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M-2/26/1985 I I 79 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 26, 1985 A meeting of the Santa Monlca Clty Councll was called to order at 6:08 P.M. by ~1ayor Reed on Tuesday, February 26,1985, In the Councll Chambers for the purpose of holdlng a Study Session, Spec lal J 01 n t Meetings wi th the Parklng Au thor 1 ty and Hous 1 ng Authorlty, and a Regular Councll Meetlng. Roll Call: Present: Mayor Chrlstlne E. Reed Mayor Pro Tempore Wllliam H. Jennlngs Centered at 6:15 P.M.) Councilme~ber James P. Conn Councilmember DavId G. Epsteln Councllmember Herbert Katz Councllmember DennIS Zane Clty Manager John Jallli Clty Attorney Robert M. Myers CIty Clerk Ann M. Shore Absent: Councllmember Ken Edwards STUDY SESSION: A Study Session was called to order by Mayor Reed at 6:08 P.M. to consider the followlng matter: 3S-1: CABLE COHMUNICA TIONS: Pr esented by Via Iter Si embab, Ca bIe Consul tant, was a report on Cable Communlcatlons and reVIew of the Ta sk Force acti V 1 t les and recommendatlons. Dl scussion wa s held. (See also Item 10-A.) ADJOURNMENT OF STUDY SESSION: At 7:21 P.M., Councilmember Epstein moved to adJourn the Study Sesslon. Second by Councllmember Conn. The motion was approved by unanimous vote. REGULAR CITY COUNCIL MEETING A meetlng of the Santa Monlca City Councll was called to order by Mayor Reed at 7:38 P.M. on Tuesday, February 26, 1985, in the Councll Chambers. Councllmember Conn led the assemblage ln the pledge of alleglance to the Unlted States of Amerlca. Reverend DavId McAllIster, Westisde EcumenIcal Conference, offered the Invocation. Roll Call: Present: Mayor Chrlstlne E. Reed Mayor Pro Tempore Wllllam H. Jennlngs Councilmember James P. Conn 1 February 26, 1985 80 CouncIlmember David G. EpsteIn Councllmember Herbert Katz Councllmember DennIS lane Absent: CouncIlmember Ken Edwards I CIty Manager John JalilI City Attorney Robert M. Myers City Clerk Ann M. Shore Councllmember EpsteIn moved to add Items 14-F and 14-G to the agenda. -Second by Councllmember Conn. The motion was approved by unanImous vote. 4-A: PROCLAMATION FOR WOMEN'S HISTORY WEEK: ConsIdered later In the meetIng. SPECIAL JOINT MEETING OF CITY COUNCIL AND PARKING AUTHORITY A specIal JOInt meetIng of the CI ty CouncIl and the ParkIng AuthorIty was called to order by ChaIrperson Reed at 7:42 P.M. Roll Call: Present: ChaIrperson ChrIstIne E. Reed Chairperson Pro Tempore WIllIam H. JennIngs AuthorIty Member James P. Conn Authority Member DaVId G. EpsteIn Authority Member Herbert Katz AuthorIty Member Dennis lane ExecutIve Secretary John Jalll! AuthorIty Attorney Robert M. Myers CIty Clerk Ann M. Shore Absent: AuthorIty Member Ken Edwards CC/PA-1: PARKING STRUCTURE SPACES: Presented was a staff report transml tting resolutIons for adoption approvIng assignment of a lease for parkIng spaces In CIty publIC parkIng structures located on Second Street from WilshIre West Company to General Telephone Company. DurIng dIScuSSIon, AuthorIty Member Conn moved to adopt ResolutIon No. 184(PAS) entItled: A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING AN ASSIGNMENT OF CONTRACT NUMBER 1828(CCS) FROM WILSHIRE WEST I COMPANY TO GENERAL TELEPHONE OF CALIFORNIA, n read~ng by tl tIe only and waIvIng further read Ing ther eor. Second by Au thorl ty Member EpsteIn. The motIon was approved by the followIng vote: AuthorIty Vote: UnanImOUSly approved 6-0 Absent: AuthorIty Member Edwards 2 February 26, 1985 I I 81 Councilmember Conn moved to adopt Resolutlon No. 6976(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AN ASSIGNMENT OF CONTRACT NUMBER 1828(CCS) FROM WILSHIRE WEST COMPANY TO GENERAL TELEPHONE OF CALIFORNIA," reading by title only and walvlng further readlng thereof. Second by Councllmember Katz. The motlon was approved by the followlng vote: Councll Vote: Unanlmously approved 6-0 Absent: Councllmember Edwards ADJOURNMENT OF PARKING AUTHORITY MEETING: Author 1 ty Member Ep ste 1 n moved to adjourn the meetlng. Second by Authorlty Member Conn. approved by unanimous vote. At 7:45 P.M., Parklng Authorlty The motlon was At 7:46 P.M., Councilmember Conn moved to recess the CIty CounCIl meetIng In order to hold a HousIng Authorlty Meetlng. Second by CouncIlmember Katz. The motlon was approved by unanlmous vote. HOUSING AUTHORITY SPECIAL MEETING A speclal meetIng of the Houslng Authorlty was called to order by ChaIrperson Reed at 7:47 P.M. Roll Call: Present: ChaIrperson Chrlstlne E. Reed Chalrperson Pro Tempore Wllllam H. Jennlngs Authorlty Member James P. Conn Authorlty Member Davld G. Epsteln Authorlty Member Herbert Katz Authorlty Member Dennls Zane ExecutIve DIrector John Jallll Authorlty Attorney Robert M. Myers CIty Clerk Ann M. Shore Absent: Authority Member Ken Edwards HA-1: APPROVAL OF MINUTES: Presented for approval were the mInutes of the Houslng AuthorIty meetlng held November 13, 1984. Authorlty Member Conn moved to approve the mlnutes as presented. Second by AuthorIty Member EpsteIn. The motion was approved by a vote of flve in favor, Authorlty Member Katz abstaining, Authorlty Member Edwards absent. HA-2: ONE PICO BOULEVARD: Presented was a staff report recommendlng the ChaIrperson be authorized to execute the reCISSlon document on behalf the Houslng AuthorIty for the houslng reqUIrement at One P1CO Boulevard Slnce perrnlts for the project have explred and are no longer valld. Discussion was 3 February 26, 1985 82 held. AuthorIty Member Conn moved to authorize the Chairperson to execute the recIsion document on behalf of the HousIng AuthorIty. Second by AuthorIty Member EpsteIn. During dIScussion, Chairperson Pro Tempore JennIngs stated that he had a pOSSIble conflIct of Interest and would abstaIn from votIng. The motIon was approved by the following vote: Authorlty Vote: AffIrmative: Members Conn, EpsteIn, Katz, Zane and ChaIrperson Reed AbstaIn: ChaIrperson Pro Tempore JennIngs Absent: Member Edwards ADJOURNMENT OF HOUSING AUTHORITY MEETING: AuthorIty Member Epstein moved to adjourn the MeetIng. Second by AuthorIty Member Katz. approved by unanimous vote. At 7:51 P.M., HOUSIng Authority The motIon was REGULAR CITY COUNCIL MEETING RECONVENED Mayor Reed recalled Item 4-A for dIScussIon, and there were no obJectIons. 4-A: PROCLAMATION FOR WOMEN'S HISTORY WEEK: Mayor Reed recognIzed the event of Women's HIstory Week WhICh will be celebrated Ma rch 3 t 1985, through ~1a rch 9, 1985, and Introduced MIldred RosensteIn, Co-ChaIrperson of of the SpeCIal Events CommIttee of the CommISSIon on the Status of Women, who spoke regard ing acti v I tIes to be held dur lng Women's HI story Week. Mayor Reed noted that the ProclamatIon would be issued In a timely way. 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 EpsteIn moved to approve the Consent Calendar WIth the exceptions of 6-A and 6-C, notIng that 6-F was WIthdrawn at the request of staff. Second by Councllmember Conn. The motIon was approved by the follOWIng vote: CounCIl Vote: UnanImously approved 6-0 Absent: Councllmember Edwards 6-8: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon No. 6977(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 4 February 26, 1985 I I I I 23 6-D: POLICE PERMITS: Ordinance No. 1330(CCS) entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6120 AND 6123 OF THE SANTA MONICA MUNICIPAL CODE REGARDING QUALIFICATIONS FOR POLICE PERMITS," Introduced February 19, 1985, was adopted. 6-E: CIT A TIONS IN LI EU OF ARRESTS: Ord inance No. 1331 (CCS) entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3606," Introduced February 19, 1985, was adopted relating to CItations In lIeu of arrests. 6-F: STEWART STREET PARK BOOTH/CONCESSION STAND: ContInued to March 12, 1985, at request of staff. 6-G: GUTTERS/STREET REPAIR: ResolutIon No. 6979CCCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE TO PROPERTY OWNERS TO CONSTRUCT GUTTERS AND TO RESURFACE VARIOUS CITY STREETS IN CONJUNCTION WITH THE 1984-85 STREET RESURFACING PROGRAM,~ was adopted settIng a public hearIng for March 26, 1985. 6-H: SHORT RANGE TRANSIT PLAN: A recommendation was approved to authorIze the CI ty Manager to fIle a Short Range Transit Plan WI th the Los Angeles County Transportation CommIssIon and the Southern CalIfornIa AssocIation of Governments. END OF CONSENT CALENDAR 6 -A: MIN UTES: Pr esented for approval were mInutes of the CI ty Counc 11 meetIng held February 19, 1985. Dl scus S Ion was held. .~'?unc i lmember Epst~ln ,moved to approve the mi nutes of February 19, 19~r5, corrected on pa-ge 10, Item 14-A, to lndIcate that Councilmember Conn seconded Councllmember EpsteIn's motlon. Second by Councllmember Conn. The motion was approved by a vote of fIve ln favor, Counc i lmember Katz absta in lng, Counc ilmember Edwards absent. 6-c: CONFLICT OF INTEREST CODE: Presented was a staff report transmIttIng a resolutIon amendlng the City's ConflIct of Interest Code, ResolutIon No. 6009(CCS). DIScussion was held. Member of the publIC DaVId Cameron spoke to request that a summary of the State Code be provided to persons fIllIng out the forms. DISCUSSIon was held. Councllmember Conn moved to adopt Resol utlon No. 6978 (CCS) en tl tIed: TI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INCORPORATING BY REFERENCE THE TERMS OF 2 CALIFORNIA ADMINISTRATIVE CODE SECTION 18730 PERTAINING TO CONFLICT OF INTEREST CODES," readIng by title only and waiving further readIng thereof. Second by Councilmember Katz. The motIon was approved by the fOllOWIng vote: 5 February 26 t 1985 84 CouncIl Vote: Unanimously approved 6-0 Absent: Councilmember Edwards 7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report I regardIng a publIC hearIng on assessments of costs to repaIr damaged sidewalks, drIveways and curbs at varIOUS locatIons (SR-85-59) . The publ ic hear lng was declared open at 8: 20 P. M. During discussIon, Councllmember Conn moved to continue the pUblIC hearing and any actIon on thIS Item to March 12, 1985, due to a complaInt of a property owner that he dId not receIve ample notice of the publIC hearIng. Second by Councllmember Katz. The motion was approved by unanImous vote. 7-8: GUTTER CONSTRUCTION/STREET RESURFACING: Presented was a staff report regardIng a public hearIng on gutter constructIon and street resurfacIng on Colorado between 9th and 14th Streets, Marine between LIncoln and 150 feet west of Lincoln, Pier between MaIn and NeIlson Way, and Pier between LIncoln and 160 feet west of Ll ncoln. The pub llC hear Ing was declared open at 8: 23 P. M. There beIng no one wishIng to speak, Councllmember EpsteIn moved to close the public hearIng at 8:24 P.M. Second by Councllmember Conn. The motIon was approved by unanImous vote. DurIng dISCUSSIon, Councilmember Katz moved to adopt Resolution No. 6980 (CCS) entI tl ed: "A RESOLUTION OF THE CITY COUNC IL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING GUTTER CONSTRUCTION AND STREET RESURFACING ON VARIOUS CITY STREETS," readIng by tItle only and waiVIng further reading thereof. Second by Councilmember Epstein. The motIon was approved by the following vote: CounCIl Vote: UnanImously approved 6-0 Absent: Councllmember Edwards 8-A: SIGN ORDINANCE: Presented was a staff report transmIttlng an ordinance for IntroductIon and fIrst readIng adoptIng a comprehenSive SIgn Code for the CIty. DIScuSSIon was held. The public hearIng was declared open at 8: 30 P. M. David Cameron, Ralph Mechur, Laurel Roennau and Vince Muselll spoke in support of a sign code for the City. There beIng no one else WIshIng to speak, Mayor Reed declared the publIC hearIng closed at 8:45 P.M. I D1Scusslon was held. Councllmember Katz moved to lntroduce for fIrst readlng an ordInance entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE SANTA MONICA SIGN CODE J" read Ing by title only and waIvIng further read ing thereof, wlth the following amendments as recommended and subml tted by the Archl tectural Revlew Board In a report dated February 26, 1985 (No te: changes to sta ff' oS proposed ordlnanc e are lndicated In bold type, deletIons to staff's proposed ordlnance are lndlcated In brackets []): 6 February 26, 1985 I I 85 SectIon 9905(e) is amended to read as follows: "Sign Program. A sIgn program subml tted In accordance WI th the -guidelInes. and standards of the ArchItectural Review Board shall be required for all new projects and building remodels which directly affect the existing signs.1t SectIon 9909 IS amended to read as follows: "TIme for ExercIsIng ~~gn Permit and Proof of ComplIance. A SIgn permit shall become null and VOId If the sign for which the approval was granted and all condItIons Imposed In connectIon WIth the approval have not been completed WIthIn 6 months of Issuance of the SIgn permit or, In the case of a SIgn approved for a bUIldIng not yet completed, six months after [pr lor to] the Issuance of the certl flC ate of occupancy. WI thIn 30 days of the completIon of the SIgn, the applIcant shall fIle WIth the Planning Department a color photograph at least 3" X 3" mInImum In SIze showing completIon of the SIgn or sign program In accordance WIth the SIgn permit. For multi-tenant buildings the approved sign program shall remain in effect for the life of the building or until a new sign program is approved.R; SectIon 9912(f) IS amended to read as follows: "Real Estate SIgns. Real Estate SIgns In a reSIdentIally zoned dIstrict WhICh are located on the pertInent site, are not IllumInated, do not exceed SIX feet in total area and not more than six feet In helght; plus no more than three 12" X 4" rIders, plus one ~open house" SIgn not exceedIng three square feet in area, plus no more than one 6" X 18" pennant for each 20 lInear feet 0 f street frontage. In additIon, four real estate off-premIses directional SIgns not exceedIng four square feet In area and not exceeding SIX feet In height is permItted per SIte. Real Estate SIgns in a commercially or IndustrIally zoned dIstrIct WhICh are located on the pertInent (site] building, are not Illuminated, do not exceed 24 square feet [in total area] each, [are not more than SIX feet In height above grade] are not higher than 30R above the second floor 1 ine, and which are Ilmi ted to one sign for each [street frontage of any property] building and must be attached to the building. Properties with a lot width of 50 feet or less shall be lImIted to [12] 16 square feet per SIte for real estate signs. Real estate SIgns are non-permanent SIgns and must be removed when the advertIsed transactIon IS completed."; SectIon 9915(d) IS amended to read as follows: "NotwithstandIng the maximum sign area calculated by use of these sign factors, no SIngle S1gn [other than a hIgh rIse SIgn] shall exceed 100 square feet In area at any locatIon."; SectIon 9920(e) (3) 1S amended to read as follows: "If the SIgn has been more than 50 percent destroyed, and the destructIon IS other than faCIal copy replacement, and the dIsplay IS not repaIred withIn (120] 90 days of the date of Its destruction."; 7 February 26, 1985 86 Further, staff IS dIrected to report WI th recommendatIons for a slIdIng scale prOVISIon regarding the maximum sIgn area for a gIven site, SectIon 9915(a); Section 9902(5) IS omitted, thereby prohibIting high rIse sIgns. ["HIgh RIse Sign Any sign located on a bUIldIng four or more stories In height that is between the top of the parapet or high point of the bUIldIng, exclUSIve of penthouse structures, and the horIzontal lIne not more than 15 feet below the top of the parapet or hIghpoInt of the bUIldIng on the SIde of the bUIlding to WhICh the sIgn IS affIxed."]. Second by CouncIlmember Conn. DurIng discussion and wi th the consent of the second, CouncIlmember Katz Included In the motion, In regard to SectIon 9909, mod If led above, that the last sentence ("For mul tl-tenant bUIldings the approved sIgn program shall remain in effect for the lIfe of the bUIldIng or until a new sIgn program IS approved.") be Included in the defInItIon sectIon of the ordInance. DIScuSSIon was held. WIth the consent of the second and maker of the motIon, the City Attorney clarIfied the folloWIng addl tlonal pOints for purposes of IntroducIng the ordInance for first readIng: delete Section 9913(d) regardIng HIgh-Rise Signs; renumber Sections 9913(e) and 9913(f) accordIngly; add a new SectIon 9914(n) to read "HIgh-rIse signs as a prohibited category of sign."; add language to reVIsed Section 9905 (e) to read as follows: II SIgn Program. A sIgn program submitted In accordance with the gUidelines and standards of the ArchItectural ReVIew Board shall be requIred for all new projects and bUIlding remodels WhICh directly affect the eXIstIng sIgns and for any change in a sign in a multi-tenant building." DIScussion was held. Councllmember Conn moved an amendment to dIrect staff to return WI th a speCific process of addresslng aesthetIc and historIC signs to be determined by the ArchItectural RevIew Board. Councilmember Katz accepted the amendment as frIendly Incorporating It into the maIn motIon. During dIScussion, Councllmember Epstein moved to dIvIde Into two parts for voting purposes the direction to staff to recommend regardIng a slidIng scale prOVIsion for determIning maXImum sIgn area and the speCIfIC process of addressIng aesthetlc and hIstoriC SIgns and the Introduction of the ordinance for fIrst reading Into two parts for votIng purposes. Second by Councilmember Zane. The motIon to dIvide the motion was approved by unanImous vote. DIScussIon was held. 8 February 26, 1985 I I I I 87 The CIty Attorney noted a typographIcal error In SectIon 9912(g) and corrected It to read: "Regul ated Signs. Signs regul ated by or requIred by any [other] governmental agency." DIScussion was held. The motIon to Introduce the ordInance as amended for fIrst readIng was approved by the follOWIng vote: CounCIl Vote: AffIrmatIve: Councllmembers Conn, JennIngs, Katz, Zane and Mayor Reed NegatIve: Councllmember EpsteIn Absent: Councilmember Edwards Councllmember EpsteIn requested the record reflect his negatIve vote In that he belIeves that the cost and complexIty of the regulatIon IS dIsproportionate to the SOCIal eVIl It IS deSIgned to regulate. During dISCUSSIon, Councllmember Epstein moved an amendment to dIrect that staff, the ArchItectural ReVIew Board and the Planning CommIssion re-review the SIze crIterIa for real estate signs In reSIdentIal neIghborhoods WIth speCIfIC reference to the fact that some "For Sale" SIgns are two-sided and dIsplayed to be viewed from eIther dIrection while driVIng down the street; should they be Included or prohIbIted. Second by Mayor Pro Tempore JennIngs. The amendment was approved by the follOWIng vote: CounCIl Vote: AffIrmatIve: Councllmembers Epstein, JennIngs, Zane and Mayor Reed NegatIve: Councllmembers Conn and Katz Absent: Councllmember Edwards The motIon to dIrect staff to report to CounCIl on recommendatIons regardIng the slIding scale prOVISIon of maXImum sign area and the specifIC process of addreSSIng aesthetIC and historIC SIgns was approved by the follOWIng vote: CounCIl Vote: UnanImously approved 6-0 Absent: CouncIlmember Edwards 8-B: UNIFORM TECHNICAL AND FIRE CODES: 1985. ContInued to March 12, 8-C: UNIFORM ADMINISTRATIVE CODE AND FIRE CODE/FEES: ContInued to March 12, 1985. 9 February 26, 1985 88 8-D: DATA PROCESSING DEPARTMENT: Presented was a staff report transmIttIng an ordInance for Introduction and first reading creatIng a Data Processing Department as established durIng the 1984-85 budget process. The publIC hearIng was declared open at 9: 35 P. M. Ther e beIng no one WI shing to speak, Councllmember I Conn moved to close the publIC hear lng at 9: 36 P. M. Second by Councllmember EpsteIn. The motIon was approved by unanImous vote. Councllmember Conn moved to Introduce for fIrst readIng an ordInance enti tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 2236 AND 2237 TO THE SANTA MONICA MUNICIPAL CODE TO CREATE THE DATA PROCESSING DEPARTMENT," readlng by tItle only and waIvIng further reading thereof. Second by Councllmember EpsteIn. The motIon was approved by the followIng vote: Council Vote: Unanlmously approved 6-0 Absent: Councllmember Edwards 8-E: INTERIM DEVELOPMENT PERMIT APPEAL PROCEDURE: Presented was a staff report transmittIng an ordInance for Introduction and fIrst readIng amendIng OrdInance No. 1321 (CCS) to establIsh an appeal procedure r elatIng to inter 1m development perml ts. DIScussIon was held. Counc1lmember EpsteIn moved to follow Al terna t 1 ve Number 5 of the sta ff report, therefore no appeal procedure would eX1st and no ordInance would be requIred. Second by Councllmember Katz. The motIon was approved by the followIng vote: CouncIl Vote: AffIrmatIve: Councllmembers Conn, Epste1n, JennIngs, Katz and Ma yor Reed Negat1ve: Councllmember Zane Absent: Councllmember Edwards A recess was held at 9:46 P.M. At 9:59 P.M. , CounC1l reconvened wIth all members present as at the roll call. 1 O-A: CABLE COMMUNICATIONS TASK FORCE (See al so Item SS-1): Presented was a staff report recommendIng that CounCIl recelve the report of the Cable CommunJ.cations Task Force, acknowl edge theIr work and refer the report to the Clty Manager for I development of an actIon plan to deal wJ.th cable Issues and to the CJ.ty Attorney for evaluation 1n Ilght of Federal legislatlon. DIScusslon was held. Councilmember EpsteIn moved to suspend the rules and hear from members of the public for three minutes each. Second by Councllmember Conn. The motIon was approved by a vote of fIve In favor, Mayor Pro Tempore Jenn1ngs opposed, Councilmember Edwards absent. The folloWIng members of the public spoke In support of cable uses: Jolene Labastlda, James 10 February 26, 1985 I I 89 Fugle, Jon Campbell, hrlstlna Keeffer, SheIla Hutman, Barry Atwood, Ellen St ern Harr is, Tom Mossman, KI t Galloway and Lo IS ArkIn. At 10:55 P.M., Councllmember EpsteIn moved to extend the mee t i ng to 12: 00 MI dnlght. Second by Counc llmember Conn. The motion was approved by unanimous vote. DIScussion was held. Councl1member EpsteIn moved to receIve the report, thank the Cable CommunIcatIons Task Force and Cable Consultant Walter 31 embab for theIr efforts, refer the report and comments to the CIty Manager for development of an action plan to deal with cable Issues and the CIty Attorney for evaluatIon in lIght of Federal legislatIon; that the preliminary report be returned to Council by April 15, 1985, staff to address the followIng questions: The SIze of the system (number of channels), means of InsurIng the system IS main taIned at or near the state of the art as It evolves, the Issues of public access and socIal serVice for public Interest programing, methods of Insuring a diverSl ty of v Iews and programmIng in the system, and any legal constraints that the CIty needs to bear In IDI nd to protect its pos i tion. Second by Councllmember Conn. DIScussion was held. Mayor Pro Tempore JennIngs moved an amendment to direct staff to look at ways in WhiCh to broaden the audIence, targeting low Income people. WI th the consent of the second, Councilmember Epstein accepted the amendment as frIendly therefore Incorporating it into the maIn motIon. DurIng dIScussIon and with the consent of the second, CouncIlmember Epstein modifIed the motion to have the report be returned to the Cl ty Counc 11 in 60 days, rather than AprIl 15, 1985, as long as all deadlines are met. The motIon was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: CouncIlmember Edwards 11-A: PARKING STRUCTURE IMPROVEMENTS: Presented was a staff report recommendIng that staff be instructed to proceed wIth plans and specIfications and bidding for paIntIng the interiors of parkIng structures in the Central Business DistrIct;; installing improved signIng and graphIcs; provid Ing openIngs In the stairwells In structures 1, 3, 4, 5, and 5; and removIng facades from structures 1, 3, and 6. D1SCUSSlon was held. CouncIlmember EpsteIn moved to approve the staff recommendatIon, thereby instructing staff to proceed wIth plans and specIflcations and blddlng for paIntIng the lnterlors of the structures; InstallIng improved Signing and graphics; provIding openings ln the staIrwells in structures 1, 3, 4, 5, and 5; and removIng facades from structures 1, 3, and 6. Second by Coun c Ilmember Conn. The mot ion was approved by the folloWIng vote: Councl1 Vote: UnanImously approved 6-0 1 1 February 26, 1985 90 Absent: Councilmember Edwards 11-8: MAIN STREET PARKING STRUCTURE/EIR COST: Presented was a staff report recommendIng authorlzlng the Clty Manager to amend the standard EIR payment agreement wIth Russell Barnard to I proVlde reImbursement for the preparation cost of the EnvIronmental Impact Report prepared for the proposed MaIn Street parkIng structure, should that document be used In the future by the CIty as the prlncipal envIronmental source document for construction of a structure. DurIng dIScuSSIon 1 Councllmember Conn moved to approve the staff recommendatIon, thereby authorizIng the CI ty Manager to amend the standard EIR payment agreemen t with Russell Barnard to prov Id e re Imbursement for the preparatIon cost of the EnvIronmental Impact Report prepared for the proposed MaIn Street parking structure, should that document be used In the future by the CIty as the prlnclpal environmental source document for constructIon of a structure. Second by Councllmember EpsteIn. The motIon was approved by the following vote: CouncIl Vote: Unanimously approved 6-0 Absent: CouncIlmember Edwards 11-C: CLOSED SESSION: Held later in the meetlng. 14-A: OVERNIGHT OCCUPANCY OF VEHICLES/RESIDENTIAL NEIGHBORHOODS: Presented was the request of Mayor Reed to dISCUSS conSIderation of an ordInance makIng It illegal to occupy vehIcles overnIght In reSIdentIal neighborhoods. Mayor Reed Introduced dIScuSSIon. Mayor Reed moved to direct the CIty Attorney to prepare an ordInance WIth language outlIned In the staff report on the homeless people, dated January 29, 1985 ("No vehicle occupied by any person for more than 30 min utes between the hour s of 12: 00 A.M. and 5:00 A.M. shall be parked on any street 1n the R-l, R-2, R-2-R, R-3, or R-4 ReSIdential DIstricts after any occupant of such vehIcle has been ordered by a peace offIcer to move such vehIcle from such street."). Second by Councllmember Katz. DlScussIon was held. Councllmember Conn moved an amendment that Councilmembers receIve a CIty map IndlcatIng WhIch streets WIll be avaIlable for persons who occupy vehIcles overnIght. W1th the consent of the second, Mayor Reed accepted the amendment as frIendly, therefore IncorporatIng I t Into the maIn motIon. The motion was approved by unanImous vote. 14-B: CONFLICT OF INTEREST CODE: Presented was the request of Councllmember Zane to dISCUSS modificatIon to the ConflIct of Interest Code pertaInIng to Councilmembers presenting to CommIssions development or other Issues In WhlCh that have a fInancial Interest. Councllmember Zane Introduced dISCUSSIon WIth staff and Councllmembers in regard to the matter. I 12 February 26, 1985 I I 91 At 12:10 A.M., Councllmember Katz moved to extend the meetIng to 1:00 A.M. Second by Councllmember EpsteIn. The motIon was approved by unanimous vote. 14-C: LANDMARKS COMMISSION: Presented was the matter of appointment of a member to the Landmarks CommIssIon. NominatIons were declared open. Councllmember EpsteIn moved that Howard Van Amste 1 be appo in ted to the Landmarks Commi ss Ion by accl amation. Second by Councllmember Zane. The motIon was approved by unanimous vote. Therefore, Howard Van Arnstel was appoInted to the Landmarks CommIssIon for a term eXpIrIng June 30, 1986. 14-D: USE OF COUNCIL CHAMBERS: Pr esen ted was the request 0 f Mayor Reed to dISCUSS waiving the fee for use of the Council Chambers by the MalIbu HIstorIcal Society, Inc., on May 10, 1985. Mayor Reed moved to approve the request. Second by CouncIlmember Katz. The motIon was approved by unanImous vote. 14-E: BICYCLE SAFETY PROGRAM: Presented was the request of Mayor Reed to dISCUSS the bIcycle safety program In regard to children rIdIng bIkes on Sidewalk. Mayor Reed Introduced discussIon. Councilmember Epstein moved to refer the matter to staff for action and possIbly offer the PolIce Department's Bycycle Safety Program,s more regularly In the gramrner schools. Second by Mayor Reed. The motIon was approved by unanImous vote. 14-F: CONTAMINATION OF FISH/SANTA MONICA BAY: Presented was the request of Councilmember Conn to dISCUSS reports of contamInation of fI sh in the sur f along Santa Mon Ica Ba y. Councilmember Conn Introduced dIScusSIon. Councllmember Conn moved to dIrect staff to communIcate with the State Mussel Watch Program (funded by the Environmental ProtectIon Agency) regardIng CouncIl's concerns and staff to report on InformatIon receIved. Second by CouncIlmember Zane. Counc Ilrnernber Eps te in moved an amendment to d Irec t staff to continue to monI tor the SI tuatlon through appropr iate agencIes. WI th the consent of the second, Councllrnember Conn accepted the amendment as frIendly, therefore IncorporatIng It Into the motIon. The motIon was approved by unanImous vote. 14-G: EXCUSED ABSENCE FOR COUNCILMEMBER EDWARDS: Presented was the request of Mayor Reed to consIder Councilmember Edwards' request for excused absence from thIS and possIble future CouncIl meetings due to III heal th. Mayor Reed introduced dIScUSSIon. Councilmember Katz moved to excuse Councllmember Edwards from this meeting. Second by Councllmember lane. The motIon was approved by unanimous vote. 11-C: Sesslon for Closed mat ter sand CLOSED SESSION: for the purpose Presented was of con sider ing a request personnel 13 February 26, 1985 92 threatened 1 i tlgatlon, pend Ing 11 tlgat ion and 11 tlgatlon to be commenced by the City. At 12:27 A.M., CouncIlmember Katz moved to adJourn to Closed SeSSIon to consIder the followIng pending I cases: Edelstein VS. CIty of Santa MonIca, Santa MonIca Superior Court Case No. WEC 84929; Hal rston vs. CI ty of Santa MonIca, Santa MonIca MunIcIpal Court Case No. F 44151; Daniel Banuelos, et ale vS. CIty of Santa MonIca, Santa Monica SuperIor Court Case No. WEC 064167; Barbara WIllIams VS. CIty of Santa MOn1.ca, Los Angeles Super ior Court Ca se No. C 68683; Boyer vs. State of Call fornia, CI ty 0 f Santa Man ica, San ta Mon Ica SuperIor Cour t Case No. WEC 61792; NeVIlle vs. CIty of Santa Monica, ClaIm No. CSM 84-217; AgUIlar vs. CIty of Santa MonIca, Santa MonIca SuperIor Court Case No. WEC 74275; Shell 011 Company vs. CIty of Santa Montca, United States DIstrict Court Case No. CV 82 2362 RJK (Gx); Goldway vs. CIty of Santa MonIca, Los Angeles Superior Court Case No. C 487521; and CalifornIa AVIatIon vs. CIty of San ta Mon ica, Un i ted St ates Di stric t Court Case No. CV 84-6985 (CME) (Ex). Second by Councllmember Zane. The motIon was approved by unanImous vote. CouncIl reconvened at 12:46 A.M. WIth all members present as at the roll call. Councilmember WIllIams vs. Councilmember vote: EpsteIn moved to approve settlement In the case of Ci ty In the amount of $6,000. Second by Conn. The motion was approved by the following Council Vote: UnanImously approved 6-0 Absent: Councllmember Edwards Councllmember NeVIlle vs. Councilmember vote: EpsteIn moved to approve settlement in the case of CIty In the amount of $12,555. Second by Conn. The motIon wa s approved by the following Council Vote: UnanImously approved 6-0 Absent: Coucllmember Edwards CouncIlmember Epstein moved to approve settlement in the case of Boyer vs. CIty In the amount of $10,000. Second by Councilmember Conn. The motion was approved by the following vote: I CouncIl Vote: Unanimously approved 6-0 Absent: CouncIlmember Edwards Councllmember EpsteIn moved to approve settlement in the case of Ed el ste In v s. C1 ty In the amount of $7 , 500. Second by CoucIlmember Conn. The motion was approved by the followIng vote: 14 February 26, 1985 I I ~.J Council Vote: UnanImously approved 6-0 Absent: Councilmember Edwards Councllmember Aguilar vs. Councllmember vote: EpsteIn moved to approve settlement In the case of Cl ty In the amount of $8,000. Second by Conn. The motion was approved by the following Council Vote: Unanimously approved 6-0 Absent: Councllmember Edwards Councllmember Conn moved to approve a settlement agreement In the case of Goldway v s. Cl ty, by award of Contract No. 4421 (CCS) . Second by Councilmember Zane. Councllmember EpsteIn requested the record reflect that due to a pOSSIble conflIct of interest he wIll not partIcIpate in thIS matter. (Councllmember EpsteIn departed from the dais.) The motIon was approved by the followIng vote: CouncIl Vote: Unanimously approved 5-0 Absent: Councllrnembers Edwards and Epstein (Councllmernber EpsteIn returned to the daIS.) ADJOURNMENT: At 12:50 A.M'J Councilmember Conn moved to adJourn the meeting to Tuesday, March 5, 1985, at 8:30 P.M. for the purpose of hold ing further discuss Ion In regard to I tern 11-C, a Closed Session to conSIder pending litigatIon, adjournment to be in memory of Susan Jones. Second by Councllmember Epstein. The motIon was approved by unanImous vote. ATTEST: /,--) I i ~.A....---.;-~~,; APPROVED: ~1t:~ Mayor e~ E. Reed -- , , I" J)' 1- / 0'\.. { . __!<L -/'_,,/... '_ ( Ann M. Shore' -- CIty Clerk 15 February 26, 1985