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M-9/25/1984 37 CITY OF SANTA MONISA CITY COUNCIL MINUTES SEPTEMBER 25, 1984 A meeting of the Santa MonIca CIty CouncIl was called to order by Mayor Edwards at 6:00 P.M. on Tuesday, September 25, 1984, In the Council Chambers. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press (entered during Slosed SessIon) Councilmember James P. Conn Councilmember DavId G. Epstein (entered durIng Slosed Session) Councilmember William H. Jennings Councilmember Christine E. Reed (entered durIng Slosed Session) Councilmember Dennis Zane Acting City Manager John Jalili CIty Attorney Robert M. Myers City Clerk Ann M. Shore CLOSED SESSION: At 6:01 P.M., Councllmember Conn moved to ad- Journ to Closed Session called to discuss pendIng litigation and personnel matters. Seond by Councilmember JennIngs. The motion was approved by unanimous vote. Council reconvened at 7:33 P.M., wIth all members present. (Action was announced In conjunction wIth Agenda Item 9-A). At 7:34 P.M., Councilmember Epstein moved to adJourn the SpeCIal Meeting of the City CounCIl. Second by Councilmember Conn. The motion was approved by unanimous vote. REGULAR CITY COUNCIL MEETING A regular meeting of the Santa Monica CIty CounCIl was called to order by Mayor Edwards at 7:35 P.M. Councllmember Zane led the assemblage in the pledge of allegiance. Reverend Curtis Ring- ness, Assembly of God, offered the invocation. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn Councilmember DavId G. Epstein Councilmember WIllIam H. Jennings Councilmember ChrIstIne E. Reed Councilmember DennIS Zane September 25, 1984 Q Acting Clty Manager John Jalili City Attorney Robert M. Myers Clty Clerk Ann M. Shore Counc ilmember Conn moved to add Items 6-G, 11-B, 11-C, 14-C, 14-0, 14-E and 14-F to the Agenda. Second by Councilmember Reed. The motion was approved by unanimous vote. Councllmember Epstein requested that Item 11-A be continued to October 9, 1984. There belng no objection, the Item was continued. 4-A: BOARD AND COMMISSION VACANCIES: The City Clerk announced that appllcatlons are invited to fill vacancies on the Houslng Commission, Library Board and Los Angeles County West MosqUlto Abatement District. 4-B: PLANNING COMMISSION: Mayor Edwards presented a plaque to Susan Cloke, outgOing member of the Planning Commission, in recognitlon of public serVlce. 5-A: FIRE PROTECTION: Presented was an ordlnance for introduction and fust reading amend 109 supplemental fire protection provisions. The PubllC Hearing was declared open at 7:40 P.M. There belng no one wishing to speak to tne matter, Councllmember Epsteln moved to close the Public Hearing at 7: 41 P. M. The motion was duly seconded and approved by unanimous vote. D1Scussion was held.CouncilmemberEpstein moved to table the item. Second by Councilmember Reed. The motion was approved by a vote of 6 ln favor, one opposed. Councllmember Zane moved to direct staff to study the posslbility of developing a program to ass 1st low income tenants in the buildings affected by rent increases effectuated by the sprinkler portion of the fire protectlon ordinance, report on the flscal impact, and how to provlde such a subsidy. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 5-B: PERSONNEL BOARD/DIRECT APPOINTMENTS POLICY: Presented was the request of Councilmember Jennings to discuss the possibility of a joint meeting Wl th the Personnel Board regarding direct appointments. Councilmember Jennings introduced dlScussion regarding the Personnel Board's POllCY on dlrect appointments. Councilmember Jennlngs moved to dlrect staff to set up a Joint meetlng Wl th the Personnel Board for the purpose of discussing dlrect appolntments. Second by Councilmember Zane. Discussion was held. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are consldered and approved in one motlon unless removed from the Calendar for discussion. Councilmember Conn move? to approve the Consent Calendar wlth the exceptlon of 2 September 25, 1984 3 Items 6-A, 6-D, 6-F, and 6-G, reading resolutIons and ordInances by title only and waiving further reading thereof. Second by Councllmember Reed. The motIon was approved by the following vote: CouncIl Vote: UnanImously approved 7-0 6-B: PROC:LAMATION OF LOCAL EMERGENC:Y: Resolution No. 6918(CCS) entItled: "4 RESOLUTION OF THE CITY COUNC:IL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-C:: HANDICAPPED ZONE: Resolutlon No. 6919(CCS) entitled: "A RESOLUTION Of THE CITY C:OUNCIL OF THE C:ITY OF SANTA MONIC:A ESTABLISHING A PHYSICALLY HANDICAP ZONE ADJACENT TO 2451 20TH STREET," was adopted. 6-E: TRASH C:ONTAINERS: BId No. 1957 was awarded to Container Repair Services at unit prices bId for on-site repair and paIntIng of metal trash containers for the Refuse CollectIon/DIsposal DIVISIon. END OF CONSENT CALENDAR 6-A: APPROVAL OF MINUTES: Presented for approval were minutes of the CIty Council meeting held June 12, 1984, and June 19, 1984. Councllmember Epstein moved to approve the minutes of June 19, 1984, as presented and to contInue approval of the minutes of June 12, 1984 to review the record. Second by councllmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-D: CONVENTION AND VISITOR'S BUREAU: Presented was a staff report recommendIng approval of amendments to By-laws of the Convention and Visitor's Bureau. Mayor Edwards moved to approve the staff recommendatIon, thereby approvIng amendments to the By-laws of the Convention and VISItor's Bureau and authorIzing the Clty Manager to take the necessary steps to implement them. Second by Councilmember Conn. The motion was approved by the following vote: CouncIl Vote: AffIrmatIve: Councllmembers Conn, JennIngs, Press, Reed, lane and Mayor Edwards Negatlve: Councilmember Epstein 6-F: SCHOOL PLAYGROUND/PARK AND RECREATION FACILITY GRANT: Presented was a staff report recommending the City Manager be authorized to negotiate a lease agreement with the Santa Monica-Mallbu UnIfIed School DIstrIct and to submit a CalIfornIa Parks and Recreation Faclllty Act of 1984 Regional C:ompetitive Grant ApplIcation for development of up to four elementary 3 September 25, 1984 2 school/park sites (Grant, Rogers, Franklin and Roosevelt). DIScussIon was held. Counc ilmember Reed moved to approve the staff recommendation, thereby authorizing the City Manager to negotiate Contract No. 4221(CCS) beIng a lease agreement wIth the Santa Monica-Malibu Unifled School DIstrict to establish CIty land tenure and to submit applIcations for Regional CompetItIve Grants program for development of up to four school propertIes; further urging the school district to consider McKInley School as a possIble additional site. Second by Mayor Edwards. Discussion was held. The motion was approved by the following vote: CounCIl Vote: Unanimously approved 7-0 6-G: CONDITIONAL USE PERMIT/1941 EUCLID STREET: Presented was a staff report recommendIng adoption of fIndings relating to the appeal of MIchael W. Folonis regardIng construction of a SIx-unIt condominium at 1941 Euclid Street, heard on May 22, 1984. Councllmember Reed moved to approve the staff report, thereby adopting findings relating to the appeal of Michael W. Folonis regardIng construction of a six-unit condomInIum at 1941 EuclId Street. Second by Mayor Edwards. The motIon was approved by the following vote: Council Vote: AffIrmatIve: Councilmembers EpsteIn, Jennings, Reed and Mayor Edwards Negative: Councilmember Conn Abstain: Councilmembers Press and Zane Councilmember Conn requested the record to reflect hIS negative vote in that he believes this was bad public policy and a different approach should have been taken. Councilmember Zane requested the record to reflect his abstention In that he was not present during the previous dIScussion when the deCIsion was made. 8-A: HOLIDAY PARKING DEFINITION: Presented was a staff report transmIttIng an ordInance for Introduction and fIrst reading changing the MUnJ.cIpal Code defInitIon of "holiday" related to parking regulations. The Public Hearing was declared open at 8: 14 P.M. There beIng no one WIshing to speak, Councilmember Epstein moved to close the Public Hearing at 8: 15 P. M. The motion was approved by unanImous vote. Mayor Pro Tempore Press moved to introduce for fIrst readIng an ordInance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3388B OF THE SANTA MONICA MUNEIPAL CODE TO REVISE THE DEFINITION OF HOLIDAY," readwg by tItle only and waiVIng further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanlmously approved 7-0 4 September 25, 1984 3 8-B: TOXI~ CHEMI~AL DISCLOSURE LAW: Presented was a staff report transmitting an ordinance for introduction and first readIng amending the Toxic ChemIcal DIsclosure Law. The Public Hear ing wa s declared open at 8: 17 P. M. There beIng no one wishIng to speak, Councilmember EpsteIn moved to close the Public Hearing at 8:18 P.M. Second by Councilmember Reed. The motion was approved by unanImous vote. Councl.lmember Epstein moved to introduce for first reading an ordinance entl.tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SE~TION 5302 RELATING TO TOXIC CHEMICAL DISCLOSURE," reading by title only and waiving further readIng thereof. Second by Councilmember Zane. The motion was approved by the following vote: CounCIl Vote: Unanimously approved 7-0 8-C: DISCRIMINATORY CONDUCT/SEXUAL ORIENTATION: Presented was a staff report transmitting an ordInance for introductl.on and fl.rst reading addIng to the MUnlCl.pal Code regulations prohIbIting dl.SCrlminatlon on the basis of sexual orientation. The Publl.c Hearing was declared open at 8:22 P.M. Member of the public, Sam WeinsteIn spoke in support of the proposal. There being no one else WIshing to speak, Councllmember Zane moved to close the Public Hearing at 8: 26 P. M. ., The motion was approved by unanimous vote. ~ouncilmember Zane moved to Introduce for first reading an ordinance entitled: "AN ORDrNANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9 TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE REGARDING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION," reading by title only and waiving further readl.ng thereof. Second by Mayor Pro Tempore Press. The motion was approved by the followl.ng vote: Councll Vote: Afflrmative: Councl.lmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councllmember Epstein Councilmember EpsteIn requested the record to reflect hIS negatIve vote in that he believes this ordinance appears to endorse or encourage homosexuality. 8-0: RESIDENTIAL BUILDING REPORTS: Withdrawn at the request of staff. 9-A: SANTA MONICA FIREFIGHTERS: (Considered in Closed Session at begInning of meeting.) Councilmember Reed moved to adopt Resolution No. 6920(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SANTA MONICA FIREFIGHTERS LOCAL 1109, IAFF," readIng by tItle only and walvIng further readIng thereof, approvl.ng Contract No. 4222(CCS) wIth the Santa Monica 5 September 25, 1984 4 F1refighters ASSOCIatIon Local 1109 IAFF. Second by Mayor Edwards. The motIon was approved by the followIng vote: Council Vote: AffIrmatlve: Councllmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards Abstain: Councilmember Epstein Councilmember Epstein requested the record to reflect his abstention In that he arrived late for the Closed SeSSIon at Wh1Ch the matter was discussed; he therefore does not feel adequately brIefed to take a pOSItIon at this tlme. 11-A: TENANT OWNERSHIP RIGHTS CHARTER AMENDMENT: October 23, 1984. Continued to 11-B: AIRCRAFT FUELING FACILITY: Presented was a staff report recommending authorizatIon be given to operate an a1rcraft fueling facility at the Santa Monica MunICIpal Airport, approval of employee posItIons, approval of related approprIations, and transmitting a resolutIon for adoption waiving competitive bidding procedures for a period of 90 days to purchase aviation fuel on the open market. Discussion was held. Councilmember Epstein moved to approve the staff recommendation, thereby authorizIng the operation of an aircraft fueling faCIlity at the AIrport, approving employee positions, approving related appropr1ations, and adoptIng ResolutIon No. 6921 (CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONEA WAIVING COMPETITIVE BIDDING PROCEDURES AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF AVIATION FUELS," reading by title only and waiVing further readIng thereof. Second by Councilmember Reed. The mot1on was approved by the follow1ng vote: Council Vote: UnanImously approved 7-0 11-C: FRUIT FLY ERADICATION: The CalifornIa Department of Food and Agr1cul ture presented a sl ide show and report on fruIt fly eradIcation efforts in the CIty of Santa MonIca. 11-0: CLOSED SESSION: Held later 1n the meetIng. 13-A: REGISTRATION OF VOTERS: Presented was the request of DanIel Cohen to address Council regarding prohibition of voters by social and neIghborhood agenCIes in Santa MonIca. Mr. Cohen spoke regardIng the need to have voter registration services at the soclal serVIce, publiCly funded agenCIes. DIScussion was held In regard to the CIty'S contractual requirement Wh1Ch prohibIts political actIVItIes on those premises. 14-A: PLANNING COMMISSION: Presented was the matter of the appointment of a member to the PlannIng Commission. NomInatIons were declared open. Councilmember EpsteIn nominated Monroe 6 September 25, 1984 38 Allen. CouncIlmember Conn nominated DorIs Ganga. other nomInatIons, Mayor Edwards closed nominations. the nomInatIons was as follows: Hearing no The vote on Monroe Allen: Councilmembers EpsteIn, Jennings and Reed Doris Ganga: CouncIlmembers Conn, Press and Zane Abstain: Mayor Edwards There being InsuffIcient votes for appointment, nomInatIons were reopened. Councilmember Epstein moved to waive the regulations to permIt late nominations. Second by Councilmember Reed. The motIon was approved by unanimous vote. Councilmember Epstein nomInated Margot Hebald-Heymann. CouncIlmember Conn nominated DorIS Ganga. Hearing no other nominatIons, Mayor Edwards closed nomInations. The vote on the nominations was as follows: DorIS Ganga: CouncIlmembers Conn, Press and Zane Margo Hebald-Heymann: CouncIlmembers and Reed EpsteIn, JennIngs Abstain: Mayor Edwards There being insufficIent votes for appOIntment, Councilmember Conn moved to continue the matter of appointment of a member to the PlannIng Commission to enable additional public notice of this and another recent vacancy (see Item 14-D, resIgnation of Planning CommissIoner Gloria De Necochea), both appOIntments to be made on the same future date. Second by Mayor Pro Tempore Press. The motion was approved by the followIng vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards NegatIve: Councllmember Epstein After dIScussion, Mayor Edwards mov~9, to contInue the matter of appointment of a member to the Planning CommiSSIon to the Council meeting of October 9, 1984. Second by Councllmember Conn. The motion was approved by unanimous vote. 14-B: HOUSING COMMISSION: Presented was a letter of resignation from HOUSIng Commlssion Member Ventura Hernandez. Councilmember EpsteIn moved to accept WIth regret and authorize the CIty Clerk to publIsh a notIce invitIng applications to fill the vacancy. Second by Councilmember Conn. The motion was approved by unanimous vote. DurIng dIScussion, Councllmember Jen,n,lngs moved to direct staff to analyze the powers, duties and functions of the Housing 7 September 25, 1984 '6 Commisslon and report to Gouneil. Second by Mayor Edwards. The motlon was approved by unanimous vote. Mayor Edwards moved to consider Item 14-D at this tlme. Second by Councilmember Epsteln. The motion was approved by unanimous vote. 14-D: PLANNING COMMISSION: Presented was a letter of resIgnation from Planning Commission Member Gloria De Necochea. Councilmember Epstein moved to accept with regret and authorize the City Clerk to publish a notIce inviting applications to fIll the vacancy. The motion was approved by unanlmous vote. 14-C: OIL DRILLING/PACIFIC PALISADES AND SANTA MONICA BAY: Presented were the requests of Councllmembers Epstein, Jennings and Reed to discuss restating Council's position agalnst proposed 011 drllllng in the Pacific PalIsades and Santa Monica Bay area. DurIng dIScussion, ~ouncilmember EpsteIn moved to waive the regulations to permit Councllmembers five mlnutes each to discuss thlS item. Second by Councilmember Jennings. The motion was approved by unanImous vote. Councllmember Reed lntroduced dIScussion regarding Santa Monica's Opposltlon to oil drilling in the Santa Monica Bay and viclnity. After discussion, Councllmember Reed moved to authorize the Mayor to send a letter to the Los Angeles City Plannlng Commission, City CounCIl and Mayor communicating the concerns of Santa Monica with regard to the oil drillIng project in the PalIsades, the pipelIne route, city water lines and water facIlitles, and potential pollutIon in the largest public recreation spot the beaches In Los Angeles County. Second by Mayor Edwards. DIScussion was held. The motIon was approved by unanImous vote. During dIScussion, Councilmember JennIngs moved that Council send a maIlgram to U. S. Senators Cranston and Wilson urging them to actively support the extenslon of the moratorium en 011 drilling In the Santa MonIca Bay, WhICh is due to expire October 1, 1984. Second by Mayor Edwards. The motion waS approved by unanImous vote. During dIScussion, Councilmember Jennings moved that Council contact U.S. Senators and Congressmen concerning amendment of the Coastal Zone Management Act to require consideration of State environmental concern before leasing tracts for off shore development. Second by Mayor Edwards. Mayor Edwards moved to amend the motIon to authorize Councilmembers to testIfy at a hearIng to be conducted by Congressman LeVIne on October 12, 1984 on thIS matter. The maker accepted the amendment as friendly and incorporated it into the main motIon. The motion was approved by unanImous vote. DurIng dIScuSSlon, Councilmember JennIngs moved that CounCIl coordinate with Los Angeles and ether coastal cities in protesting oil lease sale /fi80 and developing a ratIonale for 8 September 25, 1984 3 prohibiting oil leasing and explorat~on east of Catalina Island. Second by Counc~lmember Reed. Councilmember Reed moved to add to the mot1on des1gnation of Councilmember Jennings as the primary representative of the Council in th~s area. The maker accepted the amendment as friendly and 1ncorporated it 1nto the main motion. The motion was approved by unanimous vote. Discussion was held. 14-E: LOS ANGELES COUNTY TRANSPORTATION COMMISSION: Presented was the request of Councilmember Reed to discuss endorsement of Jacki Bacharach and Counc1lmember Reed for re-election to the Los Angeles County Transportation Commission for a full four year term. Councilmember Reed 1ntroduced dIScuss10n on the matter of endorsement of both Jack~ Bacharach and herself for re-election to the Transportat1on Commission for a full four year term. Mayor Edwards moved have the Santa Monica C1 ty Council endorse the re-election of Councilmember Reed and Jacki Bacharach to the Los Angeles Transportation Commission. Second by Councilmember Epstein. The motion was approved by unanImous vote. 14-F: RESIDENTIAL BUILDING REPORT/1020 NINETEENTH STREET: WIthdrawn at the request of Councilmember Reed. 11-D: CLOSED SESSION: Presented was the request for Closed Session to discuss pending litigation and personnel matters. At 9: 55 P. M., Mayor Edwards moved to adjourn to Closed Session. Second by Councilmember Epstein. The motIon was approved by unanimous vote. At 11:50, Council reconvened with the follOWIng members present: Councilmembers Conn, Epstein, Press, Reed, Zane and Mayor Edwards. Councllmember Conn moved to approve payment of a Judgement in the case of Malvoe vs. City , in the amount of $5,000 plus $784.75 in costs. Second by Councilmember Epstein. The motIon was approved by the follOWIng vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember JennIngs ADJOURNMENT: At 11:53 P.M., Councilmember Zane moved to adjourn the C1 ty CounCIl meeting 1n memory of Steve Goodman. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanlmously approved 6-0 Absent: Councilmember Jenn1ngs ~?1~ Ann M. Shore C1 ty Clerk APPROVED: 9 Ken Edwards ~~ September 25, 1984