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M-3/25/1986 446 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 25,1986 I A meetIng of the Santa MonIca CIty Council was called to order by Mayor Reed at 6:02 p.m. on Tuesday, March 25, 1986, in the CouncIl Chambers. Roll Call: Present: Mayor ChrIstIne E. Reed Mayor Pro Tempore WillIam H. JennIngs Centered after Roll Call) CouncIlmember James Conn Councllmember David G. EpsteIn Councilmember Alan S. Katz CouncIlmember Herb Katz CouncIlmember Dennis Zane Also Present: CIty Manager John JalIlI CIty Attorney Robert M. Myers City Clerk Ann M. Shore At 6: 02 p. m., Councllmember Eps tel n moved to adjourn to Closed SessIon to consider personnel matters. Second by CouncIlmember Conn. CLOSED SESSION: A Closed SessIon, called by SpeCIal NotIce, was held for the purpose of consIder Ing personnel matters. At 7: 35 p. m., CounCIl reconvened wIth all members present. Mayor Reed announced that no actIon was taken. ADJOURNMENT: At 7:35 p.m., Councllmember EpsteIn moved to adjourn the Closed SessIon. Second by CouncIlmember Conn. The motIon was unanImously approved. REGULAR CITY COUNCIL MEETING A regular meetIng of the Santa MonIca City Council was called to order by Mayor Reed at 7:36 p.m. on Tuesday, March 25, 1986, In the Council Chambers. Councllmember A. Katz led the assemblage in the pI edge of allegiance to the Un I ted States of Amer lca. Reverend LInda Poteete-Marshall, FIrst UnIted Methodist Church, offered the Invocation. Roll Call: Present: Mayor ChrIstine E. Reed Mayor Pro Tempore WIllIam H. Jennings CouncIlmember James Conn CouncIlmember DaVId G. Epstein Councllmember Alan S. Katz Councllmember Herb Katz Councllmember DennIS Zane I 1 March 25, 1986 I I 447 4-A: DRUG AND ALCOHOL proclamatlon designating Month an d presented the Clare Foundatlon. AWARENESS MONTH: Mayor Reed read a March as Drug and Alcohol Awareness proclamation to the represen tati ves of 4-8: HEALTH FAIR EXPO 1986: Mayor Reed presented a proclamation to a representative of the Amerlcan Red Cross designating the week of April 12 through April 19, 1986, as Health Fair Expo Week. 4-C: SERVICE RECOGNITION: Plaques and lapel plns were presented to Ken Genser of the Plannlng Commisslon, Patrlcla Hoffman of the Commission on the Status of Women, and Lacey Goode of the Fair Election Practlces Commission in recognitlon of thelr past serVlces to their respective commisslons. PARKING AUTHORITY SPECIAL MEETING A special meeting of the Parklng Authority was called to order by Mayor Reed at 7:50 p.m. Roll Call: Present: Chairperson Chrlstlne E. Reed Chairperson Pro Tempore Willlam H. Jennings Authorlty Member James Conn Authorlty Member David Epstein Authority Member Alan S. Katz Authority Member Herb Katz Authority Member Dennis Zane Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Clty Clerk Ann M. Shore PA-1: PARKING FEE: Presented was a staff report transml tting a resolution establishing the monthly parking permit fee for Parking Lot 11 Clocated at 2400 Nellson Way) at $20 per month. Discussion was held. Members of the publlC Lutzia Baskauskas, Wayne Hall, Wa I t Wi chmann, Joseph Cook, and James Soor an i spoke regardlng parking problems due to constructlon actlvity and enforcement of parklng restrlctlons. Discussion was held. Member Epstein moved the staff recommendation, thereby adopting Resolutlon No. 191 (PAS ) entitled : "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA ESTABLISHING PARKING PERMIT FEES FOR PARKING AUTHORITY LOT 11 AT $20 PER MONTH," reading by title only and walvlng further readlng thereof. Second by Member H. Katz. Di scus sion was held. Wl th the consent of the second, Member Epstein moved an amendment to ask staff for a review by informatlon item sixty days after the effectlve date of the perml t d i str ict. The motion, as amended, was approved by the followlng vote: Authority vote: Unanlmously approved 7-0 2 March 25, 1986 448 ADJOURNMENT: At 8: 10 p. m., Member H. Katz moved to ad Journ the Parking Authority meeting. Second by Chairperson Reed. The motion was unanimously approved. REGULAR COUNCIL MEETING RECONVENED Councilmember Epstein moved to add Items 6-DD, 9-A, and 13-E to the agenda. The motion was duly seconded and unanimously approved. 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. Councllmember Conn moved to approve the Consent Calendar with the exceptIon of Items 6-A, 6-E, 6-G, 6-0, 6-S, 6-W, 6-AA, and 6-CC, readIng resolutions and ordinances by titles ony and waIving further readIng thereof. Second by Mayor Pro Tempore Jennings. The motIon was approved by the following vote: Council vote: Unanimously approved 7-0 6-B: PROCLAMA TIONS OF LOCAL EMERGENCY: Resolution No. 7176 (CCS) en tI tIed: "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. 6-c: RECORD EASEMENTS: Resolution No. 7177 (CCS) entitled: If A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF AN EASEMENT FOR SIDEWALK PURPOSES AT 1750 OCEAN PARK BOULEVARD, IN THE CITY OF SANTA MONICA, CALIFORNIA; Resolutlon No. 7178(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF AN EASEMENT FOR SIDEWALK PURPOSES AT 2600 COLORADO AVENUE, IN THE CITY OF SANTA MONICA, CALIFORNIA; Resolution No. 7179(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF AN EASEMENT FOR SIDEWALK PURPOSES AT 3015 MAIN STREET, IN THE CITY OF SANTA MONICA, CALIFORNIA; and Resolution No. 7180(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF AN EASEMENT FOR SIDEWALK PURPOSES AT 2901-2905 MAIN STREET, IN THE CITY OF SANTA MONICA, CALIFORNIA, were adopted. 6-D: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No. 7181 (GCS) 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 REGARDI NG REPAIR OF SIDEWALKS, DR IVEWAYS AND CURBS (SR-8 6-78) , 1I setting a publiC hearing for April 22, 1986, was adopted. 3 March 25, 1986 I I I I 449 6-F: PREFERENTIAL PARKING ZONE G: OrdInance No. 1359(CCS) entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238G TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE G," was adopted, establIshing PreferentIal ParkIng Zone G for 15th Street from Montana Avenue to Alta Avenue. 6-H: REFUSE COLLECTION HOURS: OrdInance No. 1361(CCS) entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 5237 TO REVISE HOURS FOR REFUSE COLLECTION," was adopted. 6-1: SUMMER BASKETBALL LEAGUE: Contract No. 4650(CCS) was awarded to FruIt-A-Freeze to co-sponsor a Summer Adult Basketball League at MemorIal Park. 6-J: SPRINKLER SYSTEM INSTALLATION: Contract No. 4651 (CCS) was awarded to SIapIn HortIculture In the amount of $74,829 for Phase I automatic sprInkler system Installation at Woodlawn Cemetery and necessary change orders were authorIzed. 6-K: GUTTERS/STREET HESURF ACING: He solution No. 7183 (CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET RESURFACING AND APPURTENANT WORK ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 5610, WITHIN THE CITY OF SANTA MONI CA," setting a publIC hearing for AprIl 22, 1986, was adopted. 6-L: FIRE TRUCK SALE: A recommendatIon was approved authorIzIng the CIty Manager to execute Contract No. 4652(CCS) with the Mammoth Lakes Fire ProtectIon DIstrIct to sell a 1969 Crown Snorkel FIre Truck. 6-M: TREE MAINTENANCE EQUIPMENT: BId No. 2020 was awarded to Glenn B. DarnIng Inc. in the amount of $19,074.70 for one IndustrIal wheel loader wi th grapple for the Tree Maintenance DIvIsion. 6-N: REFUSE DIVISION EQUIPMENT: BId No. 2026 was awarded to Fred H. Boerner Motor Co., In the amount of $83,772.30 for one cab and chassI S wIth side-loadIng refuse body for the Refuse DIvISIon. 6-p: WASTE/DISPOSAL DIVISION: BId No. 2029 was awarded to Claude Short Dodge In the amount of $21,939 for one 3/4 ton cab and chassIs WIth bin handlIng unit for the Waste Collection/DIsposal DIvision. 6-Q: TRANSIT COACH REPAIR: BId No. 2045 was awarded to CInedyne Inc., at specIfIed unIt prices for labor to repaIr and 4 March 25, 1986 430 repalnt damaged Department. translt coaches the Transportatlon for 6-R: PARKS DIVISION EQUIPMENT: BId No. 2047 was awarded to Claude Short Dodge In the amount of $21 J 917.13 to furnIsh and delIver one 10,500 GVW cab and chassis wlth watering tank for the Parks DivISIon. 6-T: DAMAGED SIDEWALKS 7 DRIVEWAYS 7 AND CURBS: Resolutlon No. 7185 (eCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION 7158 AND 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-86-77)," was adopted, settIng a publIC hearing for AprIl 22, 1986. 6-U: INVESTMENT/TREASURY OPERATIONS: Resolution No. 7186(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT, USE AND INVESTMENT OF ONE OR HORE DEPOSIT ACCOUNTS WITH CERTAIN BANKS, SAVINGS AND LOAN ASSOCIATIONS AND BROKER/DEALERS," was adopted, provldlng authorIzatIon of Ci ty staff to conduct Investment and treasury operatl.ons. 6-V: AUTOMATED PAYROLL SYSTEM: A recommendation was approved to authorIze the CIty Manager to negotIate and execute Contract No. 4653(CCS) WIth CAPE Data Inc., to prOVide and Install an automated payroll system and to increase the approprIate account by $105,000. 6-X: WASTEWATER FACILITIES REPLACEMENT PROJECTS: Con tr act No. 4655(CCS) was awarded to George JUgOVIC Construction Company In the amount of $377,525 for Wastwater FacIlltles Replacement projects and necessary change orders were authorlzed. 6-Y: DOUGLAS PARK SECURITY LIGHTING: Con tract No. 4656 (CCS) was awarded to PaxIn ElectrIc, Inc., In the amount of $39,000 for constructIon of securlty llghtlng at Douglas Park and necessary change orders were authorIzed. 6-Z: SEWER MAINTENANCE COSTS: A recommendatIon was approved to appropriate an addl tlonal $90,098 from the sewer fund to cover costs of operatIon and maIntenance charges to the CIty from the HyperIon Sewage Treatment Plant. 6-BB: PARADE ROUTE: ResolutIon No. 7187(CCS) entItled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON MAY 17, 1986, ON A ROUTE OTHER THAN THE OFFICIAL CITY ROUTE," for St. MonIca's CentennIal CelebratIon, was adopted. 6-DD: UTILITY USERS TAX: A recommendation was approved regardIng oppositIon to AB 3747J a bIll WhICh would lImIt utIlity users tax to 5 percent. 5 March 25, 1986 I I I I 451 END OF CONSENT CALENDAR 6-A: APPROVAL OF MINUTES: Presented for approval were the mInutes of the Ci ty CouncIl meetIngs held February 25, February 28, March 4, March 12, and March 18, 1986. Councllmember EpsteIn moved to delete the word "Israel" in the adjournment section of the March 4th meetIng and to approve the minutes of March 4, WIth that one correct ion, and March 18, 1986. Second by Ma yor Reed. The motion was unanimously approved. CouncIlmember A. Katz moved to approve the minutes of the meetIngs held February 25, February 28, and March 12, 1986. Second by Councilmember Zane. The motIon was approved by vote of 5-0, Councllmember s H. Katz and Epstein abstaIning. 6-E: INTENT TO VACATE PORTION OF 28TH STREET: Presented was a staff report transml ttIng a resolutIon declarIng an Intent to vacate an undeveloped portIon of 28th Street adjacent to the Airport and settIng a public hearIng for April 22, 1986. DISCUSSIon was held. Councllmember EpsteIn moved to approve Resolution No. 7182 (CCS) entI tIed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN STREET KNOWN AS 28TH STREET, IN THE CITY OF SANTA MONICA, CALIFORNIA," 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 7-0 6-G: PREFERENTIAL PARKING ZONE I: Presented was a staff report transmIttIng an ordInance for adoptIon and second readIng regarding establIshIng PreferentIal Parking Zone I in the area bounded by MaIn Street, Strand Street, ThIrd Street and Ocean Park Boulevard, Introduced February 25, 1986. Councllmember Zane moved to hear from members of the publIC. The motIon was duly seconded and faIled by a vote of 3-4. Councilmember Epstein moved to adopt OrdInance No. 1360 (CCS) entitled: n AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 32381 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE I," readIng by tItle only and waIvIng further readIng thereof. Second by Mayor Reed. DIScussion was held. The motion was approved by the following vote: CounCIl vote: AffIrmative: Councilmembers Conn, Epstein, JennIngs, A. Katz, Zane, Mayor Reed NegatIve: Councllmember H. Katz 6-0: CAB AND CHASSIS/WATER DIVISION: Presented was a staff report recommendIng award of bId for one GVW cab and chassIs WIth speCIal serVlce body for the Water DlV1SIon of the General Services Department. DISCUSSIon was held. Councilmember Epstein moved to award BId No. 2027 to Thorson GMC BUICk Inc., Pasadena, 6 March 25, 1986 452 CalifornIa, for one 10,500 GVW cab and chassis wIth specIal service body In the total amount of $16,508.57, Including tax, as the lowest and best bIdder. Second by Councilmember Conn. The motIon was approved by the following vote: CouncIl vote: UnanImously approved 7-0 I 6-S: ELECTRICAL TRANSFORMER EQUIPMENT: Presented was a staff report transml tting a resolutIon authorizing executIon of Grant of Easement to Southern CalIfornia EdIson Company for the construction and maIntenance of electrIcal transformer equIpment located near the Ocean Park LIbrary. DIScusSIon was held. Councilmember Conn moved to adopt Resolution No. 7184(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL TRANSFORMER AND APPURTENANT EQUIPMENT AT 2601 MAIN STREET," readIng by tItle only and waIving further readIng thereof. Second by CouncIlmember A. Katz. The motIon was approved by the following vote: Council vote: AffIrmatIve: Councllmembers Conn, JennIngs, A. Katz, H. Katz, Zane, Mayor Reed Negative: Councllmember EpsteIn 6-W: COLORADO PLACE PHASE II & III ENVIRONMENTAL IMPACT REPORT (EIR): Presented was a staff report recommendIng award of contract for the preparatIon of an EIR on two development projects (Colorado Place Phases II and III) proposed by Southmark Pacific CorporatIon. DIScussion was held. Councilmember EpsteIn moved to authorize staff to negotIate a contract wIth MIchael Brandman AssocIates, with a dIrective to Include in the contract mechanIsms for communIcatIon of the concerns of the neighborhood, and dIrecting staff to communIcate to the developer before the contract IS SIgned that the CounCil 1S lookIng with dIsfavor at the Idea of a hotel that is thIrteen storIes-high. Second by Councllmember Zane. DIScussIon was held. Councilmember H. Katz moved a subStI tute motIon to approve the staff recommendatIon, thereby (1) authorIzing the Clty Manager to enter Into Contract No. 4654(CCS) w1th MIchael Brandman Associates at a cost of $53,990 for preparation of an Environmental Impact Report on the proposed Amendment Number 4 to Development Agreement and Developmen t Rev I ew Number 318; and (2) Incre8S ing the appropriatIon at account number 01-200-266-000-500 by $53,990 to I provIde funds In the approprIate account for preparation of the EIR, giVIng the CIty Manager and staff the prerogatIve to allow the price to go up If the development Increases and negotIate the modifIcatIon. Second by Mayor Reed. DISCUSSIon was held. The substItute motion was approved by the follow1ng vote: CounCIl vote: AffIrmatIve: CouncIlmembers Conn, JennIngs, H. Katz, Mayor Reed 7 March 25, 1986 I I 453 NegatIve: Councilmembers Epstein, A. Katz, Zane Councilmember Epsteln requested the record to reflect the following: "I am voting no because I think we ought to say loud and clear that unless Rose BIrd and the Supreme Court tell us that we have to swallow a thirteen-story hotel, I don I t think that thIS Councilor any other CouncIl in the CIty in the foreseeable future IS lIkely to approve of It... 6-AA: KRAMER MOTORS FINDINGS: Pr esen ted was a staff report transmittIng fIndIngs and condItions relatIng to Development RevIew 298 for constructIon of a new car dealership at 1801 Santa MonIca Boulevard. DiscussIon was held. Councllmember EpsteIn moved the staff recommendatIon, thereby adoptIng the Statement of OfflcIal ActIon. Second by Mayor Reed. The motion was approved by the followIng vote: CouncIl vote: AffIrmatIve: Councllmembers EpsteIn, JennIngs, H. Katz, Mayor Reed NegatIve: Councilmembers A. Katz, Zane Abstain: CouncIlmember Conn 6-cc: WATER MAIN INSTALLATION BIDS: Presented was a staff report recommending rejection of bIds to furnIsh and Install water maIns at varIous locatIons, and authorIzatIon to readvertlse speclfYlng different materials. DIScussIon was held. Councllmember Conn moved the staff recommendation, thereby reJectIng the bids to furnIsh and Install water maIns, fIttings, and serVIces at varIOUS locatIons and authorizIng the City staff to readvertIse the project specIfying non-asbestos concrete pIpelIne materIals. Second by Councllmember H. Katz. DIScussIon was held. The motlon was approved by the following vote: Council vote: AffIrmative: CouncIlmembers Conn, A. Katz, H. Katz, Zane, Mayor Reed NegatIve: CouncIlmembers Epstein, Jennings Mayor Pro Tempore Jennings requested the record to reflect that the reason he voted no is because he sees no evidence whatsoever that there is a heal th problem, and even though water IS an EnterprIse Fund, that savIngs In the water fund could be used In creative ways to provIde addItIonal fundIng for social serVIces. 7-A: ANNUAL WEED/RUBBISH ABATEMENT: Presented was a staff report and a publIC hearing on the annual weed and rubbish abatement program. The publlC hearIng was declared open. Florence Gaustad spoke In protest of the weed abatement expense. D i scu ss ion was held. There being no one el se wIshIng to be heard, Councllmember A. Katz moved to close the public hearing 8 March 25, 1986 454 and acknowledge the protest. Second by Councllmember Conn. The motIon was unanImously approved. DIScussion was held. Councllmember H. Katz moved the staff recommend ation, thereby open i ng and closIng the publIC hear lng, acknowl edg Ing protests, and orderIng the work to be done. Second by CouncIlmember Conn. The motIon was approved by the following vote: Council vote: UnanImously approved 7-0 8-A: PREFERENTIAL PARKING ZONE H: Presented was a staff report transmitt1ng an ordinance for adoption and second readIng regard i ng Prefer en tI al Park1ng lone H on 31 s t, 32nd, 33rd, and 34th Streets between Ocean Park Boulevard and Pearl Street, introduced February 25, 1986. Discussion was held. At 9:25p.m., the pu blI c hear ing wa s dec lared open. Members of the publIC Dorothy McGregor spoke in opposItion to the staff recommendation, RIta Jaffe In support of the staff recommendation. Councilmemher Conn moved to adopt OrdInance No. 1362(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238H TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE H," readIng by tItle only and waivIng further read1ng thereof. The motIon was duly seconded and approved by the followIng vote: CouncIl vote: AffIrmatIve: CouncIlmembers Conn, Epstein, Jenn1ngs, A. Katz, Zane, Mayor Reed NegatIve: Councllmember H. Katz 8-B: CITY SEAL USE: Presented was a staff report transmI tting an ordlnance for adoptIon and second readIng regarding the use and reproductIon of the CI ty Seal, Introduced February 25, 1986. Di scussion was held. Mayor Reed moved to adopt Ord inance No. 1363 (CCS) enti tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY SANTA MONICA AMENDING SECTION 2601 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE USE OF THE CITY SEAL," readIng by title only and waI v Ing further readIng thereo f. The motion was duly seconded and approved by the following vote: CouncIl vote: UnanImously approved 7-0 I 8-C: LEAF BLOWER HOURS: Presented was a staff report transmittIng an ordInance for introductIon and fIrst readIng addIng Section 4204d3 to the MunICIpal Code restrictIng the hours I dur Ing WhICh leaf blower s may be operated. At 9: 37 p.m., the hearIng was declared open. Members of the public Herman Rosenstein and Robert Ida spoke In support of the ordInance. Discussion was held. Counc1lmember H. Katz moved to introduce for fIrst reading an ordInance addIng Sect10n 4204d3 to MuniCIpal Code prohIbl ting the use of leaf blowers durIng certain hours. Second by Councilmember A. Katz. The motlon was approved by the following vote: 9 March 25, 1986 I I 455 Council vote: UnanImously approved 7-0 9-A: TENANT INCENTIVE PROGRAM BALLOT TITLE: Pr esen ted was a staff report transmi ttlng a resolution amendIng ResolutIon No. 7173 (CCS) regard lng the Tenant IncentIve Program ballot tI tIe. Discuss Ion was held. Councllmember EpsteIn moved to hear from the publIC for three minutes each. Second by CouncIlmember Conn. The motion was unanImously approved. Members of the public J. L. Jacobson and John Jurenka spoke in support of the inItiatIve. Sherman Stacey spoke regarding the Judge's suggested language for the Inl tiatI ve. DIScusslon was held. CouncIlmember Zane moved to adopt the CI ty At torney's recommendatIon and approve Resolu tion No. 7188 (CCS) en tl tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 7173(CCS)," readIng by tltle only and waIving further reading thereof. Second by Councilmember A. Katz. DIScuSSIon was held. Councilmember EpsteIn moved an amendment to introduce the followIng language: "Shall ArtIcle XVIII of the CI ty Charter, entItled 'Rent Control', be amended by addIng certaIn new sectIons and amend ing certaIn eXI st I ng sections to prov lde that upon a voluntary vacancy of any controlled rental unit, the landlord IS permitted to establish a new base rent for such con trolled rental unI t by comply Ing wIth the Tenant IncentI ve Program WhICh provIdes for certaIn cash payments for certaIn quaIl fled tenants?" The amendment fall ed for lack of a second. The motIon to adopt the CIty Attorney's recommendation was approved by the followIng vote: CouncIl vote: AffIrmatIve: Councilmembers Conn, A. Katz, H. Katz, Zane, Mayor Reed NegatIve: Councllmembers EpsteIn, Jennings l1-A: FOURTH STREET MEDIAN CONSTRUCTION: Presented was a staff report recommendIng award of contract to the lowest responsible bIdder for constructIon of the Fourth Street medIan. Discussion was held. CouncIlmember EpsteIn moved to approve the staff recommendatIon, thereby (1) awardIng Contract No. 4657(CCS) for the constructIon of the Fourth Street medIan to TerraIn, Inc., In the amount of $163,308; and (2) authorIzing the CIty Engineer to Issue any change orders necessary to complete addItional work to the extent of funds avaIlable. Second by CouncIlmember Zane. The motIon was approved by the followIng vote: CouncIl vote: AffIrmatlve: Councllmembers Conn, EpsteIn, JennIngs, A. Katz, Zane, Mayor Reed Negative: Councllmember H. Katz Councllmember H. Katz requested the record to reflect the folloWIng: "I think the parkIng In the center portion, as much as parking IS needed, IS a dIstractIon. People drIve in it, and 10 March 25, 1986 456 I do drive It. I thInk the medIan landscape is qUIte nIce, but I cannot support parking in the medIan strip." 11-3: OFFI CE DEVELOPMENT/MITIGATION PROGRAM: Pr esen ted was a staff report recommending approval of a MitIgation Program regardIng the housIng and open space Impacts of offIce development in the CIty and dIrecting the CIty Attorney to I prepare an ordlnance. D1Scusslon was held. Members of the public who spoke were Penny Perlman In support of more park space for the CIty, Julie Dad and Joe Carreras in support of more housing for the City, ChrIs Harding In favor of the staff recommendatIon, and Donald Nelson for more parkIng spaces in parks. Councilmember A. Katz moved to adopt the staff recommendation using a 60-40 (60% hOUSIng, 40% parks) formula after WIthholdIng 10% for fleXIble purposes, and, for any park of less than one acre, the parkIng provIded would not be Included In satlsfactIon of the in-lIeu fee. Second by Councllmernber Zane. DISCUSSIon was held. Councilmember EpsteIn moved an amendment to provide for a 50-50 ratIo. Second by CouncIlmember H. Katz. DISCUSSIon was held. The motIon to provIde for a 50-50 ratIO faIled by the following vote: CounCIl vote: AffIrmative: CouncIlmembers EpsteIn, JennIngs, H. Katz NegatIve: CouncIlmembers Conn, A. Katz, Zane, Mayor Reed Councllmember Conn requested the record to reflect that he thInks It IS absolutely imperatIve that we maintaln a strong commitment for hOUSIng in the CIty. Councilmember Zane moved to amend the staff report to reflect that the housing money should be dIrected toward familIes with 80 percent of the median Income or less. Second by Mayor Pro Tempore Jennings. The motIon was approved by the following vote: Councll vote: AffIrmatIve: Councilmembers Conn, JennIngs, H. Katz, Zane NegatIve: Councilmembers Epstein, A. Katz, Mayor Reed CouncIlmember Epstein In-kInd park one acre. moved an amendment to make the mInImum The motIon faIled for lack of a second. I The main motIon was approved by the follOWIng vote: CounCIl vote: AffIrmatIve: Councilmembers Conn, JennIngs, A. Katz, Zane, Mayor Reed Negative: CouncIlmembers Epstein, H. Katz 1 1 t-1 arc h 25, 1 98 6 I I 457 CouncIlmember EpsteIn requested the record to reflect that hIS vote is because he believes the commItment to Inadequate. Councilm€mber H. Katz requested reflect that hIS vote IS because he belIeves should be greater. park space IS the record to the park space 11-C: CLOSED SESSION: ConsIdered earlIer In the evenIng. 13-A: PARKING RESTRICTIONS: Presented was the request of BIll Schroeder to address CouncIl regardIng Stanford Street reSIdents' petition for parkIng restrictions. William Bertie, representative of Mr. Schroeder, spoke on behalf of the residents on Stanford Street between WIlshIre Boulevard and LIpton Avenue to request preferentIal parking on Stanford Street on Saturdays and Sundays from 9 a.m. to 6 p.m. DISCUSSIon was held. Councllmember Zane moved to support the resIdents' request for preferentIal parking on weekends and to ask the CIty Attorney to prepare the necessary ord Inance. Second by CouncIlmember EpsteIn. The motIon was approved by the followIng vote: CouncIl vote: UnanImously approved 7-0 13-B: CHILD CARE CENTERS: Presented was the request of Herbert Hall to address CouncIl regardIng care of chIldren in day care centers. Mr. Hall spoke regarding chIldren with dIsorders In day care centers. CouncIlmember Epstein moved to receIve and fIle the communIcatIon. Second by Councllmember H. Katz. The motIon was unanImously approved. 13-C: ECONOMIC DEVELOPMENT TASK FORCE FINDINGS: Presented was the request of Christopher M. HardIng to address CouncIl regardIng presentatIon of fIndIngs and recommendation of the EconomIc Development Task Force of the Chamber of Commerce. Mr. Hard Ing spOke regard ing the concerns of the bus in ess community about the economic development climate in Santa Monica and the fIndIngs and recommendatIons of the EconomIc Development Task Force of the Chamber of Commerce WI th regard to thIS matter. DiSCUSSIon was held. CouncIlmember EpsteIn moved to direct the staff to review the Chamber of Commerce report and to report to CouncIl regardIng steps that either are beIng taken or could be taken to Implement 1 t, In partIcular, to propose to CouncIl a mechanIsm for establIshing an economIC development council to include representatIves of the CIty, of the business communIty, and of the reSI d en tlal communJ. ty, wIth mln imal expen se to the general fund. Second by Counc Ilmember A. Katz. Discuss Ion was held. The motIon was unanImously approved. 13-D: BAHA'I PEACE STATEMENT: Presented was the request of SheIla Banani that the Baha'I Assembly address CouncIl regardIng presentation of a book contaInIng their peace statement. Ms. Bananl read and presented the Baha'I Assembly's peace statement to the CouncIl. DISCUSSIon was held. 12 March 25, 1986 458 13-E: IN-LIEU FEES/2528 THIRD STREET: Presented was the request of PhIllIP S. Coombs to address CouncIl regardIng partIcIpatIon In the In-LIeu Fees program related to the constructIon of a fI ve-uni t condominIum proJ ect at 2528 ThIrd Street. Mr. Coombs requested CouncIl approval to allow him to particIpate in the In-LIeu Fees program. DIScussion was held. CouncIlmember I Epstein moved to adopt the POllCY that Mr. Coombs be given the same equIty that other indIvIduals are gettIng under thIS program and to dIrect staff to Implement It adminIstratIvely if possIble, and If not, return the matter to Council. Second by CouncIlmember H. Katz. The motIon was unanImously approved. 14-A: STREET LIGHTING/PREFERENTIAL PARKING: Presented was the request of Councilmember H. Katz to dISCUSS neIghborhood street lightIng and preferentIal parkIng. Councllmember H. Katz Introduced dIScussIon regarding petItions for street lighting and preferentIal parkIng. Counc Ilmember H. Katz moved to dIrect staff to prepare a proper petition procedure for street lIghting and preferentIal parkIng and agendlze as soon as possIble. Second by Councllmember Conn. The motIon was unanImously approved. 14-B: TORCA PROJECTS PROCESSING: Presented was the reque st of Mayor Reed to dISCUSS and request for a report on ways to expedIte the processing of TORCA (Tenant OwnershIp Rights) proJects. Mayor Reed Introduced dIScussIon regardIng specIfic suggestIons from Paul De SantIs for shortenIng the length of time it takes the Ci ty to complete TORCA processing. DIScussIon was held. Mayor Reed moved to dIrect staff to work WI th Mr. De Santis In expedItIng the CIty'S side of the TORCA processIng and to submIt a written report on how they have dIsposed of the suggest1.ons. Second by Councilmember Ep ste1.n. Di scussion was held. The motIon was approved by unanImous vote. 14-C: MISSING CHILDREN'S CITIZENS ADVISORY COMMITTEE: Presented was the request of Councllmember A. Katz to dISCUSS establishing a Mi sS1.ng Ch Ildren 's Ci tl zen Ad vi sory CommI ttee. Counci lmember A. Katz Introduced discuSSIon regardIng people Interested In getting Involved In the missIng children program. Councllmember A. Katz moved to dIrect staff to consIder establishIng a MIssing ChIldren's Citizen AdvIsory Committee to assist the PolIce Department's Community RelatIons DI v iSlon in the Impl ementation of the Santa MonIca MissIng ChIldren's Program, the commIttee to consist of interested resIdents and certaIn non-resIdents WI th current Involvement In such programs. DISCUSSIon was held. The motion was duly seconded and unanImously approved. I 14-D: SOUTH BEACH IMPROVEMENTS: Presented was the request of Mayor Pro Tempore Jennings to dISCUSS the status of improvements on the South Beach. Mayor Pro Tempore JennIngs Introduced discussion and moved to hear from members of the public for three mInutes each. The motion was duly seconded and unanImously approved. Members of the publIC Stephen Anaya, Lutzia 13 March 25, 1986 I I 459 Baskauskas, James SooranI, and Llnda Kaupas expressed theIr concerns regardIng street dIviders, parkIng, bathrooms, polIce patrols, speed bumps, barbecues in the park, and reduction In the number of tree s because of limI ted park space. DI scus sian was held. Counc Ilmember H. Katz moved to direct staff to address these questlons, meet wIth the reSIdents, and provide results In writIng to the CouncIl. The motIon was duly seconded and unanImously approved. 14-E: COMMISSION ON OLDER AMERICANS : Presented was the matter of appOIntment of a non-voting member to the CommIssion on Older Americans. CouncIlmember Epstein nominated Leo Gonzales. Councllmember Conn nominated Gene Oppenheim. DiScUSSion was held. Councllmember Conn moved to postpone thIS matter for two weeks to check CommIssion needs. Second by Councilmember H. Katz. The motion was unanImously approved. 14-F: COUNCIL MEETING RULES: next CouncIl meetIng. Continued as a '5 litem to the 14-G: TOXICS INITIATIVE STATEWIDE BALLOT MEASURE: Presented was the request of Councllmember Zane to dISCUSS possIble CouncIl endorsement of the Tox ICS In 1 tlatI ve statewi de ballot measure. Councllmember Zane Introduced dIScussIon and moved Council endorsement of the Safe DrInkIng Water and TOXiCS Enforcement Act Ca measure desIgned to strengthen, clarIfy and cOdIfy more carefully some of the eXlstlng laws regardIng the nature of chemlcals that should not be dIscharged Into the environment) to be placed on the ballot. Second by CouncIlmember H. Katz. DIScussIon was held. The motIon was approved by a vote of 6-0, Councllmember Epstein abstaining. 14-H: THIRD STREET DEVELOPMENT CORPORATION CO-LIAISON: Presented was the request of Councllmember Zane for Mayoral apPOIntment of Councllmember H. Katz as co-lIaIson to the ThIrd Street Development CorporatIon. DIScusSIon was held. Mayor Reed deSignated Councilmember H. Katz to serve as co-lIaIson WIth Councllmember Zane to the Third Street Development Corporation. 14-1: FAIR RESPONSIBILITY ACT OF 1986: Presented was the request of Mayor Reed to dISCUSS endorsement of the FaIr ResponSIbilIty Act of 1986 Ca proposed new law to assure that vIctims are compensated and that defendants WIll be held fInancIally responsible In closer proportlon to their degree of fault In lawsults involving personal injury, property damage or wrongful death). Mayor Reed moved CouncIl endorsement of this Initiative. Second by CouncIlmember A. Katz. DIScussIon was held. The motion was approved by a vote of 5-2, Councilmember Zane and Mayor Pro Tempore JennIngs opposed. 14-J : NATIONAL LEAGUE OF CITIES CONFERENCE REPORT: Pr esented was a report from Mayor Reed on the NatIonal League of Cl tIes Conference In WashIngton, D.C. DIScussion was held. 14 March 25, 1986 460 11-C: CLOSED SESSION: Presented was a request for Closed SessIon to consIder personnel matters and threatened lItIgatIon, pendIng litIgation, and litigatIon to be commenced by the City. At 1: 05 a. m., a motIon was made, duly second ed and approved to adjourn to Closed SessIon to consIder the followIng cases: Santa Monica MunIcIpal Employees AssocIation V. CIty of Santa Monica, I Los Angeles SuperIor Court Case No. C 562708; Santa Monlcans for Reasonable Growth v. City of Santa MonIca, Los Angeles SuperIor Court Case No. C 583600; Honor M. Corrado et.al. v. CIty of Santa Monica et. al., Los Angeles Superior Court Case No. C590910; Roca v. CI ty of Santa MonIca, Lo s Angeles Super ior Court Ca se No. C 71484; Pall v. City of Santa MonIca, Santa MonIca Superior Court Case No. WEC 100920; Velasco v. CIty of Santa MonIca, Santa MonIca Superior Court Case No. WEe 87728; Embree V. CIty of Santa MonIca, Santa MonIca SuperIor Court Case No. WEe 80169; Gunz v. CI ty of Santa MonIca, Santa Monica Superior Court Case No. WEC 64722; Colorado Place, Ltd. v. City of Santa MonIca, Santa MonIca SuperIor Court Case No. 100185, and; CalIfornIa AVIation v. CIty of Santa MonIca, United States DIstrict Court Case No. CV84-6985 (CMB) (Bx) and Los Angeles Superior Court Case No. C 306538. At 1 : 24 a. m. , CounCIl reconvened wi th SI x members presen t, Councilmember H. Katz absent. Councllmember Conn moved to approve settlement In the case of Velasco V. CIty In the amount of $20,000. Second by Mayor Reed. The motion was approved by the following vote: CounCIl vote: Approved '5-0 AbstaIn: Councllmember Epstein Absent: Councilmember H. Katz ADJOURNMENT: At 1:30 adJ ourn the meetIng. unanImously approved. a.m., Councilmember Epstein moved to The motIon was duly seconded and ATTEST: fJ ~J'" I LL--v.........p'"L " . l ~C'--O~ Ann M. Shore CIty Clerk APPROVED: 01 ( L/{; k-LZ ~~~tlne E. Reed . Mayor I 15 March 25, 1986