderate income persons at 1941 Euclid Street, appllcantlappellant Michael W. Folonis. Yvonne B. Burke, attorney for the appellant, and Michael Folonls, appllcant/appellant, having been sworn, descrlbed the project and hardship that will allegedly result to the appellent from the requlrement. Member of the public, Bruce H. Kragen spoke in favor of the proJect. Discussion was held. Councilmember Epstein moved the lntent of the declsion of the Council that, . due to the - special circumstances and hlstory of th1s proJect, Council wishes to exercise discretion 1n favor of 8 May 22, 1984 affording reasonable relief as requested by the applicant and directs the City Attorney and staff, in consultation Wl th the applicant, to propose a modiflcation of the Planning CommlsSlon decislon which affords reasonable rellef, this to be returned to the C1ty Councll with appropr1ate findings. Second by Councilmember Reed. Discussion was held. (Councilmember Zane departed the Chamber.) The motion was approved by the followlng vote: Council Vote: Afflrmative: Councllmembers Epstein, Jennlngs, Press, Reed and Mayor Edwards Negative: Councllmember Conn Absent: Counclmember Zane 13-::.~: TREE ,TRIMMING: Continued to May 29, 1984. 14-A: LIBRARY BOARD MEMBERSHIP: Continued to May 29, 1984. 14~B: METROPOLITAN WATER DISTRICT: Continued to May 29, 1984. 14-C: NO POSTING ORDINANCE: Contlnued to May 29, 1984. 14-D: PIER DEBRIS REMOVAL: Continued to May 29, 198~. 14-E: HOMELESS SHELTER: Contlnued to May 29, 1984. 14-F: RENT CONTROL BOARD HIRING PRACTICES: Continued to May 29, 1984. 14-G: USE OF CITY SEAL: Continued to May 29, 1984. 14-H: TENANT /OWNERSHI P RIGHTS CHARTER AMENDMENT: May 29, 1984. 14-1: U.S. IMMIGRATION LAW/SIMPSON-MAZZOLI BILL (HR 1510): Contlnued to May 29, 1984. Contlnued to ADJOURNMENT: Mayor Edwards moveq to adjourn to 6:00 P.M., Tuesday, May 29, 1984 to conS1der Item 11-D, the Closed Session, and other items continued from this meeting, to receive a report regardlng the 1984-85 budget overview and revenues, and hold a publlC hearing on the 1984-85 Community Development Plan, adJournment to be in memory of John F. Sproatt and George A. Palmqulst, long-time Santa Monica residents. Second by Mayor Pro Tempore Press. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane 9 May 22, 1984 ATTEST: ~~~ Ann M. Shore City Clerk 2J a:~s Ken Edwards Mayor 10 May 22, 1984