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M-11/26/1985 34b CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 26, 1985 A meeting of the Santa Monlca Clty CouncIl was called to order by ~ Mayor Reed at 6:00 P.M. on Tuesday, November 26,1985, In the CouncIl Chambers. Roll Call: Present: Mayor Chrlstlne E. Reed Mayor Pro Tempore Wllllam H. JennIngs Councllmember James P. Conn (entered 6:10 P.M.) Councllmember Davld G. EpsteIn (entered 6:25 P.M.) Councllmember Alan S. Katz Councllmember Herbert Katz Councllmember Dennls Zane (entered 6:10 P.M.) Also Present: Clty Attorney Robert M. Myers CIty Clerk Ann M. Shore At 6:08 P.M., a motIon was made, seconded, and unanImously approved to adJourn to Closed SessIon. CLOSED SESSION: A Closed Sesslon, called by SpecIal Notlce, was held for the purpose of conslderlng personnel matters. At 7: 29 P. M., the CouncIl reconvened, WI th all members present. Mayor Reed announced that no actlon was taken. ADJOURNMENT: At 7:29 P.M., Councllmember A. Katz moved to adjourn the SpecIal Meetlng. Second by Councllmember EpsteIn. ' The motlon was unanImously approved. REGULAR CITY COUNCIL MEETING A regular meetIng of the Santa MonIca CIty Councll was called to order by Mayor Reed at 7:30 P.M. on Tuesday, November 26, 1985, in the CouncIl Chambers. Councllmember Conn led the assemblage I n the pledge of allegIance to the Un I ted States of Amer lC a. Reverend Chuck WIggIns, FI rst Un I ted MethodIst Church, 0 ffered the lnvocatlon. REDEVELOPMENT AGENCY MEETING: Roll Call: Present: ChaIrperson ChrIstIne E. Reed ChaIrperson Pro Tempore Wllllam H. JennIngs Agency Member James P. Conn Agency Member DaVId G. EpsteIn 1 November 26, 1985 I . I I I 347 Agency Member Alan S. Katz Agency Member Herbert Katz Agency Member Dennis Zane Also Present: ExecutIve DIrector John Jallll Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore Member Epstein moved to add Item RA-2 to the Agenda. The motlon was duly seconded and unanImously approved. RA-l : APPROVAL OF REDEVELOPMENT AGENCY MINUTES: Pr esen ted for approval were mInutes of Redevelopment Agency meetIngs of September 10, and September 17 I 1985. Agency Member Conn moved to approve the mln utes as presented. Second by Member Epsteln. The mot Ion was approved by a vote of fIve In favor, Councilmembers A. Katz and H. Katz abstalnlng due to thelr not belng present at these meetIngs. There beIng no obJectIon, the CouncIl meetlng was convened at thIS tlme In order to hold JOint dIScUSSIon In regard to Item RA-2 and CouncIl Agenda Item ll-A. JOINT MEETING OF REDEVELOPMENT AGENCY AND THE CITY COUNCIL At 7:40 P.M., a JOInt meeting of the Redevelopment Agency and the CIty Cauncll was called to order. Roll Call of the CouncIl was held, the Redevelopment Agency belng already In SeSSIon. Roll Call: Present: Mayor ChrIstIne E. Reed Mayor Pro Tempore Wllliam H. JennIngs Councllmember James P. Conn Councllmember David G. Epsteln Councllmember Alan S. Katz Councllmember Herbert Katz Councllmember DennIS Zane Also Present: CIty Attorney Robert M. Myers Clty Manager John JalllI CIty Clerk Ann M. Shore By unanImous consent, dIScusSIon WIth RA-2. Item l1-A was brought forward for RA-2, l1-A: HOUSING ACQUISITION AND REHABILITATION PROGRAM/ PICO NEIGHBORHOOD HOUSING FUNDS: Presented were staff reports recommendIng (Item RA-2l-approval of rev lsed program guidelInes for the CIty-wIde HOUSIng AcqUISItIon and RehabIlItatIon Program and authorIzIng the ExecutIve DIrector to execute contract wi th CommunIty CorporatIon of Santa MonIca for dIsbursal of $75,000 ln earnest funds, and; (Item ll-A) approval of reVIsed program gUIdelInes for the P1CO NeIghborhood HOUSIng Trust Fund, authorIzatIon of the executIon of an agreement WIth P1CO 2 November 26, 1985 348 Neighborhood As SOCl atlon, and author 1 zat Ion of executIon 0 f a contrac t wIth CommunIty CorporatIon of Santa MonIca for earnest funds. DISCUSSIon was held. Agency Member EpsteIn moved adoptIon of the staff recommendation, I.e., approval of the rev 1 sed program gu Idellnes for the Cl tywlde HOUSl ng AcqUISi tIon and RehabIlitatIon Program, WI th the following two changes: 1) I Include a sentence that In no case shall the loan term exceed the estImated useful lIfe of the Improvements on the property, and 2) del ete the term "communI ty-based" and leave non pro fl t housIng development corporatIon as an elIgible borrower. Second by Agency Member JennIngs. DISCUSSIon was held. Agency Member Conn moved to dIVIde the question so that Mr. Epst'eIn's amendments can be debated and voted on separately. After dIScussion, Agency Member Conn moved to delete the amendment that Mr. EpsteIn made to tie the length of the loan to the useful lIfe of the bUIldIng. Second by Member lane. DiSCUSSIon was held. The amendment was approved by the followIng vote: Agency vote: AffIrmatIve: Agency Members Conn, JennIngs, A. Katz, H. Katz, Zane NegatIve: Agency Member EpsteIn, ChaIrperson Reed Agency Member Conn moved an amendment to restore the language "community-based" In the maIn motIon. Second by Agency Member A. Katz. DISCUSSIon was held. The motIon to restore the language "communIty based" faIled by the following vote: Agency vote: AffIrmatIve: Agency Members Conn, lane NegatIve: Agency Members EpsteIn, A. Katz, H. Katz, Jennings, ChaIrperson Reed The maIn motIon was approved by the fOllowIng vote: Agency vote: UnanImously approved 7-0 CouncIlmemb~r EpsteIn moved to approve the revIsed program gUIdelInes for the PICO NeIghborhood HOUSIng Trust Fund. Second by CouncIl Member lane. The motIon was approved by the followIng vote: Agency Member EpsteIn moved to approve CorporatIon of Santa MonIca for the earnest money funds. Second by Agency was approved by the followIng vote: a contract WIth CommunIty dIsbursal of $75,000 In Member Zane. The motIon I CouncIl vote: Unanimously approved 7-0 Agency vote: UnanImously approved 7-0 3 November 26, 1985 I I jq~ Councllmember A. Kat z moved to author 1 ze the Cl ty Manager to negotIate and execute Contract No. 4618CCCS), beIng an agreement between the PIca Nelghbhorhood ASSOcIation and the Ci ty for the ImplementatIon of the PICO NeIghborhood HousIng Trust Funds as descrIbed In the staff report. Second by Councllmember Epstein. The motIon was approved by the followIng vote: CouncIl vote: UnanImously approved 7-0 Councllmember Conn moved to approve Contract No. 4619( CCS) WI th the Communlty--corporatlon of Santa MonIca for dIsbursal of earnest money funds from the Trust Fund. Second by Councllmember EpsteIn. The motIon was approved by the followIng vote: CouncIl vote: UnanImously approved 7-0 ADJOURNMENT: At 8:20 P.M., Member EpsteIn moved to adJourn the Redevelopment Agency meetIng. Second by Member Conn. The motIon was approved by unanImous vote. REGULAR CITY COUNCIL MEETING - RECONVENED 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 EpsteIn moved to approve the Consent Calendar wIth the exceptIon of Items 6-A, 6-F, 6-G, 6-1 and 6-V, readIng resolutIons and ordInances by tItles only and wa IV lng further read lng thereof. Second by Counc llmember Conn. The motIon was approved by the followIng vote: CouncIl vote: UnanImously approved 7-0 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon No. 7114(CCS) entItled: "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: ALLEY RESURFACING: ResolutIon No. 7115(CCS) entItled: "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 THE RESURFACING OF OZONE PLACE NORTH BETWEEN LINCOLN BOULEVARD AND HIGHLAND AVENUE", was adopted, settIng a publIC hearIng for December 10, 1985. 6-D: SALARY RATE AND CLASSIFICATION SPECIFICATION: ResolutIon No. 7116(CCS) entitled:--WX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE POSITION OF PRINCIPAL ACCOUNTANT", was adopted, and a new claSSIfIcatIon speCIfIcatIon was approved. 4 November 26, 1985 .5:JU 6-E: PHYSICALLY HANDICAPPED PARKING ZONE: Resolution No. 7117(CCS) entl.tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE ADJACENT TO 140 PACIFIC STREET", was adopted. 6-F: EXECUTIVE PAY PLAN: Resolutl.on No. 7118(CC3) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN", was adopted, thereby amendl.ng Resolutl.on No. 7058(CCS) and provl.dl.ng for a long term dl.sablllty elIminatIon perIod of SIxty days. I 6-H: DAMAGED SIDEWALKS , DRIVEWAYS, AND CURBS: Re solutIon No. 7120(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-85-73)", was adopted, settl.ng a publlC hearIng for December 10, 1985. 6-J: PREFERENTIAL PARKING ZONE: OrdInance No. 1346(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238E TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE E", Introduced November 12, 1985, was adopted, thereby establlshing PreferentIal ParkIng Zone E on 25th Street between San Vl.cente Boulevard and Carlyle Avenue. 6-K: VESTING TENTATIVE MAPS: OrdInance No. 1347(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9325 TO THE SANTA MONICAL MUNICIPAL CODE TO PROVIDE FOR VESTING TENTATIVE MAPS", lntroduced November 12, 1985, was adopted. 6-L: CONVENTION AND VISITORS BUREAU: A recommendatl.on was approved authorlZl.ng an amendment to the by-laws of the Santa Monica ConventIon and Vlsitors' Bureau regardIng appOIntments to the Board of Dlrectors. 6-M: DC-3 AIRPLANE 50TH ANNIVERSARY: A recommendation was approved to co-spon sor Wl th McDonnell Doug las Corpora tlon and Douglas Museum the 50th Anniversary ceremony of the famous DC-3 aIrplane and declare the week beglnnl.ng December 15th as DC-3 Week In Santa Monlca. 6-N: PREFERENTIAL PARKING ZONE: A r ecommendatlon was approved I to lnstruct the Cl ty Attorney to prepare an ordl.nance establIshlng a preferentlal parkl.ng zone on Hill and Raymond Streets between Llncoln Boulevard and Seventh Street, and to increase budgeted revenue ln account 01-902-029-000-000 by $750.00. 6-0: BUS CLEANING: A recommendatl.on was approved to reJect B & W Service Industrles' Bl.d No. 2016 for inter lor bus cleanlng serVlces and to explore other less costly alternatlves. 5 November 26, 1985 I I .j:J.L 6-P: LOADER/BACKHOE: A recommendatIon was approved to award Bid No. 2019 to Eberhard Equipment in the amount of $37 J 922.52 to purchase one new loader/backhoe for the Water DIvision. 6-Q: DUPLICATING PAPER SUPPLIES: A recommendatIon was approved to award Bld No. 2032 to Klrk Paper Company and UnIsource Corporation at unIt prlces bid for dupllcatlng paper supplles for varIOUS City Departments for the period December 1J 1985 through November 30J 1986. 6-R: JANITOR IAL PAPER SUPPL IES: A recommendation was approved to award BId No. 2031 to Unlsource Corporation and Gale Supply at unit prIces bId for JanitorIal paper supplies for varlOUS Cl ty Departments for the period December 1 J 1985 through November 30 J 1986. 6-S: UNIFORM SERVICES: A recommendation was approved to award BId No. 2011 to L & N UnIform Supply Co., Inc., for uniform serVIces at unit prIces bid for varIOUS City Departments for the perlod from December 1, 1985 through June 30, 1987 and two one-year optIons at the same prices, terms, and condItions. 6-T: LOCAL COASTAL PROGRAM: A recommendatIon was approved to adJust Fiscal Year 1985-86 revenue and expenditure approprIation and Inter fund transfer accounts to lnclude grant funds awarded by the Coastal CommIssion for the Local Coastal Program. 6-U: FIRE TRUCK: A recommendation was approved to adopt ResolutIon No. 7122 (CCS) entl tled : It A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AUTHORIZING AND DIRECTING EXECUTION OF A PURCHASE AGREEMENT, APPROVING A PRELIMI NARY OFFICIAL STATEMENT AND AUTHOR 12 I NG AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO'!; awardlng Contract No. 4616(CCS) beIng a trust agreement With First Interstate Bank of Callfornla as Trustee and California Cl ties FInanc lng Corpor at lon; and Contrac t No. 4617 (CCS) be ing a lease agreement WIth CalifornIa Cltles FInanclng Corporatlon. END .OF CONSENT CALENDAR 6-A: APPROVAL OF MINUTES: Presented for approval were the mInutes of the City Council meetings held on November 5, November 12, and November 19, 1985. Councllmember Epstein moved to approve the mlnutes of November 5 and November 19, 1985 as presented J and the mlnutes of November 12, 1985, corrected on page 2, Item P A-1, to read IT... a d Irectl ve to the At torney for the Authority to report at a subsequent meeting on appropriate actIons to correct the record of prevlous Authorl ty actIon'l. Second by Mayor Reed. The motlon was unanimously approved. 6-G: UNDERGROUND UTILITY DISTRICT: Presented was a staff report transmittIng a resolutlon setting a publiC hearIng for December 6 November 26, 1985 .J:J':: 10, 1985, to establIsh an underground utility district on 16th Street from Sunset Avenue to MarIne Street and on Marine Street from 17th Street to Paula DrIve. Councilmember Jennings stated he wIll abstaIn from votIng due to conflIct of Interest. Councllmember EpsteIn moved to approve ResolutIon No. 7119(CCS), I entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING, DESIGNATING THE CERTAIN AREA BOUNDED BY SUNSET AVENUE, MARINE STREET, 17TH STREET AND PAULA DRIVE AS AN UNDERGROUND UTILITY DISTRICT, ORDERING THE REMOVAL Of POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES THEREFROM, AND ORDERING THE UNDERGROUND INSTALLATION OF WIRES AND fACILITIES FOR SUPPLYING ELECTRIC, AND SIMILAR OR ASSOCIATED SERVICES", readIng by tItle only and waIVIng further readIng thereof, thereby settIng a publIC hear Ing for December 10, 1985. Second by Counc Ilmember lane. The motIon was approved by the fOllOWIng vote: CounCIl vote: AffIrmatIve: CouncIlmembers Conn, EpsteIn, A. Katz, H. Katz, lane, and Mayor Reed AbstaIn: Councllmember JennIngs 6-1; WA1.:ER MANAGEMENT: Presented was a staff report transmitting a resolutIon settIng a public hearIng for December 10, 1985, on the Urban Water Man ag emen t PI an for the CI ty. Councllmember lane Introduced dISCUSSIon. DIScussion was held. Councllmember Zane moved to ask staff to proceed WIth the approprIate and reqUIred publIC hearIngs but that the Urban Water Management Plan for the CIty be expanded and the hearIng subsequently held on ISsues pertaInIng to water quaIl ty and new sources. Second by CouncIlmember A. Katz. DiSCUSSIon was held. Counc llmember EpsteIn moved a sub st It ute motIon to adopt Re solut ion No. 7121Tccs) enti tl ed : II A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR COMMENTS TO THE URBAN WATER MANAGEMENT PLAN FOR THE CITY OF SANTA MONICA", readIng by tItle only and waIVIng further readIng thereof, settIng a public hearing on December 10, 1985, and dlrectlng staff to report on December 10, 19B5 about appropriate and cost-effective ways of meetIng communIty concerns WIth respect to water quaIl ty and new supplIes. Second by Councilmember H. Katz. CouncIlmember lane accepted the substitute motIon as a reformulation of hIS motlon. Councllmember Zane's motIon, as artIculated by Councllmember Epsteln, was approved by the follOWIng vote: CounCIl vote: UnanImously approved 7-0 I 8-A/6-V: PUBLIC DANCE HALLS: Presented was a staff report transmItting an ordInance for IntroductIon and fIrst readIng regarding public dance halls, and a staff report regarding the impact of the proposed ordInance. DISCUSSIon was held. At 8:31 P. M., the publIC hearIng was declared open. There beIng no one WIshIng to speak, CouncIlmember EpsteIn moved to close the publIC 7 November 26J 1985 I I ~:,j hearIng. The motIon was duly seconded and unanImously approved. Councllrnember Conn moved to lntroduce for first readIng an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6240F OF THE SANTA MONICA MUNICIPAL CODE REGARDING PUBLIC DANCE HALLS", readIng by title only and waiVing further readIng thereof. Second by Councllmember Epstein. The motIon was approved by the followIng vote: Council vote: UnanImously approved 7-0 8-B: MASSAGE ESTABLISHNENT REGULATIONS: Presented was a staff report (as arnen-ded) transmittIng an ordInance for introductIon and first readIng amending Chapter 12 of ArtIcle VI of the MunICIpal Code relating to regulatlon of massage establIshments and technICIans. DISCUSSIon was held. At 8:37 P.M., the public hearIng was declared open. Councllmember Epstein moved to limit speakers to three minutes aplece. The motion was du~seconded. DIScussion was held. The motIon faIled on a vote of three to four. Discussion was held. Members of the public Robert Davis, Fred Campbell, Garnet DUPUIS, Ginger Clark, Stuart Barasch, Ev el yn Lehner, St eve Bankes, Char 1 es 31 emers, and Randy Ro zet, spoke regardIng amendments to the ordInance. DurIng the publiC hearIng, Councilmember Conn moved to waIve the rules and llmit the comments of the publIC speakers to three mInute S each In order to complete thIS publIC hearIng and refer the matter back to the CIty Attorney for reVlSlon and another hearing. Second by Councllrnember H. Katz. The motion was approved by unanImous vote. DISCUSSIon was held. At 9:~7 P.M., there belng no one else wlshlng to speak, Councllmember EpsteIn moved to close the publIC hear Ing. Second by Counc Ilmember Conn. The motion was unanImously approved. Councllmember EpsteIn moved to contInue thIS Item With dIrection to the City Attorney to meet WIth the varlOUS legltlmate massage people that came here tonIght or theIr representatIves, and to make approprIate changes, partIcularly addreSSIng the question of educatIonal reqUIrements and outcall. DISCUSSIon was held. Second by Councllmember H. Katz. DISCUSSIon was held. The motIon was unanImously approved. A recess was held at 10:20 P.M. reconvened WIth all members present. At 10:30 P.M., CounCIl 8-C: IN-LIEU FEE OF CERTAIN ON-SITE INCLUSIONARY HOUSING: Presented was a staff report transmlttlng an ordlnance for introductIon and fIrst readIng establIshlng an In-lleu fee option for certaIn programs of the HOUSIng Element and Land Use and CIrcul at lon El emen ts. DI scuss lon was held. Counc Ilmember EpsteIn moved to continue the Item to the first meeting In January, Including Mayor Reed 1 s suggestIon of referral to the PlannIng Commission and adVISIng them of the schedule for the next conSIderatIon of the ordInance. Second by Councllmember H. Katz. DISCUSSlon was held. Member of the pUblIC PhIllip Coombs spoke regardlng tIme constraInt wIth regard to hIS fIve-year 8 November 26, 1985 354 condomInIum prOject and provIding In-lieu fees. Discussion was held. WIth the concurrence of the second, Councllmember Epstein moved to amend hIS motIon, to direct the CIty Attorney to Include In deed restrIctIons on small housIng projects (nine unIts or less) appropr 1 ate language to allow applIc an ts to benefIt from the ordinance If It IS adopted next year. DISCUSSIon was held. The motIon was approved by unanImous vote. 8-D: UNDERGROUNDING-9E-UTILITIES: Presented was a staff report transmItting an ordInance for IntroductIon and fIrst readIng addIng MunICIpal Code Section 7913 to provIde addItIonal means of enforcing property owners' dutIes regardIng undergroundlng of utIlItIes. DISCUSSIon was held. At 10:41 P.M., the publIC hearIng was declared open. There beIng no one WIshIng to speak, a motIon to close the publIC hearIng was made by Councllmember EpsteIn, seconded by CouncIlmember Conn, and carrIed unanImously. CouncIlmember EpsteIn moved to Introduce the ordInance for fIrst readIng entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7913 OF THE MUNICIPAL CODE TO PROVIDE AN ADDITIONAL MEANS OF ENFORCING UNDERGROUNDING OF UTILITIES", readIng by tItle only and waIVIng further readIng thereof. Second by CouncIlmember lane. DI SCUSSIon was held. The motIon was approved by the follOWIng vote: CounCIl vote: UnanImously approved 7-0 8-E: UTILITY USERS TAX REFUND: Presented was a staff report transmitting an ordInance for IntroductIon and fIrst readIng amendIng MunICIpal Code SectIon 6632 authorIZIng refund of UtIlIty Users Tax. DISCUSSIon was held. At 10:45 P.M., the pUblIC hearing was declared open. There beIng no one WIshIng to speak, a motIon was made by CouncIlmember Epstein, seconded by Councllmember Conn, and approved by unan Imous vote to close the publIC hearIng. Councllmember EpsteIn moved to Introduce the ordInance for fIrst readIng entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6632 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO REFUNDS OF THE UTILITY USERS TAX", reading by tItle only and waIVIng further readIng thereof. Second by CouncIlmember H. Katz. The motion was approved by the follOWIng vote: CounCIl vote: UnanImously approved 7-0 I 8-F: CERTIFICATES OF APPROPRIATENESS OF LANDMARKS: Presented I was a staff report transmIttIng an Emergency OrdInance for IntroductIon and adoptIon addIng SectIon 9620 to Santa MonIca MuniCIpal Code to prOVIde for extenSions of CertIfIcates of ApproprIateness of Landmarks. DiSCUSSIon was held. At 10: 47 P. M., the publIC hear Ing was d ecl ared open. Ther e beIng no one WI shlng to spe ak, Counc Ilmember lane moved to close the publIC hear Ing. Second by Councllmember Conn. The motion was unanimously approved. Councllmember lane moved to Introduce and adopt Ord Inanc e No. 1348 (CCS) entl tled : "AN ORDINANCE OF THE 9 November 26, 1985 I I 355 CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9620 TO THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR EXTENSIONS OF CERTIFICATES OF APPROPRIATENESS AND DECLARING AN EMERGENCY", readIng by tItle only and waIVIng further readlng thereof. Second by Councllmember H. Katz. The motIon was approved by the folloWIng vote: Council vote: UnanImously approved 7-0 1 O-A: LOW AND MODERATE INCOME HOUSING: Presented was a staff report from the Housing CommissIon recommendIng dIrectIon to staff to analyze current houslng needs of low and moderate Income reSIdents and to update the Cl ty' S hOUSIng assIstance strategy. DISCUSSIon was held. Councllmember A. Katz moved to dIrect staff to do an analYSIS as IndIcated In- the staff report. Second by Councllmember Zane. The motIon was approved by unanImous vote. 11-A: PI CO NEIGHBORHOOD HOUSING FUND: See Item RA-2. 11-8: AFFIRMATIVE ACTION: Presented was a staff report recommendIng approval of 1985-86 AffIrmatIve ActIon Plan Update . 01 ScuSSlon was held. Counc Ilmember Conn moved to receIve the report, to send a copy of the fIve-year and ten-year trend data to Nat Tr 1 v es and John Alschuler wIth a cover letter from the Mayor, and to Include two suggestIons from the Personnel Board to be consIdered or proposed as programmatIc goals at the 1986-87 budget tIme, namely: 1) a management traInee program for protected classes WIthIn the CIty, and 2) traInIng superVIsors to work cross culturally. Second by Councllmember H. Katz. DIScussIon was held. The motIon was approved by the follOWIng vote: CounCIl vote: AffIrmatIve: Councllmembers Conn, JennIngs, A. Katz, H. Katz, Zane and Mayor Reed NegatIve: Councllmember Epstein Councllmember EpsteIn requested the record to reflect the follOWIng: "That although I support equal opportunIty and outreach and a VIgorous antI-dIscrImInatIon POlICY, I contInue to oppose the numerical quotas WhICh I belIeve are implIed by thIS pI an. I belIeve they ar e soc Iolog Ically unreallst~c, they are InconSlstent WIth the American tradItIon of competItIon based on Indlvldual merit rather than group membership, and they are constItutIonally suspect and InconSIstent wlth the spIrIt of the CIVIl serVIce system." At 11:00 P.M., Councilmember Conn moved to extend the meetIng to 12 mIdnIght. The motIon was approved by a vote of fIve to two. 11-C : RELOCATION/DEMOLITION OF LANDMARK AT 1438 SECOND STREET: Presented was a staff report recommendIng adoptIon or---a resolutIon extendIng the tIme perIod for exerclsing a CertIfIcate 10 November 26, 1985 356 of ApproprIateness for relocation or demolition of Rapp Saloon, a CIty Landmark, at 1438 Second Street. DIscussion was held. CouncIlmember A. Katz moved to adopt ResolutIon No. 7123 (CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE TIME FOR EXERCISING CERTIFICATE OF APPROPRIATENESS LC-03-002-1 FOR THE REMOVAL OR DEMOLITION OF THE I RAPP SALOON FOR AN ADDITIONAL 180 DAY PERIOD", readIng by title only and waiVIng further reading thereof. Second by CouncIlmember H. Katz. The motIon was approved by the follOWIng vote: CounCIl vote: UnanImously approved 7-0 11-D: REQUEST FOR CLOSED SESSION: evenIng. ConSIdered later 1n the 12-A: AUTO REPAIR FACILITY AT 401 BROADWAY: Presented was an appeal of PlannIng Commlsslon denlal of Development ReVlew 302, proposlng an expanslon of an auto repalr facIllty at 401 Broadway. Appllcant: James Mount for Grigsby AutomotIve. Appellant: Councllmember Herbert Katz. A staff report was presented recommendlng approval of the appeal and adoptIon of specIflc flndings and condItIons. DISCUSSIon was held. The appllc an t, Mr. James Mo unt, reque sted approval for thI s proJ ect wi th certaIn modIfIcatIons In the staff report. DI SCUSSlon was held. Councllmember H. Katz moved to approve the appeal, reverse the PlannIng CommiSSIon's deCIsion WIth the condltlons and findIngs of the PlannIng CommlSSlon, WIth the exception that both billboards should be removed, and that on Item No.2, the ARB shall reVlew the flnal deSIgn of the Fourth Street end of the project to ensure that the Intent of the Land Use Element POlICY 3.3.A, WhICh prOhIbIts onslte parkIng at the street frontage be met, be removed. Second by Councllmember EpsteIn. DISCUSSIon was held. CouncIlmember H. Katz Incorporated Into the motIon Councllmember EpsteIn's suggestIon that a provlso comment addressing the removal of the slgn to the extent conSIstent WIth State law be added In the motlon. The motIon to uphold the appeal Wl th the changes as noted was approved by the follOWIng vote: CounCIl vote: UnanImously approved 7-0 13-A: STREET LIGHT ASSESSMENT PASS-THROUGH: Presented was the request of John Jurenka to address CounCIl regardIng street lIght I assessment pass through allowed by the Rent Control Board. John Jurenka spoke regarding the Rent Control Board declslon on the pass through, and requested that property owners be allowed to have a role In deCISlon-maklng affectIng propertIes. DISCUSSIon was held. Mayor Reed requested staff to report on the representatIons that were made at the time the CounCIl adopted the related enabllng ordlnances. 11 November 26, 1985 I I 357 13-B: PROPOSED RTD BUS YARD LOCATION: Presented was the request of Jean Sed1llos, represent1ng Concerned Homeowners of Santa Monica, to address Council regardlng the proposed RTD bus yard locat1on. Donna Al v arez, represent1ng Concerned Homeowners of Santa Mon1ca, spoke regard1ng the res1dents' Oppos1t1on to the RTD locatlon and asked Councll to pass a zonlng ordlnance addressing their concerns. D1Scusslon was held. Councllmember Epsteln moved to ask staff to report on whether any kind of 1nterim or emergency ord1nance 1S feas1ble and approprlate to deal w1th the spec1al offlce dlstrlct or llmlting non-use. Second by Councllmember H. Katz. D1SCUSSlon was held. The motlon was approved by unanlmous vote. 13-C: CARPET REMNANTS DISPLAY: Presented was the request of George Dubl€cki of Home Carpet Company to address Councll regardlng dlsplaYlng carpet remnants ln parklng lot. George Dub1eck1 requested Councll approval on dlsplaY1ng carpet remnants ln parklng lot for more V1Slblllty. D1SCUSSlon was held. Councllmember Epsteln moved to recelve and file the commun1catlon. Second by Counc1lmember Conn. The mot1on was approved by unanlmous vote. At 12:01 A.M., Councllmember Conn moved to extend the meet1ng to 12:30 A.M. Second by Mayor Reed. Councllmember Epste1n moved a substltute mot1on to cont1nue the remalnlng agenda 1tems to 7:30 P.M., Tuesday, December 10th. The motlon falled for lack of a second. The motlon to extend the meeting was approved by a vote of flve to two. 14-A: LA TIND HEALTH FAIR: Presented was the request of Mayor Reed to dlSCUSS a request from the Latlno Resource Organlzatlon for the C1ty to co-sponsor the Fourth Annual Lat1no Health Falr and to wa1ve fee for use of Vlrg1n1a Park Recreatlonal BUlld1ng on Apr 11 12, 1986. Counc llmember Conn moved to approve the request of the Latlno Resource Organlzatlon to cosponsor the Fourth Annual Lat1no Health Fa1r and to wa1ve the fee for use of the V1rg1nla Park Recreatlonal BUlldlng on Aprll 12, 1986. Second by Counc1lmember Epsteln. The mot1on was approved by unanlmous vote. 14-8: SEWER USE RS REGULATIONS: Pr esented was the reque st of Mayor Reed to dlSCUSS author1zat1on for C1ty Attorney to proceed Wl th draftlng an ordinance incorporatlng lndustrlal pretreament regulatlons for the sewer users pursuant to the agreement Santa Monlca has made wlth the Clty of Los Angeles. Councllmember Conn moved to approve author1zatlon for the Clty Attorney to draft an ordlnance incorporat1ng lndustrlal pretreatment regulat10ns for sewer users. Second by Councllmember Epste1n. The motlon was approved by unanlmous vote. 14-C: LAWSUIT RE PLAYA VISTA: The request of Councllmember Epsteln to dlSCUSS authorlzatlon of a lawsu1t agalnst Los Angeles regardlng Playa Vlsta was consldered 1n Closed Sess1on. 12 November 26, 1985 358 14-D: ZONING ORDINANCE: Presented was the request of Councllmember EpsteIn to dISCUSS the schedule for preparatIon of the ZonIng OrdInance. Councllmember EpsteIn moved to ask staff to report at el ther the December 10th or December 17th meetIng to gIve Council and the publIC an estImate of what the tIme lIne IS for the ZonIng OrdInance. Second by Councllmember Conn. The motIon was unanImously approved. 14-E: ANTENNA DISHES: Presented was the request of Councllmember-H. Katz to dISCUSS draftlng an InterIm or emergency ord In ance regard ing antenna dIshes. Gounc llmember H. Katz introduced dIScussIon and moved to Instruct staff to prepare an emer gency ord inance reg ardlng an tenna d lshe s. Second by Counc llmember A. Katz. The mot Ion passed by a vote 0 f four to three. Councllmember EpsteIn moved to communIcate to the PlannIng Commlsslon and to staff the CouncIl's concern regardIng antenna dIshes and to report to CouncIl by the fIrst meetIng In January. Second by Councllmember H. Katz. The motion was unanImously approved. 14-F: HOMELESS RECOMMENDATIONS: Presented was the request of Gouncllmember A. Katz to dISCUSS progress concernIng recommend atlons regardIng the homeless presented to the Gounc 11 by the Westslde Shel ter Co all tlon. Counc Ilmember A. Katz Introduced discussIon regardIng the status of the working group on the homeless and theIr recommendations. DIScussIon was held. Councllmember A. Katz moved to defer thIS Item to the begInnIng of the Agenda on December 10th and to request staff to report on the recommend atlon s 0 f the Homel ess WorkIng Group. The motIon was duly seconded and unanImously approved. At 12:15 A.M., a motIon was made, seconded and approved by a vote of fIve to two to adJourn to Closed SessIon. I 11-D: CLOSED SESSION: Presented was a request for Closed SessIon for the purpose of consIderIng personnel matters and threatened Ilgl tatlon, pendIng lItIgatIon, and lItIgatIon to be commenced by the CI ty. At 12: 15 A. M., Councllmember EpsteIn moved to adJourn to Closed SessIon to conSIder the followIng pend lng cases: Call forn la Av la tlon v. C1 ty 0 f Santa MonIca, Un I ted States Dl str lC t Court Ca se No. CV 84-6985 (CMB) (BX) and Lo sAng el es Super lor Court Ca se No. C 306538; CI t Y 0 f Santa Monica v. CIty of Los Angeles (Proposed LItIgatIon); Santa MonIca MunIcipal Employees ASSOCIatIon v. Cl ty of Santa Monica, Los I Angeles Superior Court Case No. C 562708; MIlton v. CIty of Santa MonIca, Santa MonIca SuperIor Court Case No. WEC 78193; Mendoza v. CIty of Santa MonIca SuperIor Court Case No. WEC 78928; Baker v. CIty of Santa Monica, Court of Appeal Case No. 2d CIV. No. B015599, Santa MonIca SuperIor Court Case No. WEC 059251. Second by Councllmember Conn. The motion to hold Closed SeSSIon was approved by a vote of fIve to two. At 12:31 A.M., CounCIl reconvened WI th fIve members present, Counc Ilmember s Conn and EpsteIn absent. 13 November 26, 1985 . I I Councllmember H. Katz moved to approve settlement in the case of Mendoza v. C1 ty in the amount of $7,500. Second by Mayor Reed. The motion was approved by the followIng vote: Councll vote: Aff1rmat1ve: Councilmembers Jennlngs, A. Katz, H. Katz, Zane and Mayor Reed Absent: Councllmembers Conn, Epstein Councllmember JennIngs moved to approve settlement 1n the case of MIlton v. C1ty 1n the amount of $15,000. Second by Mayor Reed. The mot1on was approved by the followIng vote: CouncIl vote: Aff1rmatIve: Councllmembers JennIngs, A. Katz, H. Katz, Zane and Mayor Reed Absent: Councllmembers Conn, Epstein Councllmembers Conn and EpsteIn entered at 12:33 A.M. ADJOURNMENT: At 12:34 A.M., Councllmember Epste1n moved to adjourn the meeting 1n memory of Wallace Hllls Carter, longtlme Santa Mon1ca resident, and UCLA Professor Melv1lle B. Nimmer. Second by Councilmember Conn. The mot1on was approved by unanImous vote. ATTEST: CL 7;7-,f,{cvL{ APPROVED: ~~~Lh f2~ / Ann M. Shore Clty Clerk Chr1stIne E. Reed Mayor 14 November 26, 1985