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M-2/10/1987 (2) I 255 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 10, 1987 A meeting of the santa Monica City Council was called to order by Mayor Conn in the Council Chambers at 7:35 p.m., Tuesday, February 10, 1987. Councilmember Zane led the assemblage in the pledge of allegiance to the united states of America. Reverend John Miller, Trinity Baptist Church, offered the invocation. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz Councilmember David B. Finkel Councilmember William H. Jennings (entered at 7:40 p.m.) 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 4-A: COMMUNITY COLLEGE MONTH: Mayor Conn read a proclamation recognizing the importance and value of Santa Monica College to the community and designating the month of February as Community College Month. 4-B: DAY OF REMEMBRANCE: Mayor Conn read a proclamation designating February 21, 1987, to be a Day of Remembrance in Santa Monica for the disabled victims of the Nazi genocide. 4-C: BOARDS/COMMISSIONS: The Assistant city Clerk announced that applications are invited to fill a vacancy on the Convention and visitors Bureau. HOUSING AUTHORITY SPECIAL MEETING At 7:45 p.m., Mayor Conn called to order a Special Meeting of the Housing Authority. Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herb 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 Executive Attorney Robert M. Myers Assistant Authority Clerk Donna R. Betancourt 1 February 10, 1987 256 HA-1: SECTION 8 HOUSING VOUCHER PROGRAM: Presented was a staff report transmitting a resolution approving the amended Annual contributions Contract with the U.S. Department of Housing and Urban Development for section 8 Housing Voucher Program and authorizing the Executive Secretary to execute. Discussion was held. Member of the public Harold Crawford suggested that a new program be initiated to sell participating housing bonds to bear I 5% interest for 10-20 year maturity dates so that housing may be constructed and continued on a community basis. Discussion was held. Authority Member Reed moved the staff recommendation, thereby adopting Resolution No. 26 (HAS) entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING AMENDED PART I OF SECTION 8 HOUSING VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-520V AND AUTHORIZING EXECUTION, II reading by title only and waiving further reading thereof. Second by Authority Member H. Katz. The motion was approved by the following vote: Authority vote: Unanimously approved 7-0 REGULAR CITY COUNCIL MEETING RECONVENED 5-A: CONDITIONAL USE PERMIT/RESTAURANT AT 1721 BROADWAY: Presented was a staff report recommending denial of Development Review Permit 320-B and Conditional Use Permit 41-B for modification of approved permits for a 120-seat restaurant with liquor license at 1721 Broadway, continued from February 3, 1987. Discussion was held. Sherman Stacey, on behalf of the applicant, requested approval of the project. James Lunsford, Vivien Linder, Ulysses Gibson, and Karl Schober spoke in support of the restaurant. Discussion was held. Mayor Pro Tempore H. Katz moved to approve DR 320-B and CUP 410-B with conditions put upon it, staff to come back with the findings. Second by councilmember Zane. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 5-B: TRAFFIC/LINCOLN FREEWAY ENTRANCE: Presented was the request of Don Masterson (not present) to address Council regarding the installation of yield sign for northbound Lincoln traffic at the turnoff for the freeway east entrance, continued from February 3, 1987. Mayor Pro Tempore H. Katz moved to receive and file the communication. Second by Councilmember Reed. The motion was unanimously approved. 5-C: PARKING/1750 APPIAN WAY: Presented was the request of Don Masterson (not present) to address Council regarding updating the 1750 Appian Way parking and security situation, continued from February 3, 1987. Mayor Pro Tempore H. Katz moved to receive and file the communication. Second by Councilmember Reed. The motion was unanimously approved. 6. CONSENT CALENDAR: Presented was the Consent Calendar whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Finkel 2 February 10, 1987 I 257 moved to adopt the Consent Calendar with the exception of Items 6-E and 6-F, reading resolutions and ordinances by titles only and waiving further reading thereof. The motion was duly seconded and approved by the following vote: council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The minutes of the city council meeting held January 27, 1987, were approved. 6-B: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS: Resolution No. 7370 (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 DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-87-95) , If was adopted, thereby setting a hearing date for March 10, 1987. 6-C: GUTTER/STREET RESURFACING: Resolution No. 7371(CCS) entitled: IIA 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 CONSTRUCTION OF CONCRETE GUTTERS, STREET RESURFACING, TREE PLANTING, AND APPURTENANT WORK ON COLORADO AVENUE BETWEEN 14TH STREET AND CLOVERFIELD AS SHOWN ON CITY DRAWING NO. 5617 IN THE CITY OF SANTA MONICA," was adopted, thereby approving the formation of an assessment district to construct concrete gutters, reconstruct the street and plant trees along Colorado Avenue between 14th Street and Cloverfield, and setting a public hearing for March 10, 1987, for the establishment of the appropriate assessment district. 6-D: CONDITIONAL USE PERMIT PROCESS/RESIDENTIAL USES: Ordinance No. 1399(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9148G TO THE SANTA MONICA MUNICIPAL CODE RELATING TO CONDITIONAL USE PERMITS," was adopted, thereby allowing certain uses of property which are consistent with the Land Use Element of the General Plan, but are prohibited by the existing Zoning ordinance, to be subject to the discretionary review of the Conditional Use Permit process. 6-G: AMBULANCE/FIRE DEPARTMENT: Bid No. 2096 was awarded to Superior Trans Med to furnish and deliver one new ambulance vehicle for the Fire Suppression Division of the Fire Department in the total amount of $28,809.53, 6-H: POLICE SERVICE DOG: A recommendation was approved that Police Service Dog Enno be retired from service and sold to Officer Larry Horn, the assigned handler, for the sum of one dollar. END OF CONSENT CALENDAR 6-E: HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY: Presented was a staff report transmitting an ordinance for adoption and second reading adding Chapter 5 to Article V of the 3 February 10, 1987 258 Santa Monica Municipal Code relating to hazardous materials release response plans and inventory. Mayor Pro Tempore H. Katz moved to hear from a member of the public for two minutes. The motion died for lack of a second. Councilmember Zane moved to adopt Ordinance No. 1400 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5 TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE RELATING TO HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY," I 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 7-0 6-F: ELECTRICAL SUPPLIES: Presented was a staff report recommending award of bid for miscellaneous electrical supplies for a one-year period per specified unit prices, plus aplicable sales tax. Mayor Pro Tempore H. Katz introduced discussion and moved to approve the staff recommendation, thereby awarding Bid No. 2094 to Consolidated Electrical Distributors at specified unit prices and percentage discount on items not listed on the bid for a one-year period, plus applicable sales tax, as the lowest and best bidder. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Finkel 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 at various areas in the City (S-87-93). At 8:40 p.m., the public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember Reed moved to approve the staff recommendation, thereby adopting Resolution No. 7372(CCS) entitled: lIRESOLUTION 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-87-93), II reading by title only and waiving further reading thereof. Second by Councilmember A. Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 7-B: GENERAL PLAN HOUSING ELEMENT (INCLUSIONARY HOUSING): Presented was a staff report and a public hearing regarding proposed amendments to Program 12 (Inclusionary Housing) of the General Plan Housing Element. Councilmember Reed moved to continue the hearing to February 24, 1987, and so notice the public and instruct the Clerk to renotice as whatever the law requires. Second by Mayor Pro Tempore H. Katz. There being no objection, it was so ordered. Discussion was held. councilmember Reed moved an amendment to change the date of the hearing to March 10, 1987, and asked the Mayor to read the names 4 February 10, 1987 I 259 of those who submitted chits and hear tonight from those who cannot come to the meeting of March 10. Second by Mayor Pro Tempore H. Katz. The motion, as amended, was unanimously approved. Councilmember Reed moved to hear from Edwin Feigin now and direct the Clerk to incorporate the content of his remarks into the record so that we will have it before us on March 10. There was no obj ection to the motion. Edwin Feigin spoke in favor of the proposed changes to the housing element. 8-A: ALCOHOL EFFECTS ON PREGNANCY: Presented was a staff report and a public hearing transmitting an ordinance for introduction and first reading requiring posting of signs informing the public of the danger of consuming alcoholic beverages during pregnancy. The public hearing was declared opened. There being no one else wishing to be heard, the public hearing was declared closed. Discuss ion was held . At 8: 50 P . m., Gerald Brei tbart spoke in support of the concept but in opposition to the ordinance as written. Ken Schonlau spoke in support of the ordinance. Councilmember Finkel moved to introduce the ordinance for first reading. Second by Councilmember Zane. Discussion was held. Mayor Pro Tempore H. Katz moved a substitute motion to put this off in order to meet with Mr. Brei tbart to try to work out a solution that is amicable to the Restaurant Association as well as to the City, come up with a solution that is positive, and bring it back in thirty days. Second by Councilmember Reed. Discussion was held, during which time staff requested further direction. Mayor Pro Tempore H. Katz incorpora ted into the motion Councilmember Reed's suggestion that staff direction include contacting the County Health Department to ask them what phone number they would like to have phone calls referred to because the signs will have a phone number on them, and that signs ought to be in the bathrooms along wi th other locations--either the lobby entrance, cards on the tables or on the menus--allowing the restaurant to make the choice as long as they have one public location in addition to the bathroom location; further, that wording on the Philadelphia sign is preferred over the wording in the proposed ordinance. Mayor Pro Tempore H. Katz also incorporated into the motion that the concept of a graphic on the sign is highly important. Discussion was held. The substitute motion, as amended, was approved by unanimous vote. 8-B: FIRE SAFETY/PREVENTION: Presented was a staff report and a public hearing regarding an emergency ordinance for introduction and adoption amending fire safety and prevention requirements. The public hearing was declared opened. Joy Fullmer spoke in opposition to costs resulting from the proposed ordinance. There being no one else wishing to speak, the public hearing was declared closed. Councilmember A. Katz moved to introduce and adopt an emergency ordinance 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," reading by title only and waiving further reading thereof, with a May 1st (compliance) date in it. Second by Councilmember Reed. Discussion was held. Councilmember Zane moved to amend the date of compliance to July 1st, with the 5 February 10, 1987 260 understanding that staff will calendar this item so that Council's decisions can be made prior to May 1st. Both the maker and the second accepted the amendment, thereby incorporating it into the motion. Discussion was held. The motion failed by the following vote ( five votes being required to pass an emergency ordinance) : council vote: Affirmative: Councilmembers Jennings, A. Katz, Reed, Zane Negative: Counci1members Finkel, H. Katz, Mayor Conn Councilmember Reed moved to reintroduce the ordinance (absent the emergency language for first reading) as a regular ordinance, with the dates as in the previous motion, thereby introducing for first reading an ordinance entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SUPPLEMENTAL FIRE SAFETY AND PREVENTION REQUIREMENTS, II reading by title only and waiving further reading thereof. Second by Councilmember A. Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmernbers Jennings, A. Katz, Reed, Zane Negative: Councilmembers Finkel, H. Katz, Mayor Conn II-A: EMERGENCY HOMELESS SHELTER SERVICES: Presented was a staff report regarding the possible use of public facilities including the East Room of the Civic Auditorium, Miles Playhouse and the Memorial Park Gymnasium for short-term emergency homeless shel ter services. Discussion was held. Members of the public Mark Harding, Ellen Wohl, Joy Fullmer, Pam Rice, Kleg Seth, Alan RObinson, Jerry Gordon, David McAllister, Irene Zivi, Gwen Pentecost, Charles Elswick, Mallory Pearce, Ken Schonlau, Mona LaVine, Ham D 'Arcus , and Daniel Kelley spoke in support of homeless shelter services. Ulysses Gibson, Donna Alvarez, Russ Latimer, Nat Trives, CeCe Bradley, Clyde Smith, Jean Gebman, Lawrence Corbell, and Pat Potter spoke in opposition to the use of Memorial Park facilities for the homeless. Discussion was held. Councilmember Finkel moved the following: that we not adopt the Memorial Gym proposal tonight as our first choice; that we not adopt the COld-snap program tonight as our first choice, but rather take the middle ground, and instruct staff to implement the voucher program, and that we do that in tandem with two other things: first, while the voucher program is being implemented, we further instruct staff to conduct a search for a facility which can be generated into a permanent public shelter, and that we set that as a goal for this City knowing that we may not be able to do it next month, the month after that, or maybe even by summer, or maybe it won't even come into realization until next year, but announce it as a goal now, so that staff knows when they engage in that search that they are doing it with the support of the City council and they know that, 6 February 10, 1987 I I 261 when they find a place that deals with all of the social concerns which have been expressed by the community tonight, that we will rally behind it, and we will finance it, and we will support it and we will try to press the community into support as well: and third, I would propose that as part of that program, we also instruct staff to, when they make the judgement that, on a given night or a given series of nights, the voucher program is not adequately bringing in those who have to be brought in out of the inclement weather, that they be given the authority and instruction to open up other public spaces, such as the East Wing of the Civic, maybe even the lobby of the City Hall, whatever spaces they think are appropriate that do not run into the problems of spaces that have been criticized, such as the seismic problem at the Miles Playhouse and the Memorial Gym because of the problems that have been expressed tonight, so that we will end up with, at least for this year, a three-part program: (1) setting up the voucher system and implementing it right away, so that people can be given a place to stay, get some sanitary facilities and get that help, have it done through a screening process through the social service agencies, and have it followed up by counseling and attempts to help them during the day; (2) conduct a search to find a facility, come back to council with a recommendation for ways and means of having the city find, obtain, purchase, open up, run, whatever recommendations they make that we can buy when we hear it, a long-term public shelter facility; and (3) use the public spaces as a fall-back on emergency nights. Second by Councilmember A. Katz. Discussion was held. Councilmember A. Katz moved to extend the meeting to 12:30 a.m. Second by Councilmember Reed. The motion to extend the meeting was unanimously approved. Discussion was held. With the consent of the second, Councilmember Finkel incorporated into his motion the following: authorize the city Manager to set up and implement the voucher program and allocate $15,000 for vouchers and related costs. Councilmember Reed moved that the motion be divided into three parts for voting purposes: the first part being the voucher program with the allocation of funds, the second being the instruction to search for the permanent facility, and the third being the instruction regarding the emergency cold-weather shelter. Second by Mayor Pro Tempore H. Katz. The motion was approved. During discussion, and there being no objection, Mayor Conn incorporated into the main motion instruction to staff to come back to Council when the funding gets down to $5,000. The first part of the motion, the voucher program with funds allocation, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 The second part, the search for a permanent facility for the homeless, was approved by a vote of six to one, Councilmember Reed opposed. 7 February 10, 1987 262 Discussion was held in regard to the third part of the motion, emergency cold-weather shelter. Councilmember Reed moved an amendment to instruct staff that the public area, the foyer of City Hall, definitely be included on the list as one of the facilities to turn to, and that Councilmember Zane1s suggestion of the use of buses as per the San Francisco program as former Mayor Trives has suggested also be added to the list for staff to I find out from San Francisco how they dealt with that and to see if it would be applicable here, and also further investigation of the tent on a public parking lot where there would be restroom facil i ties available. Councilmember Finkel, the maker of the motion, and Councilmember A. Katz, the second, incorporated the amendmendment into the main motion. During discussion, Councilmember Finkel pointed out for the record that his motion was that all public facilities be potentially used except those which had been specifically rejected. Discussion was held. Counci1member Reed moved an amendment that we specifically indicate that Memorial Park and Miles Playhouse are not to be considered as part of the cold-weather emergency facility program. Second by Mayor Pro Tempore H. Katz. Discussion was held. The amendment was approved by the following vote: council vote: Affirmative: Councilmembers H. Katz, Reed, Zane, Mayor Conn Negative: Councilmembers Finkel, Jennings, A. Katz The third part of the main motion, as amended, was approved by unanimous vote. 11-B: JULY 4TH BEACH FIREWORKS: Continued to February 24, 1987. 11-C: CITY SIGNAGE PROGRAM: Continued to February 24, 1987. ll-D: TRAFFIC CIRCULATION STUDY CONSULTANT: February 24, 1987. Continued to ll-E: LIABILITY CLAIMS PROGRAM: Continued to February 24, 1987. Il-F: MID-YEAR BUDGET REVIEW: Continued to February 24, 1987. 11-G: CLOSED SESSION: Held later in the evening. 12-A: CONVENIENCE MARKET AT 1865 LINCOLN BOULEVARD: Continued to February 24, 1987. 13-A: SMOKING IN RESTAURANTS: Continued to February 24, 1987. 14-A: THIRD STREET DEVELOPMENT CORPORATION: Presented was the matter of appointing a member to the Third street Development Corporation, continued from January 20, 1987. Counci1member A. Katz moved to postpone this item to February 24, 1987. The motion was duly seconded and unanimously approved. 8 February 10, 1987 I 263 14-B: RECREATION AND PARKS COMMISSION: A motion was made, seconded and approved to continue this item to February 24, 1987. 14-C: HOUSING COMMISSION: Presented was the matter of accepting a letter of resignation from Terry Pullan of the Housing commission and authorizing the City Clerk to publish a notice of vacancy. Councilmember A. Katz moved to accept the resignation with regret and authorize the City Clerk to publish a notice of vacancy. Second by Councilmember Reed. The motion was unanimously approved. 14-0: CLOVERFIELD OFF-RAMP/CONGESTION: A motion was made, seconded and approved to continue this item to February 24, 1987. l4-E: COUNCIL CHAMBER USE: Presented was the request of Mayor Conn to discuss waiving the fee for use of the Council Chambers by the Public Utilities commission on June 19, 1987. A motion was made, seconded and approved to waive the fee. 14-F: AIDS AWARENESS MONTH: Presented was the request of Councilmember A. Katz to discuss proclaiming April as AIDS Awareness Month in Santa Monica and co-sponsoring the Second Annual Community Forum on AIDS. Councilmember A. Katz introduced discussion. Councilmember Zane moved that Council co-sponsor the Second Annual Community Forum on Aids on April 1st. The motion was duly seconded and unanimously approved. Councilmember A. Katz moved to declare April as AIDS Awareness Month in Santa Monica. Second by Councilmemher Reed. The motion was unanimously approved. 14-G: TRANSIT REORGANIZATION: Presented was the request of Councilmember Reed to discuss the position of the city on the current debate over transit reorganization and authorization to carry the city's position to Sacramento. Councilmember Reed introduced discussion and moved to direct staff to prepare a general outline for the concerns that the city would want to address in testimony on transit funding and transit reorganization in order that the city Municipal Bus Line interest will be protected and insured and that it be brought back to Council for review, at which time permission will be requested to take this testimony to Sacramento. Second by Councilmember A. Katz. The motion was unanimously approved. 15. PUBLIC INPUT: None. 11-G: 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: 30 a.m., Council adjourned to Closed Session to consider the following pending cases: State Farm v. City of Santa Monica, Los Angeles superior Court Case No. C 76493; Blodgett v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 090 198; and In re California Aviation, Inc., united states Bankruptcy Court Case No. 86-23264-JD. At 12: 45 a . m., Council reconvened wi th six members present, Mayor Pro Tempore H. Katz absent. 9 February 10, 1987 264 Mayor Conn moved to approve settlement in the case of state Farm in the amount of $9,371. 96. The motion was duly seconded and approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore H. Katz ADJOURNMENT: At 12: 45 a.m., council adjourned the meeting to February 24, 1987 at 7:30 p.m. to consider continued items, adjournment to be in memory 0 rothy Barnes, wife of City employee Ed Barnes. ATTES dfl/. DONN Assis i~ 10 February 10, 1987 I