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M-5/12/1987 323 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 12, 1987 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 7:10 p.m., on Tuesday, May 12, 1987, in the Council Chambers. 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 7:15 p.m.) Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting city Clerk Donna R. Betancourt 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 7: 11 p.m., Mayor Pro Tempore H. Katz moved to adjourn to Closed Session to consider the following cases: In re California Aviation, Inc., United states Bankruptcy Court Case No. 86-23264-JD; Shapiro v. City of Santa Monica, Los Angeles Superior Court Case No. C74433; Tallmadge v. City of Santa Monica, United states District Court of Appeal Court Case No. CV 86-2717 TJH (MCX); Hogan v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 094 715; Lee, A. v. City of Santa Monica, Los Angeles superior Court Case No. C 605 545; Santa Monica Municipal Employees Association v. City of Santa Monica, et al., Second District Court of Appeal Case No. B020140 and Los Angeles Superior Court Case No. C 526708; and Claim of Kimberly Bryon, Santa Monica Claim No. ASM 86-112. Second by Councilmember Reed. At 7:35 p.m., Council reconvened with seven members present. Mayor Conn announced that no actions were taken at this time (see Item 11-D at end of minutes) . Mayor Pro Tempore H. Katz led the assemblage in the pledge of allegiance to the United States of America. Father Fredrick Fenton, st. Augustine by-the-Sea Episcopal Church, offered the invocation. 4-A: PHYSCIAL FITNESS/SPORTS MONTH: Mayor proclamation designating Mayas Physical month. Conn read a Fitness and Sports 4-B: SENIOR INFORMATION DAY: Mayor Conn read a Proclamation designating May 30, 1987, as "Senior Information Day." I I 324 5-A: DOWNZONING OF OCEAN PARK: Presented was the request of Mayor Conn to discuss downzoning of Ocean Park, continued from May 5, 1987. Mayor Pro Tempore H. Katz restated the action Council took at the meeting of May 5: to send the concept of a downzoning proposal to staff to look at for 60 days or thereabouts, and report back to council whether the downzoning has merit in total, in part, or not at all. At that point, Council would decide on a process that would go through the normal channels of environmental impacts, to the Planning Commission, and the holding of public hearings, with the stipulation that before any of that study started, or before staff acted, and within the 50-day period, all property owners in that area would be notified by mail. Mayor Conn moved to: (1) Direct the City Attorney to draft an ordinance prohibiting demolitions in Ocean Park except in the following cases, when existing buildings will be replaced by: single family projects, 2 -uni t developments on parcels of 4,000 sq. ft. or greater, 3 -uni t developments on parcels of 6, 000 sq. ft. or greater, 4-unit developments on parcels of 7,500 sq. ft. or greater, projects which conform to the submitted proposed zoning overlay, (height shall not exceed two stories or 27 feet, and all projects to be otherwise consistent with existing development regulations), projects with applications deemed complete as of the date of the first reading of the ordinance which shall be July 28, all areas zoned R2r, and projects which are determined to have hardship in accordance with procedures set forth in the ordinance for expedited hearing; (2) direct staff to arrange a public workshop on the subject of the proposed ordinance before July 28; (3) direct staff to notice all property owners and tenants in Ocean Park regarding the public meeting and the ordinance; and (4) direct staff to bring back to council a plan and timeline for conducting a study of the Ocean Park residential zoning overlay. Second by Councilmember Zane. Discussion was held. Councilmember Reed moved to waive the rules of the Council to allow the members of the public requesting to speak to be heard for 2 minutes each. 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 Negative: councilmembers Finkel, J~. Katz, Zane, Mayor Conn Discussion was held. Councilmember Finkel moved a substitute motion to insert the words "and the desirability" in part (2) of the main motion [restatement of part (2) with all amendments is made below]. Mayor Conn accepted this as an amendment to the main motion. Discussion was held. Councilmember Finkel moved a second amendment to the motion, to add the words "and the more general issue of the Ocean Park residential zoning overlay" to part (2). Mayor Conn accepted the amendment. Discussion was held. Councilmember Jennings moved an amendment to part (2) of the motion that "public workshop" should be replaced by "public hearing before the City Council.1I Mayor Conn accepted this as a friendly amendment, and asked staff to set a date for the 2 May 12, 1987 325 hearing. [Part (2) of the motion, as amended, now reads: "Direct staff to arrange a public hearing before the city Council on the subject and the desirability of the above proposed ordinance and the more general issue of the Ocean Park residential zoning overlay before July 28."] Mayor Pro Tempore H. Katz moved that part (1) of the motion be amended to read: "Direct the City Attorney to draft a 'proposed' ordinance...." Mayor Conn accepted the amendment. Discussion was held. Councilmember Jennings clarified that the property owners and tenants will be notified of both public hearings, the one on the date to be set by staff and the one on July 28. The main motion, as amended, was approved by the following vote: council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmember Reed Councilmember Reed asked that the record reflect her no vote is because she believes that this is far too broad in scope to undertake in the manner in which it has been proposed. 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 A. Katz moved to approved the Consent Calendar with the exception of Items 6-J and 6-K, reading resolutions 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 APROVAL: 1987, were approved. The City council minutes of April 28, 6-B: PUBLIC WORKS WEEK: Resolution No. 7426(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING MAY 17-23, 1987 PUBLIC WORKS WEEK," was adopted. 6-C: KCET: Resolution No. 7427(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA OPPOSING CHANNEL REALIGNMENT OF KCET,lI was adopted. 6-0: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7428 (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," was adopted, setting a public hearing for June 9, 1987, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets (SR-87-99). 6-E: STREETLIGHT CONSTRUCTION: Resolution No. 7429 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE 3 May 12, 1987 I I 326 CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 5364, WITHIN THE CITY OF SANTA MONICA," was adopted, thereby accepting streetlight petitions for 5th street from Wilshire to Washington, Stanford from Wilshire to Washington, and Marguerita from 4th street to First Court; notifying property owners of the proposed installation of streetlights; setting a public hearing for June 9, 1987; and declaring the city I s intention to assess property owners for costs and issue bonds as security for unpaid assessments. 6-F: STREET RESURFACING: Resolution No. 7430(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 GUTTER INSTALLATION AND STREET RESURFACING ON WILSHIRE BOULEVARD BETWEEN 21ST STREET AND CENTINELA," was adopted, setting a public hearing for June 9, 1987. 6-G: SALARY RATE/CLASSIFICATION SPECIFICATION: Resolution No. 7431 (CCS ) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE POSITION OF AIRPORT OPERATIONS AND FACILITIES SUPERINTENDENT," was adopted, thereby establishing a salary rate for the position of Airport Operations and Facilities Superintendent and approving the classification specification. 6-H: TREATED LUMBER: A recommendation was approved to reject Bid No. 2100 from Southland Lumber and Supply Co., Inc. and readvertise for the supply and delivery of treated lumber. 6-1: BUS YARD REMODELING: A recommendation was approved to award Contract No. 4924 (CCS) to Kevin Kraus in the amount of $24,925 for the construction and remodel of the tool cart room and Administrative Services office at the Bus Yards and authorize the City Engineer to issue any necessary change orders to complete additional work. END OF CONSENT CALENDAR 6-J: BUDGET STUDY SESSIONS: Presented was a recommendation to set May 19 and May 20 at 6:00 p.m. as Budget study Sessions for the FY 87-88 Proposed Budget. Discussion was held. Councilmember Jennings moved to approve the staff recommendation. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 6-K: RENTAL HOUSING CODE ENFORCEMENT: Presented was a recommendation to receive and file the annual report on compliance with California Revenue and Taxation Code Section 17274 regarding rental housing code enforcement for Calendar Year 1986. Discussion was held. Councilmember A. Katz moved to approve the staff recommendation. Second by councilmember Reed. The motion was unanimously approved. 4 May 12, 1987 327 7-A: GUTTER/STREET RESURFACING ASSESSMENTS: Presented was a staff report and a public hearing for the confirmation of gutter construction and street resurfacing assessments for 23rd street between Santa Monica and Broadway; Schader Drive from Cloverfield to the West end: pico between Appian Way and 4th Street: Ocean Front from Pico to Bay; Lincoln from Montana to San vicente; and 19th Street between wil shire and Montana . At 9 : 12 p . m. I the public hearing was declared opened. Louis Efros requested that I Council consider waiving the assessment on the side of his properties previously assessed. There being no one else wishing to be heard, Councilmember Reed moved to close the public hearing and acknowledge the protest. Second by Councilmember Zane. The motion was unanimously approved. Councilmember Reed moved to approve the staff recommendation I thereby adopting Resolution No. 7432 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENTS FOR STREET RESURFACING AND GUTTER CONSTRUCTION ON VARIOUS CITY STREETS/" reading by title only and waiving further reading thereof, adding direction to staff to certify the residental rent control status of the property that Mr. Efros described, and if that is confirmed, deduct from the referenced assessment the amount that Mr. Scholl indicated (approximately $700). Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 II-A: PARKING METERS/DOWNTOWN PARKING STRUCTURES: Presented was a staff report recommending conceptual approval of the installation of parking meters in downtown parking structures I reduction of the Mall Maintenance Fee, and the appropriation of $736,950 for the installation of parking meters. Councilmember Finkel withdrew from participation in the discussion and vote due to a conflict of interest. Discussion was held. The following members of the publ ic spoke in support of the staff recommendation: Tom Carroll, Laurie Heyman, Ed Wenner, Ed Flores, Jacki Tadich, Bill Janssl Gwen Pentecost, and Vilate Stewart. The following spoke in opposition: Fay Kessler, Sylvia Shniad, David Shniad, Daniel Cohen, and Karl Schober. Mayor Pro Tempore H. Katz moved to hear from a member of the pUblic who turned in a late chit. Second by Councilmember Zane. The motion was approved. Jack Baptista spoke in opposition to the staff recommendation. It was moved, seconded, and approved to hear another late speaker. Dolores Press spoke in opposition. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation I adding a sunset rule, that if this is beginning to work and if the fees aren I t needed as much, the meters will be partially or totally eliminated. Second by Councilmember Zane. Discussion was held. councilmember A. Katz moved to extend the meeting to 11:45 p.m. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved a substitute motion to refer the matter back to staff for further evaluation and return to ccmncil at the earliest appropriate occasion. Second by Councilmember A. Katz. The motion was approved by a vote of 6 to 1, Councilmemher Finkel abstaining. 5 May 12, 1987 I 328 11-B: PREFERENTIAL PARKING: Presented was a staff report on the status of preferential parking and a recommendation to direct the City Attorney to prepare an ordinance to establish a preferential parking district on 17th, 18th, 19th, and 20th streets between Wilshire and California and to instruct the Planning staff to prepare an initial study and negative declaration for the proposed expansion of Zone B. Member of the public Nancy Briggs spoke in support of the staff recommendation. Russ Barnard expressed concern about the preferential parking procedures as they relate to businesses. Discussion was held. Councilmember Reed moved to approve the staff recommendation. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Affirmative: Counci1members Finkel, Jennings, A. Katz, Reed, Mayor Conn Negative: Mayor Pro Tempore H. Katz Absent: Councilmember Zane Mayor Pro Tempore H. Katz requested that the record reflect his no vote is because he believes preferential parking is not a long-range solution but strictly a short-fix. 11-C: MAIN LIBRARY REMODEL: Presented was a staff report recommending that Contract No. 4925(CCS) be awarded to Cavecche Engineering and Construction Co., Inc., in the amount of $838,065 to remodel the Main Library. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane 11-D: CLOSED SESSION: Considered later in the evening. 13-A: HISPANIC THEATER/ARTS: Presented was the request of Cesar Remon to address Council regarding promoting Hispanic theater and arts in Santa Monica. Mr. Remon, on behalf of the Panamerican Theatrical Association, requested assistance in finding adequate facilities to conduct classes in theater, drama, and manual arts for Hispanics in the City. Discussion was held. 13-B: CRIME PREVENTION PROGRAM: Presented was the request of Lynne Eastman to address Council regarding programs and activities of the city's Crime Prevention Program. Ms. Eastman gave an update on the progress of the Crime Prevention Action Committee. 13-C: INTERDEPENDENCE PROGRAM: The request of Jack Reed to address Council regarding the "Interdependence Program" with the Los Angeles City schools was continued to May 26, 1987, at the request of Mr. Reed. 6 May 12, 1987 329 l4-A: SECTION 8 LANDLORDS/HOUSING COMMISSION: Presented was the request of Councilmember Reed to direct staff to prepare a report regarding Section 8 Landlords and the Housing Commission. Councilmember Reed introduced discussion and moved to direct staff to prepare a short analysis outlining the anomaly in the federal regulatory system which works against landlords serving on the commissions but requires that tenants serve on them, and suggest to our federal legislators that they look into this with I an eye toward getting it changed if they feel that is appropriate. Second by Councilmember A. Katz. Discussion was held. The maker and second of the motion included Councilmember Finkel's suggestion that staff report back to Council regarding the legislative history that gave rise to the federal regulations before following through with communication to the federal representatives. The motion was unanimously approved. Councilmember Reed moved to extend the meeting to 12:15 a.m. The motion was duly seconded and unanimously approved. 14-B: TRANSPORT OF WHALES: Presented was the request of Councilmember Reed to discuss support for SB 1231 regarding the transport of whales. Councilmember Reed introduced discussion and moved that Council support the efforts of the City of Rancho Palos Verdes and endorse and support SB 1231, which would prohibit the transport of live killer whales out of the state without first obtaining a permit from the Fish and Game Commission, and communicate Council's position to the appropriate legislators and our lobbyists. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. l4-C: E-MAIL LINKAGE/WEST HOLLYWOOD: Presented was the request of Mayor Pro Tempore H. Katz and Councilmember Finkel to discuss electronic mail linkage with West Hollywood. councilmember Finkel introduced discussion. No action was taken. 14-0: SANTA MONICA MUSEUM OF ART: Presented was the request of Mayor Pro Tempore H. Katz to discuss possible action regarding the Sher Development Project (Santa Monica Museum of Art). Based on a report by staff that no significant changes have occurred in the design of the project, no action was taken. 14-E: CONSTRUCTION ORDINANCE: Presented was the request of Councilmember Reed to discuss amending the ordinance regarding hours of construction activity. Councilmember Reed opened discussion and moved to direct the ci ty Attorney to draft an amendment to the construction ordinance requiring that signs stating allowable hours for construction activity be posted at all construction sites. Second by Mayor Conn. The motion was unanimously approved. 14-F: DISTRICT ELECTIONS: Presented was the requE~st of Mayor Conn to discuss AB 2190 regarding requirements for district elections. Mayor Conn opened discussion and movE~d to go on record as opposing AB 1290 (Chacon), which would impose a state-mandated requirement for district elections of Council members in cities with a population of 25,000 or more. During discussion, it was clarified that Council is not taking a 7 May 12, 1987 I 330 position on the merits of districting but rather on the fact that the legislature is considering amending the charter without letting the public vote on it. The motion was duly seconded and unanimously approved. 15. PUBLIC INPUT: Art Felesky, representing the Seventh Day Adventist Church at 19th and Arizona, spoke regarding rezoning of a lot for parking for the church. 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 12:00 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-JD; Shapiro v. city of Santa Monica, Los Angeles Superior Court Case No. C74433i Tallmadge v. city of Santa Monica, United states District Court of Appeal court Case No. CV 86-2717 TJH (MCX); Hogan v. City of Santa Monica, Hogan v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 094 715; Lee, A. v. city of Santa Monica, Los Angeles Superior court Case No. C 605 545; Santa Monica Municipal Employees Association v. city of Santa Monica, et al., Second District Court of Appeal Case No. B020l40 and Los Angeles superior Court Case No. C 526708; and Claim of Kimberly Bryon, Santa Monica Claim No. ASM 86-112. At 12:20 a.m., Council reconvened with six members present, Councilmember Zane absent. Mayor Conn announced that no actions were taken. ADJOURNMENT: At 12:21 a.m., the meeting was adjourned in memory of Donald wayland. ~(t. d~~ Donna Acting J 8 May 12, 1987