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M-4/8/1986 I I LfO.L CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 8, 1986 A meetIng of the Santa MonIca City Council was called to order by Mayor Reed at 7:35 p.m. Councllmember H. Katz led the assemblage in the pledge of allegIance to the Uni ted States of America. Reverend JIm Conn, Church in Ocean Park, offered the invocation. Roll Call: Present: Mayor ChrIstIne E. Reed Mayor Pro Tempore WIllIam H. JennIngs Councllmember James P. Conn Councllmember David G. Epstein Counncllmember Alan S. Katz Councllmember Herb Katz Councilmember DennIs Zane Centered after Roll Call) Also Present: City Manager John Jalill CIty Attorney Robert M. Myers AssIstant CIty Clerk Donna R. Betancourt Councllmember H. Katz moved to Second by Councllmember EpsteIn. approved. add Item 4-B The motIon to was the agenda. unanimously 4-A: TREE CITY USA AWARD: John Hagenmiller, SenIor Deputy Forester, Los Angeles County, commended the CIty of Santa Monica and 1 ts ci ti zen s for recel v ing Its fl fth annual Tree CI ty USA Award, sponsored by the National Arbor Day FoundatIon, and presented the Mayor with a lapel but ton, a paperweight, and a Tree CIty Flag. 4-B: EARTHQUAKE PREPAREDNESS proclamatIon deSIgnating AprIl Earthquake Preparedness Week. WEEK: Mayor 14th through Reed 19th, read 1986, a as CITY COUNCIL AND HOUSING AUTHORITY SPECIAL JOINT MEETING Roll Call: Present: Authority ChaIrperson Christine E. Reed AuthorIty Chalrperson Pro Tempore William H. JennIngs AuthorIty Member James P. Conn Authority Member Davld G. EpsteIn Authority Member Alan S. Katz Authority Member Herb Katz AuthorIty Member DennIS Zane Also Present: 1 Aprll 8, 1986 462 ExecutIve Director John Jallll AuthorIty Robert M. Myers AssIstant Clty Clerk Donna R. Betancourt CC/HA-l: SECTION 8 HOUSING: Presented was a staff report recommendIng adoption of resolutIons apprOVIng reVISIon of I Annual ContributIons Contracts for the Section 8 Housing Certificate and HousIng Voucher Programs and authorIZIng the Executive Secretary to execute a contract with the U.S. Department of Housing and Urban Development. DiscuSSIon was held. Member EpsteIn moved the adoptIon of ResolutIon No. 23(HAS) entItled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING SUPERSEDING PART AND NEW PART II OF SECTION 8 HOUSING CERTIFICATE PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-520 AND AUTHORIZING EXECUTION", readIng by tItle only and waIVIng further reading thereof. Second by Member Zane. The motion was approved by the follOWIng vote: Authority vote: Unanimously approved 7-0 Authorl ty Member Conn moved adoption of ResolutIon No. 24 (HAS) entItled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING SUPERSEDING PART I AND NEW PART II OF SECTION 8 HOUSING VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-520V AND AUTHORIZING EXECUTION"t readIng by tItle only and waiving further readIng thereof. Second by Member Epstein. The motIon was approved by the follOWIng vote: AuthorIty vote: Unanimously approved 7-0 ADJOURNMENT: At 7:45 p.m., JOInt meetIng. Second by unanImOUSly approved. Member Member Conn moved to EpsteIn. The adjourn motion the was REGULAR COUNCIL MEETING RECONVENED 5 -A: COUNCIL MEETING RULES REVISION: Presented was the request of Mayor Pro Tempore Jennings to discuss revlsIng Resolution No. 6744(CCS) In order to streamlIne the Council meeting rules, continued from March 25, 1986. Mayor Pro Tempore Jennings in traduced discuSSIon and moved that items from other elected bodIes appear on the Council agenda as Special Agenda ("4") items; that it IS lnappropr1ate for agenCIes to use the Council agenda to argue for or agaInst ballot 1n1 tlatl ves; that, after I the staff report and publlC Input, a motIon be made for d1Scusslon; and that the Mayor be authorIzed the optIon of calling for a straw vote or requestIng speCIal Councilmember I s concerns befor e publIC Input. The motIon fa lIed for lack of a second. DiSCUSSIon was held. Councllmember Zane moved to dlrect the Ci ty Attorney to reVIse the Resolution to prOVIde that agenda Items from elected bodies (School, College t and the Rent Control Board) appear as Speclal 2 April 8, 1986 I I 4b.:l Agenda ("4") Items. The motion was duly seconded and unanimously approved. Discussion was held. Mayor Pro Tempore Jennings moved to add language to resol utlon Sectlon 5 (c) (3), Whl ch presently says that no communIcatIon shall be placed on the CIty counCIl agenda WhICh contaIns material advocating or oppOSIng the candIdacy of any person or offIce or party for any elected offIce, so that It also read " no communIcation shall be placed on the agenda which advocates or opposes any InItlatIve or referendum submItted to the people for a vote." The motion was duly seconded. DiSCUSSIon was held. With the consent of the maker and no ObjectIon from the second, .Councllmember Epstein moved an amendment to IlmIt the restrictIons to local ballot measures after they have been placed on ballot. The motion, as amended, faIled by the following vote: CounCIl vote: Affirmative: Councllmembers EpsteIn, JennIngs Negative: Councllmembers Conn, A. Katz, H. Katz, Zane, Mayor Reed Mayor Pro Tempore JennIngs moved that the resolution be amended so that In regard to agenda Items "7", 718", 719", and "11", a motion be made after publlC Input, and if no motIon IS made, the Council moves on to the next Item on the agenda. Second by Councllmember EpsteIn. Discussion was held. The motion falled by the follOWIng vote: CounCIl vote: Afflrmatlve: Councllmembers Epstein, Jennings, H. Katz Negative: Councllmembers Conn, A. Katz, Zane, Mayor Reed 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. ~~uncllmember EpsteIn moved to approve the Consent Calendar, readIng resolutions and ordInance by tI tIes only and waIving futher reading thereof. Second my Councllmember Zane. The motIon was approved by the follOWIng vote: Council Vote: Unanlmously approved 7-0 6-A: APPROVAL OF MINUTES: approved. The minutes of March 25, 1986) were 6-8: PROCLAMATIONS OF LOCAL EMERGENCY: Resolutlon No. 7189(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," arising from past storms, hIgh tides and heavy surf, was adopted. 3 AprIl 8, 1986 464 6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7190(CCS) entltled: "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-86-19)," was adopted. 6-D: FINAL TRACT MAP 44029: Resolution No. 7191 (CCS) entl tl ed: I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 44029," for Tenant-Particlpating Convers10n at 611 - 9th Street, was adopted. 6-E: LEAFBLOWERS: Ordinance No. 1364(CC3) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4204d3 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING THE OPERATION OF LEAF BLOWERS DURING CERTAIN HOURS," was adopted, havlng been 1ntroduced March 25, 1986. 6-F: SOFTBALL TOURNAMENTS: Contract No. 4660 (CCS) was awarded to Shakey r s Restaurant to co-sponsor two adul t softball tournaments this summer. 6-G: CITY HALL IMPROVEMENTS: Contract No. 4661(CCS) was awarded to Bryant Organlzatlon, Inc. ln the amount of $14,277 for lmprovements to the C1 ty Hall and Police Department roof and necessary change orders were authorized. 6-H: TRANSIT COACH UPHOLSTERY REPAIR: Bid No. 2051 was awarded to Sardo Bus and Coach Upholstery as per speclfled unit prIces for trans1t coach upholstery repair for the Transportation Department. 6-1: FARE BOX COLLECTION SYSTEM: Bid No. 2043 was awarded to General Farebox, Inc., in the amount of $997,762 to dell ver and lnstall a bus farebox collectIon system for the Transportatlon Department. 6-J: BRAKE RETARDERS: Bid No. 2046 was rejected and Resolutlon No. 7192(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF BRAKE RETARDERS INCLUDING INSTALLATION FOR THE BUS FLEET OF THE TRANSPORTATION DEPARTMENT," was adopted. 6-K: TRAFFIC SIGNAL: A recommendation was approved to delete from the 1985-86 Capi tal Improvemen t Progr am a project for a pedestrlan traffIC signal on Pi co Boulevard at Euclld Street. 6-L: PICO NEIGHBORHOOD TRAINING GRANTS: A recommendatlon was approved to allocate $7,596 to the P1CO Neighborhood AssociatIon to be applled to the Core Community Organlzing and Adult Employment/Youth Leadership and Training grants. I 4 Aprll 8, 1986 I I 465 6-M: FAIR HOUSING MONTH: Resolution No. 7193(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE MONTH OF APRIL AS 'FAIR HOUSING MONTH' FOR THE YEAR 1986," was adopted. END OF CONSENT CALENDAR a-A: PREFERENTIAL PARKING ZONE J: Presented was a staff recommendatIon transmIttIng an ordInance for IntroductIon and fIrst reading to establIsh PreferentIal ParkIng Zone J on 24th Street between Santa MonIca Boulevard and Broadway. Councilmember EpsteIn moved to contInue the Item for two weeks because he has not receIved the staff report. Second by Councllmember Conn. DIScussIon was held. Councllmember Conn WI thdrew his second to the motIon; therefore, the motion faIled for lack of a second. At 8: 20 p. m., the public hear Ing was declared open. Councllmember EpsteIn moved to hear from members of the publIC for three minutes each. Second by Councilmember Conn. The motIon was unanImously approved. Councllmember EpsteIn moved to allow two members of the publIC who were late In turnIng in their chIts to be heard for three mInutes each. Second by Councilmember Conn. The motIon was unanimously approved. Members of the public Arthur Thompson, Ralph Cochran, Freder ique Sutton, Debbie Lagasca, John Schml d t, Margaret Ryan, ChrIs HardIng, and Bernardo Alps spoke In support of the ordinance. Walter Schwartz spoke in opposition to the ordinance. The pUblic hearIng was declared closed. Discussion was held. Counc llmember Zane moved to approve the sta ff recommendatIon, thereby IntroducIng for fIrst readIng an ordinance entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238J TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENT IAL PARKING ZONE J f1, read 1 ng by title only and waIvIng further readIng thereof. Second by Mayor Reed. Discussion was held. Councllmember H. Ka tz moved a substl tute motion to deny the preferentIal parking. The motion faIled for lack of a second. DIScussIon was held. The motion to adopt the ordInance was approved by the follOWIng vote: CounCIl vote: AffIrmatIve: Councllmembers Conn, EpsteIn, Jennings, A. Katz, Zane, Mayor Reed NegatIve: Councllmember H. Katz 10-A: CITY ATTORNEY LEGAL OPINION/PLANNING COMMISSION: Presented was the request of the Planning Commission for dlrectlon regarding the CommIssIon's authori ty to request the City Attorney's legal opInIon regardIng proposed or contemplated courses of actIon. Penny Perlman I Chairperson of the PlannIng CommIssion, spoke in support of the request. Discussion was held. Councllmember EpsteIn moved to approve the general POlICY outlIned by the Cl ty Attorney (honorIng opInIon requests from Boards and Commissions as a whole, but not from indIVIdual members, except with respect to conflIct of Interest questlons), 5 April 8, 1986 466 and to ask the PlannIng CommIssIon Chairperson and the CI ty Attorney to meet and dISCUSS the service provIded by the CI ty Attorney's offIce to the Planning CommIssion, and report back to CouncIl If any unresolved dIfferences remaln.Second by CouncIlmember H. Katz. The motIon was unanImously approved. 10-8: ZONING ORDINANCE: Presented was a request from the I PlannIng CommissIon for a tIme extension for the ZonIng Ordinance public hearIng schedule. Penny Perlman, ChaIrperson of the PlannIng Commission, spoke regarding the revIsed schedule. DiscussIon was held. .Councllmember EpsteIn moved to adopt the revIsed schedule and dIrect staff to do the publIC notice as staff has IndIcated (revIsed schedule to be sent to the mailIng lIst of interested partIes and organIzatIons, pUblIshed In the paper at least three tImes a month, and the legal required public notice). Second by Councllmember H. Katz. DiscussIon was held. The motIon was unanImously approved. 11-A: AIRPORT PARCEL ANNEXATION : Presented was a staff report recommendIng certificatIon of the InItIal Study and NegatIve DeclaratIon for annexatIon of a 34-acre parcel of Santa Monica AIrport. Di scussion wa s held. The publIC hearIng was declared open. There beIng no one seekIng to be heard, Councilmember Zane moved to close the publIC hearIng. Second by Councilmember EpsteIn. The motIon was unanImously approved. Councilmember Zane moved the staff recommendatIon, thereby approvIng the follOWIng fIndIngs: 1) The City Council has revIewed the InItIal Study and Negative DeclaratIon (EIA 810) and finds that these documents adequately reVIew and analyze potentIal envIronmental effects of the proposed proJect, inclUdIng effects on earth, aIr, water, noise, lIght and glare, shadows, rIsk of upset, land use, transportatIon/cIrculatIon, and aesthetics; and 2) The City CounCIl certIfIes the NegatIve DeclaratIon and fInds that environmental reVIew for the project was conducted In accord ance WI th State and CI ty CEQA gu ldel ines, that ther e was adequate public reVIew of the proposed NegatIve Declaration, and that there IS no substantIal evidence that the project may have a SIgnIfIcant enVIronmental effect. Second by Councilmember H. Katz. The motion was unanImously approved. 11-8: 8EACH TRASH BARRELS: Presented was a staff report recommendIng approval of a renewed agreement WIth Nostrum, Inc., for the prOVIsion and maintenance of beach trash barrels In return for the advertIsing opportunIty. DiscussIon was held. I Member of the publIC Steve Lubell spoke In support of the staff recommendatIon. Councllmember Epstein moved the staff recommendatIon, thereby authorIZIng the CIty Manager to negotIate a renewal of Con tr act No. 4662 (CCS) Wl th Nostrum, Inc., for the provision of beach trash barrels in return for the opportunity to advertise the logo of speCIfically approved advertIsers In the context of an antI-lItter message. Second by Councilmember Conn. Dl SCUSSIon was held. The motIon was approved by the fOllOWIng vote: 6 April 8, 1986 I I 467 Councll vote: Afflrmatlve: Councilmembers Conn, EpsteIn, JennIngs, A. Katz, H. Katz, Mayor Reed NegatIve: Councllmember Zane 11-C: CLOSED SESSION: ConSldered later In the evenlng. 13-A: LEGISLATION REGARDING BROWN ACT (OPEN MEETINGS): Presented was the request of John Jurenka to address CouncIl regardIng Assembly BIll 2674 (Connelly) Wh1Ch amends the Brown Act governIng open meetings of local agencles. Mr. Jurenka requested CouncIl to endorse AB 2674. Discussion was held. Councllmember Conn moved to receive and fIle the communIcation. Second by Councllmember EpsteIn. The motIon was approved by a vote of 6-1, Mayor Pro Tempore Jennlngs opposed. 13-B: CONSTRUCTION HOURS/STREET REPAIRS: Presented was the request of Paul A. SlIver to address CouncIl regardIng constructIon hours and repaIr of streets. There beIng no one present to speak to the matter, Councilmember Epstein moved to receive and fIle the communIcatIon. Second by Councllmember Conn. The motlon was unanImously approved. 14-A: COMMISSION ON OLDER AMER ICANS: Presen ted was the matter of appoIntment of a member to the CommissIon on Older AmerIcans, con tl nued from Ma rch 25, 1986. NomInatIons were declared open. CouncIlmember EpsteIn nomInated Leo Gonzales. Hear ing no other nomIn at ions, Coune Ilmember Conn moved to appo in t Leo Gonzal es unanImously. Second by Councllmember EpsteIn. The motion was un an Imously approved. Therefore, Leo Gonzales was appoInted to the CommIssion on Older AmerIcans as a non-votIng member for an IndefInite term. 14-8: LIBRARY BOARD: Presented was the matter of acceptance of a letter of resignatIon from Charles W. Elswick from the Llbrary Board and authorIzatIon to the City Clerk to publISh a notlce of vacancy. Councllmember Epste In moved to accept the res 19nation with regret and to authorIze the CIty Clerk to publish a notIce of vacancy for the remaInder of the term. Second by Mayor Reed. The motion was unanImously approved. 14-C: SOCIAL SERVICES COMMISSION: Presented was the matter of acceptance of a letter of reslgnatlon of Roberta Schulman from the Soclal Servlces CommIsSIon. Councilmember EpsteIn moved to accept the resignation wIth regret, to ask the CIty Clerk to take steps necessary to flll the pOSI tlon durIng the annual apPoIntment process In June, and to ask the Grants Management staff, at the tIme they report to Council on the SocIal ServIces budget, to brIefly address Ms. Schulman's suggestIon regardIng a pIlot famIly aId outreach program. Second by Councllmember H. Katz. The motion was unanimously approved. 7 Aprll 8, 1986 14-D: PIER PUSHCART VENDORS: Presented was the request of Councilmember Herb Katz to dISCUSS dIrectIon to the CIty Attorney to prepare an emergency ordInance to allow pIer pushcart vendors in connectIon with the PIer RestoratIon CorporatIon leasIng plan. Councllmember H. Katz Introduced dIScussIon regardIng thIS request from CorporatIon. DIScussion was held. Councllmember I EpsteIn moved to ask the CIty Attorney, In communIcation wIth the Pier RestoratIon CorporatIon, to return to us, If possIble, with a SolutIon to thIS problem to allow the vending program by May; if that 1 S an emergency ord inance, fIne; 1 fIt IS some other exception, fIne; and If It cannot be done, to report to us, and if it can be done, as ear ly as pOSSl bl e. Second by Ma yor Reed. Councllmember Epstein Incorporated Into the motIon Mayor Reed's suggestIon that facilitatIng of the pushcart vendors be strIctly lImIted to the munIcIpal pIer. The motion was unanImOUSly approved. 14-E: CITY MANAGER'S COMPENSATION: Presented was the request of Mayor Reed to dISCUSS the CIty Manager's compensatIon pursuant to hIS annual performance review. Ma~or Reed move~ to recommend that a salary Increase of SIX percent, retroactive to December 4, 1985 (the annual review date), and pursuant to the annual performance review that the CouncIl has done on the CIty Manager, be approved, and further, that a performance bonus of $3,000 be awarded to the Ci ty Manager. Second by CouncIlmember H. Katz. WI th the consent of the maker and no obJ ection from the second, Councilmember Epstein moved to amend the motIon to reflect that new level of compensation is $79,500." The motion, as amended, was approved by the following vote: Council vote: UnanImously approved 7-0 14-F: HOMELESS RELIEF ACT: Presented was the request of Councllmember A. Katz to dISCUSS conSIderatIon of endorsement of AS 2839 (Chacon) regard lng the Homeless RelIef Act of 1986, a bIll which would defIne the role and responSIbilities of the publIC and prIvate sectors, establIsh a State Office of Homeless SerVIces, allocate state funds to create county homeless service centers, reqUIre participating countIes to complete plans for aId Ing the home 1 ess, and create al ternati ve facIlItIes to house publIC InebrIates awaItIng trial In SIX countIes. Councllmember A. Katz introduced dISCUSSIon and moved to approve Council endorsement of AS 2839, and communIcate thIS endorsement to the city's lobbyist. Second by Councilmember H. Katz. The motIon was unanImously approved. 11-C: CLOSED SESSION: Presented was a request for Closed Session to conSIder personnel matters and threatened litigatIon, pending 11 ti gatlon, and Ii tlgatlon to be commenced by the Cl ty. At 9:45 p.m., Councllmember EpsteIn moved to adJourn to Closed SeSSIon to conSl der the followIng I terns: Honor M. Corrado, et a1. v. City of Santa MonIca, et aI, Los Angeles SuperIor Court Case No. C 590910; Jonathan Club v. CalIfornia Coastal I 8 April 8, 1986 I I 468 CommIssion, Los Angeles SuperIor Court Case No. C 563602; RIvera v. CI ty of Santa MonIca , United States DIstrict Court Case No. CV-84-8795 Kn (Bx); UnIted Brotherhood of Carpenters, et al. v. CIty of Santa MonIca, et al., Los Angeles SuperIor Court Case No. WEC 069227; CalIfornIa AVIation v. CIty of Santa MonIca, United States DIstrIct Court Case No. cv 84-6985 (CMB) (Bx) and Los Angeles Super lor Court Case No. C 306538; and Gunz v. C 1 ty of Santa Mo n i ca, Santa Moni ca Super lor Court Case No. WEC 64722. Second by Mayor Reed. The motion was unanimously approved. At 11:30 p.m., Councll reconvened wIth all members present. Mayor Reed announced that no actIon was taken. ADJOURNMENT: At 11:32 p.m., Councllmember Conn moved to adJourn to 6:00 p.m. on April 15, 1986, for a Closed Session to discuss personnel matters and 11 tlgation. Second by Councllmember H. Katz. The motIon was unanImously approved. LAT APPROVED: ~-kJ..~ / Chr 1 stine E. Reed Mayor 9 AprIl 8, 1986