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M-2/19/1985 I I 67 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 19, 1985 A meetlng of the Santa Monica Clty Councll was called to order by Mayor Reed at 7: 31 P. M., on Tuesday, February 19, 1985, in the Council Chambers, havIng been called as a Speclal MeetIng to r epl ace the Regul ar meet lng not held on February 12, 1985 (a hOlIday) . Mayor Pro Tempore Jennings led the assemblage In the pledge of all egl.ance to the Un 1 ted St ates of Amer 1 ca. Reverend James Conn, Church In Ocean Park, offered the invocation. Roll Call: Present: Mayor ChrIstl.ne E. Reed Mayor Pro Tempore William H. Jennl.ngs Councl.lmember James P. Conn Councilmember DaVId G. EpsteIn Councllmember Dennls Zane CIty Manager John Jallli Clty Attorney Robert M. Myers Clty Clerk Ann M. Shore Absent: Councilmember Ken Edwards Councllmember Herbert Katz 4-A: TASK FORCE ON LATINO AFFAIRS: Mayor Reed presented commendatIons to the followIng members of the Task Force on Latino AffaIrs for their serVIce to the community: The followIng members were present to recelve theIr commendatlons: Sharon Alblstegul, Lucia A. AparIclo, Jesus Arguelles, Yolanda Becerra-Jones, FrancIsco Franco, Martin Gomez Lomell, Llnda Longorla, Ruth C. Maclas, Laura J-1ansur, LInda Orrante, PatricIa Rodr 19uez-Holguin, T. San tora, Jon JUllO Sed ll10s and Benny B. Villalobos. 4-B: LOS ANGELES COUNTY PEACE OFFICERS ASSOCIATION: Mayor Reed presented commendations to Police ChIef James Keane upon his electlon as Presldent of the Los Angeles County Peace Offlcers Associatlon. 4-C: OUTSTANDING FINANCIAL REPORTING AWARD: Mayor Reed presented a Certificate of Award to Dlrector of Flnance Ml.ke DennIS and Assistant FInance DIrector BIll Ramsey for Outstandlng Flnanclal ReportIng from the CalIfornIa Soclety of MuniCIpal Flnance Offlcers. 6. CONSENT CALENDAR: The Consent Calendar was considered and approved In presented one mot ion whereby all items unless removed from are the 1 February 19, 1985 68 Calendar for discuss~on. Counc~lmember Zane moved to approve the Consent Calendar with the except~on of Items 6-H and 6-1. Second by Counc~lmember Epstein. The motion was approved by the following vote: CouncIl Vote: Unan~mously approved 5-0 Absent: Counc~lmembers Edwards and Katz I 6-A: MINUTES: The m~nutes of C~ty Council meet~ngs held October 23, 1984; January 22, 1985; and January 29, 1985J were approved. 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon No. 6970(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-c: HAZARDOUS MATERIAL TRAINING: Resolution No. 6971 (CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS FOR HAZARDOUS MATERIALS TRAINING," was adopted awarding Contract No. 4113(CCS) WIth the Cal~forn~a H~ghway Patrol for re~mbursement for serVIces rendered by members of the Santa Monica F~re Department for hazardous materIal train~ng. 6-D: PARKING AND BUSINESS IMPROVEMENT IMAIN STREET AREA: OrdInance No. 1328(CCS) entltled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 1303 (eGs) TO INCLUDE ADDITIONAL BUSINESSES IN THE MAIN STREET PARKING AND BUSINESS IMPROVEHENT AREA, If Introduced January 22, 1985, was adopted to lnclude addi tlonal buslnesses In the Maln Street Parking and BusInes Improvement Area. 6-E: LICENSING AND IMPOUNDMENT OF DOGS: Ordlnance No. 1329(CC3) ent~tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 4116 AND 4117 OF THE SANTA MONICA MUNICIPAL CODE REGARDING LICENSING AND IMPOUNDMENT OF DOGS IN CONFORMANCE WITH STATE LAW," Introduced January 22 J 1985, was adopted. 6-F : HEWLETT-PACKARD 3000-68 COMPUTER : Contract No. 4114 (CCS) was awarded to Hewlett-Packard Corporatlon for lease of an HP3000-68 computer wlth related equipment to accommodate the growth of automat~on In the CIty. 6-G: AVAIATION FUELS AND LIBRICATING OILS: Bld No. 1988 was awarded to Gale Barstow, Inc., and Chevron Inc. at unlt prices b~d for aVlatlon fuels and lubrlcatlng olls for the Alrport Department. I 6-J: PARATRANSIT PROGRAM: A recommendation was approved to Increase by an add~ tlonal $18 J 040 the grant awarded to WISE's Paratranslt Program In order to prOVIde add~t~onal taxI-services 2 February 19, 1985 I I 69 to senIor and disabled resIdents and to cover the cost of van repaIrs. 6-[: SIDEWALK/DRIVEWAYS/CURBS: Resolution No. 6972(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-85-60)," was adopted. END OF CONSENT CALENDAR 6-H: STREET SWEEPER: Councilmember Epstein introduced dIScussion to consIder why only one bId had been received for thl S Item. Counc Ilmember Ep ste In moved to approve the staff r ecommdatlon, ther eby award Ing Bl d No. 1989 to Pub llC Works, Inc., In the amount of $70,252.73 for one SIX yard street sweeper. Second by Councilmember Conn. The motIon was approved by the follOWIng vote: CounCIl Vote: UnanImously approved 5-0 Absent: Councllmember Edwards and Katz 6-1: SUBDIVISION MAP ACT: Hayor Pro Tempore JennIngs introduced dIscussion In regard to a staff recommendation that no action be taken to revert condomIniums to acreage under teh Subd 1 VI Slon Map Ac t. Dl SCUSS Ion was held. Mayor Pro Tempore JennIngs moved to dIrect the Clty Attorney to draft an ordinance relatIng to reverSIon of condomIniums to acreage and specifically providIng that the time durlng WhIch there IS any litlgatlon over the subd 1 v IS lon map IS tolled (not CQun ted) from the fIve year perIod, the tIme that the Santa Monlca Plnes case was pendIng IS also tolled, and to provIde that there would be an appeal procedure before the Clty CounCIl. Second by Councllmember Zane. DIScussion was held. Councllmember Epstein moved to table thIS matter untIl the second meetIng-In April 1985~ The motlon falled for lack of a second. After dISCUSSIon, Councllmember Zane WIthdrew hIS second to the orlglnal motlon, therefore the orlglnal motIon falled for lack of a second. There belng no objection, Mayor Reed Indlcated that the report would be received and flIed. There belng no obJectlon, Mayor Reed moved Item 14-E forward to be heard next on the agenda. 14-E: PROPOSED RENT CONTROL LEGISLATION CAB 483): Presented was the request of Mayor Reed to hear Rent Control Board Chalrperson FInkel speak ln regard to AS 483 relatlng to proposed rent control legIslatIon. There beIng no objectlon, Rent Control Board Chairperson DaVid FInkel addressed Councll urging them to go on record In Opposltlon to AB 483. DlSCUSSlon was held. Councllmember Epsteln moved to reafflrm CounCIl's preVIOUS posltlon (regardIng oppositIon to lnterventlon In home rule/local 3 February 19, 1985 70 control matters) wIth respect to AB 483; authorIze the Mayor to wrIte an approprIate letter communIcatIng this posItIon; dIrect the CIty lobbYIst to continue hIS concern wIth thIS legislatIon and to coordInate wIth anyone (lobbYIst) hIred by the Rent Control Board or wIth the Rent Control Board directly; and authorize the Mayor or designee to meet with or Interact with the Rent Control Board wi th respect to thIS Issue. Second by Mayor I Reed. Ma yor Reed moved an amendment to Ind Icate the Counc 11 f S baSIc Intention to designate as the lead decisIon maker/lobbyist person someone other than the regular CI ty lobbYIst so that he can contInue to work on other busIness of the Ci ty, thereofore beIng In a llaIson/coordlnantlng role to a prIncipal lObbYISt on thIS matter. Councllmember EpsteIn accepted the amendment as fr lendly and Incorporated It Into the maIn motIon. DI scuss ion was held. Mayor Reed restated the motion as follows: communIcate the CounCIl posItion reaffIrmIng local control and opposing the 1 atest antl- rent con trol bIll (AB 483) wi th the Mayor to communIcate in wrItIng to all approprIate people related to this bIll; dIrect the Cl ty IS lobbYl st to add this matter to hI s workload and Incl ud e In the dIrection the recognl tlon that the City's lobbyist will not be prIncipally lobbYIng thIS Issue and that someone else WIll have the principal responSIbIlity, and authorize the lobbYIst to coordInate WIth the Rent Control Board; and authorIze the Mayor or her deSIgnate to be the contact. Mayor Reed des1.gnated Councllmember Zane as the contact. The motion was approved by the following vote: CounCIl Vote: UnanImously approved 5-0 Absent: Councllmembers Edwards and Katz 8-A: POLICE PERMITS: Presented was a staff report transmittIng an ordinance for introduction and flrst readIng amend~ng Municipal Code Sections 6120 and 6123 brIngIng qualif~cations for Police PermIts into conform~ty WIth constitutIonal requirements. DlScusslon was held. The public hearIng was declared open at 8:34 P.M. There beIng no one wlsh~ng to speak, CouncIlmember EpsteIn moved to close the publ~c hearIng at 8:35 P.M. Second by Councilmember Conn. The motIon was approved by un an imous vote. Councilmember Epstein moved to introduce for f~rst reading an ordJ.nance entl tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6120 AND 6123 OF THE SANTA MONICA MUNICIPAL CODE REGARDING QUALIFICATIONS FOR POLICE PERMITS," reading by tltle only and waIving further reading thereof. Second by Councllmember Zane. The motIon was approved by the following vote: CounCIl Vote: UnanImously approved 5-0 I Absent: Councllmember Edwards and Katz 8-B: report CITATIONS IN transm~ttlng LIEU OF ARRESTS: an ordinance for Presented was a IntroductIon and staff fIrst 4 February 19, 1985 I I 71 reading amendIng Municipal Code SectIon 3606 relatlng to CItatIons In lleu of arrests for vIolatIons of the CIty'S Code or OrdInances making certaIn technIcal changes to conform to State 1 aw requ 1 rements. Dl scuss lon was held. The pub llC hear lng wa s declared open at 8:36 P.M. There beIng no one wishlng to speak, Councllmember EpsteIn moved to close the publIC hearIng at 8: 37 P. M.. Second by Counc llmember Zane. The motIon was approved by unanimous vote. Coune Ilmember Eps teIn moved to 1 n traduce for fIrst read Ing an ordInance en tl tIed : -"AN O[DINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 3606 ," readIng by tItle only and waiVIng further readIng thereof. Second by Councllmember Conn. DIScussIon was held. The motIon was approved by the follOWIng vote: CounCIl Vote: UnanImously approved 5-0 Absent: CouncIlmembers Edwards and Katz 10-A: JONATHAN CLUB: Presented was a request from the PlannIng CommISSIon to forward a letter to State Coastal CommISSIon addreSSIng potentIal issues raIsed regardIng the Jonathan Club's applicatIon for a coastal permIt, and a staff report recommending the City remain neutral based upon the Settlement Agreement between the CIty, State Lands CommISSIon and the Jonathan Club. DISCUSSIon was held. PlannIng Commlssloners Penny Perlman and Ken Genser addressed Council In support of their request to tr an sml t a letter to the State Coastal Commi 55 ion. D1 5CU5S lon was held. Councilmember Conn moved to authorIze the PlannIng CommISSIon to draft a letter to the State Coastal CommISSIon addressing potentIal issues raIsed regardIng the Jonathan Club's applIcatlon for a coastal perml t. The mot Ion faIled for lack 0 f a second. DurIng dISCUSSIon, Councllmember Epstein moved to recel ve and file the report. Second by Mayor Reed-.. The motIon was approved by unanlmous vote. 1 O-B: SCHOOL LIBRARIES: Presented was a staff report recommending approval for the LIbrary Board to send a letter to the School Board to thank them for restorIng full-tlme personnel to school librarIes. Library Board Member Rlchard Horst addressed Counc il requestIng authorIzation to send the letter. After dIScussion, Counc i lmember EpsteIn moved to author i ze the LIbrary Board to send the letter to the School Board. Second by Councllmember Conn. The motIon was approved by unanImous vote. 11-A: UNDERGROUND STORAGE OF HAZARDOUS MATERIALS: Presented was a staff report recommendIng adoptIon of resolutIons establIshing Regulatlons and Procedures for the Underground Storage of Hazardous MaterIals and establIshIng an underground tank perml t fee schedule. Members of the publIC Wayne Hall and James Sooranl spoke In support of strong regulatIons related to hazardous materIals storage. (Councilmember Zane departed from the daIS). Discussion was held. Councllmember Epsteln moved to adopt Resolut Ion No. 6973 (CCS) en tl tIed: "A RESOLUTION OF THE CITY 5 February 19, 1985 72 COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING STANDARDS AND REGULATIONS FOR CONSTRUCTON, OPERATION AND MONITORING OF UNDERGROUND STORAGE TANKS," read Ing by title only and wa I v ing further readIng thereof. Second by Councllmember Conn. The motIon was approved by the followIng vote: Council Vote: UnanImously approved 4-0 Absent: Councllmembers Edwards, Katz and Zane Councllmember Epstein moved to adopt ResolutIon No. 6974(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING AN UNDERGROUND TANK FEE SCHEDULE," readIng by tItle only and waiving further reading thereof. Second by Councilmember Conn. The motIon was approved by the fOllowIng vote: CouncIl Vote: Unanimously approved 4-0 Absent: Councilmembers Edwards, Katz and Zane A recess was held at 9:15 P.M. At 9:24 P.M., CouncIl reconvened wIth all members present as at the roll call. CITY COUNCIL/REDEVELOPMENT AGENCY/PARKING AUTHORITY SPECIAL JOINT MEETING A special Joint meetIng of the CIty CouncIl, Redevelopment Agency and ParkIng AuthorIty was called to order at 9:25 P.M. by Mayor/ChaIrperson Reed. Roll Call of Redevelopment Agency: Present: ChaIrperson ChrIstIne E. Reed ChaIrperson Pro Tempore WIlliam H. Jennings Agency Member James P. Conn Agency Member DaVId G. EpsteIn Agency Member DennIS Zane ExecutIve D1rector John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore Absent: Agency Member Ken Edwards Agency Member Herbert Katz Roll Call of Parking Authority: Present: Chairperson ChrIst1ne E. Reed Chairperson Pro Tempore WillIam H. AuthorIty Member James P. Conn Authority Member DaVId G. Epstein Authority Member Dennis Zane Jennings 6 February 19, 1985 I I I I 73 ExecutIve Secretary John JalilI Authority Attorney Robert M. Myers CIty Clerk Ann M. Shore Absent: AuthorIty Member Ken Edwards AuthorIty Member Herbert Katz 11-B: MID-YEAR BUDGET REVIEW/AMENDMENTS: Presented was a staff report submittIng the 19B4-85 MId-Ye~r Budget RevIew Report and resolutlons for consIderatIon WhICh would authorIze the budget changes recommended In the report. DIScussion was held. AuthorIty Member Conn moved to adopt ResolutIon No. 183(PAS) entItled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1984-85," readIng by title only and waivIng further readIng thereof. Second by Author 1 ty Member Zane. The motion was approved by the following vote: Authority Vote: Unanimously approved 5-0 Absent: Authority Members Edwards and Katz Agency Member Ep steIn moved to adopt ResolutIon No. 397 (RAS) entItled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1984-85," readIng by tItle only and waIVIng further readIng thereof. Second by Agency Member Conn. The motion was approved by the folloWIng vote: Agency Vote: UnanImously approved 5-0 Absent: Agency Members Edwards and Katz Councllmember Zane moved to adopt ResolutIon No. 6975(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONCIA AMENDING THE BUDGET FOR THE FISCAL YEAR 1984-85," readIng by tl tIe only and wiaving further reading thereof. Second by Councllmember EpsteIn. The motIon was approved by the following vote: CounCIl Vote: Unanimously approved 5-0 Absent: Councllmembers Edwards and Katz Mayor Pro Tempore Jennings moved to approve the personnel actions lIsted In the staff report (document enti tled "1984-85 MIdyear Budget RevIew", pages 18 through 21). Second by Mayor Reed. The motIon was approved by the folloWIng vote: CounCIl Vote: UnanImously approved 5-0 Absent: Councllmembers Edwards and Katz 7 February 19, 1985 74 ADJOURNMENT OF PARKING AUTHORITY MEETING: At 10:00 P.M., AuthorIty Member Conn moved to adJourn the ParkIng Authority meeting. Second by Author i ty Member EpsteIn. The motion was approved by unanImous vote. ADJOURNMENT OF REDEVELOPMENT AGENCY MEETING: At 10:01 P.M., AJ1;ency Member EpsteIn moved to adjourn the Redevelopment Agency meetIng. Second by Agency Member Conn. The motIon was approved by unanimous vote. REGULAR CITY COUNCIL MEETING - RECONVENED I 11-C: CLOVER PARK: Presen ted was a staff report recommend lng tha t pI an s proceed for a 4.25 ac re expanSion 0 f Clover Park. DIScussion was held. Councllmember EpsteIn moved to approve the staff recommendation, thereby approving an appropriation of $60,000 In the Recreat1.0n and Gul tural category of the Capt1.al Budget, AIrport Fund, account number 33-740-511-000-976, for landscape desIgn serVIces to develop plans for a 4.25 acre expanSIon of Clover Park, thIS appropriatIon IS to be fInanced from the AIrport Fund fund balance; and authorizIng staff to negotIate and execute a contract WI th a landscape archi tect for desIgn of the Clover Park eXpansIon for up to $60,000; addIng to the recommendatIon that all publIC hearIngs be notIced by United States mail to Interested organizations and at least the same radIUS of people as would be notifIed If thlS proJect were private development. Second by Mayor Reed. During dIScussion and WIth the consent of the second, Councilmember Epstein amended the motion to IndIcate that the notIce area would be as a neIghborhood mall outreach, rather than lImited to the radIUS requIred of prIvate development. During dISCUSSIon, Councllmember Conn moved an amendment to reqUIre that the search for a landscape architect be done by way of the RFP (Request for Proposal) process wIth a cr iter la that the publIC partie Ipa t ion aspects of the park deSIgn process be hIghlIghted In the RFP process. Second by Goune llmember Zane. After dISCUSSIon and WI th the consent of the second, Councllmember Epstein accepted the amendment as friendly IncorporatIng it Into the maIn motIon. DiSCUSSIon was held. The motIon was approved by the follOWIng vote: Council Vote: UnanImously approved 5-0 Absent: Councllmembers Edwards and Katz 11-D: SANTA MONICA AIRPORT: Presented was a staff report I recommendIng approval of the Airport ReSIdual Land Work Program and dIrecting staff to proceed WIth the draftIng of a Request for Proposals for eventual development and dISpOSItIon of the AIrport residual land. DIScussion was held. Councllmemb~~ Epstein moved to approve the staff recommendation, thereby apprOVIng the AIrport ReSIdual Land Work Program as presented in the body of the staff report and dIrecting staff to prepare a draft Request 8 February 19, 1985 I I 75 for Proposals for development of the resIdual land, amended to Include a Council Study Session in April and that the staff report to Council WIth the draft RFP Include dIScUSSIon of POlICY optIons and/or JustIfYIng the RFP and a proposed mechanIsm to have at least one public workshop, pos:nbly held by a Board or CommIssion. Second by Mayor Pro Tempore JennIngs. DISCUSSIon was held. The motIon was approved by the following vote: CouncIl Vote: UnanImously approved 5-0 Absent: Councllmembers Edwards and Katz At 10:53 P.M., to 12:30 A.M. was approved opposed. Councllmember EpsteIn moved to extend the meetIng Second by Mayor Pro Tempore Jennlngs. The motIon by a vote of four In favor, Councllmember Zane 11-E: CITY SEAL: Presented was a staff report recommendIng that the CIty Attorney be dIrected to prepare an ordInance prohIbiting pr I vate use and reprod uctIon of the Ci ty seal. DI scussion was held. Councllmemher EpsteIn moved to approve the staff recommendatIon. Second by Mayor Pro Tempore Jennings. The motIon was approved by unanimous vote. 11-F: CLOSED SESSION: ConsIdered later In the meetIng. 12-A: RESTAURANT PERMIT/3100 MAIN STREET: Presented was a staff report recommendIng adoptIon of fIndIngs and revised condItions in regard to approval on January 22, 1985, of a proposed 130-seat restaurant at 3100 Maln Street In connectIon wlth CondItional Use PermIt 371. DurIng dISCUSSIon, ~9uncIlmember EpsteIn moved to approve the fIndIngs and revIsed condItIons as presented. Second by CounCllmemher Conn. The motlon was approved by the fOllowIng vote: CouncIl Vote: UnanImously approved 5-0 Absent: Councllmembers Edwards and Katz 12-B: OUTPATIENT SURGICAL FACILITY/15GB ARIZONA AVENUE: Presented was a staff report recommendIng adoptlon of fIndIngs reI ated to the CI ty Counc 11 action on January 22, 1985, denYIng WI thout preJud lee and remandIng to the PlannIng Comml SSlon an appeal from the PlannIng CommIssion for constructIon of an outpatIent surgIcal faCIlity at 15G8 Arizona Avenue In connectIon WIth Development ReVIew PermIt No. 275 and ZonIng AdmlnIstator Case No. 4828-Y. DurIng dISCUSSIon, Councllmember Conn moved to approve the fIndIngs as presented. Second by Mayor Reed. The motIon was approved by the follOWIng vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Zane and Mayor Reed 9 February 19, 1985 76 Negative: Councilmember Epstein Absent: Councilmembers Edwards and Katz Councllmemher EpsteIn requested the record reflect hIS VIew that, gIven the InabIlity of the PlannIng CommISSIon to make a deCISIon on thIS matter, remandIng It to them In this Instance would be a futIle act. 12-C: OUTPATIENT SURGICAL FACILITY/1508 ARIZONA AVENUE: Presented was a staff report transmIttIng an appeal of the Planning CommISSIon deCISIon to deny Development ReVIew PermIt No. 275, Zoning Administrator Case No. 4828-Y, to permIt removal of three vacant reSIdentIal bUIldings and constructIon of an outpatient surgIcal medical faCilIty, 1508 Arizona Avenue, AppllC anti Appellant Jerrold Martin Sherman, M. D. ; and recommendIng granting of the appeal, and approval of the proJect and dIrectIon to staff to prepare approprIate fIndings and condItions for adoptIon. DISCUSSIon was held. Councilmember Epstein moved to grant the appllcant fIve mInutes to present the appeal, hear from proponents for ten mInutes, hear from the o pponen t for fIve mInutes, and allow a three mInute rebuttal perIod to hear from the applIcant/appellant. The motion was duly seconded and approved by unanImous vote. ChrIstopher HardIng, attorney for the applicant/appellant, descrIbed the changes that have occurred In the design and scope of the project and spoke in support of approval. DISCUSSIon was held. Members of the publIC Donald LeWIn Nelson, Dr. Mark Wallen, Dr. Charles Keenan, Dr. MIlton Krlssloff, Dr. Arnold SeIel and Dr. Wayne WInter spoke In support of the proJect. L. Labella spoke In support of Santa MonIca HospItal's plans to prOVIde a slmIlar service and deferral of the proposal untIl the Master Plan process IS completed. DIScusslon was held. ApplIcant/Appellant Dr. Jerrold MartIn Sherman responded to questions from the Council. DIScussion was held. Councllmember Zane moved to approve the staff recommendatIon, thereby gran ting the appeal, approv Ing the project and directing staff to prepare approprIate findings and conditIons for subsequent CounCIl approval. Second by Councilmember EpsteIn. DISCUSSIon was held. The motIon was approved by the following vote: CounCIl Vote: Unanimously approved 5-0 Absent: Councllmembers Edwards and Katz 14-A: OIL DRILLING: Presented was the request of Councllmember Epstein to discuss a grant to "No Oil, Inc.," for support of lItIgatIon agaInst 011 drlllIng near the coastlIne. Caunc Ilmember Ep stein in traduced d ISCUSS ion. Counc Ilmember EpsteIn moved to authorIze the Ci ty Attorney to negotiate the terms of a grant in the amount of $2,500 to No 011, Inc., solely for support of lItIgation agaInst coastlIne oil drIlling and to authorIze the CIty Attorney as approprIate, gIven staffing levels 10 February 19, 1985 I I I I 77 and the legal Issues, to file an amICUS brIef In the environmental litIgatIon regardIng OccIdential Petroleum Corporation. Second by Councllmember Conn. Dur Ing dISCUSSIon, and wIth the consent of the second, Councllmember EpsteIn amended the motIon to Include the Cl ty Attorney's suggestIon to dIrect the CIty Attorney to prepare a resolution wIth appropriate fIndIngs JustifYIng why thIS would be a legItimate public expenditure. The motIon was approved by unanImous vote. 14-B: OCCUPANCY OF VEHICLES IN RESIDENTIAL NEIGHBORHOODS: ContInued to February 26; 1985; 14-C: SERVICE STATION PUMPS: Presented was the request of Councllmember Conn to dISCUSS InstructIon to the PlannIng Department staff regardIng service station pumps close to the sidewalk. Councllmember Conn Introduced dISCUSSIon. CouncIlmember Conn moved to direct staff to be cognizant of the problem of parking on sidewalks whIle fuelIng theIr automobIles at serVIce statIon pumps In their development of crIteria for the upgradIng of serVIce stations and new serVIce stations In order to aVOId this problem. Second by Mayor Reed. Councllmember Conn Included In the motIon Mayor Reed's suggestion to dIrect staff to determIne whether the Police Department can watch for this type of actIvity. The motIon was approved by unanImous vote. CONFLICT OF INTEREST CODE: ContInued to February 26, 14-0: 1985. 14-E: PROPOSED RENT CONTROL LEGISLATION (AB 483): earlier In the meetIng. ConSIdered 11-F: CLOSED SESSION: Presented was a request for Closed Session for the purpose of conSIderIng personnel matters and threatened 11 tig atlon, pend 109 lItigation and 11 tIgatIon to be commenced by the Cl ty. At 12: 04 A. M., Councllmember Epstein moved to adjourn to Closed SeSSIon to consider the follOWIng pendIng cases: Edelstein vs. CIty of Santa MonIca, Santa MonIca SuperIor Court Case No. WEC 84929; AgUIlar vs. Cl ty of Santa Monica, Santa MonIca Superior Court Case No. WEC 74275; Tedd Baron vs. City of Santa MonIca, Santa MonIca Superior Court Case No. WEe 78168; Floyet vs. CI ty of Santa Monica, Santa Monica SuperIor Court Case No. WEC 86057; Neville vs. CIty of Santa MonIca, ClaIm No. CSM 84-217; Shell all Company vs. CIty of Santa MonIca, Unl ted States DIstrIct Court Case No. CV 82 2362 RJK (Gx); GOldway vs. Cl ty of Santa MonIca, Los Angeles SuperIor Court Case No. C 487521 j CalifornIa AVIatIon vs. CIty of Santa MonIca, UnIted States DistrIct Court Case No. CV 84-6985 (CMB) (Bx); and Laughlin, et a1. vs. City of Santa MonIca, et a1., Santa MonIca SuperIor Court Case No. WEC 073105. Second by Counc ilmember Conn. The motion wa s approved by unanimous vote. Council reconvened at 12:40 A.M., WIth all members present as at the roll call. 1 1 February 19, 1985 78 Mayor Pro Tempore JennIngs moved to amend the settlement in the case of Floyet vs. CIty in the amount of $12,500. Second by Councilmember Conn. The motion was approved by the followIng vote: CouncIl Vote: UnanImously approved 5-0 Absent: Councllmembers Edwards and Katz CouncIlmember Epstein moved to approve settlement In the case of Baron vs. City In the amount of $32,500. Second by Councilmember Conn. The motIon was approved by the followIng vote: Council Vote: UnanImously approved 5-0 Absent: Councilmembers Edwards and Katz Councllmember Conn moved to approve the settlement agreement In the case of LaughlIn, et al. vs CIty et al., by award of Contract No. 4415(CCS). Second by Mayor Reed. The motIon was approved by the followIng vote: CouncIl Vote: Unanimously approved 5-0 Absent: Councllmember Edwards and Katz ADJOURNMENT: At 12:44 A.M., ~o~ncilmember Conn moved to adJourn in memory of Flora Osterhold Swetland, Ada P. Fogel and Aron Powers, father of ASslstant City Manager Lynne C. Barrette. Second by Mayor Reed. The motlon was approved by unanlmous vote. ATTEST: APPROVED: f1 J ~ ~ ~ r /2~ a fL ~lstine E. Reed Mayor a-. ~-,_ ., .>.--"\ , i J ~ () A I; '"}', -\L I _I' ~ _< Ann M. Shore Clty Clerk 12 February 19, 1985 I I