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M-4/28/1987 (3) I CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 28, 1987 A meeting of the Santa Monica city Council was called to order by Mayor Conn at 7: 35 p.m. on Tuesday, April 28, 1987, in the Council Chambers. Mayor Conn led the assemblage in the pledge of allegiance to the United States of America. Reverend Regina R. Young, Phillips Chapel Christian Methodist Episcopal Church, offered the invocation. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz Councilmember David B. Finkel councilmember william H. Jennings Councilmember Alan S. Katz (entered at 7:42 p.m.) Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. shore 4-A: PRESENTATION OF EMPLOYEE SERVICE PIN: Mayor Conn announced that an employee service pin will be presented to Fire captain Larry Larson for 20 years of service to the City. Also Present: 4-B: SERVICE RECOGNITION: Mayor Conn presented plaques to the following in recognition of their past service to the city: Sam steinberg, Electrical Board of Appeals; Larry Israel, Planning Commission; Russell Latimer, Planning Commission. 4 -C : RECOGNITION OF CONTEST WINNERS NAMING NEW AIRPORT ROAD: Mayor Conn officially recognized and presented pins to the following winners in the contest to name the new airport road: General Public Winners: Rose Marie Layman, Donna M. Alvarez, sally J. Fischer; Student Winners: Lisa Kaplan, Nina Berkson, Jackson swingler, Isaac Rau, Michael Hurtado, Alana Lah, Amber Walters, Johnny Navarro, and Vanessa Villegas; and to the teachers who encouraged the students: Paula J. Freimund, Carol Timmerman, Margaret Freeman, Cynthia MCClish, and Barbara conrady. 4-D: TREE CITY U.S.A. AWARD: Mayor Conn officially received the Tree City USA Award and acknowledged receipt of the award with a letter of appreciation to the National Arbor Day Foundation. 4-E: TUBEROUS SCLEROSIS WEEK: Mayor Conn officially proclaimed May 3 through 9, 1987, to be "Tuberous Sclerosis Week" in the city of Santa Monica. HOUSING AUTHORITY MEETING 1 April 28, 1987 301 A special meeting of the Housing Authority was called to order by Chairperson Conn at 7:55 p.m. Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herb Katz Authority Member David B. Finkel Authority Member William H. Jennings Authority Member Alan S. Katz Authority Member Christine E. Reed Authority Member Dennis Zane Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers City Clerk Ann M. Shore I HA-l: RENTAL HOUSING CONSTRUCTION PROGRAM PROJECT/1937 18TH STREET: Presented was a staff report transmitting a resolution authorizing the execution of and amendment to the standard Agreement related to the operational phase of the State of California I s Rental Housing Construction Program of the Rental Housing Construction Program (RHCP) project owned and managed by Community Corporation of Santa Monica at 1937 18th street. Authority Member Zane moved to adopt Housing Authority Resolution No. 27 (HAS) entitled " A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA, AUTHORIZING THE EXECUTION OF THE STANDARD AGREEMENT AND ANY AMENDMENTS THERETO AND RELATED DOCUMENTS FOR THE IMPLEMENTATION AND PARTICIPATION IN THE OPERATIONAL PHASE OF THE STATE OF CALIFORNIA I S RENTAL HOUSING CONSTRUCTION PROGRAM," reading by title only and waiving further reading thereof. Second by Chairperson Pro Tempore H. Katz. The motion was approved by the following vote: Authority Vote: Unanimously approved 7-0 ADJOURNMENT: At 7:59 p.m., Housing Authority meeting. unanimously approved. a motion was made to adj ourn the The motion was duly seconded and CITY COUNCIL/REDEVELOPMENT AGENCY/PARKING AUTHORITY: A special joint meeting of the City council, Redevelopment Agency, and Parking Authority was called to order by Mayor Conn at 8:00 p.m. Present: Chairperson James P. Conn Chairperson Pro Tempore Herb Katz Agency Member David B. Finkel Agency Member William H. Jennings Agency Member Alan S. Katz Agency Member Christine E. Reed Agency Member Dennis Zane Roll Call of Redevelopment Agency: 2 April 28, 1987 I 302 Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore RoJl Call of Parking Authority: Present: Chairperson James P. Conn Chairperson Pro Tempore Herb Katz Authority Member David B. Finkel Authority Member William H. Jennings Authority Member Alan S. Katz Authority Member Christine E Reed Authority Member Dennis Zane Also Present: Execurity Secretary John Jalili Authority Attorney Robert M. Myers City Clerk Ann M. Shore RA-l: APPROVAL OF MINUTES: Presented for approval were the Redevelopment Agency minutes of March 10, 1987 . Agency Member Zane moved to approve the minutes as presented. Second by Member Reed. The motion was approved by unanimous vote. CC/RA/PA-2: AIR-RIGHTS/PARKING LOT THREE AT 1121-35 3RD STREET/SENIOR HOUSING: Presented was a staff report recommending certification of the environmental declaration, adoption of resolutions regarding transfer, and authorization of appropriations and execution of an option agreement regarding the sale of air-rights over Parking Lot Three at 1121-35 3rd Street for development of senior housing, contingent on the receipt of a section 202 Loan to the Retirement Housing Foundation. Discussion was held. The public hearing was declared opened. Joy Fullmer spoke to request revision of HUD income requirements, smaller unitsl and against locating senior housing in the downtown area. Leonard Gross, represent ing the Commission on Older Americans, spoke in support of the staff recommendation. There being no one else wishing to be heard, the public hearing was declared closed. Councilmember Zane moved to: (1) Certify the Initial Study and Negative Declaration for the senior housing projectl the City Council finding that they have reviewed and considered the environmental documentation in connection with its determination of whether or not to approve the project; (2) adopt Resolution No. 7405(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TRANSFERRING PROPERTY OF THE PARKING AUTHORITY TO THE CITY," reading by title only and waiving further reading thereof, authorizing the transfer of property at 1121-35 3rd street owned by the Parking Authority to the City, subject to RHF's receipt of a section 202 loan commitment; (3) adopt Resolution No. 7406 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING AN AGREEMENT TO SELL AIR RIGHTS OVER PROPERTY AT 1121-35 THIRD STREET TO RETIREMENT HOUSING FOUNDATION1" reading by title only and waiving further reading thereof 1 authorizing the sale of the air-rights to RHF, subject to RHF's receipt of a section 202 loan 3 April 281 1987 303 commitment, compliance with the prov1s1ons of the Subdivision Map Act Sections 66410 et. seq., and execution of a Development and Disposition Agreement; and (4) authorize the City Manager to execute Contract No. 4903 (CCS), an option agreement to provide RHF the exclusive right to purchase the air-rights of Parking Lot Three for the development of senior housing. Second by Councilmen\ber Reed. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Parking Authority Member Zane moved to adopt Resolution No. 20l(PAS) entitled: IIA RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA TRANSFERRING PROPERTY OF THE PARKING AUTHORITY TO THE CITY," reading by title only and waiving further reading thereof, authorizing the transfer of property at 1121-35 Third Street by the parking Authority to the City, subject to RHF's receipt of a Section 202 loan commitment. Second by Member Reed. The motion was approved by the following vote: Authority vote: Unanimously approved 7-0 Redevelopment Agency Member Zane moved to increase the appropriation authority in the CHARP accounts by a total of $77,094 as follows: 16-720-264-000-942, $39,594; 18-720-264-128-942, $27,375; and 18-720-264-129-942, $10,125; and encumber and authorize the expenditure of up to $90,000 in Redevelopment Agency funds from CHARP for the payment of predevelopment expenses on the project from the following account numbers: 16-720-264-000-942, $39,706; 18-720-264-128-942, $14,856.50; and 18-720-264-129-942, $35,437.50. Second by Member Reed. The motion was approved by the following vote: Agency vote: Unanimously approved 7-0 CC/PA-3: LANDSCAPE MAINTENANCE SERVICES/PARKS AND PARKING AUTHORITY SITES: Presented was a staff report recommending that Bid No. 2093 be awarded to California Landscape Maintenance Inc. to provide landscape maintenance services for one year, $60,300 for Recreation and Parks Department sites and $11,400 for Parking Authority Sites. Councilmember Reed moved to award Bid No. 2093 to California Landscape Maintenance Inc. in the amount of $60,300 for the Parks Division, Recreation and Parks Department, for a one-year period including two additional one-year options, as the lowest and best bidder. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Parking Authority Member Reed moved to award Bid No. 2093 to California Landscape Maintenance Inc. in the amount of $11,400 for the Parking Authority for a one-year period including two additional one-year options, as the lowest and best bidder. Second by Chairperson Pro Tempore Katz. The motion was approved by the following vote: 4 April 28, 1987 I I 304 Authority vote: Unanimously approved 7-0 CC/RA-4: OCEAN PARK BEACH IMPROVEMENT PROJECT/OCEAN VIEW PARK: Presented was a staff report recommending appropriation of addi tional funds to complete the Ocean Park Beach Improvement Project and to construct accessibility improvements in Ocean View Park. Discussion was held. Councilmember Reed moved to approve the staff recommendation, thereby increasing the General Fund appropriation authority for the existing Ocean Park Beach Improvement proj ect accounts as indicated in the staff report dated April 28, 1987 i further to request that staff return to Council when they have a design they can show on the fence and report on the dimensions of the problems they are addressing that necessitates the fence. Second by Mayor Pro Tempore H. Katz. Councilmember Finkel moved a substitute motion that, with respect to the aesthetics of the fence, staff consult with the Arts Commission before they report back. Second by Mayor Conn. During discussion, Councilmember Reed accepted the substitute motion as an amendment to the main motion. Discussion was held. The motion as amended was approved by the following vote: Council vote: Unanimously approved 7-0 (Note: See minutes of May 5, 1987, for Redevelopment Agency action. ) ADJOURNMENT: adjourned. At 8:40 p.m., the special joint meeting was REGULAR CITY COUNCIL MEETING RECONVENED CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Mayor Pro Tempore H. Katz moved to approve the Consent Calendar with the exception of Items 6-L, 6-S, 6-X, and 6-Y, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: council vote: Unanimously approved 7-0 6-A: MINUTES: The minutes of March of 17, 1987 and March 24, 1987, were approved. 6-B: FINAL TRACT MAP 44741/927 5TH STREET: Resolution No. 7407 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 44741," for a six-unit condominium project at 927 5th Street, was adopted. 6-C: FINAL 20TH STREET: OF THE CITY APPROVING A MAP 44173/TENANT-PARTICIPATING CONVERSION AT 2446 ReSOlution No. 7408 (CCS) entitled: "A RESOLUTION COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND FINAL SUBDIVISION MAP FOR TRACT NO. 44173" was 5 April 28, 1987 305 adopted, approving Tract No. 44173 for a six-unit tenant-participating conversion TPC-018 at 2446 20th street. 6-D: PIER CAROUSEL BUILDING/NATIONAL HISTORIC LANDMARK: Resolution No. 7409 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING A BRONZE PLAQUE IDENTIFYING THE SANTA MONICA PIER CAROUSEL BUILDING, ORIGINALLY NAMED LOOFF HIPPODROME, AS A NATIONAL HISTORIC LANDMARK" was adopted, thereby identifying the Santa Monica pier Carousel Building as a National Historic Landmark. 6-E: FINAL MAP 44072/TENANT PARTICIPATING CONVERSION AT 2516-2518 VIRGINIA AVENUE: Resolution No. 7410 (CCS) entitled: II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 44072" was adopted, approving Tract No. 44072 for a ten-unit tenant-participating conversion TCP-019 at 2516-2518 Virginia Avenue. 6-F: FINAL TRACT MAP 44704/1128 17TH STREET: Resolution No. 7411 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 44704," for a five-unit condominium project at 1128 17th Street, was adopted. 6-G: FINAL TRACT MAP 44147/944 9TH STREET: Resolution No. 7412 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 44147," for a seven-unit condominium project at 944 9th Street, was adopted. 6-H: FINAL TRACT MAP 17954/1217 22ND STREET: Resolution No. 7413 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 17954," for a four-unit condominium project at 1217 22nd Street, was adopted. 6-1: FINAL MAP 44293/TENANT-PARTICIPATING CONVERSION AT 2525 14TH STREET: Resolution No. 7414 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 44293" was adopted, approving Tract No. 44293 for a seven-unit tenant-participating conversion TPC-029 at 2525 14th Street. 6-J: PIER PARKING LOT/SUMMER RATES: Resolution No. 7415 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 2A OF RESOLUTION NUMBER 5421 (CCS) INCREASING PARKING LOT RATES ON THE SANTA MONICA PIER AND FINDING THAT PARKING LOT RATE INCREASES ARE EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" was adopted, increasing the maximum rate for the Santa Monica pier parking lot during the summer season. 6-K: THE COASTAL RESOURCES BOND ACT OF 1988: Resolution No. 7416 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE 6 April 28, 1987 I I 306 CITY OF SANTA MONICA IN SUPPORT OF ASSEMBLY BILL 639, THE COASTAL RESOURCES CONSERVATION BOND ACT OF 1988,11 was adopted. 6-M: STREETLIGHT ASSESSMENTS: Resolution No. 7418(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING PUBLIC HEARING FOR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR INSTALLATION OF STREETLIGHTS ON HILL STREET BETWEEN 23RD AND 25TH STREETS; YALE AND HARVARD STREETS BETWEEN COLORADO AND SANTA MONICA BOULEVARD; 9TH, 12TH, AND PRINCETON STREETS BETWEEN WILSHIRE BOULEVARD AND SANTA MONICA BOULEVARD; AND FRANKLIN STREET FROM WILSHIRE TO APPROXIMATELY 1800 I NORTHWESTERLY" was adopted, setting a public hearing for May 26, 1987. 6-N: SIDEWALKS, DRIVEWAYS, AND CURBS: Resolution No.7419{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-87-98)" was adopted, setting a public hearing for June 9, 1987. 6-0: CABLE TELEVISION FRANCHISE: Ordinance No. 1407(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 13 TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT AND GRANTING OF FRANCHISES OR PRIVELEGES FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF CABLE COMMUNICATIONS OR CABLE TELEVISION SYSTEMS AND FURTHER PROVIDING FOR THE CONTINUING REGULATION AND ADMINISTRATION OF THESE FRANCHISES AND THE ACTIVITIES RELATIVE TO THEM" was adopted, having been introduced March 24, 1987. 6-P: PREVAILING WAGE/APPRENTICESHIP LAW: Ordinance No. 1408(CCS) entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 4A TO ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A PREVAILING WAGE AND APPRENTICESHIP LAW" was adopted, having been introduced March 24, 1987. 6-Q: COLORADO AVENUE RECONSTRUCTION: A recommendation to widen Colorado Avenue between 9th and 19th Streets from 55 feet to 60 feet curb-to-curb was approved. 6-R: BUS CLEANING SERVICES: A recommendation to award Bid No. 2099 to Sardo Bus & Coach Upholstery at specified unit prices and two one-year options to provide bus cleaning service was approved. 6-T: AIRPORT NOISE MONITORING SYSTEM: A recommendation to award Bid No. 2102 to Tracor Applied Sciences Inc. in the amount of $190,741.50 to furnish and install an Airport Noise Monitoring System for the Airport Department was approved. 6-U: TRANSPORTATION DEPARTMENT/VENTILATING SYSTEM: A recommendation to award Bid No. 2103 to Western Allied Service at specified unit prices for monthly maintenance of heating, 7 April 28, 1987 307 ventilating and air conditioning Department was approved. 6-V: FAIRVIEW LIBRARY/REPLUMBING: A recommendation to award Contract No. 4904(CCS) in the amount of $18,672 to J. Holder Co. for replumbing of the Fairview Branch Library and to authorize the City Engineer to issue any necessary change orders to complete additional work in conformance with the Administrative Instructions was approved. for the Transportation 6-W: UNDERGROUND STORAGE TANK RETROFIT: A recommendation to award Contract No. 4905(CCS) in the amount of $98,759 to Charles E . Thomas Company to retrof it 15 City-owned underground tanks and to authorize the city Engineer to issue any change orders necessary to complete additional work as required in an amount not to exceed the funds available in conformance with the Administrative Instructions was approved. 6-Z: MUNICIPAL PIER RECONSTRUCTION: A recommendation to authorize the City Manager to negotiate and execute Contract No. 4906(CCS) in the amount of $224,500 with Theodore E. Anvick and KaplanjMcLaughlin/Diaz to provide architectural and engineering services for the reconstruction of the Municipal Pier and to authorize the appropriate accounting transfers was approved. 6-AA: NEWCOMB PIER RECONSTRUCTION: A recommendation to authorize the City Manager to negotiate and execute Contract 4907 (CCS) for an amount not to exceed $176, 460 wi th Concept Marine Associates to provide construction management services for the reconstruction of Newcomb pier was approved. 6-BB: RECYCLING BUYBACK CENTER: A recommendation to authorize the city Manager to Negotiate and execute Contract 4908(CCS) and lease agreement with Ecolo-Haul, Inc. for operation of a recycling Buyback Center and for purchasing recyclable materials collected by the City was approved. END OF CONSENT CALENDAR 6-S: TREATED LUMBER: A recommendation to award Bid No. 2100 to Southland Lumber and Supply Co. Inc. in the amount of $24,119.59 to furnish and deliver treated lumber for the Pier Management Department was withdrawn at the request of staff. 6-L: COUNCIL RULES OF ORDER Presented was a staff report recommending approval of a resolution establishing revised rules of order and procedures for the conduct of city Council meetings. Discussion was held. Councilmember Reed moved to approve the staff recommendation, thereby adopting Resolution 7417 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Herb Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8 April 28, 1987 I I 308 6-X: MAIN LIBRARY REMODEL: Presented was a staff recommendation to reject all bids and authorize staff to readvertise for the remodel of the Main Library. Discussion was held. Member of the public Daniel Kaufman requested that Council award the bid to H. A. Kaufman Company, the lowest bidder. Discussion was held. Councilmember Reed moved to confirm the lowest bidder and direct that the appropriation of $170,000 (the approximate difference between the low bid and the city Engineer's estimate) come from the General Reserve Fund. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Jennings, H. Katz, Reed, Mayor Conn Negative: councilmembers Finkel, A. Katz, Zane Councilmember Zane moved the staff recommendation to reject the bids and rebid the project. Second by Councilmember Finkel. The motion was approved by the following vote: council vote: Affirmative: councilmembers Finkel, Jennings, A. Katz, Zane Negative: Councilmembers H. Katz, Reed, Conn 6-Y: MAIN STREET TROLLEY: Presented was a staff report recommending approval of authorizations and appropriations to continue operation of the Main street Trolley through the end of Fiscal Year 1987-88. Discussion was held. Mayor Conn moved to continue the project with $20,000 to the end of the current fiscal year, make the appropriate accounting transfers, authorize the city Manager to negotiate and enter into an agreement to operate and maintain the trolley service for the period May 1, 1987 through June 30, 1987, and including in the motion Councilmember Finkel's direction to staff to look into alternative-fuel vehicles. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: council vote: Unanimously approved 6-0 Absent: Councilmember Zane 7 -A: AMENDMENTS TO GENERAL PLAN LAND USE ELEMENT AND ZONING DISTRICT MAPS: Presented was a staff report and public hearing regarding the resolutions certifying the Environmental Impact Report and approving proposed amendments to the General Plan Land Use Element and the Zoning District Maps reclassifying certain proj ects in the vicinity of st. John 's Hospital and Health Center. Councilmember Zane withdrew from discussions due to a conflict of interest. Discussion was held. The public hearing was declared opened. Sherman L. Stacey, on behalf of st. John's Hospital and Health Center, and Paul Rosenstein, President of Mid-City Neighbors, spoke in support of the staff recommendation. Neal Richman, Director of Community Corporation, spoke regarding affordable housing. There being no one else wishing to be heard, 9 April 28, 1987 309 the public hearing was declared closed. Councilmember Reed moved to approve the staff recommendation, thereby adopting Resolution No. 7420(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT EIA-828 ON ZONE CHANGES AND ASSOCIATED PROJECTS PROPOSED BY SAINT JOHN'S HOSPITAL AND HEALTH CENTER," and Resolution No. 742l(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING GPA-04, AN AMENDMENT TO THE LAND USE AND I CIRCULATION ELEMENT MAP OF THE SANTA MONICA GENERAL PLAN, " reading by title only and waiving further reading thereof, and directing the City Attorney to prepare an ordinance adopting Zoning District Amendments 26 and 27 . Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Reed, Mayor Conn Abstain: councilmember Zane 7-B: STREETLIGHT ASSESSMENTS: Presented was a staff report and public hearing on the formation of a Streetlight Assessment District for 33rd Street from Pearl to Ocean Park; 5th Street from Pacific to Strand; 18th street from California to Wilshire Place North; 19th Street from California to Wilshire; 11th Street from Washington to Idaho; 23rd Street from pico to Pearl; and Al ta from 4th street to First Court. The public hearing was declared opened. Lawrence Brown spoke against the assessments and expressed concern that senior citizens cannot afford them. Ani ta wai tz spoke in support of the assessments but expressed concern regarding the amounts. There being no one else wishing to speak, the public hearing was declared closed. Discussion was held. Councilmember Zane moved to acknowledge protests and approve the staff recommendation, thereby adopting Resolution No. 7422 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND ORDERING WORK ON 33RD STREET FROM PEARL TO OCEAN PARK, 5TH STREET FROM PACIFIC TO STRAND, 18TH STREET FROM CALIFORNIA TO WILSHIRE PLACE NORTH, 19TH STREET BETWEEN CALIFORNIA AND WILSHIRE BLVD., 11TH STREET FROM WASHINGTON TO IDAHO, 23RD STREET FROM PICO TO PEARL, AND ALTA FROM 4TH STREET TO FIRST COURT AS SET FORTH IN RESOLUTION OF INTENTION 7392 (CITY COUNCIL SERIES)," reading by title only and waiving further reading thereof, including in the motion Councilmember Reed's amendment to provide a discount policy for corner properties that have been already included in a lighting assessment district for one side of the property, with this to be a uniform policy for all future assessment districts. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Finkel requested that it be stated publicly and for the record that relief for assessments is available to senior citizens and to those of low- or moderate-income. 10 April 28, 1987 I 310 7-C: STREETLIGHT ASSESSMENTS: Presented was a staff report and public hearing on the confirmation of assessments for the La Mesa streetlight system replacement. The public hearing was declared opened. John Atkins indicated that the lighting is not sufficient to light his property and requested that the assessment be reviewed. There being no one else wishing to be heard, the public hearing was declared closed. Mayor Pro Tempore H. Katz moved to acknowledge protests and approve the staff recommendation, thereby adopting Resolution No. 7423 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT FOR LA MESA, II reading by title only and waiving further reading thereof. Second by Councilmember Jennings, who asked that the record reflect that the streetlighting was chosen by the residents. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-D: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff report and public hearing on assessments of costs to repair damaged sidewalks, driveways, and curbs at various areas in the City (SR-S7-97). The public hearing was declared opened. There being no one wishing to be heard, the pUblic hearing was declared closed. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 7424 (CCS) , entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-87-97), reading by title only and waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Reed moved to hear Items 11-A, Il-B, 12-A, the '131 items, 14-M, hold a Closed Session, and to continue the remaining items to 7:30 p.m., Tuesday, May 5, 1987. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. II-A: BEACH FOOD CONCESSIONS: Presented was a staff report recommending that the City Manager be authorized to issue a new Request for Proposals to operate beach food concessions. Discussion was held, including participation by Doug Ring representing McDonald's. Councilmember Jennings moveQ to approve the staff recommendation, thereby authorizing the city Manager to issue a new Request for Proposals to operate the beach food and beverage concessions and to negotiate and execute any necessary agreement with McDonald 1 s Corporation to insure continuous food service during the summer of 1987. Second by Councilmember Zane, with the caveat that staff is assured in the contract with McDonald's that full service will be provided during the summer. Discussion was held. At 11: 00 p.m., Mayor Pro Tempore H. Katz moved to extend the meeting to 12:00 p.m. Second by Councilmember Reed. The motion was approved by unanimous vote. 11 April 28, 1987 311 Mayor Pro Tempore H. Katz moved a substitute motion that McDonald's be held to their contract and, if they do not open, signs be placed on the stands stating that McDonald I s did not adhere to their contract and will not open to serve the public. Second by Councilmember Reed. Discussion was held. The substitute motion failed by the following vote: council vote: Affirmative: Councilmembers H. Katz, Reed Negative: Councilmembers Finkel, Jennings, A. Katz, Zane, Mayor Conn Councilmember Reed moved an amendment to the main motion that staff be directed to include in the RFP language which essentially requires that food containers used in food stands be biodegradable. Second by Councilmember A. Katz. The motion failed by the following vote: Council vote: Affirmative: Councilmembers A. Katz, Reed, Zane Negative: Councilmembers Finkel, Jennings, H. Katz, Mayor Conn Councilmember Finkel requested that the record show that the reason for his no vote is that he believes the stipulation should be included in the RPF as a desirable, not a mandate. Councilmember A. Katz moved to include in the RFP that the use of biodegradable containers at the 5i tes be strongly encouraged. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 The main motion was approved by the following vote: council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmember Reed 11-B: MOVIE THEATER DEVELOPMENT: Presented was a staff report recommending that Council direct the Planning commission to review and comment within 45 days concerning options regarding movie theater development. Discussion was held. The following members of the public spoke in support of the staff recommendation to locate new theaters in the downtown area: Manfred Schlosser, Randi Johnson, Barbara Zheutlin, Susan Webster, Bill Putnam, Pat Miller, Jean Sedi11os, Phill Jackson, M. Brourman, Michael Perlman, stuart Ziff, Sandy Andrews, Jack Baptista, Kelly R. Olsen, Gordon Payne, Geraldine Moyle, Tom Kingsley, Bill Spiegel, Paul Rosenstein, Mindy Payne, Patrick Smith, Henry Custis, and Laurel Roennau. Douglas Lowe and Chris Harding spoke regarding the impact that a change in the zoning ordinance may have on development now under way at 234 pico 12 April 28, 1987 I I 312 Boulevard. Zora Margolis expressed concern regarding the politics of neighborhood interests versus those of developers. Councilmember Zane moved to approve the staff recommendation with one addition, that "or 12 screens" be added to recommendation number I, thereby directing the Planning commission to review and comment within 45 days concerning the following zoning and policy options: (1) Allow cinema use, as of right, in the Third street Mall Special Plan Area. When more than 4,000 or 12 screens are developed, future development of theaters will be subj ect to a Conditional Use Permit. (2) Allow new movie theater development by Conditional Use Permit in the remainder of the downtown area. (3) Allow existing theaters to remain, but prohibit new cinema development in other areas of the city. Second by Councilmember A. Katz. Mayor Pro Tempore H. Katz moved an amendment to set an effective notice date of April 28, 1987. Second by Councilmember Reed. Discussion was held. A motion to extend the meeting to 1: 15 a. m. was made, seconded, and unanimously approved. The amendment was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Conn Negative: Councilmembers Finkel, Zane Councilmember A. Katz moved an amendment to ask the Planning Commission to consider the appropriate treatment for "neighborhood" theaters away from the downtown area, the one-screen type of theater with 650 seats or less, adding Councilmember Reed's request that the Planning CommiE~sion examine whether or not video theaters should be included in the whole schema. Second by Councilmember Reed. councilmember Jennings moved a substitute to the amendment that "cimena" and "movie" be defined to include video theaters. Second by Councilmember Finkel. Councilmember Zane accepted the amendment to the main motion as friendly. During discussion, Councilmenlber A. Katz removed the reference to video theaters from his amendment. The motion died for lack of a second. Discussion was held. The main motion as amended was approved by the following vote: Council vote: Affirmative: Councilmember Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Negative: Councilmember Finkel Councilmember Finkel stated that the reason for his no vote is that implicit within the passage of this motion is the keeping open the possibility of a theater on pico and Main. He is opposed to that and believes the Council should go on record as being against it. 11-C: REFUSE COLLECTION/DISPOSAL RATES: A recommendation to adopt a resolution to increase refuse collection and disposal rates and direct staff to explore forming a consortium with other cities regarding solid waste disposal problems was continued to May 5, 1987. 13 April 28, 1987 313 11-D: CLOSED SESSION: Held later in the evening. 12-A: TENTATIVE PARCEL MAP/CONDITIONAL USE PERMIT/2225 4TH STREET: Presented was the appeal of Planning Commission condition of approval of Tentative Parcel Map 18025 and Conditional Use Permit 435 regarding construction of a two-unit condominium townhouse in conjunction with an existing grocery I store at 2225 Fourth Street. The public hearing was declared opened. Councilmember A. Katz moved that the hearing be continued to May 5, 1987. Second by Councilmember Reed. The motion was unanimously approved. I3-A: HEALTH PROBLEMS OF HOMELESS: The request of Morris Silverstein to address Council regarding health problems of homeless persons was continued to May 5, 1987. 13-B: PUBLIC TRANSPORTATION SERVICE: Presented was the request of Anoush Zehtab to address Council regarding obtaining exclusive rights to provide public transportation service. Mr. Zehtab spoke regarding Obtaining exclusive rights to provide public transportation service. 13-C: WEED ABATEMENT/REFUSE CONTAINER ORDINANCES: The request of Michael Minufo to address Council regarding enforcement of weed abatement and refuse container ordinances was continued to May 5, 1987. 13-D: HOUSING COMMISSION: Presented was the request of Donna Dailey Alvarez to address Council regarding her possible resignation as Housing Commissioner. Ms. Alvarez spoke regarding her possible resignation as Housing Commissioner due to an apparent conflict of interest. Council requested Ms. Alvarez to meet with City Attorney staff to work out a resolution of the conflict. 13-E: BIKE/SKATE RENTAL BUSINESS: Presented was the request of Joey Harris to address Council regarding a bike and skate rental business near the bike path. Mr. Harris requested that Council address the Parks and Recreation Department to allow bidding for such a proposal. Discussion was held. Councilmember Zane moved to direct staff to evaluate the appropriateness of the project and appropriate sites and report back to Council. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-A: HOUSING COMMISSION: The matter of appointing a member to the Housing Commission was continued to May 5, 1987. 14-8: RENT CONTROL LEGISLATION: The request of councilmember Finkel to discuss opposition to AB 2260 opposing rent control and SB 1646 allowing vacancy decontrol, and support of AB 1270 exempting new construction from rent control and AB 2082 regarding maximum rents was continued to May 5, 1987. 14-C: PLANNING COMMISSION: The matter of appointing members to the Planning Commission was continued to May 5, 1987. 14 April 28, 1987 I '<:: 314 14-D: AIRPORT COMMISSION: The matter of appointing a member to the Airport commission was continued to May 5, 1987. 14-E: ELECTRICAL BOARD OF APPEALS: The matter of appointing a member to the Electrical Board of Appeals was continued to May 5, 1987. 14-F: PIER RESTORATION CORPORATION: The matter of acceptance of a letter of resignation from Cheryl D. Rhoden from the pier Restoration corporation was continued to May 5, 1987. 14-G: PUBLIC COFFEE/COUNCIL MEETINGS: The Councilmember Finkel to discuss instituting providing coffee for the public during council continued to May 5, 1987. request a policy meetings of of was 14-H: LANDMARKS COMMISSION: The matter of acceptance of a letter of resignation from Howard Van Amstel from the Landmarks Commission was continued to May 5, 1987. 14-1: TRAVEL FUNDS: The request of Counci1member discuss use of travel funds to attend the National Seminar on June 1-5, 1987, was continued to May 5, 1987. Reed to Security 14-J: COUNCIL MEETING PRAYER: The request of Councilmember Finkel to discuss the Council's present policy of starting Council meetings with prayer was continued to May 5, 1987. l4-K: SPONSORSHIP/"0NE THOUSAND CRANES II : The request of Councilmember Finkel to discuss sponsoring a performance of "One Thousand Cranes," a play about nuclear anxiety, was continued to May 5, 1987. 14-L: BOARD/COMMISSION ATTENDANCE POLICY: The request of Mayor Conn and Counci1member Reed to discuss redefinition of the Board/Commission attendance policy was continued to May 5, 1987. l4-M: COMMERCIAL RENT CONTROL LEGISLATION: Presented was the request of Mayor Conn to discuss Council's taking a position on SB 692, whiCh would prevent local jurisdictions from enacting and enforcing commercial rent controls. Mayor Conn opened discussion. Councilmember Reed moved that Council make the distinction that it is not attempting to support commercial rent control but rather is attempting to preserve its land-use regulatory powers, and that is the direction that the legislative consultant and any councilmembers who go to testify should get. Discussion was held. Councilmember Finkel moved a substitute motion to take the position only on the issue raised by Mayor Conn, to give direction to the lobbyist to monitor the bill, oppose it, and if necessary to testify against it, and to forego taking any position on the question of connnercial rent control until the lobbyist has been consulted regarding its potential impact with respect to other pieces of legislation of concern to the Council. Discussion was held. The substitute motion was approved, Councilmember Reed abstaining. 15 April 28, 1987 315 14-N: DOWNZONING OF OCEAN PARK: The request of Mayor Conn to discuss downzoning of Ocean Park was continued to May 5, 1987. 14-0: COMMISSION ON OLDER AMERICANS: The Mayoral appointment of David Finkel as co-liaison to the Commission on Older Americans was continued to May 5, 1987. 15: PUBLIC INPUT: Continued to May 5, 1987. I 11-C: CLOSED SESSION: Presented was the request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city. At 1:40 a.m., Council adjourned to Closed Session to consider the following cases: In re California Aviation, Inc., united States Bankruptcy Court Case No. 86-23264-JDi Shapiro v. City of Santa Monica, Los Angeles Superior court Case No. C 74433 i Tallmadge v. City of Santa Monica, united states District Court of Appeal court Case No. CV 86-2717 TJH (MCX) ~ and Claim of Laurie Rocha, Santa Monica Claim No. ASM 86-150. At 1:56 a.m., Council reconvened with six members present, Councilmember Zane absent. Mayor Conn moved to grant City Clerk Ann Shore leave of absence from May through July 1987, and to appoint Donna Betancourt as Acting City Clerk at the "C" step of the city Clerk salary. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane The Closed Session was continued to May 5, 1987, to consider the remaining items. ADJOURNMENT: At 2: 00 a.m., Councilmember A. Katz moved to adjourn the meeting to 7:30 p.m., Tuesday, May 5, 1987, to consider the following items: 11-C, 11-D, 12-A, 13-A, 13-C, l4-A through 14-L, 14-N, 14-0, and 15. Second by Councilmember Reed. Adjournment was made in memory of Henry C ta and Cart 11 "Macl1 McCarns. Second by councilmember Re d. e mo, as approved by unanimous vote. ( ATTEST: ~ 7J;xf-k~_ Ann M. Shore City Clerk 16 April 28, 1987