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M-5/5/1987 (2) I 3lG CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 5, 1987 A meeting of the Santa Monica City council was called to order by Mayor Conn at 7:34 p.m., on Tuesday, May 5, 1987, in the council Chambers, having been adjourned from Tuesday, April 28, 1987. Mayor Pro Tempore H. Katz 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 (entered at 7:40 p.m.) Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt REDEVELOPMENT AGENCY SPECIAL MEETING: A special meeting of the Redevelopment Agency was called to order by Chairperson Conn at 7:36 p.m. Roll Call: 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 Dennis Zane Absent: Agency Member Christine E. Reed RA-1: OCEAN PARK BEACH IMPROVEMENT PROJECT/OCEAN VIEW PARK: Presented was a recommendation to appropriate additional funds to complete the Ocean Park Beach Improvement Project and construct accessibility improvements in Ocean View Park. The staff report was presented at the April 28, 1987, special joint meeting of the City Council and the Redevelopment Agency. The Redevelopment Agency did not vote, so the item was returned to the Agency for a vote. Discussion was held. Member A. Katz moved to increase the Redevelopment Fund appropriation authority for the Ocean Park Beach Improvement proj ect accounts as indicated in the staff report dated April 28, 1987, and appropriate the Redevelopment Funds for the Ocean View park Accessibility Improvement capital project as indicated in the staff report, including in the motion direction to staff to prepare an information report regarding the necessity of the chain link fence. Second by Chairperson Pro Tempore H. Katz. The motion was approved by the following vote: 317 Agency vote: Unanimously approved 6-0 Absent: Agency Member Reed ADJOURNMENT: At 7:39 p.m., the Redevelopment Agency meeting was adjourned. ADJOURNED CITY COUNCIL MEETING RECONVENED The following items were considered, having been continued from April 28, 1987. ll-C: REFUSE COLLECTION/DISPOSAL RATES: Presented was a staff report recommending the adoption of a resolution increasing refuse collection and disposal rates and direction to staff to explore forming a consortium with other cities regarding solid waste disposal problems. Discussion was held. Member of the public Joy Fullmer spoke regarding the inequity of the rates charged. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 7425(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING FEES CHARGED FOR GENERAL CITY SANITATION SERVICES, SANITATION BIN RENTAL AND ROLL-OUT SERVICES," reading by title only and waiving further reading thereof, including in the motion Counci1member Reed's direction to staff to work with the Southern California Association of Governments in the effort with other cities. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ll-D: CLOSED SESSION: Presented later in the evening. 12-A: TENTATIVE PARCEL MAP l8025/CONDOMINIUM AT 2225 4TH STREET: Presented was a staff recommendation to uphold the appeal and amend the conditions of approval of Tentative Parcel Map 18025 and Conditional Use Permit 435 for construction of a two-unit condominium townhouse in conjunction with an existing grocery store at 2225 4th street. Applicants: Ming-Sin Ru and Tien-Ho Ru. Discussion was held. Lan Ru, speaking on behalf of the applicants, supported the staff recommendation. Mayor Pro Tempore moved to uphold the appeal and approve Tentative Parcel Map 18025 and Conditional Use Permit 435 with the findings and conditions contained in the February 2, 1987, Planning commission statement of Official Action, and include as part of the approval the special condi tion contained in the the city Council staff report dated April 28, 1987. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved: 7-0 13-A: HOMELESS/HEALTH PROBLEMS: Presented was the request of Morris Silverstein to address Council regarding health problems of homeless persons, continued from March 17, 1987. Mr. 2 May 5, 1987 I I 318 silverstein spoke regarding diet and exercises to aid in maintaining health, and demonstrated exercises. 13-C: WEED ABATEMENT/REFUSE CONTAINERS: Presented was the request of Michael Minufo to address Council regarding enforcement of Weed Abatement and Refuse Container ordinances. Mr. Minufo spoke regarding lack of garbarge containers and presence of weeds at his residence. Discussion was held. Councilmember Zane moved that staff be directed to resolve Mr. Minufo's trash bin problems (the weed abatement procedures have been implemented). Second by Mayor Conn. The motion was approved by unanimous vote. 14-A: HOUSING COMMISSION: Presented was the matter of appointment of a member to the Housing Commission. Mayor Conn declared the nominations open. Councilmember Reed nominated Alvin Knowles. councilmember Finkel nominated Claire Branfman. Hearing no other nominations, Mayor Conn declared the nominations closed. The vote on the nominations was as follows: Alvin Knowles: Councilmember Jennings, A. Katz, H. Katz, Reed Claire Branfman: Councilmembers Finkel, Zane, Mayor Conn Councilmember Finkel moved to make the vote for Mr. Knowles unanimous. Second by Councilmember Reed. The motion was approved by unanimous vote. Therefore, Alvin Knowles was appointed to the Housing commission for a term ending June 30, 1990. 14-B: RENT CONTROL BILLS: Presented was 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. Councilmember Finkel opened discussion and moved that Council take a public position in opposition to SB 2260 (Ferguson), a bill that opposes all rent control: in opposition to SB 1646 (Garamendi), a bill that allows vacancy decontrol; in support of AB 1270 (Agnos), a bill that exempts new construction from rent control; and support of AB 2082 (Hayden), a bill that modifies the petris bill (enacted into law last session requiring that maximum rents be established on all units by January 1888, by local rent control communities) by extending the deadline to permit rent control communi ties to complete the administrative work required to establish those rent levels: and work together with the Rent Control Board and lobbyists toward those ends. Second by Councilmember Zane. During discussion, Councilmember Finkel, with no objection from the second, amended his motion to not take a position on AB 1270 at this time. The motion was approved by unanimous vote. 14-C: PLANNING COMMISSION: Presented was the matter of appointment of two members to the Planning Commission. Mayor Conn declared the nominations open for a term ending June 30, 1987. Mayor Pro Tempore H. Katz nominated Robert Sullivan. There being no other nominations, Councilmember A. Katz moved to 3 May 5, 1987 319 elect Mr. Sullivan by acclamation. Second by Councilmember Finkel. The motion was approved by unanimous vote. Therefore, Robert Sullivan was appointed to the Planning Commission for a term ending June 30, 1987. Nominations were declared open for a term ending June 3D, 1989. councilmember Finkel nominated Leslie Lambert. Mayor Pro Tempore H. Katz nominated Paul Rosenstein. Hearing no other nominations, Mayor Conn declared the nominations closed. The vote on the nominations was as follows: Leslie Lambert: Councilmembers Finkel, Jennings, A. Katz, Zane, Mayor Conn Paul Rosenstein: Councilmembers H. Katz, Reed Mayor Pro Tempore H. Katz moved to elect Leslie Lambert by acclamation. Second by Councilmember Zane. The motion was approved by unanimous vote. Therefore, Leslie Lambert was appointed to the Planning Commission for a term ending June 3D, 1989. 14-D: AIRPORT COMMISSON: Presented was the matter of appointment of a member to the Airport Commission. Mayor Conn declared the nominations open. Councilmember Reed nominated Louis Drobnick. Councilmember Zane nominated Louis Blumberg. Hearing no other nominations, Mayor Conn declared the nominations closed. The vote on the nomination was as follows: Louis Blumberg: Councilmembers Finkel, A. Katz, Zane, Mayor Conn Louis Drobnick: Councilmembers Jennings, H. Katz, Reed Therefore, Louis Blumberg was elected to the Airport Commission for a term ending June 30, 1987. 14-E: ELECTRICAL BOARD OF APPEALS: Presented was the matter of appointment of a member to the Electrical Board of Appeals. There being no nominations, Councilmember Reed moved to include the appointment with the annual Board and Commission appointment process in June. Second by Mayor Pro Tempore H. Katz. The motion was approved by unanimous vote. 14-F: PIER RESTORATION CORPORATION: Presented was the matter of accepting the resignation of Cheryl D. Rhoden from the pier Restoration Corporation and authorization for the City Clerk to publish a notice of vacancy. Councilmember Reed moved to accept the resignation with regret, authorize the city Clerk to publish the notice of vacancy, and to make the appointment during the annual appointment process in June. Second by Mayor Pro Tempore H. Katz. The motion was approved by unanimous vote. 14-G: PUBLIC COFFEE/COUNCIL MEETINGS: of Councilmember Finkel to discuss providing coffee for the public Presented wa!:~ the request instituting a policy of during council meetings. 4 May 5, 1987 I I 320 Councilmember Finkel opened discussion and moved to provide coffee for the public at city council meetings. Second by Councilmemher A. Katz. Discussion was held. Councilmemher A. Katz moved a substitute motion to refer the matter to staff to report back on the practicalities and liabilities of providing refreshments to the public. Second by Councilmember Finkel. Councilmember Reed moved a substitute motion to direct staff to provide signs to direct the public to the vending machines in the third floor MEA lounge, with staff to be sure the machines are operational. Second by Mayor Pro Tempore H. Katz. The substitute motion failed by a vote of 3 to 4. Councilmember A. Katz1s motion was approved by a vote of 5 to 2, Mayor Pro Tempore H. Katz and Councilmember Reed opposed. 14-H: LANDMARKS COMMISSION: Presented was the matter of accepting the resignation of Howard Van Amstel from the Landmarks Commission. It was moved and seconded to accept the resignation with regret. The motion was unanimously approved. 14-1: TRAVEL FUNDS: Presented was the request of Councilmember Reed to discuss use of travel funds to attend a National Security Seminar on June 1 - 5, 1987. Councilmember Reed introduced discussion and requested authorization of travel funds to attend a National Security Seminar at the U. S. Army Nar College. Discussion was held. Mayor Conn moved tc approve the request. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-J: COUNCIL MEETING PRAYER: Presented was the request of Councilmember Finkel to discuss the Council's present policy of starting council meetings with prayer. Councilmemher Finkel introduced discussion and moved to eliminate prayers as a formal method of commencing city council meetings and replace such commencement with a secular moment or two of music or poetry. Mayor Pro Tempore H. Katz moved a substitute motion to direct staff to study the amendment of the Council rules of order to change II Invocationll to "Inspiration" and to eliminate prayer. Councilmember Finkel withdrew his motion and seconded the substitute motion. Discussion was held. Councilmember Reed moved a substitute motion to direct staff to return with an enhanced or changed definition for the beginning portion of the meeting which currently is referred to as "Invocation," which portion of the meeting shall include the possibility of opening the meeting with a prayer or other inspirational comments or moments brought by a wide and varied group of individuals. Second by councilmember Zane. During discussion, it was clarified that the main motion would eliminate religion or prayer~ the substitute motion would allow a broader expression from any person or organization and would include prayer. The substitute motion failed. The main motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Mayor Conn Negative: Councilmembers Jennings, Reed, Zane 5 May 5, 1987 321 Councilmember Jennings requested the record to reflect his no vote is because he sees nothing wrong in asking God for guidance. councilmember Reed requested the record to reflect that her reason for voting no is that she does not wish to exclude prayer as one of the inspirational opportunities available to the Council before the meeting starts. 14-K: SPONSORSHIP/"0NE THOUSAND CRANES": The request of Councilmember Finkel to discuss sponsoring a performance of "One Thousand Cranes," a play about nuclear anxiety, was withdrawn at the request of Councilmember Finkel (a Council-sponsored play was presented on May 2, 198?). 14-L: BOARD/COMMISSION ATTENDANCE POLICY: Presented was the request of Mayor Conn and Councilmember Reed to discuss redefinition of the Board/Commission attendance policy. Councilmember Reed introduced discussion and moved to direct staff to return to council with the language necessary to allow the non-Charter boards and commissions to incorporate the practice of permitting excused absences for their commissioners for illness of a short duration, vacations, or for being out of the City on business when it is scheduled in such a manner that they have the ability to excuse it. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. 14-N: DOWNZONING OF OCEAN PARK: Presented was the request of Mayor Conn to discuss downzoning of Ocean Park. Mayor Conn introduced discussion and moved to direct staff to prepare a Resol ution of Intention to rezone Ocean Park according to the proposal submitted to the Council by the Ocean Park Land Use Committee and to bring it back to Council by the second meeting in July, with the caveat that all of the property owners in Ocean Park be notified of this intention, incorporating Mayor Pro Tempore Katz's amendments that the notification to all owners of all property in that district be notified by mail prior to any study done, that it goes to the Planning Director and the Planning staff to look at to see if it is at all feasible, to see what is recommended, if anything, and if anything is recommended, it goes through all the proper processes including environmental studies. Second by Mayor Pro Tempore H. Katz. 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: Councilmember Reed Mayor Conn moved to direct staff to make no administrative approvals that would require a demolition between the time that people are notified of the intent to change and the time that the intent comes to the Council. Second by Councilmember Zane. Councilmember A. Katz moved to extend the meeting to 11:30 p.m. The motion was seconded and unanimously approved. Discussion was held. Councilmember Zane moved to extend the meeting to midnight. The motion was seconded and unanimously approved. 6 May 5, 1987 I I 322 Councilmember A. Katz moved a substitute motion to to agendize for May 12, 1987, an item that would underlying motion. Second by Councilmember Zane. motion was approved by a voice vote of 6 to I, Jennings opposed. instruct staff accomplish the The substitute councilmember 14-0: COMMISSION ON OLDER AMERICANS: Presented was the matter of the Mayoral appointment of David Finkel as co-liaison to the Commission on Older Americans. Mayor Conn announced the appointment. 15: PUBLIC INPUT: Joy Fullmer spoke on the Noise Ordinance, Land Use Ordinance, and inclusionary and senior housing. Steve Spencer, Curt Cotter, Claudia Spencer, Dawn Cotter, and Randy wills spoke regarding changes in the plans for the Santa Monica Museum of Art. ll-C: 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. There being no objection, consideration of the following cases was continued to the next meeting: 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. C 74433; 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. ADJOURNMENT: At 12:15 a.m., unanimously approved to adjourn and ATTEST. '::D (~ ---. ~. Donna Acting City 7 May 5, 1987