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M-11/10/1987 81 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 10, 1987 A meeting of the Santa Monica city Council was called to order by Mayor Conn at 6:14 p.m., on Tuesday, November 10, 1987, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Councilmember David B. Finkel councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Jalili Assistant City Clerk Donna R. Betancourt SS-l: USER FEES: A study Session was held for the purpose of reviewing a report on user fees, and giving a presentation on sewer fees and proposed increases. Richard L. Pearl, representing David M. Griffith and Associates, the firm under contract to conduct the user fee study, presented an overview of the study. Discussion was held. ADJOURNMENT OF STUDY SESSION: At 7:20 p.m., a motion was made, seconded, and approved to adjourn the Study Session. CLOSED SESSION: Held later in the evening. REGULAR CITY COUNCIL MEETING: A regular meeting of the Santa Monica City council was called to order at 7:30 p.m. on Tuesday, November 10, 1987, in the Council Chambers. Councilmember Finkel led the assemblage in the Pledge of Allegiance to the United States of America. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz Councilmember David B. Finkel Councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers Assistant City Clerk Donna R. Betancourt HOUSING AUTHORITY MEETING 1 November 10, 1987 82 A special meeting of the Housing Authority was called to order by Chairperson Conn at 7:34 p.m. Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herbert 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 Assistant city Clerk Donna R. Betancourt HA-l: SECTION 8 REHABILITATION PROGRAM: Presented was a recommendation to approve an amendment to the Cooperation Agreement by and between the Housing Authority of the City of Santa Monica and the Housing Authority of Los Angeles County for the Section 8 Moderate Rehabilitation Program. Member of the pUblic Joy Fullmer expressed concern regarding the figures used by the County to determine rents. Authority Member Zane moved to approve the staff recommendation, thereby authorizing the Executive Director to execute an amendment to the Cooperation Agreement to authorize contract authority for 100 units under the Section 8 Moderate Rehabilitation Program, and to execute any and all documents necessary to submit an appl ication for funding under the Section 8 Moderate Rehabilitation Program. Second by Chairperson Pro Tempore H. Katz. The motion was approved by the following vote: Authority vote: unanimously approved 7-0 ADJOURNMENT: adjourned. At 7: 40 p.m., the Housing Authority meeting was CITY COUNCIL MEETING RECONVENED 4-A: BOARDS/COMMISSIONS: The Assistant City Clerk announced that applications are invited to fill a vacancy on the social Services Commission. 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. councilmember Reed moved to approve the Consent Calendar with the exception of Item 6-E, reading resolutions by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: 1987, were approved. City council minutes of October 21, 2 November 10, 1987 83 6- B: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS : Resolution No. 7515 (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-87-103) II was adopted, thereby setting a public hearing for December 8, 1987, on THE assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. 6-C: SALARY/PERSONNEL OPERATIONS MANAGER: Resol ution No. 7516 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF PERSONNEL OPERATIONS MANAGER" was adopted, thereby establishing the salary rate for Personnel Operations Manager and approving the new classification specification. 6-D: AIRPORT RECONSTRUCTION IMPROVEMENTS: A recommendation to approve the filing of a grant preapplication with the Federal Aviation Administration for reconstruction improvements at the Airport was approved, thereby providing for the reconstruction of approximately 1000 feet of south side taxiway, the construction of blast fences, and associated drainage and obstruction lighting. 6-F: CALIFORNIA LIBRARY SERVICES ACT: A recommendation to participate in the Universal Borrowing provisions of the California Library Services Act was approved, thereby extending direct loan privileges to eligible borrowers from all public libraries in California. 6-G: HAZARDOUS WASTE REMOVAL: Bid No. 2135 was awarded to oil Process Company at specified unit prices and a one-year renewal option to provide labor and materials to remove hazardous waste materials for the Transportation Maintenance Division. 6-H: TANDEM ROLLER: A recommendation to reject Bid No. 2141 in that it exceeds the 1987/88 budgeted amount and direct staff to rebid the tandem roller requirement for streets Division was approved. 6-I: TREE TRIMMING AND ROOT PRUNING: Bid No. 2147 was awarded to Travers Tree Service, Inc., at specified unit prices to trim and root-prune Ficus trees for the Recreation and Parks Department. 6-J: VIDEO POST-PRODUCTION SYSTEM: Bid No. 2133 was awarded to Hoffman Video Systems in the amount of $138,855.12 to furnish, deliver, and install a video post-production system for the Cable Television Administration, City Manager's Office. 6-K: ANTI-GRIDLOCK ACT OF 1987: A recommendation that no additional local ordinances be adopted to implement the Anti-Gridlock Act of 1987, inasmuch as vehicle Vehicle Code Section 22526 and SMMC sections 3328 and 3363 authorize the City 3 November 10, 1987 84 to post anti-gridlock signs at appropriate intersections, was approved. 6-L: CONVENTION AND VISITORS BUREAU FUNDING: A recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 4581(CCS) with the Santa Monica Convention and Visitors Bureau was approved, thereby increasing the city I s contribution to the Convention and Visitors Bureau from an amount equal to 12.5% of forecast Transient Occupancy Tax revenues to 15% of forecast revenues effective October 1, 1987 (City's contribution increasing to 17% effective July I, 1989); adjusting the amount paid to the Bureau upward or downward based on a review of actual reciepts after the end of each fiscal year; and specifying that the amount paid to the Bureau in anyone year will not exceed $750,000 as adjusted by a CPI factor. END OF CONSENT CALENDAR 6-E: FY 1986-87 COMPREHENSIVE ANNUAL FINANCIAL REPORT: Presented was a recommendation to receive and file the City's Comprehensive Annual Financial Report for Fiscal Year 1986-87, as required by City Charter section 1516. Discussion was held. Councilmember Zane moved to approve the staff recommendation. Second by Councilmember Reed. The motion was unanimously approved. 8-A: REPLICA FIREARMS: Presented was a staff report transmitting an ordinance for introduction and first reading adding Section 3512 to the Municipal Code to prohibit the sale of replica firearms, continued from October 27, 1987. Discussion was held. The public hearing was declared opened at 8:10 p.m. Joy Fullmer and Jack Arian spoke in opposition to the proposed ordinance; Jerry Rubin and Michele Phillips spoke in its favor. Mayor Pro Tempore H. Katz moved to hear from a member of the public submitting a late request to speak. Second by Councilmember Finkel. The motion was unanimously approved. Ben Davis spoke in opposition to the proposed ordinance. There being no one else wiShing to be heard, the public hearing was declared closed. Councilmernber A. Katz moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3512 TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE SALE OF REPLICA FIREARMS," reading by title only and waiving further reading thereof. Second by Councilmernber Finkel. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmernber Reed Councilmernber Reed requested that the record reflect her no vote is because she does not believe that an out-and-out sales ban accoropl ishes the intended purpose, which is to try to diminish the number and impact of replica firearms in the City. 4 November 10, 1987 85 councilmember A. Katz moved to inform the state Legislature, Congressman Mel Levine, the League of California cities, and the County Board of supervisors of the new ordinance, and encourage them to act likewise. Second by Mayor Pro Tempore H. Katz. The maker and second incorporated into the motion Councilmember Jennings' suggestion that a resolution be carried forward at the next annual conference of the League of California Cities, and adding the Independent cities Association and SCAG (Southern California Association of Governments) as well. Councilmember A. Katz noted that the letter writing-effort is contingent upon passage of the ordinance on second reading. The motion was unanimously approved. Councilmember Reed moved to direct staff to report to the Council on the number of gun-based arcade games on the Santa Monica Pier. Discussion was held. The motion died for lack of a second. 8-B: ALCOHOL-SERVING BUSINESSES: Presented was a staff report transmitting an ordinance for introduction and first reading extending the expiration date of Ordinance No. 1319(CCS), which established an interim conditional use permit process for alCOhOl-serving businesses. The public hearing was declared opened at 8:43 p.m. There being no one wishing to be heard, the public hearing was declared closed. Councilmember Zane moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE EXPIRATION DATE OF ORDINANCE NUMBER 1319(CCS)," reading by title only and waiving further reading thereof. Second by Councilmember A. Katz. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 In response to Councilmember Reed's comments regarding the long delay in bringing forward the new Zoning Ordinance, Councilmember Finkel stated for the record that the City has an undermanned Planning Staff, it does not have a Planning Director, and it has been living with this state of affairs for a long time; it is Mr. Finkel's understanding that these staff members will be aboard in January 1988. 8-C: HOTEL DEVELOPMENT ON MAIN STREET: Presented was an ordinance for adoption and second reading amending the text of the Comprehensive Land Use Ordinance to allow hotels as a condi tionally permitted use in certain specified areas of the "CM" Main street Special Commercial District, introduced October 27, 1987. Mayor Pro Tempore H. Katz moved to adopt Ordinance No. 1425 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE ORDINANCE BY AMENDING SECTION 9119B OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW HOTELS AS A CONDITIONALLY PERMITTED USE IN CERTAIN SPECIFIED AREAS OF THE "CM" MAIN STREET SPECIAL COMMERCIAL DISTRICT," reading by title only and waiving further reading thereof, thereby permitting hotels on a portion of Main Street between Pier Avenue and the South limits. Second by 5 November 10, 1987 86 Councilmember Reed. Discussion was held. approved by the following vote: The motion was Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Mayor Conn Negative: councilmembers Finkel and Zane councilmember Zane requested the record to reflect that he thinks this action is contrary to a commitment the City made to the neighbors of Main street in 1979, and he deeply regrets the Council taking this action. IO-A: CITY LANDMARKS: Presented was a recommendation to direct the city Attorney to prepare an amendment to Municipal Code Sections 9611.D and 96I2.L of the Landmarks Ordinance to protect designated City landmarks from demolition, continued from Item 6-N on October 27, 1987. Discussion was held. Councilmember Zane moved to hear from members of the public. The motion died for lack of a second since if approved, the item will return as an ordinance for which a public hearing will be held. Councilmember Reed moved to direct staff to prepare the ordinance amendments for the Landmarks law and return to the Council with the information which the City Attorney indicated he intends to bring (regarding economic hardship) and the city Attorney's recommendations on the recommendation of the Landmark's Commission. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 II-A: SANTA MONICA COLLEGE/PREFERENTIAL PARKING ZONE: Presented was a recommendation to instruct the city Attorney to prepare an ordinance establishing a preferential parking zone around Santa Monica College and to direct staff to prepare an environmental analysis. Discussion was held. Upon the advice of the City Attorney, Mayor Pro Tempore H. Katz withdrew from the discussion and vote due to a possible conflict of interest. The following members of the public spoke in favor of the proposed ordinance: Lynn Washington, Sanford Berlove, Lee Morris, Frank Bourgholtzer, Sheila Williams, Phyllis Kaspars, Lorraine Simonton, Gerald Kissler, Harold Z. Buck, Andrew Walker, Ani ta walker, Nancy Dwyer, Dennis Dwyer, Bart Cannistra, Jim Shannahan, Phil Harnage, Nathaniel Greenberg, Sharon Krimmel, Arnold Lessing, John Moody, Mary Coulson, Maria Flores, Dennis Orlando, Tare Carreon, Jack Campbell, Cheri Dickinson, Richard Dickinson, Angela de Mott, Jon Kaunetz, Henry Ben-Zvi, Dale Fulkerson, Daniel COIner, Heinz Ziegler, Dayle Squire, David Thompson, Jay Perini, Don Murchie, Linda Vaughan, Carol Kurtz, Bill Putnam, Duke Kelso and Regula Ziegler. The following spoke in opposition: Carole Currey, James Bambrick, Ruth Logan, David Melnick, John Toivonen, Randall Lawson, June steel, Lee Vazquez, and Morry Hermon. Betsy Hiteshew spoke in support of a partnership between the City and College to alleviate the parking problem~ Ron Guercio expressed concern regarding the merchants on Pico and Ocean Park Boulevard, 6 November 10, 1987 87 and also suggested changing the hours of preferential parking on nights of sporting events. Councilmember Reed moved to hear from members of the public submitting late requests to speak. Second by Councilmember Zane. The motion was unanimously approved. Councilmember A. Katz moved to extend the meeting to midnight. The motion was seconded and unanimously approved. Mark Ebert, Joe Hartnett and Matt Vaughan spoke in support of the proposed ordinance. Discussion was held. Dr. Richard L. Moore, President of the Santa Monica Community College District, was present to respond to questions on behalf of the College. Councilmember Zane moved to approve the staff recommendation, thereby instructing the City Attorney to prepare an ordinance establishing a "No Parking, 8 a. m. to 8 p. m., Weekday" preferential parking zone in the area bounded by 14th Street, pico Boulevard, 17th Street, Delaware Avenue, 20th Street, Pico Boulevard, 23rd street, Pearl street, 21st street, Ocean Park Boulevard, and 14th Street~ instructing staff to continue working with Santa Monica College staff and area residents to implement the other elements of the parking program as described in the staff report dated November 10, 1987; and instructing Planning staff to undertake the necessary environmental analysis of the proposed district as well as the 30 block study area (detailed in the staff report); with the additions that Council encourage the development of plans to encourage bicycle use, and to direct staff to include for further study the blocks of Grant and Pearl streets between 14th and Euclid Streets for the earliest possible inclusion in this district. Second by Councilmember A. Katz. Councilmember Reed moved an amendment to include investigating changing the times for preferential parking to 5:00 p.m. on Friday, in recognition of the fact that there are no night classes on Friday. The amendment was accepted as friendly by the maker and the second, with direction to staff to comment on possible enforcement problems. During discussion, the maker and second incorporated into the motion Councilmember Reed's suggestion that staff study changing the time parameters (7:30 a.m. to 7:30 p.m. except on Friday, which would be 7:30 a.m. to 5:00 p.m.) in the EIR examination. Discussion was held. The motion as amended was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, Reed, Zane, Mayor Conn Abstain: Mayor Pro Tempore H. Katz 11-B: LAND USE PLAN OF THE LOCAL PROGRAM: Presented was a recommendation to adopt a resolution adopting the Land Use Plan of the Local Coastal Program as amended by the California Coastal Commission, with certain modifications. The public hearing was declared opened. The item was continued to November 17, 1987. 11-C: MOTEL VOUCHERS FOR HOMELESS: A recommendation to authorize the City Manager to negotiate and execute an agreement with Los Angeles County to receive $9,713 in county funds for 7 November 10, 1987 88 motel vouchers for homeless persons during cold weather and to approve related technical budget revisions was continued to November 17, 1987. 11-0: JULY 4TH FIREWORKS: A recommendation to continue holding the 4th of July fireworks at dawn was continued to November 17, 1987. 11-E: PRESIDENTIAL CANDIDATE FORUMS: A discussion regarding proposed presidential candidate forums was continued to November 17, 1987. 11-F: CLOSED SESSION: Held later in the evening. 13-A: BICYCLE PATHS: The request of Nurit Whitney to address council requesting that joggers and walkers not use bicycle paths was continued to November 17, 1987. 13-B: STREET LIGHT INSTALLATION/5TH BETWEEN WILSHIRE AND WASHINGTON: The request of Andrew M. Weingarten to address Council regarding the delay in the installation of street lights on 5th street between Wilshire Boulevard and Washington Avenue was continued to November 17, 1987. 14-A: PIER RESTORATION CORPORATION: The appointment of members to the pier Restoration Corporation was continued to November 17, 1987. 14-B: SUNDAY PARKING/DOWNTOWN GARAGES: The request of Councilmember Reed to discuss return of free Sunday parking for downtown parking garages was continued to November 17, 1987. 14-C: COUNCIL CHAMBERS USE: The request of Mayor Conn to discuss waiving the fee for use of the Council Chambers on December 4, 1987, by the State of California, Coastal Conservancy was continued to November 17, 1987. 14-0: CITY PERMIT APPLICATIONS: The request of Mayor Pro Tempore H. Katz to discuss directing the City Attorney to amend Municipal Code Section 4603 to allow simultaneous processing of Rent Control Board and other City permit applications was continued to November 17, 1987. 15. PUBLIC INPUT: continued to November 17, 1987. I1-F: CLOSED SESSION: Presented was a 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 12:20 a.m., Councilmember Reed moved to adjourn to Closed Session to consider the following cases: J. Johnson v. City of Santa Monica, Santa Monica Superior Court Case No. WEe 084 404; and Tallmadge v. city of Santa Monica, Federal Court Case No. 86 2717 TJH (MCX), and to continue the meeting to 1:00 a.m. Second by Councilmember A. Katz. The motion was unanimously approved. At 12: 40 a. m., Council reconvened wi th 8 November 10, 1987 89 four members present, Councilmembers Jennings, H. Katz, and Zane absent. It was moved and duly seconded to approve a settlement of $125,000 in the case of Johnson v. city of Santa Monica. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, Reed, Mayor Conn Absent: Councilmembers Jennings, H. Katz, Zane ADJOURNMENT: At 12:42 a.m. it was moved, seconded, and approved to adjourn to 7:30 p.m., Tuesday, November 17, 1987, to consider Items 11-B, 11-C, 11-D, 11-E, 13-A, 13-B, 14-A, 14-B, 14-C, 14-D and 15. ATTEST: GJ '1 A-, {73- 4~ d Donna R. Betancourt Assistant city Clerk 9 November 10, 1987