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M-7/8/1986 79 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 8, 1986 A meeting of the Santa Monica City council was called to order by Mayor Reed at 6:00 p.m., on July 8, 1986, in the Council Chambers. Roll Call: Present: Mayor Christine E. Reed Councilmember James P. Conn Councilmember David G. Epstein (entered at 6:32 p.m.) Councilmember Alan S. Katz Councilmember Herb Katz Councilmember Dennis Zane Absent: Mayor Pro Tempore William H. Jennings Also Present: City Manager John Jalili City Attorney Robert M. Myers city Clerk Ann M. Shore 88-1: CIVIC CENTER IMPROVEMENT: Presented was a staff report transmitting a civic Center Improvement Program Background and Technical Information Report. A presentation was given by Barton Myers Associates, project consultants. Discussion was held. ADJOURNMENT: At 7:35 p.m., a motion was made, duly seconded, and unanimously approved to adjourn the study Session. REGULAR COUNCIL MEETING A regular meeting of the Santa Monica City council was called to order by Mayor Reed at 7:45 p.m. on Tuesday, July 8, 1986, in the Council Chambers. Councilmember Epstein led the assemblage in the pledge of allegiance to the United states of America. Reverend James P. Conn, The Church in Ocean Park, offered the invocation. Roll Call: Present: Mayor Christine E. Reed Councilmember James P. Conn Councilmember David G. Epstein Councilmember Alan S. Katz Councilmember Herbert Katz Councilmember Dennis Zane Absent: Mayor Pro Tempore William H. Jennings Also Present: city Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore 1 July 8, 1986 I I 80 Councilmember Epstein moved to add late Items 9-A and 14-G to the agenda. Second by Councilmember A. Katz. The motion was unanimously approved. 4-A: RECREATION AND PARKS MONTH: Mayor Reed officially accepted a handmade quilt made by children in the Recreation and Parks playground program, and proclaimed July as Parks and Recreation Month. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are approved in one motion unless removed from the calendar for discussion. councilmember Conn moved to approve the calendar with the exception of Items 6-C and 6-R, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Councilmember H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore Jennings 6-A: MINUTES APPROVAL: The minutes of the City Council meeting held June 17, 1986, were approved as presented. 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 7246(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," arising from past storms, high tides and heavy surf, was adopted. 6-D: LOCAL COASTAL PROGRAM/LAND USE PLAN: Resolution No. 7248 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TRANSMITTING THE LAND USE PLAN OF THE SANTA MONICA LOCAL COASTAL PROGRAM TO THE CALIFORNIA COASTAL COMMISSION," was adopted. 6-E: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7249 (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 CURBS (SR-86-85)," was adopted, thereby setting a hearing date on August 12, 1986 at 7:30 p.m., in the Council Chambers. 6-F: AIRPORT BEACON ANTENNA: Resolution No. 7250(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZ ING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 2 TO AGREEMENT NO. FA65WE-1194 (#1650 CCS) WITH THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION TO PERMIT INSTALLATION OF NON-DIRECTIONAL BEACON ANTENNA AT SANTA MONICA AIRPORT," was adopted. 6-G: ELECTION RESULTS/PROPOSITION M (TENANT INCENTIVE PROGRAM): ReSOlution No. 7251 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AND ADOPTING THE CERTIFICATION OF ELECTION RETURNS FOR PROPOSITION M IN SPECIAL 2 July 8, 1986 81 MUNICIPAL ELECTION HELD IN THE CITY CONSOLIDATED WITH THE STATEWIDE PRIMARY 1986," was adopted, at which election adopted. OF SANTA MONICA AND ELECTION HELD JUNE 3, Proposition M was not 6-H: THIRD STREET MALL ASSESSMENT DISTRICT: Ordinance No. 1377 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SPECIFYING THE POWERS AND PROCEDURES FOR THE FORMATION OF ASSESSMENT DISTRICTS AND THE LEVYING OF ASSESSMENTS FOR THE PURPOSE OF FINANCING IMPROVEMENTS IN THE CITY OF SANTA MONICA, AND CERTAIN SUPPLEMENTAL PROVISIONS,lI was adopted, having been introduced July 1, 1986. 6-1: MAUSOLEUM PERPETUAL CARE FUND: Ordinance No. 1378(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A MAUSOLEUM PERPETUAL CARE FUND BY AMENDING ARTICLE 7, CHAPTER 3 OF THE MUNICIPAL CODE," was adopted, having been introduced July 1, 1986. 6-J: PIER RESTROOM RENOVATION: Contract No. 4743 (CCS) was awarded to Kevin Kraus in the amount of $43,228 for renovation of the santa Monica restroom building, and the necessary change orders to complete additional work to the extent of funds available were authorized. 6-K: PIER CAROUSEL PARK: A recommendation to approve an increase of $9,000 in Contract 4468(CCS) with FTR International for the construction of Carousel Park (for a revised total contract of $1,292,990), was approved. 6-L: UCLA BUS TERMINAL REMODELLING: A recommendation was approved authorizing the city Manager to negotiate and execute Contract No. 4744 (CCS) with University of California, Los Angeles (UCLA) in the amount of $86,000 for remodeling of the UCLA bus terminal used by the Santa Monica bus line, and located near the intersection of Hilgard Avenue and strathmore Drive in Westwood. 6-M: BRAKE REPAIR PARTS/GENERAL SERVICES AND POLICE DEPARTMENTS: Bid No. 2063 was awarded to Delmer I s precision Brake Shop at specified manufacturer discount prices plus applicable sales tax to furnish and deliver brake repair parts for the General Services and Police Departments for a period of one year with two one year options at the same price and conditions. 6-N: TRAFFIC AND SIGNAL CONTROLLERS: Bid No. 2067 was awarded to Econolite Control Products per specified unit price to furnish and deliver traffic signal controllers for the Parking & Traffic Engineering Division. 6-0 CAUSTIC SODA/WATER DIVISION: Bid No. 2066 was awarded to McKesson Chemical Company per the unit price specified plus applicable salex tax to furnish and deliver dry caustic soda for the Water Division. 6-P: RENTAL HOUSING DEVELOPMENT/1851-1901 AND 1907 11TH STREET: A recommendation was approved to transfer the title of the 3 July 8, 1986 I I 82 housing development site at 1851-1901 and 1907 Eleventh street from EAC Construction to the Bedford Group as permitted under the terms of the recorded Grant Deed to accomplish timely completion of affordable rental housing. 6-Q: ANTENNA TELEVISION FRANCHISE: Resolution No. 7252 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON WHETHER OR NOT THE COMMUNITY ANTENNA TELEVISION SYSTEM WITH THETA CABLE OF CALIFORNIA AND/OR GROUP W CABLE, INC. HAS BEEN FORFEITED FOR NONCOMPLIANCE WITH ITS TERMS," was adopted, thereby setting the public hearing on August 12, 1986 at 7:30 p.m. in the Council Chambers. 6-S: HOMELESS SHELTER/VETERAN'S ADMINISTRATION PROPERTY: Resolution No. 7253 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE DEVELOPMENT OF S}iELTER FOR HOMELESS PERSONS ON VETERANS' ADMINISTRATION PROPERTY" (in West Los Angeles) was adopted. END OF CONSENT CALENDAR 6-C: OCEAN PARK REPLACEMENT HOUSING PROJECT: Presented was a resolution authorizing the City Manager to submit an application and execute the necessary documents required for a Housing Development Grant from the U.S. Department of Housing and Urban Development in support of the Ocean Park Replacement Housing Project. Member of the public John Jurenka requested that the housing issue be brought before the voters. Discussion was held. Counci1member Epstein moved to approve the staff recommendation, thereby adopting Resolution No. 7247 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF APPLICATIONS, AND THE EXECUTION OF ALL DOCUMENTS NECESSARY TO RECEIVE FUNDS UNDER THE U.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING DEVELOPMENT PROGRAM, II reading by title only and waiving further reading thereof. Second by Counci1member Zane. Discussion was held. Counci1member Conn moved an amendment that council go on record that this is not a substitute for funding--using this money for housing, but that it is in fact an addition and a supplement to money that has already been set aside for housing. Second by Counci1member Z ane. Counci1member Epstein, wi th no obj ection from the second, accepted the amendment as friendly, thereby incorporating it into the motion. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore Jennings 6-R: CONDOMINIUM PROJECT/211 CALIFORNIA AVENUE: Presented was a staff report recommending approval of an amendment to a settlement agreement, being Contract No. 4648(CCS), regarding 211 California Avenue to permit a five-story, 50-foot building with 21 condominium units instead of a four-story, 50-foot building with 21 units. Discussion was held. Sherman Stacy, attorney representing the app1 icant, spoke in support of the proposal. 4 July 8, 1986 83 Councilmember Epstein moved to authorize the City Manager to amend the settlement agreement so that it would allow an additional story with no increase in square footage, number of units, or overall building height, and that that be specifically referenced in the agreement. Discussion was held. Second by Councilmemher Zane. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Conn, Epstein, A. Katz, Zane, Mayor Reed Negative: Councilmemher H. Katz I Absent: Mayor Pro Tempore Jennings Councilmember H. Katz requested the record to reflect that his no vote is because he does not want to vote on something he has not seen, and he has not seen this proposal. 7-A: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff report and a public hearing on assessment of costs to repair damaged sidewalks, driveways and curbs (SR-86-83). The public hearing was declared open. There being no one wishing to be heard, Councilmember Epstein moved to close the public hearing. The motion was duly seconded and unanimously approved. Councilmember Epstein moved to acknowledge the written protest and adopt Resolution No. 7254(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-86-83)," 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 6-0 Absent: Mayor Pro Tempore Jennings 8-A: SKATEBOARDING: Presented was a staff report transmitting an ordinance for adoption and second reading prohibiting skateboarding in certain locations, introduced July 1, 1986. Discussion was held. Councilmember Epstein moved to adopt Ordinance No. 1379 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3352 TO PROHIBIT SKATEBOARDING IN CERTAIN LOCATIONS, II reading by title only and waiving further reading thereof. Second by Mayor Reed. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmemhers Epstein, A. Katz, Zane, Mayor Reed Negative: Councilmembers Conn, H. Katz Absent: Mayor Pro Tempore Jennings 5 July 8, 1986 I 84 9-A: THIRD STREET MALL IMPROVEMENTS: A Resolution of Intent to establish an assessment district for the improvement of Third street Mall and levy of fee for the operation and maintenance of improvements was continued to July 15, 1986. II-A: CHILD CARE INITIATIVE PROGRAM: Presented was a staff recommendation related to the expansion of child care facilities and programming and approval of expenditure of $5,000 for participation in the California Child Care Initiative program. The public hearing was declared opened. Jane David, Phyllis Nitti, Barbara Blakley, Barbara Snyder, Linda Gordon, Ellen Khoka, and Judith Brunk spoke in support of the staff recommendations. There being no one else wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember Epstein moved the staff recommendation, thereby (1) authorizing the expenditure of $5,000 from account #01-700-274-000-785 for participation in the Child Care Initiative program organized by the BankAmerica Foundation for the recruitment, training and support of day care home operators in Santa Monica as an extension of the City's contract with Connections for Children, (2) authorizing staff to pursue state grants for the provision of after school child care for junior high school age students on school property and/or for the purchase of a portable unit to be located at Ozone, stewart, Virginia or Joslyn Parks for rent to a a non-profit child care provider for $1 a year for afterschool or full day programs, (3) directing staff to explore the use of developer mitigation fees to expand child care facilities in city parks, and (4) directing staff to study the feasibiity of developing day camp recreation programs for spring and winter breaks and other school holidays on a trial basis to attempt to provide cost-covering child care programs to serve working parents during those periods. Second by Councilmember Zane. Discussion was held. During discussion, Councilmember Epstein incorporated into the motion Councilmember Zane' s suggestions (1) that staff bring back an assessment of the suggestion of a child care coordinator with specialized training in child development and whether we need a staff position or a professional relationship with an appropriate consultant, (2) that staff build upon these (proposals) in the development of a workplan for a comprehensive child care program, and (3) that the committee working on the Airport proposals incorporate specific concerns in their review and get the advice of people who are active on this issue in the community as to the adequacy of the program there. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Mayor Pro Tempore Jennings Il-B: COMMUNITY SERVICES CENTER/4TH STREET/BROADWAY/COLORADO: Presented was a staff report recommending the City Manager be authorized to execute a contract in the amount of $210,697 with Koning Eizenberg Architects for architectural and engineering services for the community services Center on 4th Street between Broadway and Colorado avenues and to certify the Initial study 6 July 8, 1986 85 and Negative Declaration. Discussion was held. Counci1member H. Katz moved to approve the staff recommendation thereby certifying the Initial study and the Negative Declaration, and approving Contract No. 4745 (CCS) in the amount of $210,697 with Koning Eizenberg Architects for architectural and engineering services for the Community Services Center on 4th street between Broadway and Colorado Avenues. Second by Counci1member Epstein. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 I Absent: Mayor Pro Tempore Jennings 11-C: CLOSED SESSION: Considered later in the evening. 14-A: PLANNING COMMISSION: The appointment of a member to the Planning commission was continued to July 22, 1986. 14-B: PLUMBING AND MECHANICAL BOARD OF APPEALS: The appointment of a member to the Plumbing and Mechanical Board of Appeals was continued to July 22, 1986. 14-C: OFFSHORE OIL DRILLING: The request of Counci1member Epstein to discuss placing on the ballot a measure on offshore oil drilling was withdrawn at the request of Counci1member Epstein. 14-D: AIDS VICTIMS QUARANTINE: Presented was the request of Counci1members A. Katz and Zane to discuss opposition to a statewide ballot measure sponsored by Lyndon La Rouche requiring the quarantine of AIDS victims, continued from July I, 1986. Discussion was held. Councilmember A. Katz introduced discussion and moved that Council go on record opposing this initiative. Second by Councilmember Zane. Discussion was held. During discussion, Councilmember A. Katz incorporated into the motion Councilmember Zane's suggestion that we not only take a position but that we communicate this position to all of our colleagues and other local municipal bodies, the County Board of Supervisors, the League of Cities and other organizations that we are members of and that we ask the Mayor to send a letter on our behalf urging that each and everyone of these agencies themselves take a similar position. Discussion was held. The motion was approved by the following vote: Abstain: Counci1member Epstein Council vote: Affirmative: Counci1members conn, A. Katz, H. Katz, Zane, Mayor Reed Absent: Mayor Pro Tempore Jennings 14-E: NATIONAL GUARD UNITS IN CENTRAL AMERICA: Presented was the request of Councilmember Zane to discuss direction to the Mayor to send letters to the Governor opposing training exercise for National Guard units in Central America, continued from July 7 July 8, 1986 I 86 1, 1986. Councilmember Zane introduced discussion and moved that Council adopt a resolution urging legislators to take action to restrict the deployment of California National Guards to Central America. Second by Councilmember Conn. Discussion was held. Councilmember A. Katz moved to table this matter (in order to collect further information). Second by Councilmernber Epstein. The motion was unanimously approved. 14-F: LOCAL GOVERNMENT COMMISSION: Presented was the request of Councilmernber Zane to discuss council joining the Local Government Commission and consideration of appointing him as delegate, continued from July 1, 1986. Councilmember Zane introduced discussion and requested to continue this item to July 22, 1986. l4-G: CIVIC AUDITORIUM USE: Presented was the request of Mayor Reed to permit Congressman Mel Levine to use East Room of the Civic Auditorium the evening of August 27, 1986, and to waive the room and parking fees. Mayor Reed introduced discussion. Discussion was held in regard to the forthcoming election. Councilmember A. Katz moved to table this item till next week. Second by Councilmember Epstein. The motion was approved by a vote of 5 to I, Councilmernber H. Katz abstaining due to a conflict of interest. 11-C: CLOSED SESSION: Presented was the request for Closed Session to consider personnel matters, threatened litigation, pending 1 i tiga tion and 1 i tiga tion to be commenced by the City. At 9:40 p.m., Councilmember Epstein moved to adjourn to Closed Session to consider the following cases: Santa Monica Municipal Employees Association v. City of Santa Monica, Los Angeles Superior Court Case No. C 562708; Shell Oil Co. v. City of Santa Monica, united States District Court No. CV 82-2382 RJK (Gx); Santa Monicans for Renters' Rights v. city of Santa Monica, Los Angeles Superior Court Case No. WEC 101889; Richlin v. city of Santa Monica, Los Angeles Superior Court Case No. C 70931; Robinson v. City of Santa Monica, Los Angeles Superior Court Case No. WEC 83022; City of Santa Monica v. Group Wand Century Communications Corporation (proposed litigation); and Claim of stewart Shoen, Claim No. ASM 86-8. Second by Councilmember Conn. The motion was unanimously approved. At 10: 29 p. m., Council reconvened with five members present, Councilmembers H. Katz and Jennings absent. Councilmember Conn moved to approve settlement in the claim of stewart Shoen in the amount of $7,000. Second by Mayor Reed. The motion was approved by the following vote: Council vote: Unanimously approved 5-0 Absent: Mayor Pro Tempore Jennings Councilmember H. Katz Councilmember Conn moved to approve settlement in the case of Richlin v. city of Santa Monica in the amount of $3,400. Second by Mayor Reed. The motion was approved by the following vote: 8 July 8, 1986 87 Council vote: Unanimously approved 5-0 Absent: Mayor Pro Tempore Jennings Councilmember H. Katz Councilmember Epstein moved to approve settlement in the case of Robinson v. City of Santa Monica in the amount of $4,500. Second by Councilmember Conn. The motion was approved by the following vote: Council vote: Unanimously approved 5-0 Absent: Mayor Pro Tempore Jennings Councilmember H. Katz ADJOURNMENT: At 10:35 p.m., Councilmember Epstein moved to adj ourn the meeting to 7: 30 p. m., July 15, 1986, to consider Items 9-A and 14-G, adjournment to be in memory of Harriett Leonore Smith, wife of David Smith, staff person of Independent Cities Association, and Robert Stern, husband of Carol Edward Stern, Education Minister of Unitarian Church. The motion was duly seconded and unanimously approved. ~1h~ APPROVED: LL--tG-.,l;2~ ;/ Christine E. Reed ! Mayor Ann M. Shore City Clerk 9 July 8, 1986 I