M-5/5/1987 (2)
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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:
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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.
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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
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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.
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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
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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.
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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 (~
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Donna
Acting City
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May 5, 1987