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M-11/11/1986 (2) I 186 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 11, 1986 A meeting of the Santa Monica city Council was called to order by Mayor Reed at 7:35 p.m., on Tuesday, November 11, 1986, in the Council Chambers. Councilmember Epstein led the assemblage in the pledge of allegiance to the united States of America. Roll Call: Present: Mayor Christine E. Reed Mayor Pro Tempore William H. Jennings Councilmember James P. Conn (entered at 7:40 p.m.) Councilmember David G. Epstein councilmember Alan S. Katz Councilmember Herb Katz councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore Councilmember Zane moved to add late Items 14-H, 14-I, and 14-J. Second by Councilmember Epstein. The motion was unanimously approved. 4 -A: FIRE CHIEF RETIREMENT: Mayor Reed presented Fire Staff Battalion Chief Kenneth White with a commendation for 30 years of service and dedication to the city. 4-B: BICENTENNIAL COMMEMORATION: Presented was a staff report recommending organization of a steering committee for the City's participation as a Bicentennial Community in the 1987 Bicentennial Commemoration of the U.S. Constitution. Mayor Reed introduced discussion and moved the staff recommendation, thereby authorizing the invitation of the individuals outlined in the staff report and supplemental report dated November II, 1986 to join the Steering Committee for Santa Monica's participation as a Bicentennial Community in the commemoration of the 200th Anniversary of the United States Constitution in 1987. Second by Councilmember A. Katz. Discussion was held. Councilmember H. Katz moved an amendment to add SPAN, Mid-Ci ties, and Concerned Homeowners to the neighborhood groups to be invited to become members of the steering Committee. Second by Mayor Pro Tempore Jennings. The motion was unanimously approved. Mayor Pro Tempore Jennings moved an amendment to add the Chair/Executive Director of the Arts commission to the list. Second by Councilmember Conn. The motion was unanimously approved. The main motion, as amended, was unanimously approved. 1 November 11, 1986 187 SPECIAL JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY: At 7:50 p.m., a special joint meeting of the City council and Redevelopment Agency was called to order by Chairperson Reed. Roll Call: Present: Chairperson Christine E. Reed Chairperson Pro Tempore william H. Jennings Member James P. Conn Member David G. Epstein Member Alan S. Katz Member Herb Katz Member Dennis Zane Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore CC/RA-1: THIRD STREET MALL FUNDING: Presented was a staff report recommending that the city Council appropriate funds from the sale of Certificates of participation for construction of public improvements in the Third street Mall Area and that the Redevelopment Agency appropriate funds to repay General Fund interest on certain previously approved loans. Discussion was held. Councilmember Epstein moved to approve the staff recommendation, thereby (1) appropriating $304,721 from the proceeds from the sale of Certificates of Participation to 01-700-263-000-729 (Cost of Issuance), and (2) appropriating $6,067,398 from the proceeds from the sale of Certificates of Participation to 01-720-263-000-921 (Mall Improvement Project). Second by Counci1member Conn. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Agency Member Epstein moved to approve the staff recommendation, thereby (1) appropriating $500,000 to account number 16-720-263-000-908 (Mall Development Fund) and $500,000 to account number 16-720-263-000-911 (Mall Development Reserve), and (2) authorizing the Agency staff to repay the General Fund $1,497,000 in interest only on loans previously advanced to the Redevelopment Agency from the following accounts: $200,000- 16-720-263-000-903, $297,000 16-720-263-000-907, $500,000 16-720-263-000-908, $500,000 - 16-720-263-000-911 = $1,497,000 total. Second by Member Conn. The motion was approved by the following vote: Agency vote: unanimously approved 7-0 ADJOURNMENT: At 7:55 p.m., a motion was made, duly seconded, and unanimously approved to adjourn the Redevelopment Agency meeting. 2 November 11, 1986 I I 188 REGULAR CITY COUNCIL MEETING RECONVENED 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 Conn moved to approve the Consent calendar, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The minutes of the city Council meeting held October 28, 1986, were approved. 6-B: SOLICITATIONS AND PEDDLING: Ordinance No. 1390(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2B TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE RELATING TO SOLICITATIONS AND PEDDLING AND REPEALING SECTIONS 6243 THROUGH 6243J OF THE SANTA MONICA MUNICIPAL CODE, II was adopted. 6-C: VEHICLE STORAGE FACILITIES/WATER DIVISION: A recommendation was approved to award contract No. 4848 (CCS) to Summit Builders in the amount of $214,926 for the design and construction of three vehicle storage facilities for the Water Division, authorize the use of $44,750 from account 25-760-671-000-904 for design and construction projects, and authorize the issuance of necessary change orders not to exceed funds available and in conformance with Administrative Instructions. 6-D: DOMESTIC WATER SUPPLY: A recommendation was approved to authorize the City Manager to negotiate and execute Contract No. 4849(CCS) with Kennedy/Jenks/Chilton in the amount of $182,000 to provide professional design services for additional treatment capacity for the domestic water supply system. 6-E: CITY CLERK SALARY: Resolution No. 7336(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY AND BONUS PAYMENT FOR THE POSITION OF CITY CLERK," was adopted. 6-F: COMPREHENSIVE ANNUAL FINANCIAL REPORT: The Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 1986, was received and filed. 6-G: GENERAL PLAN TEXT AMENDMENT/CM DISTRICT: A recommendation was approved to continue the appeal filed by Peter de Krassel of the Planning commission denial of the General Plan Text Amendment to the eM District, permitting hotels south of Bay Street, from November 25, 1986, to January 13, 1987. END OF CONSENT CALENDAR 3 November 11, 1986 189 a-A: REDEVELOPMENT PLAN LIMITATIONS/OCEAN PARK, PACIFIC OCEAN PARK, AND DOWNTOWN PROJECTS: Presented was a staff report transmitting an ordinance for introduction and first reading regarding the establishment of required limitation for redevelopment plans for the Ocean Park 1 (a), Ocean Park 1 (b) , Pacific Ocean Park, and Downtown Redevelopment Projects. Discussion was held. At 8: 05 p.m., the public hearing was I declared opened. Wayne Hall spoke regarding problems with the pico Kenter storm drain. There being no one else wishing to be heard, the public hearing was declared closed. Councilmember Conn moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR THE OCEAN PARK PROJECT NO. lea) REDEVELOPMENT PROJECT, AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 3 3 3 3 3 . 4 ," reading by ti tIe only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Conn, Epstein, Jennings, A. Katz, H. Katz, Zane Negative: Mayor Reed Mayor Reed requested the record to reflect that her no vote is because she does not personally approve of the eminent domain language. Councilmember Conn moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR THE OCEAN PARK PROJECT NO. 1 (b) REDEVELOPMENT PROJECT, AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333. 4, " reading by title only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Conn, Epstein, Jennings, A. Katz, H. Katz, Zane Negative: Mayor Reed Mayor Reed requested the record to reflect that her no vote is for the reason previously stated. Councilmember Conn moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR THE PACIFIC OCEAN PARK REDEVELOPMENT PROJECT AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333. 4," reading by title only and waiving further reading thereof. Second by Councilmember Epstein. The notion was approved by the following vote: Council vote: Affirmative: Councilmembers Conn, Epstein, Jennings, A. Katz, H. Katz, Zane 4 November 11, 1986 I 190 Negative: Mayor Reed Mayor Reed requested the record to show that her no vote is for the reason previously stated. Councilmember Epstein moved to introduced for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT, AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.4,11 reading by title only and waiving further reading thereof. Second by councilmember Conn. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 II-A: DONALD DOUGLAS MUSEUM/AIRPORT: Presented was a staff report recommending authorization for the city Manager to negotiate and execute an amendment to contract No. 4671(CCS) with Supermarine of Santa Monica, which adds a parcel to the leasehold in exchange for commi tment by Supermarine to construct a new Donald Douglas Museum at the Airport. Discussion was held. Councilmember Conn moved to approve the staff recommendation, thereby authorizing the City Manager to negotiate and return to Council for final approval an amendment to Contract No. 467l(CCS) with Supermarine adding a parcel to the leasehold in exchange for a commitment to construct a new Donald Douglas Museum at the Airport. Second by councilmember H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Il-B: PREFERENTIAL PARKING ZONE: Presented was a staff report regarding the status of preferential parking, recommending direction to the City Attorney to prepare an ordinance establishing a preferential parking zone on Bicknell Avenue, Pacific street, strand Street, and Hollister Avenue between Neilson Way and Ocean Avenue/Barnard Way, and instructing the Planning staff to prepare an initial study and negative declaration for the proposed expansion of Zone B. Discussion was held. Member of the public Susan Peterson spoke in support of preferential parking. Councilmember H. Katz moved to waive the rules to hear from a member of the public who turned in a late chit. Second by Councilmember A. Katz. The motion failed by a vote of 4 to 3, councilmembers Epstein, Jennings and Reed opposed. Discussion was held. Mayor Reed moved to approve the staff recommendation, thereby instructing the city Attorney to prepare an ordinance to expand Preferential Parking Zone B to include Bicknell Avenue, Pacific street, strand Street and Hollister Avenue between Neilson Way and Ocean Avenue/Barnard Way, and instructing the Planning staff to prepare an initial study and negative declaration for the proposed expansion of Zone B. Second by Councilmember Epstein. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Conn, Epstein, Jennings, A. Katz, Zane, Mayor Reed 5 November 11, 1986 191 Negative: Councilmember H. Katz ll-C: CITY USER FEES: Presented was a staff report recommending authorization for the city Manager to negotiate a contract with David M. Griffith and Associates to perform a comprensive review of city user fees and to appropriate the necessary funds. Discussion was held. Councilmember A. Katz moved to approve the staff recommendation, thereby authorizing the city Manager to I negotiate and execute Contract No. 4850(CCS) with David M. Griffith and Associates to perform a comprehensive review of the City's user fee structure, and appropriate $85,300 at account number 01-110-205-000-506. Second by Councilmember H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Conn Il-D: CLOSED SESSION: Presented later in the evening. 12-A: CONDITIONAL USE PERMIT/CONDOMINIUM SUBDIVISION AT 927 FIFTH STREET: Presented was a staff report recommending denial of an appeal of the Planning Commission I s decision to approve Conditional Use Permit 427 and Tentative Tract Map 44741 for a 6-unit condominium subdivision at 927 Fifth street. Discussion was held. Marilyn Spivey, appellant, spoke in opposition to the project due to parking problems. Discussion was held. Laurie B. Heyman, representing the applicant, spoke in support of the project and requested street access to the parking garage. Discussion was held. Councilmember Epstein moved to deny the appeal and approve Tentative Tract Map 44741 and Conditional Use Permit 427 with the findings and conditions contained in the October 6, 1986, Planning commission Statement of Official Action. Second by Councilmember H. Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Conn, Epstein, A. Katz, H. Katz, Zane, Mayor Reed Negative: Mayor Pro Tempore Jennings 14-A: PIER RESTORATION CORPORATION: Presented was the matter of appointment of seven members to the pier Restoration Corporation. Nominations were declared opened. Councilmember H. Katz moved to nominate Henry Custis, Ken Genser, Cheryl Rhoden, and Wayne Wilson for three-year terms each, and defer the other appointments to the meeting of December 9th. Second by Councilmember Zane. Discussion was held. Councilmember H. Katz moved to unanimously reappoint custis, Genser, Rhoden and Wilson to 3-year terms. Second by Councilmember A. Katz. The motion was unanimously approved. Therefore, Henry Custis, Ken Genser, Cheryl Rhoden, and Wayne Wilson were reappointed to the pier Restoration Corporation for terms ending November 14, 1989. 14-B: WOMEN- OR MINORITY-OWNED BUSINESS: Presented was the request of Mayor Pro Tempore Jennings to discuss direction to 6 November 11, 1986 I 192 staff to report on the possible awarding of bids to the second lowest bidder if a woman- or minority-owned business, continued from October 28, 1986. Discussion was held. Mayor Pro Tempore Jennings introduced discussion. Councilmember Zane moved to direct staff to evaluate the WHBE program and provide Council with an analysis of policy options available. Second by Mayor Pro Tempore Jennings. Discussion was held. The motion was unanimously approved. 14-C: AUTOMOBILE REPAIR BUSINESSES/LINCOLN BOULEVARD: Presented was the request of Councilmembers A. Katz and H. Katz to discuss the request that staff and the Planning Commission study the concept of restricting the automobile repair business within one block on specific areas on Lincoln Boulevard to alleviate automobile and noise congestion. Councilmember A. Katz introduced discussion and moved to instruct staff, along with the Planning Commission, to study the concept of restricting automobile repair businesses within a specific area along Lincoln Boulevard and report back to Council. Second by Councilmember H. Katz. There being no objection, it was added this be dealt with in the context of the Zoning Ordinance. Discussion was held. The motion was unanimously approved, Councilmember Zane absent. 14-D: POLLUTION IN THE BAY: Presented was the request of Mayor Reed to discuss support of the U. S . Department of Justice and EPA in a lawsuit against Chevron Oil Company to protect the bay from further pollution by coastal industries and storm drain outflows. Mayor Reed introduced discussion and moved for council to concur with the City of Hermosa Beach and support them in the manner recommended in their letter which is essentially through communication with the County and the u.s. Government. Second by Councilmember Conn. Discussion was held. The motion was unanimously approved, Councilmember Zane absent. 14-E: PROTECTION OF VIEW FROM ADELAIDE DRIVE: Presented was the request of Mayor Reed to discuss direction to staff to initiate the necessary work to provide for protection of the view from Adelaide Drive. Mayor Reed introduced discussion. Mayor Pro Tempore Jennings moved to hear from a member of the public wishing to be heard. Second by Councilmember A. Katz. The motion failed. Discussion was held. Mayor Reed moved to direct staff to continue in their efforts to support the neighbors and authorize them to appear in hearings having to do with view blockage from the public right of way on Adelaide Drive, and further indicate that we should coordinate with Los Angeles City Councilman Braude's office in this area. Second by Councilmember A. Katz. The motion was unanimously approved, Councilmember Zane absent. 14-F: WATER BOARD HEARING ON SANTA MONICA BAY: Presented was the request of Mayor Reed to report regarding the Regional Water Quality Control Board hearing on Santa Monica Bay. Mayor Reed presented an outline of her testimony. Discussion was held. 14-G: NEIGHBORHOOD NOTIFICATION FOR PROPOSED DEVELOPMENTS: Presented was the request of Councilmember H. Katz to discuss a 7 November 11, 1986 193 mechanism by which the City can notify neighborhoods of proposed developments and the developer pay the cost. councilmember H. Katz introduced discussion and moved to hear from a member of the public wishing to be heard. Second by Councilmember A. Katz. The motion failed. Discussion was held. Councilmember Zane moved to ask staff to prepare for Council a memo detailing the city's current notification policies and procedures, what the trigger points are, what the radiuses are, who within that radius is affected, who pays, and include any suggestions staff may have for discussion purposes. Second by Councilmember A. Katz. Discussion was held. The motion was unanimously approved. l4-H: THIRD STREET DEVELOPMENT CORPORATION: Presented was the matter of acceptance of a letter of resignation from John Blumthal of the Third Street Development Corporation and authorization to the City Clerk to publish a notice of vacancy. Councilmember Conn moved to accept Mr. Blumthal 's resignation with regret and authorize the city Clerk to publish a notice of vacancy. Second by Councilmember Epstein. Discussion was held. The motion was unanimously approved. l4-I: ELECTION CAMPAIGN LITERATURE: Presented was the request of Mayor Pro Tempore Jennings to discuss the matter of election campaign literature. Mayor pro Tempore Jennings introduced discussion and moved the following: 1) the City Attorney is directed not to give any opinions concerning state or local law to private citizens merely upon their request, 2) that any communications with campaigns concerning election matters of general interest are to go through the city Clerk and be communicated equally to all campaigns involved in that election, and 3) that opinions rendered by the City Attorney to councilmembers on matters of general interest should be communicated equally to all other Councilmembers. Second by Mayor Reed. Discussion was held. Councilmember Epstein moved to table the matter. Second by councilmember Conn. The motion to table was approved by a vote of 6 to 1, Mayor Pro Tempore Jennings opposed. l4-J: PROPOSITION 63/ENGLISH AS OFFICIAL LANGUAGE: The request of Councilmember Epstein to discuss implications for the City of compliance with Proposition 63 (English as official language) was withdrawn at the request of councilmember Epstein. 11-D: CLOSED SESSION: Presented was a request for Closed Session to consider personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the City. At 9:58 p.m., Councilmember Conn moved to retire to Closed Sesion to consider the following cases: California Aviation v. City of Santa Monica, Los Angeles Superior Court Case No. C 306538 and city of Santa Monica v. California Aviation, Los Angeles Superior Court Case No. C 549178; Santa Monicans for Reasonable Growth v. City of Santa Monica et al., Los Angeles Superior Court Case No. e 583600; Martin and Cynthia Ratner et al. v. city of Santa Monica, Los Angeles Superior Court Case No. C 605398; Jones v. city of Santa Monica et al., Santa Monica Superior Court Case No. WEC 100365; Stark v. City of santa Monica, et al., Los Angeles s November 11, 1986 I I 194 Superior Court Case No. C 404504; and Millstein v. City of Santa Monica, Santa Monica superior court Case No. WEC 96624. Second by Mayor Reed. The motion was unanimously approved. At 10: 24 p.m., council reconvened with six members present, Councilmember H. Katz absent. Councilmember Millstein v. Councilmember vote: Council vote: Zane moved to approve settlement in the case of City in the amount of $5,500. Second by Conn. The motion was approved by the following Unanimously approved 6-0 Absent: Councilmember H. Katz ADJOURNMENT: At 10: 25 p.m., Counci1member Epstein moved to adjourn the meeting in memory of Beullah sippie Wallace, one of the great Blues musicians of this century. Second by Councilmember Conn. The motion was unanimously approved. ATTEST: ~YJ; Ann M. Shore City Clerk APPROVED: U:L~-- ~ ~- t~~ ~/Christine E. Reed Mayor 9 November II, 1986