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M-3/26/1985 I09 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 26 I 1985 A meetIng of the Santa Monica City CouncIl was called to order by Mayor Reed at 7: 35 P. M., on Tuesday, March 26, 1985 I in the Council Chambers. Councl1member Zane led the assemblage In the pI edge of allegIance to the Un i ted St a tes of America. Reverend WillIam Sturgeon, Centinela BaptIst Church, offered the Invocation. Roll Call: Present: Mayor ChristIne E. Reed Mayor Pro Tempore WIllIam H. JennIngs Councilmember Ken Edwards Councllmember Dav~d G. EpsteIn (entered at 8:08 P.M.) Councllmember Herbert Katz Councllmember DennIS Zane CIty Manager John Jal111 CIty Attorney Robert M. Myers CIty Clerk Ann M. Shore Absent: Councllmember James P. Conn Councl1member Katz moved to add Item 14-D to the agenda. Second by Councilmember Zane. The motion was approved by unanImous vote. CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL JOINT MEETING A speCIal JOInt meeting of the C1 ty Council and Redevelopment Agency was called to order by ChaIrperson Reed at 7:36 P.M. Roll Call: Present: Chairperson ChrIstine E. Reed Chairperson Pro Tempore WIlliam H. Jennings Agency Member Ken Edwards Agency Member Herbert Katz Agency Member DenniS Zane Executive Director John Jalill Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore Absent: Agency Member James P. Conn Agency Member DaVId G. Epstein March 26 I 1985 I I I I llO CC/RA-1: APPROVAL OF MINUTES: Presented for approval were mInutes of the Redevelopment Agency meeting held March 12 J 1985. Ae;ency Member Ka tz moved to approve the m~nutes as presented. Second by Chairperson Pro Tempore Jennings. The motion was approved by unanimous vote WI th Chairperson Reed absta1ning due to her absence from the meet1ng, Agency Members Conn and Epstein absent. CC/RA-2: OCEAN PARK BEACH IMPROVEMENTS PLAN: Presented was a staff report recommending authorlzat1on to SOlIcit blds for construction of the Ocean Park Beach Plan and On-Site Permanent Park. D1Scussion was held. Member of the publIC Wayne Hall spoke regarding envIronmental safety of park patrons. DIScussIon was held. Agency Member Edwards moved to approve the staff recommendation, thereby requestIng the CIty to advertIse and SOIICI t bids of constructIon for the Ocean Park Beach Plan and On-31 te Permanent Park and undertake constructlon of the Ocean Park Beach Plan and On-Si te Permanent Park and authoriZIng the Redevelopment Agency to re1mburse the C1 ty for its share of construction costs. Second by Agency Member Zane. The motIon was approved by the fOllowing vote: Agency Vote: UnanImously approved 5-0 Absent: Agency Members Conn and EpsteIn Councllmember Edwards moved to approve the staff recommendatIon, thereby authorizing CIty staff to advertIse and solICIt bIds of construction for the Ocean Park Beach Plan and On-SIte Permanent Park, subject to reImbursement from the Redevelopment Agency. Second by Councllmember Katz. The motIon was approved by the follOWIng vote: COUDCll Vote: Unanimously approved 5-0 Absent: Councllmembers Conn and EpsteIn ADJOURNMENT OF REDEVELOPMENT AGENCY Agency Member Zane moved to adJourn MeetIng. Second -ny-Agency Member Katz. by unanimously vote. MEETING: At 7:46 P.M., the Redev elopmen t Agency The motlon was approved REGULAR CITY COUNCIL MEETING - RECONVENED 4-A: GENERAL SERVICES DEPARTMENT EMPLOYEE RECOGNITION AWARDS: Mayor Reed presented General Services Department Employee RecognItion Awards to LInda Childers, WIlliam Penney, EddIe Greenberg and WIllIam Martln for outstandIng department serVlces. 6. CONSENT CALENDAR 2 March 26, 1985 III The Consent Calendar was presented whereby all Items are considered and approved in one motion unless removed from the Calendar for dIScussIon. Councllmember Katz moved to approve the Consent Calendar wi th the exception of Items 6-D t 6-E t 6-F and 6-1. Second by Counc Ilmember Zane. The motIon wa s approved by the following vote: CouncIl Vote: UnanImously approved 5-0 Absent: CounCllmembers Conn and Epstein 6-A: APPROVAL OF MINUTES: The m1nutes of March 12, 1985, were approved as presented. 6-B: PROCLAMATIONS 6989(CCS) entitled: CTIY OF SANTA MONICA LOCAL EMERGENCY," was OF LOCAL EMERGENCY: Resolution "A RESOLUTION OF THE CITY COUNCIL OF PROCLAIMING THE CONTINUED EXISTENCE OF adopted. No. THE THE 6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 6990(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-85-61)," was adopted settIng a public hearIng for AprIl 23, 1985. 6-G: TRANSIT BUSES: SUbJect to wrItten approval from UMIA, BId No. 1986 was awarded to DIesel DIvisIon, General Motors of Can ad a , in the amount 0 f $ 1 , 976 t 3 81 for pur c has e of 11 trans it buses and authorIzation was given to the Ci ty Manager to enter Into Contract No. 4429(CCS) wIth General Motors for thIS purchase and to d1spose of 11 buses beIng replaced by publIshing such in appropriate publIcations, invIting bIds and awardIng to the hIghest bId or bIdders. 6-H: POWER SWEEPER: Bid No. 1992 was awarded to Hako Minuteman 1n the amount of $16,825.94 for purchase of a power sweeper for PIer OperatIons DiVIsIon. 6-J: CITY HALL ACCESSIBILITY MODIFICATION WORK: A change order In the amount of $6,860.39 was approved to B.G. ConstructIon Contract No. 4179(CCS) to complete CIty Hall accessibilIty modifIcatIon work. END OF CONSENT CALENDAR 6-D: FAIR HOUSING MONTH: Presented was a staff report transmittIng a resolution proclaImIng AprIl as Fall" HousIng Month. Mayor Reed Introduced dIScussIon. Councilmember Katz moved to adopt ResolutIon No. 6991(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE 3 March 26, 1985 I I I I 112 MONTH OF APRIL AS 'FAIR HOUSING MONTH' FOR THE YEAR 1985," reading by title only and waiVIng further readIng thereof. Second by Counc Ilmember Zane. The motion wa s approved by the followIng vote: Council Vote: Unanimously approved 5-0 Absent: Councllmembers Conn and Epstein 6-E: EARTHQUAKE PREPAREDNESS WEEK: Presented was a staff report transmitting a resolutIon declarIng AprIl 15-20, 1985, as Earthquake Preparedness Week. Mayor Reed Introduced dISCUSSIon. Councilmember Katz moved to adopt ResolutIon No. 6992(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING EARTHQUAKE PREPAREDNESS WEEK," reading by tItle only and waIving further reading thereof. Second by Mayor Reed. The motlon was approved by the folloWIng vote: CounCIl Vote: Unanlmously approved 5-0 Absent: Councllmembers Conn and EpsteIn 6-F: SUBPOENA REGULATIONS: Presented was a staff report transmIttlng an ordInance for adoptIon and second readIng amendIng and addIng Sections of the Munic1pal Code relatlng to subpoen as, 1n troduced March 12, 1985. DI SCUSSlon wa s held. (Councllmember Epstein entered the Chambers at 8:08 P.M.) Councllmember Katz moved to return the matter to the City Attorney to gIve sufflcient tIme for him to respond to the concerns raised during dIScussion and also for the Rent Control Board to amplify on theIr March 26, 1985, memorandum on the subject transmItted to CounCIl through the City Attorney, and to address the n in e points as presented in Mr. Tom Nl t tIt s paper submitted at the meetlng. Second by Mayor Reed. Further dISCUSSIon was held. The motion was approved by the following vote: CounCIl Vote: AffIrmatIve: Councllmembers Edwards, Epstein, JennIngs, Katz and Mayor Reed Abstain: Councllmember Zane Absent: Councllmernber Conn 6-1: SANTA MONICA BAY WATER QUALITY: Presented was a staff report transmIttIng updated informatIon on the matter of water quality in Santa Monica Bay. Mayor Reed Introduced dISCUSSIon and dIstrlbuted a report entItled "Ocean Dumping Under Los Angeles Regional Water QualIty Control Board Permit: A Review of Past Pr ac tlces , Po ten tIal Adverse Impacts, and Recommendat ions 4 March 26, 1985 113 for Future Ac tIon, tI prepared by the Call forn ia Regl.onal Water Quality Control Board, Los Angeles Regl.on. Dl.SCUSSlon was held. 7 -A: GUTTER CONSTRUCTION & STREET RESURFACING DISTRICT: Presented was a staff report regardl.ng a publl.c hearl.ng on I establl.shlng a gutter construction and street resurfacl.ng dl.strict on varIOUS City streets. The public hearlng was declared open at 8:39 P.M. There being no on Wl.ShIng to speak, Councilmember Katz moved to close the public hearl.ng at 8:40 P.M. Second by Mayor Reed. The motl.on was approved by unanl.mous vote. Councilmember Edwards moved to acknowledge that two protests were recel.ved. Second by Councl.lmember Katz. The motl.on was approved by unanl.mous vote. Di SCUSSlon was held. Councilmember Katz moved to adopt Resolution No. 6993(CCS) entitled: tlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET RESURFACING ON VARIOUS CITY STREETS ALL WITHIN THE CITY OF SANTA MONICA,tI reading by tl.tle only and wal.Vl.ng further reading thereof. Second by Mayor Reed. The motIon was approved by the followlng vote: CounCIl Vote: Unanimously approved 6-0 Absent: Councilmember Conn 8-A: UNIFORM TECHNICAL AND FIRE CODES: Presented was a staff report transmItting an ordInance for l.ntroductl.on and flrst reading adoptlng current Unlform Technical and FIre Codes and local amendments thereto. The publlC hearing was declared open at 8:43 P.M. There bel.ng no one wishing to speak, Mayor Reed d ecl ared the publIC hear Ing closed at 8: 44 P. M. DI scussion was held. Councllmember Katz moved to Introduce for fIrst read1ng an ordinance ent1 tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE UNIFORM TECHNICAL CODES AND ADOPTING THE SANTA MONICA AMENDMENTS TO THE 1982 UNIFORM TECHNICAL CODES," readIng by tltle only and waivlng further readIng thereof, amended to delete the requ1rement Qf flre retardant Sl.d ing from Dl v 1S1on 9.00, on pages 21 and 22 0 f the ordl.nance. Second by Councllmember EpsteIn. The motlon was approved by the follOWIng vote: CounCIl Vote: Unanimously approved 6-0 Absent: Councilmember Conn I 8-B: SMOKING ORDINANCE: Presented was a staff report transmltt1ng an ordinance for introduction and fIrst reading addlng Chapter 9A to Article IV of the Santa Monlca Munlcipal Code regulat1ng smok1ng in publlC places and places of employment. Councilmember Epsteln moved to hear from members of the publiC for three mInutes each: -Secorid by Councllmember Zane. 5 March 26, 1985 I I ll4 The motIon was approved by unanimous vote. DISCUSSIon was held. The publIC hearing was declared open at 8:55 P.M. The follOWIng members of the publIC spoke in support of the proposed ordinance: Dr. RIchard J. Steckel, Ahron LeIchtman, Wal t Bilofsky, Donald Nelson, Irene Peterson, Alvin Karp and Stanley Rubin. John D. Kelly spoke 1n opposit1on to the proposed ord1nance. There being no one else WishIng to speak, Councllmember EpsteIn moved to close the publIC hearing at 9: 20. p~ M. Second by Councllmember Edwards. The motIon was approved by unanimous vote. Counc ilmember EpsteIn moved to introduce for fIrst read ing an ord inanc e en ti tled: "AN ORDINANCE OF THE CITY COUNCI L OF THE CITY OF SANTA MONICA ADDING CHAPTER 9A TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE REGULATING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT," reading by tItle only and waiving further reading thereof, with amended definIt10ns of Employee and Employer and the addItion of the amount of the fIne at not more than $100 as presented In the CIty Attorney's supplemental staff report. Second by Mayor Reed. DiSCUSSIon was held. Councilmember lane moved an amendment to shorten the delay of the implementation period of the ordInance from one year to one hundred and twenty days. Second by Councilmember Edwards. Mayor Reed clarifIed the motion to indicate that the amendment shortens the time per10d for ImplementatIon of the work place requirements to one hundred twenty days. DISCUSSIon was held. The motion on the amendment was approved by the follOWIng vote: Council Vote: AffIrmatIve: Councllmembers Edwards, JennIngs, Katz and lane Epstein, Negat1ve: Mayor Reed Absent: Councllmember Conn DISCUSSIon was held. The main motion, as amended, was approved by the follOWIng vote: Council Vote: UnanImously approved 6-0 Absent: Councllmember Conn 8-C: PAWNBROKERS/SECONDHAND DEALERS: Presented was a staff report transmittIng an ordinance for Introduction and first readIng amending Chapter 8 of ArtIcle VI of the Santa Monica MunICIpal Code relatIng to Pawnbrokers and Secondhand Dealers. DiSCUSSIon was held. The publIC hearIng was declared open at 9:54 P.M. Neal Gold spoke on behalf of Art Jewelry and Loan, in support of the proposed ordinance. There being no one else WIshing to speak, Councllmember EpsteIn moved to close the public hear Ing at 9: 58 P. M. Second by Counc Ilmember Katz. The motion was approved by unanImous vote. Councllmember Edwards moved to Introduce for fIrst readIng an ordinance entitled: "AN ORDINANCE 6 March 26, 1985 115 OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 8 OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PAWNBROKERS AND SECONDHAND DEALERS," readlng by ti tIe only and wa i v ing further read Ing thereof. Second by Counc Ilmember lane. DIScusslon was held. The motion was approved by the followlng vote: Council Vote: Afflrmatlve: Councllmembers Edwards, JennIngs, lane and Mayor Reed Negative: Councllmembers EpsteIn and Katz Absent: Councllmember Conn 10-A: ARTS FOUNDATION: Presented was a staff report recommending approval of amended Bylaws and Articles of Incorporation of Santa Monica Arts Foundatlon and appolntment of Michael McCarty to flll a vacancy on the Board of Directors. Discussion was held. Councllmember Zane moved to approve the staff recommendat1on, thereby approv ing three amendments to the Bylaws of the Arts Foundation (1) changing their name to "the Arts Foundat1on of Santa Monlca, Inc."; (2) increaSing the authorlzed number of Dlrectors to a minlmum of nine and a maXlmum of fIfteen; and (3) changing the electlon and term of office of DIrectors; and, pursuant to Artlcle XI, Section 4, directing the Clty Clerk to provide written notif1cation to the Foundation of such approval; approvlng an amendment to the ArtIcles of Incorporation of the Foundation to reflect change in the Foundation name; and appointing Michael McCarty to f111 the vacancy on the Foundation's Board of Directors. Second by Councllmember Edwards. The motlon was approved by the followlng vote: Councll Vote: Unanimously approved 6-0 Absent: Councilmember Conn l1-A: CLOSED SESSION: Held later In the meetlng. 12-A: CONDOMINIUM PROJECT/2618 MONTANA AVENUE: Presented was a staff report transmitting an appeal of the dec1sion of the Planning Commlssion approving Cond1tlonal Use Permlt 375, Tentatlve Parcel Map 16767, lA4839-Y, for a three unlt condomlnlum proJect at 2618 Montana Avenue; appellants Councilmember Epstein and RlCk Jones, applIcant. DlScusslon was held. Chrlstopher Hardlng, attorney for the applicant/appellant, spoke 1n support of the staff recommendation. DlScusSlon was held. Councllmember Epsteln moved to approve the staff report and assoclated flndlngs and to grant the appeal. Second by Councllmember Katz. The motlon was approved by the followlng vote: 7 March 26, 1985 I I I - I 116 Council Vote: Unanimously approved 6-0 Absent: Councilmember Conn 13-A: CLINICAL TOXICOLOGY AND ENVIRONMENTAL MEDICINE: Presented was the request of Herbert W. Hall to address Councll regarding CI in lC al Tox 1cology and Env lronmen tal Med lC Ine. Mr. Hall spoke regardIng the responsIbility of cities to prov1de environmental health regulat10ns for publiC protection. 13-B: AUTOMOBILES IN DRIVEWAYS: Pr esen ted was the request of Warren A. Stearns to address CouncIl regarding Municipal Code Sections pertain1ng to automob1les retalned in hIS driveway. Mr. Stearns spoke to request that regulations be amended to perml t storage of automob iles on PI" i vate reslden t1al property. Discussion was held. CouncIlmember Edwards moved to receive and file the commun icatlon. Second by Councllmember EpsteIn. The motion was approved by unanimous vote. 13-C: CHILD CARE CENTER: Presented was the request of Laurle Rozet of the Child Care Task Force to address Councll to propose the old fire stat10n In Cloverf1eld Park as a future Chlld care site. Ms. Rozet spoke ln support of use of the old fire station in Cloverfleld Park f0r a child care center. DISCUSSIon was held. Councllmember Epstein moved to d1rect staff to report on the status of the development agreement (at 2701 Ocean Park Boulevard) adjacent to this property, a summary of previous work that has been done on cost and feaSIbility and suggestions on how to proceed With publIC input on thIS matter to determine 1f the proposed use or some other use is approprlate. Second by Councilmember Zane. Discussion was held. The motion was approved by unanImous vote. 14-A: INCLUSIONARY HOUSING REQUIREMENTS: Presented was the request of Councllmember Epstein to dISCUSS reconCiliation of 1nclusionary hOUSIng reqUIrements. During discussion, Councilmember EpsteIn moved to direct the Glty Attorney to prepare an lnterlm ordlnance to allow for a per unit money payment 1n lieu of on-s1te inclus10nary hOUSIng for small proJects, leaVIng the def1nition of small project and the amount of fee bl ank; staff to report on rational e for what 1 s a small Slze unlt and the amount of an appropr1ate fee. Second by Counc1lmember Katz. DiscUSS10n was held. The motIon was approved by a vote of four In favor, Gouncllmember Edwards opposed, Councllmember Zane abstalnlng, and CouncIlmember Conn absent. 14-B: SOUTHERN CALlFORNIA ASSOCIATION DUES: Presented was the request of endorsement of dues 1ncrease of SCAG. dIScussion. Mayor Reed moved to authorlze OF GOVERNMENTS (SCAG) Mayor Reed to discuss Mayor Reed Introduced communIcation to other 8 March 26, 1985 117 cIties of Counc iI's suppor t of SCAG' s proposed dues Second by Coun c IlmembeY' Za ne. Dl scussion wa s held. was approved by unanimous vote. increase. The motIon 14-C : MANDATORY OUT-PATIENT TREATMENT FUNDING: Presented was I the request .of Mayor Reed to discuss the "Mandatory Out-Patient Treatment Funding" resolution beIng conSIdered at the SCAG General Assembly an AprIl 18, 1985. DISCUSSIon was held In regard to Mayor Reed's Y'eport that the SCAG ExecutIve CommIttee approved a "Mandatory Out PatIent Treatment" Resolution for conSIderation by the SCAG General Assembly AprIl 18, 1985 and g ranted support "in concept" as we 11 as add 1 tlon of a resal ved clause to clearly state that the mandatory out-patIent treatment program be fully funded by the state ta ensure that further demands not be made an the eXIsting limIted resources devated to health care. 14-D: VIEW PROTECTION/ADELAIDE DRIVE: Presented was the request of Mayor Reed to dISCUSS view protectIon In regard to a remodel project on Adelaide DrIve. Mayor Reed Introduced dIScussion. Mayor Reed maved to authorIze staff, If necessary, ta take action in two weeks to ensuY'e that the VIew from the publIC staIrway at Fourth Street and AdelaIde DrIve not be last, and If not necessary to mave that qUIckly, that staff bring back a mare speCIfIc report, sa Council can determIne further actIons may be taken. Second by Counc llmember Ka tz. At 10: 48 P. M. , Councilmember EpsteIn departed from the daIS due to a pOSSIble conflict .of Interest regarding thIS praperty. During discussIon and with the consent of the second, Mayor Reed Included in the motIon that staff be authorIzed to act before the Caastal Cammlssion and the CIty of Los Angeles to ensure that the vlewsheds not be lost on the north side of Adelaide DrIve and staff to report back at the next meeting. Further dISCUSSIon was held. The motlan was approved by unanImous vate. 11-A: CLOSED SESSION: Presented was a request far Closed Se ss Ion far the purpase of conSIder ing per sonnel matters and threaten ed lItigation, pend 109 1 i tlgaton and Ii tl gatlan to be commenced by the CI ty. At 10: 53 P. M., Counc ilmember Katz moved ta contInue the meetIng past 11:00 P.M. and to adjourn to Closed SesSlan to consider the followIng pendIng cases: CalIfornia A VIa tlon vs. Ci ty .of San ta Man lea, Un 1 ted States DI str let Court Case No. CV 84-6985 (CMB) (Bx); Nelson vs. City .of Santa MonIca, I Cl aim No. MBL 84-10-110; Serra vs. Cl ty of San ta MonIca, Los Angel es Super lor Caurt Ca se No. C 68495 j and MooY'e vs. Santa MonIca Rent Control Baard, et al., Los Angeles SuperIor Court Case No. C 364450 (2d CIVIl B 00347). Second by CounCllmember Zane. The motlan was appraved by unanImous vote. CouncIl reconvened at 11:08 P.M., With the following members present: Counc ilmembers Edward s, Ep steIn, J enn ings, Ka tz, Zane and Mayar Reed. 9 March 26, 1985 I I 118 Councllmember EpsteIn moved to approve settlement in the case of Serra vs. CIty in the amount of $5,500. Second by Councllmember Katz. The motlon was approved by the following vote: CouncIl Vote: Unanimously approved 6-0 Absent: Councllmember Conn Councilmember Epsteln moved to approve a settlement agreement In the case of Moore vs. Santa Monlca Rent Control Board, et al., by award of Contract No. 4430 (CCS) . Second by Mayor Reed. The motion was approved by the following vote: Councll Vote: UnanImously approved 6-0 Absent: Councllmember Conn ADJOURNMENT: At 11:10 P.M., Councilmember Epsteln moved to adjourn the meetlng 1n memory of Rex Oberbeck, former Clty employee; Paul Iman, longtlme act1ve member 1n the soclal serVlce and business communlty in Santa Monica, and Mrs. Tillerson. The mot1on was duly seconded and approved by unanImous vote. ATTEST: APPROVED: (J b. f~J.I2~ Q ~r1stine E. Reed Mayor f' ) ') - / v:' n' -/1/ /_--, , (1'1 __t-/I "'-''7/ ~. ......"'. ". -- ~- ~- - "-....- Ann M. Shore CIty Clerk 10 March 26, 1985