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M-12/11/1984 18 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 11, 1984 A meetlng of the Santa Monica Clty Councll was called to order by Mayor Reed at 7:34 P.M., on Tuesday, December 11, 1984, ln the Councll Chambers. Councllmember Katz led the assemblage 1n the pledge of alleglance to the Unlted States of Amerlca. Father Fred Fenton, St. Augustlne-By-the-Sea Episcopal Church, offered the lnvocatlon. Roll Call: Present: Mayor Chrlstlne E. Reed Mayor Pro Tempore Wlll1am H. Jennlngs Councilmember James P. Conn Councilmember Ken Edwards Councilmember DaVld G. Epstein Councilmember Herbert Katz Councllmember Dennls Zane City Manager John Jallll Clty Attorney Robert M. Myers Clty Clerk Ann M. Shore Councllmember Conn moved to add Items PA-1, 6-K, 6-L, 8-A, 8-D, 9-A, 14-E, 14-F and 14-G to the agenda. Second by Councllmember Epsteln. The motlon was approved by a vote of SlX in favor, one opposed. 4-A: EMPLOYEE SERVICE PINS: Mayor Reed presented employee serVlce pins to Jody Campbell, Transcrlber TYPlst, Pollce Department, and Kay Watanabe, Clty Treasurer, for 25 years of servlce, and to Robert Huff, Custodlal Supervisor, Recreatlon and Parks Department, for 30 years of servlce, and expressed appreclatlon. 4-B: BOARD AND COMMISSION VACANCIES: that applicatlons are invl ted to flll Servlces Cornmlss1on. The Clty Clerk announced a vacancy on the Social At 7:42 P.M., Councllmember Katz moved to recess the Clty Councll meetlng to hold Redevelopment Agency and Parklng Authority meetlngs. Second by Counc1lrnernber Epsteln. The motlon was approved by unanlmous vote. REDEVELOPMENT AGENCY SPECIAL MEETING A speclal meetlng of the Redevelopment Agency was called to order at 7:43 P.M., by Chalrperson Reed. Roll Call: Present: Chalrperson Chrlstine E. Reed Chalrperson Pro Tempore Wllllam H. Jennlngs Agency Member James P. Conn December 11, 1984 I I I I 19 Agency Member Ken Edwards Agency Member David G. EpsteIn Agency Member Herbert Katz Agency Member Dennis Zane Executive Director John JalIli Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore RA-1: ANNUAL REPORT: Presented was a staff report recommending adoptIon of the 1983-84 Annual Report of the Redevelopment Agency and directIon to the ExecutIve Director to submIt the report to the California HousIng and Community Development Department. DiscussIon was held. Agency Member JennIngs moved to accept the 1983-84 Annual Report of the Redevelopment Agency and dIrect the ExecutIve DIrector to submlt thIS report to the CalifornIa Hous Ing and Communi ty Development Department. Second by Agency Member Conn. DI scuss Ion was held. The motion wa s approved by the following vote: Agency Vote: Unanimously approved 7-0 RA-2: CITY-WIDE HOUSING ACQUISITION AND REHABILITATION PROGRAM: Presented was a staff report recommending approval of use of CIty-wIde HousIng AcqUisitIon and RehabilitatIon Program funds for the 1843-45 Seventeenth Street ProJect. DIScussIon was held. Agency Member Epstein moved to approve the staff recommendatIon thereby approving the use of CI ty-wlde Housing Acquisition and RehabilItation Program Funds for the 1843-45 Seventeenth Street Project and authorIzing the ExecutIve DIrector to release funds, upon satisfaction of all program requIrements, not to exceed $20,000. Second by Agency Member Katz. DIScussIon was held. The motion was approved by the following vote: Agency Vote: Unanimously approved 7-0 RA-3: AFFORDABLE HOUSING PROPERTIES: Presented was a staff report (as revised) recommendIng that the Executive Director be authorIzed to negotIate and execute an assignment of the Purchase Agreements to acquIre propertIes at 6th Street and Ashland Avenue and 3005 HIghland Avenue for use as affordable housIng in the Ocean Park Redevelopment ProJect. At 7:55 P.M. Agency Member Edwards departed the dais due to a reported conflIct of interest. DiscussIon was held. Agency Member EpsteIn moved to hear from members of the publiC for three mInutes each. Second by Agency Member Jennings. The motion was approved by a vote of four In favor, Agency Member Conn opposed, Agency Member Edwards absent. The followlng members of the publIC spoke in favor of the proJect: Sheldon Krongaus, MIchael Hlll, Gary SquIer. The followIng persons spoke to request that park and/or open space be pI anned In the prOJ ect: Frances Sml th, Dav Id FreIdman, Than e Roberts. The following persons spoke In OpposItIon to the proposal: Joy Cole, Ralph August. Agency Member Epsteln moved, for dlScUSSlon purposes, to approve the staff recommendation, as revIsed, thereby authorlzlng the Executlve DIrector to negotlate and execute an assIgnment of the Purchase Agreements to purchase 2 December 11, 1984 20 the properties at 3005 HIghland Avenue and 6th Street and Ashland Avenue, delaYIng development of the Ashland parcel for thirty days to gIve the neIghborhood the opportun i ty to come forward wIth funds for the acqUISItIon. Second by ChaIrperson Pro Tempore JennIngs. DISCUSSIon was held. Agency Member Conn moved a SUbstl tute motIon to approve the rev Ised staff recommendatIon I amended in regard to the Ashland lot so that staff be dIrected to come back In thirty days WIth some Indlcat10n of whether or not there is partial fund ing for parkl and on that SIte, el ther from the Ci ty I S budget or from the pr IV ate sector. Second by Agency Hember Zane for pur poses of discuss ion. Di scuss 10n wa s held. The substitute mot1on faIled by the follOWIng vote: Agency Vote: AffIrmatIve: Agency Members Conn and Zane NegatIve: Agency Members EpsteIn, JennIngs, Katz and ChaIrperson Reed Absent: Agency Member Edwards Di scus s ion was held. WI th the con sen t of the second, Agency Member Epste1n added to the motIon a request to staff that 1n reporting back to Counc11 and In developing RFP's (Requests for Proposals), the staff propose appropriate ways to address the issue of publIC space on the Ashland slte, and that 1t be des1gned WIth publ1C space If feas1ble. The motIon and ItS additIon were approved by the follOWIng vote: Agency Vote: AffIrmative: Agency Members EpsteIn, Jennings, Katz, Zane and ChaIrperson Reed Negat1ve: Agency Member Conn Absent: Agency Member Edwards Agency Member Conn requested the record reflect that hIS negat1ve vote IS not due to Oppos1t10n to low cost housing, but due to the way the mot1on flIes in the face of a four-year struggle by the ne1ghbors, theIr r1ght to have a strong VOIce 1n the development of this p1ece of property, and because thIS 1S a pass1ve process rather than an actIve process for the neIghbors; the C1ty should be on the side of the ne1ghbors as advocates In th1S process. ADJOURNMENT: At 8:43 P.M., Agency Member Epstein moved to adjourn the Redevelopment Agency Meet1ng. Second by Member Katz. The motion was approved by unanimous vote. Councilmember Edwards returned to the daIS at 8:43 P.M. I PARKING AUTHORITY MEETING: At 8:44 P.M., Chalrperson Reed called to order a speCIal meetIng of the Parking AuthorIty. Roll Call: Present: Cha1rperson ChrIstIne E. Reed ChaIrperson Pro Tempore Wll11am H. JennIngs 3 December 11, 1984 I I 21 Authority Member James P. Conn AuthorIty Member Ken Edwards AuthorIty Member DaVId G. EpsteIn AuthorIty Member Herbert Katz AuthorIty Member Dennis Zane ExecutIve Secretary John Jallll AuthorIty Attorney Robert M. Myers CIty Clerk Ann M. Shore PA-1: PARKING STRUCTURES: Presented was a staff report recommendIng approval of an approprIatIon of $119,000 for Improvements to ParkIng Structure Number 2 at 1431 Second Street and dIrection to staff to test placement of a parkIng structure operator. AuthorIty t-1ember EpsteIn moved to approve the staff recommendatIon thereby approving an approprIatIon of $119,000 from ParkIng Authority Fund 177 to Account Number 77-770-610-000-904 to fInance addItional physical Improvements to ParkIng Structure Number 2; and directIng staff to pursue placing a parking structure operator in Structure Number 2 for a period of fIve months as a test of this concept; if so dIrected, staff WIll return to the Authority with a detailed proposal for approval. Second by Authority Member Edwards. DiscussIon was held. AuthorIty Member JennIngs moved an amendment that it be stated In the RFP's (Requests for Proposals) or any other changes made that there will be three hours of free parkIng. WI th the consent of the second, the amendment was conSIdered frIendly and accepted Into the main motIon. DurIng dISCUSSIon, and there beIng no objection, ChaIrperson Reed read the motIon, as amended, to approve the staff recommendation and to IndIcate In the RFP's that In operating Parking Structure Number 2 we WIll seek Information about both a two- and three-hour free parkIng time perIod. The motion was approved by the following vote: Agency Vote: Unanimously approved 7-0 ADJOURNMENT: Agency Member Epstein moved to adJourn the ParkIng AuthorIty meetIng at 8:56 P.M. The motIon was approved by unanImous vote. 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 WI th the exceptions of 6-D, 6-H, and 6-I, read Ing resolutions and ordInanc es by tl tIes only and wa 1 v Ing further read Ing thereo f . Second by Counc Ilmember Epste In. The motIon was approved by the followIng vote: CouncIl Vote: UnanImously approved 7-0 6-A: MIN UTES: approved. The mInutes of September 18 and 25, 1984, were 4 December 11, 1984 22 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6951(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: SIDEWALKS, DRIVEWAYS AND CURBS (SR-85-59): Resolutlon No. 6952 (CCS) en tl tl ed: "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-85-59)," was adopted setting a public hearlng for January 8, 1985. 6-E: INTERIM DEVELOPMENT PROCEDURES: Ord lnance No. 1321 (eeS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT PROCEDURES PENDING I MPLEMENT A TION OF GENERAL PLAN AMENDMENTS, 11 lntroduced December 4, 1984, was adopted. 6-F: COLLECTION OF REFUSE: Ord lnance No. 1322 (CCS) en ti tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 5227C OF THE SANTA MONICA MUNICIPAL CODE RELATING TO POINTS OF COLLECTION OF REFUSE," lntroduced December 4, 1984, was adopted. 6-G: SPEED LIMIT ON MAIN STREET: A recommendatlon was approved to instruct the Cl ty Attorney to prepare an ordlnance establlshlng the speed limit on Maln Street south of Ocean Park Boulevard at 3D mph. 6-J: APPLICATION FOR HOME-DELIVERED FROZEN MEAL PROGRAM: A recommendatlon was approved to make appllcatlon to amend Contract No. 4218 (CCS) Wl th the Los Angeles County Ar ea Agency on Ag lng for the addl tion of a home-de11vered frozen meal program for senlor cltizens, authorlzlng the bld process for addltlonal meal serVlces from February through June 1985, and necessary budget changes should the grant amendment be approved. 6-K: MAIN STREET PARKING AND IMPROVEMENT AREA: Resolution No. 6954 (CCS) en ti tl ed: If A RESOLUT tON OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO AMEND ORDINANCE NUMBER 13D3(CCS) TO INCLUDE ADDITIONAL BUSINESSES SUBJECT TO THE MAIN STREET PARKING AND BUSINESS IMPROVEMENT AREA AND SETTING THE TIME AND PLACE OF HEARING TO CONSIDER SUCH AMENDMENT," settlng a publlC hearing for January 22, 1985. 6-L: DUMP TRUCK FOR WATER DIVISION: to Internatlonal Harvester In the purchase a dump truck for use by the of lncreased appropriatlon authorlty. Bld No. 1979 was awarded amount of $47,284.61 to Water Dlvlslon and approval END OF CONSENT CALENDAR 6-D: GUTTER/STREET REPAIR: Presented was a staff report transmlttlng a resolutlon setting a publlc hearlng for January 8, 1985, to conflrm gutter constructlon and street resurfacing assessments on Colorado between 9th and 14th Street, Michlgan 5 December 11, 1984 I I I I 23 between Cloverfleld and the easterly deadend, MarIne between LIncoln and 150 feet west of LIncoln, PIer between Lincoln and 160 feet west of LIncoln; corrected to remove the sectIon "PIer between Second and NIelson Way" WhICh was deleted at the prevIous meeting. Councllmember Conn moved to adopt ResolutIon No. 6953 (CCS) en tl tIed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A DATE TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR GUTTER INSTALLATION AND STREET RESURFACING ON COLORADO BETWEEN 9TH AND 14TH STREETS, MICHIGAN BETWEEN CLOVERFIELD AND THE EASTERLY, MARINE BETWEEN LINCOLN AND 150 FEET WEST OF LINCOLN, PIER BETWEEN SECOND AND NEILSON WAY, AND PIER BETWEEN LINCOLN AND 160 FEET WEST OF LINCOLN," reading by tItle only and waiving further readIng thereof, amended by deletlon of "Pier between Second and NeIlson Way." Second by Councllmember EpsteIn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-H: RUNNING RACE PROCEDURES: Presented was a staff report transml ttlng a resolution establlshing procedures and crIterIa for conductIng runnIng races. Councilmember Conn moved to refer the matter to staff to Include clearer and simpler policy language WhICh establIshes standard race courses wIthIn the CIty based on preVlous courses used. Second by Councllmember EpsteIn. DI scus sian was held. The motIon was approved by the folloWl ng vote: CounCIl Vote: Unanlmously approved 7-0 6-1: ANNUAL FINANCIAL REPORT FOR 1983-84 FISCAL YEAR: Presented wa s a staff report recommend lng that the Cl ty' s Comprehensl v e Annual FlnancIal Report for FIscal Year 1983-84 be receIved and flIed. Councllmember EpsteIn moved to lImit audience partlc 1 pat ion to three mInutes. Second by Counc llmember Ka tz. The motIon faIled by a VOIce vote. Dl SCUSSlon wa s held. P. B. Worthman, MunicIpal employees representatIve, spoke to request that a portion of the City's reserves be used to lncrease certaIn employee's salarIes. Councllmember Epsteln moved to accept the Annual FInancial Report as presented, Second by Councilmember Katz. The motlon was approved by the folloWIng vote: CounCIl Vote: UnanImously approved 7-0 a-A: INTERIM DEVELOPMENT PERMIT APPEAL PROCEDURE: Presented was a report transml ttIng an ordInance for introductIon and fIrst readlng amendIng the InterIm Development Permit ordInance by add Ing an appeal procedure. 01 SCUSSlon wa S held. Mayor Reed opened the public hearIng at 9: 25 P. M. Vince Muselll spoke to clarIfy the appeal process. DIScussIon was held. The publIC hear lng was declared closed at 9: 44 P. M. Counc Ilmember Conn moved to dIrect staff to prepare an appeal procedure ordInance along the lInes of the Coastal CommISSIon appeal process. Second by Councilmember Katz. DIScussIon was held. CouncIlmember JennIngs moved a sUbstl tute motIon to introduce an ordInance entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA 6 Dee ember 11, 1984 24 MONICA AMENDING ORDINANCE NUMBER 1321 (CCS) TO ESTABLISH AN APPEAL PROCEDURE," read ing by tI tl e only and waiving further readIng thereof. Second by Councilmember Edwards. DIScuss~on wa s held. The subStI tute motIon \..[a s approved by the following vote: CouncIl Vote: AffIrmatIve: Councllmembers Edwards, Jennnings, I Zane and Mayor Reed NegatIve: Counc~lmembers Conn, Epste~n and Katz Councilmember EpsteIn requested the record to reflect he voted agaInst the motIon to allow staff to look Into CouncIlmembers's Conn's orIgInal motIon. Councllmember EpsteIn moved, in view of the long agenda, that they not wa~ ve the rules to allow publIC partIcIpation on any "14" (CouncIl Item) on the agenda this evenIng. Second by Councllmember Edwards. The mot~on was approved by the followIng vote: CouncIl Vote: AffIrmatIve: Counc ilmember s Edwards, EpsteIn, Katz, Jennings and Mayor Reed NegatIve: CouncIlmembers Conn and Zane Councilmember Zane requested the record to reflect It is hardly an abuse of the process to allow ten mInutes for publIC comment. 8-B: PREFERENTIAL PARKING ZONE D: Presented was a staff report transmittIng an ord1nance for introduct1on and fIrst readIng establIshIng PreferentIal ParkIng Zone D on Stanford Street beteen WIlsh1re Boulevard and LIpton Avenue. Counc~lmember Epstein moved to llmlt publ1C speakers to three minutes each. Second by Councllmember Conn. The motIon was approved by a VOIce vote of f1 veto two, Councilmember s Edward sand Zane opposed. D~scussion was held. The publIC hear1ng was opened at 10:02 P.M. The followIng per sons spoke 1n favor of the ord ~nance: Wi 11 ~am BertIe, Ben Adams, MImI Schroeder, Charles Fryer, Pat Burke, John BodkIn and Terry Scharton. There being no one else w1shing to speak to the matter, Counc1lmember EpsteIn moved to close the pUblIC hearIng at 10:15 P.M. Second by Councllmember Conn. The motIon was approved by unanImous vote. Councllmember Edwards moved to Introduce an ordInance enti tIed: "AN ORDINANCE OF THE I CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238d TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE D," read1ng by t1tle only and waIvIng further readIng thereof. Second by CouncIlmember EpsteIn. D1Scuss~on was held. The motIon was approved by the follow1ng vote: CouncIl Vote: UnanImously approved 7-0 8-C: CABLE TELEVISION USERS TAX: Presented was a staff report transmitting an ordInance for 1ntroduction and f1rst reading amendIng the Mun1cIpal Code relating to the Cable TelevIsIon 7 December 11, 198-4 I I 25 Utllity Users Tax. The publlc hearlng was declared open at 10:20 P.M. There belng no one wlshlng to speak to the matter, Counc llmember Conn moved to close the publlc hear lng at 10: 20 P.M. Second by Councllmember Epsteln. The motlon was approved by unanimous vote. Councllmember Conn moved to lntroduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6623A OF THE SANTA MONICA MUNICIPAL CODE RELATING TO CABLE TELEVISION UTILITY USERS TAX," reading by title only and waiving further reading thereof. Second by Mayor Reed. The motIon was approved by the following vote: Council Vote: Afflrmatlve: Councllmembers Conn, Edwards, Jennlngs, Katz, and Mayor Reed NegatIve: Councllmember EpsteIn Absent: Councllmember Zane 8-0: UNDERGROUND STORAGE TANK ORDINANCE: Presented was a staff report transmitting an emergency ordinance for Introduction and apdoptlon amending Underground Storage Tank ordinance. The publlc hearIng was declared open at 10:24 P.M. There being no one wlshing to speak, Counc ilmember EpsteIn moved to close the publlc hearing at 10:25 P.M. Second by Councllmember Conn. The motion was approved by un an lmous vote. Counc ilmember J enn lngs moved to adopt emergency Ord lnance No. 1323 (CCS) enti tIed: fI AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE RELATING TO UNDERGROUND STORAGE TANKS AND DECLARING THE PRESENCE OF AN EMERGENCY J" reading by tI tIe only and waiving further reading thereof. Second by Councllmember EpsteIn. The motIon was approved by the following vote: Council Vote: Unanimously approved 7-0 DISCUSSIon was held. Councllmember JennIngs moved to request the Mayor to send a letter to the State Water Quallty Control Board requestIng them to notify us in advance and all other citIes that have been grandfathered out of the State legislatIon whenever there are any future changes in advance so that we can make the appropr la te changes In our ordinances. Second by Counc Ilmember EpsteIn. The motion was approved by unanimous vote. 9-A: EMPLOYEE MEMORANDA OF UNDERSTANDING (MEA AND STA) : Considered during Closed Session (Item 11-E) at end of meeting. A recess was held at 10:26 P.M. reconvened wIth all members present. At 10:39 P.M. Council 11-B: WILSHIRE-MONTANA NEIGHBORS ASOCIATION: Councllmember Edwards moved to contInue thIS matter to January 8, 1985. Second by Councllmember Zane. The motion was approved by a vote of SlX In favor, Councilmember Conn opposed. 8 December 11, 1984 26 1 O-A : LATINO AFF AI RS ADVI SORY COMMITTEE REPORT: Pr esen ted wa s the FInal Report of the Ad VI sory Commi t tee on LatIno Affairs. Francisco Franco and Jesus Arguelles presented the report, Including goals and recommendations, on behalf of the Task Force on LatIno AffaIrs. DISCUSSIon was held. By consensus, the report was receIved into the record and commendatIons expressed to the Task Force members. 11-A: THI RD STREET DEVELOPMENT CORPORATION: Presented was a recommendatIon to approve a Code of Ethics for the ThIrd Street Development Corporation. At 11:04 P.M. Councilmember EpsteIn moved to extend the meetIng after 11:00 P.M. Second by Counc ilmember Conn. The motIon was approved by unan imous vote. CorporatIon Board Member Tom Carroll and Dr. Joe Mont spoke in support of the Code. DISCUSSIon was held. Mayor Reed moved to approve the Code of EthICS WhiCh provides standards and gUIdance to the directors, officers and employees of the Third Street Development Corporation wi th the follOWIng changes: the definItIon of gIft and amount of gIft be the same as that portIon of the State law with WhICh the Planning CommISSIoners and CIty Councllmembers need to comply; the real property reportIng reqUIrement include the sphere of Influence gOIng to the midlIne of Second Street and Fourth Street, including the cross streets, and from Colorado Avenue to WIlshIre Boulevard mIdlIne. Second by Councllmember Edwards. The motIon was approved by a VOIce vote of SIX In favor, Councilmember EpsteIn abstaInIng. 11-B: ConSIdered before Item 10-A. 11-C: UNDERGROUND TANK REGULATIONS: staff. Withdrawn at request of I 11-D: SMOKING ORDINANCE: Presented was a staff report prOVIdIng InformatIon on recently adopted smokIng ordinances In varIOUS California cIties. DISCUSSIon was held. The following members of the public spoke In favor of antI-smokIng legislatIon: Stanley RubIn, Irene Peterson, Mary Sandberg, Donald LeWIn Nelson and Wal t Bllofsky. Councllmember EpsteIn moved to dIrect the CIty Attorney to prepare a non-smokIng ordInance contaInIng prov ISlons referenced in hIS memorandum dated December 6, 1984, prOhIbItIng smokIng in (among other places) theatres, elevators, hospItals, work places of more than 5 employees; prOVIding that the fIrst offense be an Infraction rather than a mIsdemeanor; and other provIsions. Second by Councllmember Edwards. DISCUSSIon was held. Councllmember Katz moved a substItute motIon that the I proposed ordinance go forward WIthout the prohibItIon on smOking in work places. Second by Mayor Reed for discussion purposes. DiSCUSSIon was held. The substitute motIon faIled by the follOWIng vote: Council Vote: AffIrmative: Councllmember Katz and Mayor Reed Negative: Councllmembers Conn, Edwards, EpsteIn, Jennings and Zane 9 December 11, 1984 I I 27 Di scus s ion was held. Mayor He ed read again the motIon on the floor WhICh was to request an ordInance be drafted as presented by Councllmember Epstein prohIbIting smokIng in public restrooms, elevators, hOspItals as specified, retail food stores, pharmac ies, mu seums , 11brar i es and galler les, and wo rk pI aces, including an optIon for delaYIng the effectIve date. The motIon was approved by the followIng vote: CouncIl Vote: Unanimously approved 7-0 Mayor Reed moved to start the non-smokIng procedure for the CIty, as employer, puttIng into place the work place reqUIrements outlIned In the Los Angeles CIty ordInance In Santa MonIca City'S own work force, requesting staff to report as to the reqUIrements that WIll need to be met wlth regard to employee group meet and confer and other relevant Issues before thIS can be lnstl tuted InSIde the CI ty employment. Second by Councllmember Conn. The motIon was approved by the follOWing vote: Council Vote: AffirmatIve: Councllmembers Conn, Epstein, JennIngs, Katz, Zane and Mayor Reed Negative: Councllmember Edwards 12-A: DEVELOPMENT PROPOSED AT 1535-18TH STREET: Presented was a sta ff report presenting an appe al from the PlannIng Comml SSlon denial of an applicatIon to develop an eight-unit apartment bUIlding at 1535-18th Street ln the R2 DIstrict, Yousef Yousefzedeh, applicant/appellant. Darioush Rahlmlan, represent ing the appl ic an t/ appellant, spoke In support 0 f the proposal. Councllmember Epstein moved to affIrm the deCISIon of the PlannIng CommISSIon on the basis that the Commission acted properly and reasonably In making Its determinatIon, therefore denYIng the applIcatIon to develop an eIght-unIt apartment bUIld ing at 1535 - 18th Street. Second by Counc Ilmember Ka tz. DurIng dIScussion, at 11 :55 P.M. Councilmember Conn moved to extend the meetIng to 1:00 A.M. The motIon was duly seconded and approved by a vote of SIX In favor, Councllmember Zane opposed. DIScussion was held. The motIon to deny the appeal was approved by the follOWIng vote: CounCIl Vote: UnanImously approved 7-0 13-A: POLITICAL SIGNS: Presented was the request of Craig MIchael Tappa to address CounCIl regarding polItIcal SIgns remaInIng In the CIty after electIons. There being no one present to speak In regard to the matter, Councilmember EpsteIn moved to receive and fIle the communIcatIon. The motIon was duly seconded, and there belng no obj ection, the motIon was approved by unanImous vote. 14-A: METROPOLITAN COOPERATIVE LIBRARY SYSTEM: Presented wa s the matter of appointment of members to the AdVIsory Board of the Metropol i tan CooperatIve LIbrary System. Nomi natIons were declared open for the Delegate member. Councilmember Epstein nominated Sue Alexopoulos. Councllmember Conn nomInated Francia 10 December 11, 1984 28 Lee Bally. There being no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Sue Alexopoulos: Councllmembers Edwards, Epstein, Jennings and Katz FranCia Lee Baily: Councllmembers Conn, Zane and Mayor Reed I Therefore, Sue Alexopoulos was appointed as a Delegate member to the Advisory Board of the MetropolItan Cooperative Library System for a term endIng December 31, 1986. Nominations were declared open for the Alternate member. Mayor Reed moved that FranCIa Lee Bally be appoInted to the AdvIsory Board of the MetropolItan CooperatIve LIbrary System by acclamatIon. Second by Councllmember Epstein. The motion was approved by the follOWing vote: Council Vote: Unanimously approved 7-0 Therefore, FranCIa Lee Bally was apPOInted as an Alternate member to the Ad v isory Board of the Me tropol i tan Cooperative LIbrary System for a term ending December 31, 1986. 14-B: HOUSING COMMISSION: Presented was the matter of the appOintment of a SectIon 8 Housing member to the HOUSIng CommISSIon. NominatIons were declared open. Councllmember EpsteIn moved that Joyce Budzeleskl be apPOInted to the HOUSIng Commission by acclamatIon. Second by Councilmember Katz. Councilmember Zane moved to waive the regulations to permit late nomInations. The motIon failed for lack of a second. The motion to appOInt Ms. Budzeleskl was approved by the follOWIng vote: CounCIl Vote: AffirmatIve: Councllmembers Conn, EpsteIn, JennIngs, Katz Reed Edwards, and Hayor NegatIve: Councllmember Zane Therefore, Joyce Budzeleski wa s appointed to the HOUSIng CommIssion for a term endIng June 30, 1987. 14-C: HOMELESS PEOPLE: Presented was the request of CouncIlmemher Epstein to discuss measures regarding homeless people. Councllmember EpsteIn Introduced diSCUSSIon in regard to I hIS memorandum dated December 3, 1984 t enti tIed "Homeless Proposals for 12-11-84." Counc llmember EpsteIn moved the fIrst sectIon of hIS memorandum haVIng to do WIth legIslative and lobbYing actIon, thereby directing the CI ty Attorney to prepare In resolutIon form the legislatIve proposals In the report entItled "Report to the CIty CounCIl of the CIty of Santa Monica on the Homeless In Santa Monica by Robert M. Myers, City At torney," dated December 1984; ind lcatlng that these proposal s are to be a prIority for the CIty lobbYIst; and authorIZIng the Mayor and/or designate to meet with the County and other entIties to attempt to secure additIonal aSSIstance WIth the homeless 1 1 December 11, 1984 I I 29 problem, particularly addressing the Issues of shelter assistance and men tal heal th treatment programs. Second by Councilmember Zane. Mayor Reed appointed Councilmember EpsteIn as the Mayor's deSIgnate. DurIng discuSSIon and WIth the consent of the second, CouncIlmember EpsteIn Included In the motIon Councilmember Edwards' suggestion that the Ci ty should maIntaIn contact and work cooperatively WIth state legislators to monItor legIslatIon and continue to follow through on the request to the Governor and other state agenCIes to modify the Lanterman-Petrls-Short Act. Councllmember Conn moved an amendment to consider co~mencing lItIgatIon agaInst the County wi th respect to Its faIlure to prOVIde treatment to gravely disabled IndIVIduals in the communIty. Second by Mayor Edwards. DISCUSSIon was held. The CIty Attorney offered that the amendment dIrect the City Attorney to prepare a legal research memorandum that could be used for purposes of assistIng In lobbYIng and, In the event lobbYIng IS unsuccessful, then It would also analyze the legal issues involved In any potential lItIgatIon. The wordIng offered by the Cl ty At torney was accepted by Councilmembers Conn and Edwards, maker and second of the amendment; accepted as frIendly by Councllmembers EpsteIn and Zane, maker and second of the maIn motIon; and therefore Incorporated Into the maIn motIon. The motion was approved by unanImous vote. Councilmember EpsteIn moved a portIon of the second part of hIS memorandum relating to staff and communIty conSIderatIon, thereby directing staff to (a) report on the need for addItIonal police officers to be deSIgnated for walking and/or scooter beats In parks and pedestrIan areas; (b) evaluate the need for an approprIate means of InsurIng crISIS Intervention and assistance to the homeless populatIon as proposed by the CIty Attorney (In the aformentloned report dated December 1984) or In other appropr i ate form, and presen t optIons to the CouncIl, Inc 1 ud lng evaluatIon of the des i rablll ty of dIrect Cl ty staffIng or a contract approach; (c) authorIze necessary overtime to Increase patrol s 1n senSl tl ve areas such as parks and pedestr Ian areas; (d) dur lng the bud get process for the next fIscal year, and in the proposed grant speCIficatIons 1 to conSIder policy optIons related to the needs of the homeless and their impact on the communIty In consultaton with the usual bodies and WIth the WorkIng Group referred to later In this recommendatIon; consideratIons to Include pOSSIble mental health and SOCIal service programs to assist existIng homeless populatIons In Santa MonIca, publIC health contract programs, and day labor programs; and (e) report to the CounCIl regardIng InformatIon and/or research needed by the CI ty for further refInement of POlICY opt Ions in thi s fIeld. Second by Ma yor Pro Tempore Jenn Ings. Dur Ing dISCUS sIan, and wi th the consent of the second, Councllmember Epstein incorporated Into the motion Councilmember Edwards' suggestion to include addItional language In subsectIon (a) so it reads "...need for addItIonal police officers or alternative forms of patrol to be designated...". Councilmember Katz moved an amendment to dIrect the CIty Attorney to research and report on the pOSSIbilIty of an ordinance WhICh would prohibl t IndIVIduals lIVIng in automobIles In reSIdential neIghborhoods. Second by Mayor Reed. WI th the consent of the 12 December 11, 1984 30 second, Councilmember EpsteIn accepted the amendment as friendly, therefore IncorporatIng it Into the maIn motIon, and addIng that optIons to deal wi th the Issue also be consIdered. DIScussIon was held. The motion was approved by unanimous vote. Councllmember EpsteIn moved the portion of hIS memorandum which authorIzed the Clty Manager to create a Working Group on homeless persons at the earliest posslble date, the group to include r epresentatl ves of relIgIous commun i ti es, bUSln ess, soc ial servlce agenc les, law enforcement, and ord Inary CI tI zens; its mandate WIll Include: (a) the conduct of publIC workshops and hear Ings; (b) conslder atlon of the need s of the homeless; (c) examlnatlon of the impact of the homeless on parks, buslness, reSIdentIal zones, and publlC safety; Cd) propOSIng CIty portions on legIslative programs In the areas of mental health, housing, penal law, and other areas that may be requlred to aSSIst In thlS problem; and (e) conSIderatIon of measures the city, other governmen t agenc ies, and the pr 1 v ate and non-profi t sectors may take to Improve the lot of the homeless and to reduce the perceived and actual threat to publiC safety and the bUSIness clImate posed by the presence of thIS population; the CIty At torney and sta ff shall prov Ide appropr ia te lIaIson and asslstance to the group; the Mayor shall deSIgnate a Councll llalson to the group, and the SOCIal Services CommiSSIon shall appOInt a lIaIson to thIS group. Second by Councllmember Conn. DIScusslon was held. The motIon was approved by unanimous vote. Councllmember Epsteln moved to allocate $25,000 from the Contingency Fund for emergency feed Ing programs for destl tute persons to be Implemented as qUIckly as pOSSIble, staff to be empowered to allocate funds through agencies currently funded for these purposes. Second by Councllmember Katz. DISCUSS ion was held. The motIon was approved by the follOWIng vote: CounCIl Vote: Unanimously approved 7-0 Councllmember EpsteIn moved that a meetIng be scheduled for the conSIderation of the homel ess Issue and the requested I terns as well as the opportun 1 ty for a publlC hear ing. The motIon was duly seconded and unanImously approved. 14-D: PARKING PROBLEMS/VARIOUS STREETS: Presented was the request of Councilmember Conn to dISCUSS parkIng problems on side streets adjacent to Colorado Avenue and east of Lincoln Boulevard. Councilmember Conn Introduced dISCUSSIon. Councilmember Conn moved to direct staff to evaluate the present SItuatIon regarding cars parked on these streets and present optIons for allevlatlng parkIng problems and prOVIding more parkIng on streets adjacent to Colorado Avenue. Second by Councllmember Zane. There beIng no obJ ec t ion, the motIon wa s unanImously approved. 1 4-E: MALL Councilmember vandalism. Councllmember PARKING SECURITY: Presented was the request of Zane to dISCUSS Mall parkIng security agaInst CouncIlmember Zane Introduced dISCUSSIon. Zane moved to dIrect staff to Investlgate and 13 December 11, 1984 I I 31 report regard Ing the feas i bIll ty and effectiveness of Ma 11 secur I ty by use of surveIllance cameras. Second Pro Tempore JennIngs. DIScUSSIon was held. There obJectIon, the motIon was unanImously approved. Improving by Mayor beIng no I 14-F: VIRGINIA PARK RECREATIONAL BUILDING: Presented was the request of Mayor Reed to dISCUSS waIvIng the fee for use of the VIrginIa Park recreatIonal bUIldIng by the LatIno Resource OrganIzatIon on April 20, 1985. Mayor Reed moved to approve the request. Second by Councllmember Epstein. The motion was approved by the following vote: CounCIl Vote: UnanImously approved 7-0 14-G: MUNICIPAL EMPLOYEE ASSOCIATION: Presented was the request of Councllmember Zane to dISCUSS the request of varIOUS MunicIpal Employee ASSocIation representatIves to address CounCIl regardIng MEA negotIatIons. CouncIlmember Zane spoke In support of theIr request to speak. DIScussIon was held. 11-D AND 9-A: CLOSED SESSION; EMPLOYEE MEMORANDA OF UNDERSTANDING (MEA AND STA) : Presented was a request for Closed SeSSIon for the purpose of consIderIng personnel matters and threatened lItIgatIon, pend ing lItIgatIon and 11 tlgatlon to be commmenced by the CIty. At 12:50 A.M., Mayor Pro Tempore Jennings moved to adjourn to Closed SeSSIon and to extend the meetIng to 1: 30 A. M. The motIon was duly seconded and approved by unanImous vote. Counc il reconvened at 1: 26 A. M., WI th the folloWIng members present: CouncIlmembers Conn, Edwards, EpsteIn, Katz, Zane and Mayor Reed. CouncIlmember Conn moved to adopt ResolutIon No. 6955(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION REPRESENTING PROFESSIONAL, ADMINISTRATIVE, CLERICAL AND TECHNICAL EMPLOYEES (MEA) AND AUTHORIZING THE MAYOR TO EXECUTE AN APPL I CA TION FOR COVE RAGE UNDER SECTION 710.5 OF THE UNEMPLOYMENT INSURANCE CODE ON BEHALF OF MEA," readIng by tItle only and waiVing further reading thereof, amending Contract No. 3612(CCS). Second by Councllmember EpsteIn. The motion was approved by the follOWIng vote: Councll Vote: UnanImously approved 6-0 I Absent: Hayor Pro Tempore Jennings (Mayor Pro Tempore JennIngs entered the Chambers.) Councllmember Conn moved to adopt Resolutlon No. 6956(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY TEAM ASSOCIATES/MUNICIPAL EMPLOYEES ASSOCIATION (STA) AND AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR COVERAGE UNDER SECTION 710.5 OF THE UNEMPLOYEMENT INSURANCE CODE ON BEHALF OF STA," 1 4 December 11, 1984 32 reading by tltle only and walvlng further readlng thereof, amend lng Contrac t No. 3787 (CCS) . Second by Coune llmember Katz. The motion was approved by the followlng vote: Council Vote: Unanlmously approved 7-0 Councilmember Romero vs. Councllmember vote: Conn moved Ci ty In Epsteln. to approve settlement in the case of the amoun t 0 f $36,000. Second by The motlon was approved by the followlng Councll Vote: Afflrmatlve: Councllmembers Conn, Edwards, Jennings, Katz, Zane and Mayor Reed Abstaln: Councllmember Epsteln Councllmember Gillett vs. Councllmember v ate: Conn moved Cl ty In Epsteln. to approve settlement in the case of the amount of $18,000. Second by The motlon was approved by the following Council Vote: Unanimously approved 7-0 Councilmember Conn moved to approve settlement In the case of Barcohen 'Is. City, with an amendment to paragraph 6, that provldes in the event that constructlon 1S not dil1gently and contlnuously pursued, the build1ng perm1t shall automatically lapse. Second by Counc1lmember Epstein. The motlon was approved by the followlng vote: Councll Vote: Unanlmously approved 7-0 ADJOURNMENT: At 1: 29 A.M., Councllmember Conn moved to adJourn the meet1ng in memory of Laura Alcorn, Santa Monlca resident. The motlon was duly seconded and approved by the followlng vote: Council Vote: Unanimously approved 7-0 ATTEST: /! I ~ 71""xf-ii"" A ! )/J---vL ,;" /" I "" "~../'~ 1_ _ . I "- Ann M. Shore City Clerk APPROVED: ~1:,~ f.l?:-J( Mayor 15 December 11, 1984 I I