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M-9/8/1987 32 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 8, 1987 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 6:00 p.m., on Tuesday, September 8, 1987, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz Councilmember David B. Finkel Councilmember William H. Jennings (entered during Closed Session) Councilmember Alan S. Katz Councilmember Christine E. Reed (entered at 6:10 p.m.) Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city. At 6:01 p.m., Council adjourned to Closed session to consider personnel matters and the following cases: Addis v. City of santa Monica, Municipal Court Case No. 87C00527; Arzikouchoukian v. City of Santa Monica, Los Angeles Superior Court Case No. C74269; Buchanan v. City of Santa Monica, Santa Monica Superior Court Case No. WECl053 09; and Craig Alpaugh v. city of Santa Monica, et aI, United States District Court Case No. CV 86-110l-ER (Bx). At 7:46 p.m., Council reconvened with all members present. The Mayor announced that no action was taken. (See Item II-F.) The assemblage was led in the Pledge of Allegiance to the united States of America. The Inspiration was given by the California Youth Theatre. 4-A: EMPLOYEE SERVICE PINS: Mayor Conn presented employee service pins to James Glenn, Finance Department, for 40 years of service; Fred Frazier, Recreation and Parks Department, for 20 years of service; Paul GOlladay, General Services Department, for 20 years of service; and William Rome, Building and Safety Division, for 20 years of service. 4-B: PTA PROCLAMATION: Mayor Conn presented a Proclamation to Joanne Leavitt, President of the Unified Whole PTA, representing 1 September 8, 1987 - I - I 31 Parent Teacher Associations of all schools in the Santa Monica- Malibu Unified School District, designating the month of September as "PTA Membership Enrollment Month." 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 Finkel moved to approve the Consent Calendar with the exception of Items 6-C, 6-F, and 6-8, reading ordinances and resolutions by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: City Council minutes of August 1.1., 1.987 were approved. 6-B: LIABILITY CLAIMS ADJUSTER: Resolution No. 7489(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE CLASSIFICATION OF LIABILITY CLAIMS ADJUSTERII was adopted, thereby approving the new classification of Liability Claims Adjuster and establishing the salary rate for the new classification. 6-D: STREETLIGHTS: Resolution No. 7491.(CCS} entitled: "A 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 STREET LIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON ALTA AVENUE BETWEEN 4TH STREET AND FIRST COURT AS SHOWN ON CITY DRAWING NO. 5364 I WITHIN THE CITY OF SANTA MONICA" was adopted, thereby setting a public hearing for October 13, 1.987. 6-E: BICYCLE(PEDESTRIAN PLAN: Resolution No. 7492(CCS) enti tIed: II A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN" was adopted, thereby authorizing the city Manager to apply for $24,133 of Southern California Association of Governments (SCAG) Pedestrian and Bicycle Facility Funds for installation of pedestrian signals at various signalized intersections and, upon Grant approval, appropriate $24,133 to #20-770-416-000-947 and revise the budget at revenue account #20-932-311-000-000 to $243,133; and appropriate $76,289 from the Miscellaneous Grants Fund balance to the following capital project accounts: (a) $24,329 at #20-770-416-000-926, for thermoplastic pavement markings on various Class II bicycle facilities (Bikelanes) citywide and (b) $51,960 at #20-770-416-000-946 for pedestrian signal installations. 6-G: PARCEL MAP NO. 18448/CONDOMINIUM PROJECT/2620 HIGHLAND AVENUE: Resolution No. 7494(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING 2 September 8, 1987 34 SUBDIVISION MAP OF TRACT NO. 18448" was adopted, thereby approving the Final Map for a 3 unit condominium project at 2620 Highland Avenue. 6-H: TRACT MAP NO. 18025/CONDOMINIUM PROJECT/2225 4TH STREET: Resolution No. 7495 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING I SUBDIVISION MAP OF TRACT NO. TPM 18025" was adopted, thereby approving the Final Map for a 2 unit condominium project at 2225 4th Street. 6-1: TRACT MAP NO. 45230/CONDOMINIUM PROJECT/1024 7TH STREET: Resolution No. 7496 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 45230" was adopted, thereby approving the Final Map for a 6 unit condominium project at 1024 7th street. 6-J: TRACT MAP NO. 45555/CONDOMINIUM PROJECT/2807 3RD STREET: Resolution No. 7497 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 45555" was adopted, thereby approving the Final Map for a 6 unit condominium project at 2807 3rd street. 6-K: OCEAN PARK ZONING: Ordinance No. 1416(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA LIMITING DEVELOPMENT IN THE OCEAN PARK AREA PENDING PLANNING STUDIES" was adopted, thereby limiting development in Ocean Park area pending planning studies, having been introduced August 11, 1987. 6-L: STREETLIGHTS: contract No. 5017(CCS) was awarded to Paul Gardner Corporation for construction of streetlights on 33rd from Ocean Park to Pearl, 5th from Pacific to Strand, 18th from California to Wilshire, 19th from California to WilShire, 23rd from pico to Pearl, 11th from Washington to Idaho, Alta from 4th to First Court, 5th from Wilshire to Washington, Stanford from Wilshire to Washington, and Marguerita from 4th to First Court, in the amount of $265,227, and the City Engineer authorized to issue any change orders necessary to complete additional work to the extent of funds available in accordance wi th the Administrative Instructions. 6-M: ARCADIA WATER TREATMENT PLANT: Change Order No. 3 was approved to Contract No. 4876(CCS) SUlly-Miller Contracting Co. in the amount of $13, 400 for construction 0 f asphalt concrete driveway at the Arcadia Water Treatment Plant. 6-N: PARK DIVISION NURSERY BUILDING: Contract No. 5018(CCS) to construct replacement of a Park Division nursery building at the City yards was awarded to McAlpine & Salyer Construction Company in the amount of $98,647 and the city Engineer authorized to 3 September 8, 1987 I 35 issue any necessary change orders to complete additional work in conformance with Administrative Instructions. 6-0: RADIO SYSTEM: Bid No. 2119 was awarded to Motorola Communications and Electronics Inc. in the total amount of $737,487.37, which includes $657,075.37 for the two-way radio system with the standard one-year warranty, plus an extended warranty for two additional years at $80,412 to replace the radio system at Santa Monica Bus Lines. 6-P: DEBRIS HAULING: Bid No. 2122 was awarded to Saied Trucking Co. at specified unit prices with two one-year renewal options to provide debris hauling service for the Water Division. 6-Q: JANITORIAL SUPPLIES: Bid No. 2123 was Waxie/Kleenline corporation at specified unit applicable sales tax to furnish and deliver janitorial supplies to various departments. awarded to prices plus miscellaneous 6-R: CARPETING AND TILE/MAIN LIBRARY: Bid No. 2128 was awarded to Universal Flooring systems, Inc. in the total amount of $71,912.50 including tax to install carpeting and tile at the Main Public Library. 6-T: TRANSPORTATION YARDS: Contract No. 5019(CCS) was awarded to New York Construction to construct an oil/water separator, settling and distribution basin, and underground waste oil tank at the Transportation Yards in the amount of $119,400 and the City Engineer authorized to issue any necessary change orders to complete additional work in conformance with the Administrative Instructions. END OF CONSENT CALENDAR 6-C: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: presented was a staff report transmitting a resolution setting a hearing date regarding repair of sidewalks , driveways and curbs. Member of the public, Joy Fullmer expressed concerns about the proposed repairs. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 7490 (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 SIDEWALKS, DRIVEWAYS AND CURBSIt, reading by title only and waiving further reading thereof, setting a public hearing for October 13, 1987, on the assessment of costs of the subject sidewalk repairs. The motion was duly seconded and approved by the following vote: Council vote: unanimously approved 7-0 6-F: SENIOR CITIZENS I UTILITY USERS' TAX EXEMPTION PROGRAM: Presented was a staff report transmitting a resolution setting income limits for senior citizens utility tax exemption program 4 September 8, 1987 36 eligibility. Member of the public, Joy Fullmer spoke in support of including the disabled and poor in this program. Councilmember Finkel moved to approve the staff recommendation thereby adopting Resolution No. 7493 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING INCOME LIMITS FOR SENIOR CITIZENS UTILITY TAX EXEMPTION PROGRAM ELIGIBILITY", reading by title only and waiving further I reading thereof, establishing the amount of $13,585 gross household income for single person households and the amount of $15,567 gross household income for two or more person households and establishing that in subsequent years, these income levels will be adjusted annually for increases in the local Los Angeles - Anaheim - Riverside Consumer Price Index for Wage Earners and clerical workers for purposes of eligibility under the senior Citizens utility Users' Tax Exemption program. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: council vote: unanimously approved 7-0 6-S: COMPUTER EQUIPMENT: Presented was a staff report recom- mending donation of surplus computer equipment to the school district. Member of the public, Joy Fullmer, spoke in favor of selling the surplus computer equipment. Councilmember Reed moved to approve the staff recommendation, thereby authorizing staff to donate surplus computer equipment to the santa Monica-Malibu Unified School District. The motion was duly seconded and approved by the following vote: Council vote: Unanimously approved 7-0 7-A: VACATION/TWENTY-SECOND COURT AND SANTA MONICA PLACE NORTH: Presented was a staff report and a public hearing to vacate a portion of Twenty-Second Court and Santa Monica Place North in the vicinity of st. John's Hospital. Due to a conflict of interest, Councilmember Zane departed the dais. The public hearing was declared opened at 8:10 p.m. Sherman L. Stacey, representing st. John's Hospital and Health Center, spoke in support of the ordinance and to request it include vacation of additional property on which a building will be demolished. There being no one else wishing to be heard, the public hearing was declared closed. Discussion was held. Upon recommendation by the ci ty Attorney, a motion was made, duly seconded and unanimously approved to defer the item until later in the evening (after Item 8-C.) Councilmember Zane returned to the dais. a-A: HEALTH CLUBS: Presented was staff report transmitting an ordinance for introduction and first reading amending Municipal Code sections 6120 and 6122 to require a police permit and bond for health clubs. Discussion was held. The public hearing was declared opened at 8:31 p.m. There being no one wishing to be heard, the public hearing was declared closed. Councilmember A. 5 September 8, 1987 I 37 Katz moved to introduce for first reading an ordinance entitled: .. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4814 AND AMENDING SECTIONS 6120 AND 6122 OF THE MUNICIPAL CODE TO REQUIRE A POLICE PERMIT AND BOND FOR HEALTH CLUBS OPERATING IN SANTA MONICA," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. Councilmernber Finkel moved an amendment that sections 48l4(e) (3), (4) and (5), having to do with bond exemptions, be deleted from the proposed ordinance. Second by councilmemher Jennings. During discussion, the maker and second accepted as friendly an amendment to eliminate Subsections (3) ("The appl icant has for five (5) continuous years posted the bond required by this Section and has not during such period caused the forfeiture of such bond. "), and (4) ("The applicant has continuously for five years prior to the effective date of this Section provided health club services under the same name and ownership and has not during such period owned or operated a health club which has closed without providing refunds or alternative comparable health club services to its consumers."). During discussion, Mayor Conn requested the record to reflect the City Attorney's recommendations that in Subsection (5) the term "assets" be qualified by addition of the words "unsecuredll and/or "unencumbered" , and the second sentence in Subsection ( 6) be deleted (having to do with reverting funds to the applicant after five years without closure). The maker and second accepted into the motion the City Attorney's recommendation that the last sentence in subsection (5) read that the applicant qualify for a bond exemption by filing annually (rather than every four years) under this subsection). The main motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 8-B: PROPERTY DEVELOPMENT STANDARDS/R1 DISTRICT: Presented was a staff report transmitting an ordinance for introduction and first reading providing property development standards for the R1 District as set forth in the Draft Zoning Ordinance. Discussion was held. The public hearing was declared opened at 9:01 p.m. Members of the public Joy Fullmer and Naihua Duan spoke in opposition to the ordinance. Jean Sedillos spoke generally in support of the ordinance. Mayor Pro Tempore H. Katz moved to hear a late speaker. Second by Councilmember Jennings. The motion was unanimously approved. Richard Mills, representing the law offices of Paul DeSantis, requested clarification of procedures for ordinance variances. There being no one else wishing to be heard, the pUblic hearing was declared closed. Discussion was held. Councilmember Reed moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROVIDING PROPERTY DEVELOPMENT STANDARDS FOR THE R1 DISTRICT PENDING ADOPTION OF REVISED ZONING ORDINANCE," reading by title only and waiving further reading thereof. Second by Councilmember Zane. Discussion was held. Councilmember A. Katz moved an amendment that Subsection (g), side yard setback, be amended to allow the 6 September 8, 1987 3q 20 feet horizontal of the second floor structure to intrude on the existing setback. The amendment was accepted by the maker and second and incorporated into the main motion. The motion, as amended, was approved by the following vote: council vote: Unanimously approved 7-0 8-C: RESTAURANTS/MAIN STREET COMMERCIAL DISTRICT: Presented was I a staff report transmitting an ordinance for introduction and first reading amending the text of the Comprehensive Land Use ordinance to amend Santa Monica Municipal Code Section 9119B to Permit four restaurants in block 6 of the Main Street Commercial District. The public hearing was declared opened at 9: 36 p.m. Member of the public, Joy Fullmer spoke in favor of using the area for housing. There being no one else wishing to be heard, the public hearing was declared closed. Councilmember Finkel moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE ORDINANCE BY AMENDING SECTION 91l9B OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW FOUR RESTAURANTS IN BLOCK 6 OF THE MAIN STREET COMMERCIAL DISTRICT," 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 A motion was made, duly seconded and unanimously approved to bring Item 7-A forward, having been previously introduced and considered after Item 6-5. 7-A: VACATION/TWENTY-SECOND COURT AND SANTA MONICA PLACE NORTH: Due to a conflict of interest, Councilmember Zane departed the dais. Discussion was held. Councilmember Reed moved to approve the staff recommendation, thereby adopting Resolution No. 7498 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF A PORTION OF TWENTY-SECOND COURT AND SANTA MONICA PLACE NORTH IN THE CITY OF SANTA MONICA, CALIFORNIA", reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Reed, Mayor Conn Abstain: Councilmemher Zane Councilmemher Zane returned to the dais. II-A: CIVIC FORUMS: Presented was a staff report transmitting recommendations to grant approval for a series of civic forums featuring 1988 presidential candidates to be held in Santa Monica, reservation of specific available Civic Auditorium days for the forum events and waiving of fees. Members of the public, 7 September 8, 1987 I 39 Carl Rogers and Eli Bleich spoke in support of the civic forums. Discussion was held. Mayor Pro Tempore H. Katz moved to not approve the staff recommendation, but leave the door open that if they can raise all of the money themselves, then they can come back to Council and ask for reservations on the Civic Auditorium. Second by Councilmember Councilmember Reed. Discussion was held. Councilmember Jennings moved a substitute motion to approve the staff recommendation, thereby granting approval for the civic forums to be held in Santa Monica, approving the reservation of specific available Civic days for the forum events and waiving the fees charged for use of the Civic Auditorium. Second by Councilmember Zane. The substitute motion was approved by the following vote: council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, Zane Negative: Councilmembers H. Katz, Reed, Mayor Conn 11-B: THIRD STREET MALL: Presented was a staff report transmitting resolutions approving General Plan amendments, modifying the Land Use Element of the General Plan and the Third Street Mall Specific Plan, and certifying the Initial study and Negative Declaration prepared for the project and related General Plan Amendments. Bill Janss, Gustaf Soderbergh, and John pierce, representatives of the Broadway/Third Street Mall Mixed Use Project, spoke in support of the recommendation. Joy Fullmer expressed opposition to the proposal. Mayor Pro Tempore H. Katz moved to adopt Resolutions No. 7499(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING GENERAL PLAN AMENDMENT GPA-02 AN AMENDMENT TO THE THIRD STREET MALL SPECIFIC PLAN", No. 7500 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING GENERAL PLAN AMENDMENT GPA-03 AN AMENDMENT TO THE THIRD STREET MALL SPECIFIC PLAN", and No. 7501(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING GENERAL PLAN AMENDMENT GPA-07 AN AMENDMENT TO THE THIRD STREET MALL SPECIFIC PLAN II , reading by titles only and waiving further reading thereof, thereby approving General Plan Amendments 02, 03 and 07, modifying Policy 1.3.7 of the Land Use Element of the General Plan and Policy 4.1. 35 of the Third Street Mall Specific Plan, adding Policy 4.1.60 to the Third street Mall Specific Plan and certifying the Initial Study and Negative Declaration prepared for the project and related General Plan Amendments. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ll-C: BEACH FOOD CONCESSIONS: Presented was a staff report transmitting a recommendation to award a bid to Pizza Works, Inc., for operation of beach concession stands. Discussion was held. Councilmember A. Katz moved to approve the staff 8 September 8, 1987 40 recommendation, thereby authorizing the city Manager to submit necessary documents to the state of California for approval of the lease agreement and, upon receipt of necessary state approvals, authorizing the City Manager to negotiate and execute Contract No. 5020(CCS), an agreement with Pizza Works, Inc., for operation of the 930, 1100, 1200 Pacific Coast Highway and 2400 and 2600 Promenade Beach concession stands for a five year term. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 11-0: RECONSTRUCTION/NEWCOMB PIER: Presented was a staff report transmitting a recommendation for reconstruction of portions of Newcomb Pier. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby awarding Contract No. 5021 (CCS) for the reconstruction of portions the Newcomb Pier to Kiewit Pacific Company in the amount of $3,087,507; authorizing 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; authorizing the city Manager to amend Contract No. 4907(CCS) with Concept Marine to provide geotechnical services for an amount not to exceed $25,000; and authorizing the transfer of $244,478 of appropriation authority from Account 30-740-625-000-940 to Account 30-740-625-000-925. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 11-E: PICO KENTER STORM DRAIN: Presented was a staff report transmitting a recommendation that Santa Monica be the lead agency for improvements to the Pica Kenter storm Drain. Discussion was held. Members of the public Joy Fullmer and Wayne Hall spoke in support of the recommendation. Councilmember Jennings moved to extend the meeting to 12:00. Second by Councilmember Reed. The motion to extend was unanimously approved. Discussion was held. Councilmember Reed moved to approve the staff recommendation, thereby authorizing the City of Santa Monica to become the lead agency for improvements to the pico Kenter storm Drain. Second by Councilmember Zane. During discussion, Councilmember Zane requested that staff update Council on progress made. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Il-F: CLOSED SESSION: Held later in the evening. 12-A: MONICA denial story, DEVELOPMENT REVIEW/OCEAN AVENUE BETWEEN BROADWAY AND SANTA BOULEVARD: Presented was an appeal of Planning commission of Development Review 391 to permit construction of a 3 24 room hotel wi th 26 parking spaces on Ocean Avenue 9 September 8, 1987 I I 41 between Broadway and Santa Monica Boulevard: Applicant/Appellant: Michel Construction, Girogio Dazzan, A.I.A. Carol Waldrop spoke on behalf of the appellant in support of the hotel proj ect. Donald Lewin Nelson spoke as a member of the planning commission and in support of the project. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the appeal. Second by Councilmember Zane. During discussion, the city Attorney recommended that Council direct staff to return with standard findings and conditions for this project. The maker and second accepted the City Attorney's recommendation into the main motion. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 13-A: MERCHANDISE DISPLAY: Presented was the request of Emilio Sandoval to address Council regarding an ordinance prohibiting display of merchandise outside a building unless in enclosed glass case, continued from August 11, 1987. Mr. Sandoval was not present to speak, therefore the request was received and filed. 13-B: MAIN STREET PARKING: Presented was the request of Russ Barnard to address Council regarding preferential parking in the Main Street area. Russ Barnard requested the preferential parking zone at Strand and Second be changed so that the daytime parking, instead of being limited to one hour, be limited to 2 or 3 hours. councilmember Zane moved to direct staff to prepare a report evaluating the situation and make sure affected neighbors are notified. Second by Councilmember A. Katz. The motion was unanimously approved. l3-C: THIRD STREET MALL: Presented was the request of Gert Salomon to address Council regarding assessed charges pertaining to the Third Street Mall. Councilmember Zane moved to grant Mr. Salomon's request for continuance to a 5 item on September 22, 1987. Second by Councilmember A. Katz. The motion was unanimously approved. 13-0: NATIONAL MARCH ON WASHINGTON: Presented was the request of Gerald Gerash to address Council regarding request for endorsement of National March on Washington for Lesbian and Gay Rights. Mr. Gerash requested Council endorsement of the march. Mayor Conn moved that Council endorse the October 11th march on Washington. Second by Councilmember Zane. The motion was unanimously approved. 13-E: SCHOOL DEVELOPMENT FEES/2225 4TH STREET: Presented was the request of Barbara Coffman to address Council regarding school development fees for 2225 4th street. Ms. Coffman, representing Mr. & Mrs. Ru, explained the hardship of delays in processing the condominium project proposed for 2225 4th Street and requested a reduction in the Architectural Review Board appeal period to enable final approval before the school tax due date. There being no objection, this item was deferred to later in the evening in order to allow staff to confer on the matter. 10 September 8, 1987 42 Councilmember Zane moved to extend the meeting to 12: 30 a.m. Second by Councilmember Reed. The motion to extend was unanimously approved. (This item is considered again after Item 14-E. ) 14-A: HOUSING COMMISSION: There being no objection, the matter of appointment of members to the Housing Commission was continued to September 22, 1987. 14-B: AIRPORT COMMISSION: There being no objection, the matter of appointment of a member to Airport Commission was continued to September 22, 1987. 14-C: WRITTEN COMMUNICATION: Presented was the request of Councilmember Zane to discuss changing Council rules to permit submission of written communications up to 5:00 P.M. (rather than noon) on Monday eight days prior to the meeting. Councilmember Zane moved that the Council rules resolution be changed to permit submission of written communications up to 5:00 p.m. on Monday eight days prior to the meeting. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-D: USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Conn to discuss waiving the fee for use of the Council Chambers on October 9, 1987, by the California Public Parking Association; October 14, 1987, by CALTRANS; and October 22, 1987, by State Board of Equalization. Mayor Conn moved to waive the fees as presented. The motion was duly seconded and unanimously approved. 14-E: SUPREME COURT NOMINATION: Presented was the request of Councilmerober Finkel to discuss adoption of resolution urging Judge Bork' s nomination to supreme Court be rej ected by U. s. Senate. Discussion was held. Councilmember Finkel moved that Council go on record as urging that the United States Senate refuse to consent to the appointment of Robert Bork to the position of Justice of the united states Supreme Court, and further that Council instruct the City Attorney to draft a proposed resolution for transmittal to the members of the United States Senate after approval by the members of this body, reflecting the sentiment of this Council. Discussion was held. Second by Councilmember Zane. Discussion was held. Councilmember A. Katz moved an amendment that the Council go on record against Mr. Bork, but rather than have the city Attorney draft a resolution, have a letter sent to the Judiciary Committee, where it will be part of the public record and express the sentiments as they should be expressed. The maker accepted the amendment as friendly with the stipulation that the letter be sent to all members of the United states Senate. There was no objection from the second. Councilmember Reed moved to table the motion. Second by Mayor Pro Tempore H. Katz. The motion to table failed for lack of a majority vote. Discussion was held. The main motion, as amended, was approved by a voice vote of 5 to 2, Councilmember Reed and Mayor Pro Tempore H. Katz opposed. 11 september 8, 1987 I I 43- Councilmember Reed requested the record to reflect that her no vote is because she does not believe this is within the purview of the municipal authority granted to this body. Mayor Pro Tempore H. Katz requested the record to reflect that his no vote is because he does not believe it is appropriate for Council to act on this, representing the City of Santa Monica as a non-partisan body. 13-E: SCHOOL DEVELOPMENT FEES/2225 4TH STREET: (This item was considered previously after Item 13-D.) Mayor Pro Tempore H. Katz moved to direct staff to issue a conditional building permit (for 2225 4th street) to the applicant immediately. The motion was duly seconded and unanimously approved. 14-F: TRANSPORTATION AGENCIES: Councilmember Reed to discuss County Transportation agencies. Presented was the request AB 18 which reorgani zes L. Discussion was held. of A. There being no objection, the request Katz to discuss adoption of an ordinance to brandish or use a replica firearm in a continued to September 22, 1987 as a 14 14-G: REPLICA FIREARMS: of Mayor Pro Tempore H. making it a misdemeanor threatening manner was item. 14-H: HOMELESS: There being no obection, the request of Councilmember Finkel to discuss possible organized projects with the school district to help the homeless was continued to September 22, 1987 as a 14 item. 14-1: ADVERTISING LEAFLETS: There being no objection, the request of Councilmember Reed to discuss consideration of an ordinance addressing problem of advertising leaflets distributed on car windshields was continued to September 22, 1987 as a 14 Item. 15: PUBLIC INPUT: Presented was a request to speak by Joy Fullmer. Ms. Fullmer was not present to speak, therefore the request was received and filed. Il-F: CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city. At 12: 31 a.m., Council adjourned to Closed Session to consider personnel matters and legal matters listed in Closed Session at the beginning of this meeting. At 1:16 a.m., Council reconvened with 6 members present, Mayor Pro Tempore H. Katz absent. Councilmember Reed moved to $3,000 in the case of Addis; kian; and $5,899 in the Councilmember Jennings. approve the following settlements: $3,000 in the case of Arzikouchou- case of Buchanan. Second by 12 September 8, 1987 44 The motion was duly seconded and approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, Reed, Zane, Mayor Conn Absent: Mayor Pro Tempore H. Katz ADJOURNMENT: At 1:20 a.m., the meeting was adjourned in memory of William Jimenez, brother of city employee Cecilia Jimenez; Jack Rubin, Santa Monica resident; Marjorie Chase, and the forests burning in Northern California. /" ! I ATTEST: --... ~ 'TJcxih Ann M. Shore City Clerk Conn 13 September 8, 1987 I