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M-2/24/1987 (3) I 265 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 24, 1987 A meeting of the Santa Monica city council was called to order by Mayor Pro Tempore H. Katz at 7:40 p.m. on Tuesday, February 24, 19877 in the Council Chambers. Councilmember Jennings led the assemblage in the pledge of allegiance to the United States of America. Reverend Jonathan Chute, United Methodist Chruch, Pacific Palisades, offered the invocation. Roll Call: Present: Mayor Pro Tempore Herb Katz Councilmember David B. Finkel councilmember william H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed (entered at 7:50 p.m.) councilmember Dennis Zane Absent: Mayor James P. Conn Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore 4 -A: ABRAHAM LINCOLN BRIGADE DAY: proclamation designating March 1st Lincoln Brigade Day. Councilmember Zane read a Veterans of The Abraham 4-B: BOARDS/COMMISSIONS: The City Clerk announced that applications are invited to fill vacancies on the Housing Commission and the Convention and Visitors Bureau. 5-A: JULY 4TH BEACH FIREWORKS: To be considered March 10, 1987. 5-8: CITY SIGNAGE PROGRAM: Presented was a staff report recommending that the city Manager be authorized to negotiate and execute a contract with Hinsche and Associates to provide graphic design services for a comprehensive city signage program and to transfer funds of $49,500, continued from February 10, 1987. Discussion was held. Councilmember A. Katz moved to approve the staff recommendation, thereby authorizing the city Manager to negotiate and execute contract No. 4874 (CCS) with Hinsche and Associates to develop a comprehensive street signage program, and allocating $49,500 from various accounts as outlined above and transfer to account 01-500-415-000-506. Second by Councilmember Finkel. The motion was approved by the following vote: council vote: Unanimously approved 6-0 Absent: Mayor Conn 1 February 24, 1987 266 5-C: TRAFFIC CIRCULATION STUDY CONSULTANT: Presented was a staff report recommending authorization to staff to proceed with the selection of a consultant for a City-wide traffic circulation study, continued from February 10, 1987. Discussion was held. David Cameron spoke in support of the recommendation. Councilmember Reed moved to approve the staff recommendation, thereby authorizing staff to proceed with the selection of a consultant for the City-wide circulation study, and to return to Council with award of a contract and allocation of funds. Second by Councilmember Finkel. The motion was unanimously approved. 5-D: LIABILITY CLAIMS PROGRAM: Presented was a staff report recommending that the City Manager be authorized to proceed with the implementation of a self-administered liability claims program, negotiate and execute an agreement for transition of responsibilities, and approve staff positions as required, continued from February 10, 1987. Discussion was held. Councilmember A. Katz moved to approve the staff recommendation, thereby 1) authorizing the City Manager to proceed with the implementation of a city self-administered liability claims program; 2) authorizing the required staff positions as outlined in this report, including the addition of a Liability Claims Supervisor, a Liability Claims Adjuster, a staff Assistant III, and reclassification of the Claims Supervisor in the City Attorney I s Office to Legal Secretary i and 3) authorizing the City Manager to negotiate and execute Contract No. 4875 (CCS) , being an agreement with Leonard J. Russo Insurance Services concerning the orderly transition of responsibilities from Russo to the City (Russo provided services under Contract 3608 (CCS) awarded December 8, 1980). Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn CITY COUNCIL, REDEVELOPMENT AGENCY AND PARKING AUTHORITY SPECIAL JOINT MEETING: Roll Call: Redevelopment Agency: Present: 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 Absent: Chairperson James P. Conn Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore Roll Call: Parking Authority: 2 February 24, 1987 I I 267 Present: 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 Absent: Chairperson James P. Conn Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers City Clerk Ann M. Shore 5-E: MID-YEAR BUDGET: Presented was a staff report recommending approval of the Mid-Year Budget review report, adoption of resolutions affecting revenues and expenditures, and approval of personnel actions, continued from February 10, 1987. Discussion was held. Councilmember Finkel moved to adopt Resolution No. 7373 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1986-87) T" reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Chairperson Conn Agency Member Finkel moved to adopt Resolution No. 415 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1986-87," reading by title only and waiving further reading thereof. Second by Agency Member Zane. The motion was approved by the following vote: Agency vote: Unanimously approved 6-0 Absent: Chairperson Conn Au-:.hority Member Zane moved to adopt Resolution No. 200 (PAS) en":.itled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1986-87, n reading by title only and waiving further reading thereof. Second by Authority Member Reed. The motion was approved by the following vote: Agency vote: Unanimously approved 6-0 Absent: Mayor Conn CITY COUNCIL MEETING RECONVENED 5-F: CONVENIENCE MARKET AT 1865 LINCOLN BOULEVARD: Presented was an appeal of a Planning Commission decision to approve Conditional Use Permit (C.U.P.) 443 which would permit the sale of beer and wine at a new convenience market at 1865 Lincoln 3 February 24, 1987 268 Boulevard. Applicant: Andy Oldfield. Appellant: Donald Lewin Nelson. continued from February 10, 1987. Discussion was held. Appellant Donald Nelson spoke requesting certain conditions and findings be modified if the project is approved. Discussion was held. Members of the public Jack Tate, Robert Churchill, and David Hakimian spoke in opposition to the proposal. Vathy Buorn, Michael Warner, CeCe Bradley, cristina Matias, Katrina Meier, I Chris Harding (Attorney representing the applicant), and Thane Tierney spoke in support of the proposal. Discussion was held. Councilmember Zane moved to uphold the appeal and modify the conditions of the Planning commission to include conditions 1 through 7 in the letter submitted by Attorney Christopher Harding; the conditions should also reflect a judgement that this is a continuation use rather than a new use and also the condition that, if the operator is to challenge any of these conditions, it would result in the automatic withdrawal of the C.U.P.; the motion to also incorporate in spirit the findings proposed on pages 3 through 5 of Mr. Harding's letter. Second by Councilmember Reed. Discussion was held. Councilmember Zane, wi th no obj ection from the second, incorporated councilmember Finkel's suggestion that there be a la-year limit placed on the C . U . P. The motion, as amended, was approved by the following vote: council vote: Affirmative: Councilmembers Finkel, H. Katz, Reed, Zane Negative: Councilmembers Jennings, A. Katz Absent: Mayor Conn 5-G: SMOKING IN RESTAURANTS: Presented was a request of David G. Epstein to address Council regarding a requirement that restaurants with over 50 seats offer non-smoking areas, continued from February 10, 1987. Mr. Epstein requested Council to amend the smoking ordinance so that, in larger restaurants at least, a non-smoking area be available. Discussion was held. Councilmember Zane moved to ask staff to develop an ordinance providing for non-smoking sections in restaurants, that they consul t with the restaurant industry to ask their advice as to how to frame that ordinance to make it most workable from the vantage point of the operation of a restaurant, and ~hat staff be given the latitude to evaluate this proposal in t.erms of the threshhold, the size of the restaurant for which it should be applicable, the arguments pertaining to that, and bring back a report and recommendation. Second by Councilmember A. Katz. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn 5-H: THIRD STREET DEVELOPMENT CORPORATION: Presented was the matter of appointing a member to the Third Street Development Corporation, continued from February 10, 1987. Mayor Pro Tempore 4 February 24, 1987 I 269 H. Katz declared the nominations open. Councilmember Reed nominated Glenn Cardoso. Councilmember Zane nominated Richard Cohn. Hearing no other nominations, Mayor Pro Tempore H. Katz declared the nominations closed. The vote on the nominations was as follows: Glenn Cardoso: Councilmember Reed Richard Cohn: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Reed, Zane Therefore, Richard Cohn was appointed to the Third street Development Corporation for a term ending June 30, 1987. 5-I: RECREATION AND PARKS COMMISSION: Presented was the matter of appointing a member to the Recreation and Parks Commission, continued from February 10, 1987. Mayor Pro Tempore H. Katz declared the nominations open. Councilmember Finkel nominated Doris Sosin. Councilmember Reed nominated Nick steers. Councilmember Zane nominated Sonny (Bruno J.) pino. Hearing no other nominations, Mayor Pro Tempore H. Katz declared the nominations closed. The vote on the nominations was as follows: Doris Sosin: Councilmember Finkel Nick steers: councilmembers Jennings, A. Katz, H. Katz, Reed Sonny pino: Councilmember Zane Councilmember Zane moved to make the vote unanimous for Mr. steers. The motion was duly seconded and unanimously approved. Therefore, Nick steers was appointed to the Recreation and Parks Commission for a term ending June 30, 1990. 5-J: CLOVERFIELD/FREEWAY OFF-RAMP TRAFFIC: Presented was the request of Mayor Pro Tempore H. Katz to discuss congestion at Cloverfield Off-Ramp/Santa Monica Freeway and Council support to CalTrans, continued from February 10, 1987. Mayor Pro Tempore H. Katz introduced discussion and moved that a resolution be drafted reqUesting CalTrans to restripe the off-ramp at Cloverfield Boulevard. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn 6. CONSENT CALENDAR: Presented was the Consent CalEmdar whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Zane moved to adopt the Consent Calendar with the exception of Item 6-H (withdrawn at the request of staff), reading resolutions and ordl.nances by titles only and waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: 5 February 24, 1987 270 Council vote: Unanimously approved 6-0 Absent: Mayor Conn 6-A: MINUTES APPROVAL: The minutes of the City Council meeting held February 3, and February 10, 1987, were approved. 6-B: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No. I 7374 (CCS ) entitled: II 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-87-96), II was adopted, thereby setting a public hearing for March 24, 1987. 6-C: FEDERAL DISASTER ASSISTANCE: Resolution No. 7375(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING LOCAL REPRESENTATIVE FOR PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE, II was adopted, thereby designating City Manager John Jalili as the local agent so that all claims and requests for payments made in relation to Federal Disaster Assistance are filed in accordance with federal regulations. 6-D: RECYCLING TAX CREDIT: Resolution No. 7376(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ENDORSING SENATE BILL 188, RECYCLING TAX CREDIT, DESIGNED TO ALLOW A TEN PERCENT TAX CREDIT FOR MANUFACTURERS IN CALIFORNIA USING SECONDARY MATERIALS TO HELP EQUALIZE THE DEPLETION ALLOWANCES AND CAPITAL GAINS BENEFITS THAT APPLY TO THE USE OF PRIMARY MATERIALS, AND TO ENCOURAGE THE USE OF RECYCLABLE WASTE MATERIALS IN CALIFORNIA PRODUCTION PROCESSES, II was adopted. 6-E: FINAL TRACT MAP 36936/2454 4TH STREET: Resolution No. 7377 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 36936," for a six-unit condominium project at 2454 4th street, was adopted. 6-F: FINAL TRACT MAP 44254/1617 FRANKLIN STREET: Resolution No. 7378 (CCS) enti tIed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND APPROVING SUBDIVISION MAP OF TRACT NO. 44254, II for a six-unit condominium project at 1617 Franklin Street, was adopted. 6-G: FINAL TRACT MAP 44542/925 17TH STREET: Resolution No. 7379 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 44542,11 for a five-unit condominium project. at 925 17th Street, was adopted. 6-H: FINAL TRACT MAP 44293/2525 14TH STREET: withdrawn at the request of staff. 6-1: FINAL TRACT MAP 44139/1524-1528 YALE STREET: Resolution No. 7380(CCS) entitled: !fA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION 6 February 24, 1987 I ;~71 MAP FOR TRACT NO. 44139,11 for a 14-unit tenant participating conversion project at 1524-28 Yale street, was adopted. 6-J: FINAL TRACT MAP 17599/2021 3RD STREET: Resolution No. 7381 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 17599,11 for a two-unit condominium project at 2021 3rd street, was adopted. 6-K: SHORT-RANGE TRANSIT PLAN: A recommendation t'/as approved (1) approving the Short Range Transit Plan and authorizing the City Manager to file the Plan with the Los Angeles county Transportation commission and the southern California Association of Governments; and (2) authorizing the City Manager to file applications for funds made available by the Transportation Development Act, the state Transit Assistance Fund, and the Proposition A Program. 6-L: STREET RESURFACING PROGRAM: A recommendation to award contract No. 4876 (CCS) to Sully Miller contracting co. in the amount of $1,083,966.65 for 1986-87 Street Resurfacing Program and authorize the City Engineer to issue any change orders necessary to complete additional work to the extent of funds available in accordance with the Administrative Instruction on Change Orders was approved. END OF CONSENT CALENDAR 7-A: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a staff report and a public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs (SR-87-94). The public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Councllmember A. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 7382 (CCS) entitled: "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-87-94), n reading by title only and waiving further reading thereof. Second by Councilmember Jennings. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn 7-B: VACATION OF WALKWAY/PEARL AND CEDAR STREETS: Presented was a staff report and a public hearing regarding the vacation of walkway between Pearl and Cedar streets west of 20th street. Discussion was held. The public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. ~ayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 7383(CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF A WALKWAY BETWEEN CEDAR AND PEARL STREETS WEST OF 20TH STREET IN THE CITY OF SANTA MONICA, 7 Februa~~ 24, 1987 272 CALIFORNIA, II reading by title only and wa~v~ng further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn 8-A: DEVELOPMENT AGREEMENT/2600 COLORADO AVENUE: Presented was a staff report transmitting an ordinance for introduction and first reading approving second amendment to Development Agreement No. 3743(CCS) with Campeau Corporation and 2600 Colorado Associates to permit non-operable windows in the project at 2600 Colorado Avenue. The public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Councilmember A. Katz moved to approve the staff recommendation, thereby introducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE SECOND AMENDMENT OF THE DEVELOPMENT AGREEMENT BETWEEN CAMPEAU CO PRORATION CALIFORNIA AND 2600 COLORADO ASSOCIATES AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof, further finding that the proposed amendment is consistent with the General Plan. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn 8-B: PREFERENTIAL PARKING ZONE B: Presented was a staff report transmitting an ordinance for introduction and first reading amending Municipal Code Section 3238b to expand Preferential Parking Zone B. The public hearing was declared opened. There being no one wiShing to be heard, the pUblic hearing was declared closed. councilmember Zane moved to approve the staff recommendation, thereby introducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3238B TO EXPAND PREFERENTIAL PARKING ZONE B," reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, Reed, Zane Negative: Mayor Pro Tempore H. Katz Absent: Mayor Conn 8 -C: TEMPORARY TRAILER PERMITS: Presented was a staff report transmitting an ordinance for introduction and first reading amending Supplemental Construction and Property Maintenance Standards to extend the time period of temporary trailer permits. The public hearing was declared opened. There being no one 8 February 24, 1987 I I 273 wishing to be heard, the public hearing was declared closed. Councilmember A. Katz moved to approve the staff recommendation, thereby introducing for first reading an ordinance entitled: ItAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SUPPLEMENTAL CONSTRUCTION AND PROPERTY MAINTENANCE STANDARDS," reading by title only and waiving further reading thereof, thereby extending the time period of temporary trailer permits. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn 8-D: FIRE SAFETY/PREVENTION: Presented was a staff report transmitting an ordinance for adoption and second reading amending fire safety and prevention requirements extending the fire sprinkler compliance date for certain residential buildigs, introduced February lO, 1987. The pUblic hearing was declared opened. There being no one wishing to be heard, the publ ic hearing was declared closed. councilmember A. Katz moved to approve the staff recommendation, thereby adopting Ordinance ~40 1 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SUPPLEMENTAL FIRE SAFETY AND PREVENTION REQUIREMENTS AND DECLARING THE PRESENCE OF AN EMERGENCY, II reading by title only and waiving further reading thereof, thereby extending the fire sprinkler compliance date. Second by Councilmember Reed. Councilmember Finkel moved a substitute motion that this matter be not acted on at this time but be continued for sixty days for all purposes. The motion died for lack of a second. Discussion was held. Councilmember Jennings moved an amendment to change the compliance date from July ~st to May 1st. The motion died for lack of a second. The motion to approve the ordinance as presented was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, A. Katz, Reed, Zane Negative: Councilmembers Finkel, r.layor Pro Tempore H. Katz Absent: Mayor Conn lO-A: SOCIAL SECURITY/MEDICARE INSURANCE: Presented was a request of the Commission on Older Americans for authorization to write legislators, and Council to also write, urging support for House Bill H.R. 1402 which would provide voluntary insurance options for medicare beneficiaries. Councilmember A. Katz left the dais due to conflict of interest. Rose Kaufman, Commission on Older Americans, requested Council approval. Discussion was held. Councilmember Reed moved that the Commission on Older Americans be authorized to communicate with members of Congress with regard to the current legislation both proposed and whatever legislation may yet come on the issue of amending the Social Security Act to provide a voluntary insurance option for Medicare 9 February 24, ~987 274 beneficiaries and other subsidiary issues directly related to the health care benefit packages that Social security beneficiaries receive. Second by Councilmember Jennings. Discussion was held. The motion was unanimously approved (Mayor Conn and Councilmember A. Katz absent). Councilmember A. Katz returned to the dais. II-A: CHILD CARE BENEFIT PLAN: Presented was a staff recommendation to approve implementation of the Child Care Benefit Plan for City employees, authorize expenditure of $25,500, authorize the City Manager to enter into contract with Western states Administrators, . and adopt a resolution establishing a Dependent Care Assistance Program. Discussion was held. councilmember A. Katz announced a potential conflict of interest in regard to the contract under discussion and requested a split motion. Members of the public Joy Fullmer spoke in opposition to and Marcie simmons in support of the staff recommendation. Councilmember A. Katz moved to adopt the staff recommendation concerning the approval of the eligibility criteria set forth for the subsidy and salary reduction portions of the Dependent Care Assistance Plan (DCAP) and adoption of Resol ution No. 7384 (CCS) enti tIed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AN EMPLOYEES I DEPENDENT CARE ASSISTANCE PLAN AND AUTHORIZING ITS IMPLEMENTATION," reading by title only and waiving further reading thereof, with the understanding that staff will report back on the issue of as-needed employees. Second by Councilmember Zane. Discussion was held. councilmember A. Katz, with no objection from the second, incorporated into the motion Mayor Pro Tempore H. Katz's amendment to change the age factor criteria (the federal SUbsidy to be left at 15 years and the local down to 13 years). The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn Councilmember A. Katz departed the dais. councilmember Reed moved the remainder of the staff recommendation, thereby approving the expenditure of $25,500 from account #01-700-274-000-785 for the subsidy program from April - June, 1987, and for the cost of setting up the entire DCAP program, and authorizing the City Manager to enter into Contract No. 4877 (CCS) with Western states Administrators to set-up and administer the DCAP for the remainder of the calendar year. Second by councilmember Finkel. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 5-0 Absent: Councilmember A. Katz, Mayor Conn Councilmember A. Katz returned to the dais. 10 February 24, 1987 I I 275 11-B: CLOSED SESSION: Held at end of meeting. 12-A: DEVELOPMENT REVIEW/YOUTH HOSTEL/RAPP SALOON/1438 2ND STREET: Presented was a staff recommendation to deny an appeal of the Planning Commission decision approving DR 343, EIA 826, to permit construction of a youth hostel with associated offices and retail travel store at 1438 2nd street and rehabilitation and incorporation of The Rapp Saloon, a designated city landmark. Applicant: Los Angeles Council and American Youth Hostels, Inc. Appellants: Santa Monicans for Responsible Downtown Growth and Santa Monica Historical society. Discussion was held. Appellants David Shell (Santa Monicans for Resposible Downtown Growth) and Louise Gabriel (Santa Monica Historical society) spoke in opposition to the project. Applicants Tony Stanton (Los Angeles council), Ken Genser (American Youth Hostels) and Sherman Stacey (Attorney) spoke in support of the project. The following members of the public spoke in opposition to a youth hostel: Joyce Hansen, James Furen, Archie Arzooyan, Andrew Carrillo, Joe Miko, Sr., victoria Rembeau, Maxine Naylor, M. R. Maclntire, Jackie Tadich, Bill Putnam, Pauline Roman, James Baker, K. B. Huff, Donna Alvarez, Lois Gross, Aaron Kumetz, Bop Gindy, Bob Gabriel, Gloria Fitzgerald. The following persons spoke in support: Margarete Harner, Jo Erna Lang, Curt GibbS, Jon Goodwin, Donald Lucas, Bobbi Enger, Mike Street, Joe chesler, Margot Lowe, Mark Mann, Tom Lowery, Tony Ri z z i , Brur ia Finkel, Georgina Burns, and Rosario Perry spoke in support of the project. Terry stanton and Robert stanton presented a videotape in support of the hostels. Councilmember A. Katz moved to hear from the public who turned in late chits. Second by Mayor Pro Tempore H. Katz. The motion failed. Jim Hinzdel, Hinzdel and Associates, Inc., impact statement consultant, responded to questions. Discussion was held. Councilmember Zane moved to deny the appeal and uphold the Planning Commission's approval of the project. Second by Councilmember Finkel. Discussion was held. A motion was made, duly seconded and approved to extend the meeting to 1.: 00 a. m. Discussion was held. Councilmember A. Katz moved to amend Condition l3 on page 3 of Exhibit B to read: "The applicant shall work with the Director of Planning, Landmarks Commission and the Santa Monica Historical Society to establish a system whereby the Rapp Saloon can be open to the general public independent of the rest of the hostel..." Councilmember Zane, with no objection from the second, accepted the amendment so long as the last sentence in Condition 3 is retained which says the applicant shall have full discretion to determine the types of programs. Discussion was held. During discussion, councilmember Zane, with no objection from the second, incorporated Councilmember A. Katz's suggestion to further amend Condition 13 to say: n...whereby the Rapp Saloon can be open to the general pUblic independent of the rest of the hostel and whereby the interior of the Rapp Saloon reflects the history of Santa Monica..." Discussion was held. councilmember Jennings moved a substitute motion to uphold the appeal, overturn the Planning Commission 11 February 24, 1987 276 decision, and direct the consultant with respect to the Initial study to do an independent evaluation of the transportation, circulation, land use, and fiscal portion of the Initial study; the Planning Commission to review that, render a new decision, and return the matter to Council if anyone appeals; also including in the motion Mayor Pro Tempore H. Katz's suggestion that the traffic study should include a cumulative effect. Second by Mayor Pro Tempore H. Katz. Discussion was held. I During discussion, Mayor Pro Tempore H. Katz withdrew his second to the substitute motion; therefore, the substitute motion failed for lack of a second. The main motion (to deny the appeal and grant the permit), as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Reed, Zane Negative: councilmember Jennings Absent: Mayor Conn Councilmember Z ane moved to extend the meeting to 1: 30 a . m. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. l3-A: ENTERTAINMENT LICENSE: Presented was the request of Richard Hannemann to address Council regarding entertainment license. Mr. Hannemann requested council to permit entertainers to carry a license. Discussion was held. There was no objection to Councilmember Zanets suggestion that this item be consolidated with Item 14-B (vending and street performer policy) for consideration in the next regular meeting (March 10, 1987) as a 5 item. l4-A: CITY COUNCIL PROCEDURES: Continued to March 10, 1987 as a 5 item. 14-B: VENDING AND STREET PERFORMER POLICY: continued to March 10, 1987 as a 5 item. 14-C: OFFSHORE OIL DRILLING: Presented was the request of Councilmember Reed to discuss continued opposition of off-shore oil drilling plans. Councilmember Reed introduced discussion and moved to endorse the letter of Mayor Conn to Secretary Hodel, Department of Interior, regarding the City's comments in opposition to offshore oil drilling, and to communicate that to Mel Levine and the others. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-D: CITY ATTORNEY CLAIM SETTLEMENT AUTHORITY: Presented was the request of Councilmember Reed to discuss increasing claim settlement authority of City Attorney to $10,000. Councilmember Reed introduced discussion and moved to authorize the City Attorney and the City Manager through his claims people to develop a recommendation and come back to the Council to raise 12 February 24, 1987 I 277 the settlement authority. Second by Councilmember A. Katz. The motion was unanimously approved. 15. PUBLIC INPUT: None. II-B: CLOSED SESSION: At 1:10 a.m., there being no objection, Council adjourned to Closed Session to consider the following cases: Victor Rink, Administrator of the Estate of Jadvyja Rinke v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 08:1 93l; Giordano v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 094 045; and In re California Aviation, Inc., united States Bankruptcy Court Case No. 86-23264-JD. At 1: 23 a.m., Council reconvened with all members present as at Roll Call. Councilmember Zane moved to approve settlement in the case of Rink v. City in the amount of $3,200. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Conn ADJOURNMENT: At 1:24 a.m., Mayor Pro Tempore H. Katz moved to adjourn the meeting. Second by Councilmember Reed. The motion was unanimously approved. a:~,~ APPRo1ED: ~. ~,/ ~_< --Y, -- __ \. / /?- ~~' j~ - Herb Ka . ~ 1" Mayor Pro Tempore Ann M. Shore City Clerk 13 February 24, 1987