Loading...
M-7/1/1986 (2) I 72 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 1, 1986 A meeting of the Santa Monica City council was called to order by Mayor Pro Tempore Jennings at 7:33 p.m. in the council Chambers. Mayor Pro Tempore Jennings led the assemblage in the pledge of allegiance to the United States of America. Roll Call: Present: Mayor Pro Tempore William H. Jennings Councilmember David G. Epstein Councilmember Alan S. Katz Councilmember Herb Katz (entered 7:45 p.rn) Councilmember Dennis Zane Absent: Mayor Christine E. Reed Councilmember James P. Conn Also Present: city Manager John Jalili City Attorney Robert M. Myers Assistant City Clerk Donna R. Betancourt PARKING AUTHORITY SPECIAL MEETING A special meeting of the Parking Authority was called to order by Chairperson Pro Tempore Jennings at 7:35 p.m. Roll Call: Present: Chairperson Pro Tempore William H. Jennings Member David G. Epstein Member Alan S. Katz Member Dennis Zane Absent: Authority Chairperson Christine E. Reed Member James P. Conn Member Herb Katz Also Present: Executive Secretary John Jalili Executive Attorney Robert M. Myers Assistant City Clerk Donna R. Betancourt PA-l: DOWNTOWN PARKING STRUCTURE LEASE/GTE TO PHILPROP DEVELOPMENT COMPANY: Presented was a staff report transmitting a resolution for adoption approving the assignment of Contract No. 1828 (CCS), a parking lease, from General Telephone Company to Philprop Development Company, for a minimum of 265 parking spaces in a public parking structure on Second street. Authority Member Epstein moved the staff recommendation, thereby adopting Resolution No. 196 (PAS) entitled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING ASSIGNMENT OF CONTRACT NUMBER 1828 (CCS) , It reading by title only and 1tlaiving further reading thereof. Second by Member Zane. The motion was approved by the following vote: 1 July I, 1986 73 Authority vote: Unanimously approved 4-0 Absent: Members Conn, H. Katz, Chairperson Reed ADJOURNMENT: At 7: 45 P.M., Member Epstein moved to adjourn the parking Authority meeting. Second by Member A. Katz. The motion was unanimously approved. ADJOURNED CITY COUNCIL MEETING The City council convened at 7:45 P.M. to consider the following items continued from and added to the adjourned meeting of June 24, 1986. councilmember Epstein moved to add Items 14-K, 14-L, and 14-M to the agenda. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember Epstein moved to consider Items 6-J and 6-L after the '8' items since councilmember H. Katz, who had removed them from the agenda at the prior meeting, had not yet arrived. Second by Mayor Pro Tempore Jennings. The motion was unanimously approved. 6-J: HANDICAPPED ACCESSIBILITY/CITY PARKS: Considered after the '8' items. 6-L: TENTATIVE TRACT MAP/I024 BAY STREET: Considered after the '8' items. 8-C: MAUSOLEUM PERPETUAL CARE FUND: Presented was a staff report transmitting an ordinance for introduction and first reading establishing a Mausoleum Perpetual Care Fund, introduced May 13, 1986. Discussion was held. The public hearing was declared opened. There being no one wishing to be heard, councilmember Epstein moved to close the public hearing. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember A. Katz moved to introduce for first reading an ordinance 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," reading by title only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council vote: Unanimously approved 4-0 Absent: Councilmembers Conn, H. Katz, Mayor Reed 8-D: SKATEBOARDING: Presented was a staff report transmitting an ordinance for introduction and first reading prohibiting skateboarding in certain locations, introduced April 22, 1986. The public hearing was declared opened. There being no one wishing to be heard, Councilmember Epstein moved to close the public hearing. Second by Mayor Pro Tempore Jennings. The motion was unanimously approved. Discussion was held. Councilmember Epstein moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE 2 July I, 1986 I I 74 CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3352 AND 3352B TO PROHIBIT SKATEBOARDING IN CERTAIN LOCATIONS," reading by title only and waiving further reading thereof, amended to incorporate the City Attorney's suggestion to delete Section 2 (relating to skateboarding in public lots and structures, already prohibited in Code section 3352B). Second by councilmember A. Katz. Discussion was held. (Councilmember H. Katz entered at 7: 45 p.m.). The motion was approved by the following vote: council vote: Affirmative: Councilmembers Epstein, A. Katz, H. Katz, Jennings Negative: Councilmember Zane Absent: Councilmember conn, Mayor Reed 8-F: ASSESSMENT DISTRICT PROCEDURES/THIRD STREET MALL FINANCING: Presented was a staff report transmitting an ordinance for introduction and first reading specifying powers and procedures for the formation of assessment districts and levying of assessment for the purpose of financing improvements for the Third street Mall. Discussion was held. The public hearing was declared opened. There being no one wishing to be heard, Councilmember Epstein moved to close the public hearing. Second by Councilmember H. Katz. The motion was unanimously approved. Councilmember H. Katz moved to introduce for first reading an ordinance 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, II reading by title only and waiving further reading thereof. The motion was duly seconded and unanimously approved. The motion was approved by the following vote: council vote: Unanimously approved 5-0 Absent: Councilmember Conn, Mayor Reed 6-J: HANDICAPPED ACCESSIBILITY/CITY PARKS: Presented was a staff report recommending award of contract to Hared Construction Co., Inc., in the amount of $35,000 for handicapped accessibility modifications in various City parks, and authorization of necessary change orders. Councilmember H. Katz introduced discussion and moved the staff recommendation, thereby awarding Contract No. 4742(CCS) to Hared Construction Co. in the amount of $35,000 for providing handicapped accessibility modifications in various City parks and authorizing necessary change orders. Second by councilmernber A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 5-0 Absent: Councilmember Conn] Mayor Reed 3 July I, 1986 75 6-L: TENTATIVE TRACT MAP/I024 BAY STREET: Presented was a staff report recommending adoption of findings related to the approval of construction of a six-unit condominium at 1024 Bay Street, Tentative Tract Map 44039, CUP 413. Councilmember H. Katz introduced discussion and moved adoption of the accompanying set of findings. Second by Councilmember Zane. The motion was unanimously approved. II-A: NOISE CONTROL: Presented was a staff report recommending direction to the city Attorney to prepare a community noise control ordinance and approval of appropriation of $16,240 from the General Fund to the Airport budget to implement the program. Discussion was held. Member of the public Joy Fullmer spoke in opposition to the staff recommendation. Herman Rosenstein spoke regarding other noise problems in the community. Discussion was held. Counci1member Epstein moved to approve the staff recommendation, thereby directing the City Attorney to prepare a community noise ordinance, and appropriating $16,240 from the General Fund into the FYl986-87 Airport budget by approving the specific appropriations set forth in the budgetary/fiscal impact section of the staff report dated June 24, 1986. Second by Councilmember H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 5-0 Absent: Councilmember Conn, Mayor Reed 11-B: MILES PLAYHOUSE RENOVATION/LINCOLN PARK: Presented was a staff report recommending the City Manager be authorized to issue a Request for Proposals for the renovation of Miles Playhouse in Lincoln Park for use as a performing arts facility. Discussion was held. Councilmember A. Katz moved the staff recommendation, thereby authoriz ing the City Manager to issue a Request for Proposals for the structural strengthening and upgrading of the Miles Playhouse into a professional performing arts facility. Second by Councilmember H. Katz. Discussion was held. The motion was approved by a vote of 4 to 1, Councilmember Epstein opposed. 13-A: HOMELESS: Presented was the request of Morris Silverstein to address Council regarding the homeless. Mr. Silverstein spoke regarding the homeless problem and proposed that people take the homeless and hungry people into their own homes. Councilmember A. Katz moved to accept and file the communication. Second by Councilmerr~er Epstein. The motion was unanimously approved. 14-B: SAND CASTLE CONTEST: Presented was the request of Councilmember Epstein to discuss the possibility of city promotion of a sand castle contest between architectural firms. Councilmember Epstein introduced discussion and moved to ask staff to explore this and report back at an appropriate time. Second by Councilmember H. Katz. Discussion was held. The motion was unanimously approved. 4 July 1, 1986 I I 76 14-C: REGIONAL HOMELESS PROGRAM: Presented was the request of Councilmember A. Katz to discuss urging Southern California Association of Governments (SCAG) and the County Board of supervisors to develop a regional program for assisting the homeless. Councilmember A. Katz introduced discussion and moved that Council request SeAG and any other appropriate intergovernmental bodies to investigate the development of a mechanism whereby a procedure would be established to promote fair regional responsibility. Second by Councilmember H. Katz. Discussion was held. Councilmember A. Katz rephrased the motion as direction to staff to report back on some outlines of proposals that would be appropriate for recommending to SCAG and the County Board of Supervisors, probably in the form of a letter from the Mayor. The motion was unanimously approved. 14-D: GOVERNMENTAL PAPERWORK BURDEN: Presented was the request of Councilmemher A. Katz to discuss urging governmental agencies to reduce unnecessary paperwork burdens for those seeking public assistance. Councilmember A. Katz introduced discussion and moved to have the Mayor sign a letter to various legislators and congressmen and the Board of Supervisors to urge them to consider providing assistance in a paperwork reduction program, and that the City of Santa Monica conduct such a program. Second by Councilmember H. Katz. The motion was unanimously approved. 14-E: ANTI-SOCIAL PREDATORY CRIMINAL TASK FORCE: Presented was the request of Councilmember A. Katz to discuss the development of an Anti-Social Predatory Criminal Task Force designed to recognize that a significant amount of anti-social predatory behavior is perpetrated by those who have the wherewithal to notice that there is a uniformed police officer around and avoid that behavior until the officer has left. Councilmember A. Katz introduced discussion and moved to request that the City Attorney's Office and the Police Department work together to establish a unit, within the budgetary constraints of both their offices, which would involve the use of undercover officers, not pretending to be homeless but pretending to be typical citizens, and to have them be cognizant of the kind of behavior that is often perpetuated against the homeless and against citizens, primarily those being shake-downs, as opposed to merely requesting a handout and other kinds of anti-social predatory behavior. Discussion was held. Councilmember A. katz incorporated Councilmembers Zane's and Epstein'S suggestion that, as an alternative, we direct the Chief of Police to evaluate and implement it if he thinks it is practicable, and if not, to report back to Council. Second by Councilmember Epstein. Discussion was held. Councilmember A. Katz moved to waive the rules to hear from a member of the public. The motion was duly seconded and approved by a vote of 4 to 1, councilmember Epstein opposed. Joy Fullmer spoke in opposition to the proposal. Discussion was held. The motion was unanimously approved. 14-F: PICO-KENTER STORM DRAIN: The request of Councilmember Zane to discuss recent city measures taken regarding the Pico-Kenter storm drain was continued to July 22, 1986. 5 July 1, 1986 77 14-G: OFF-SHORE OIL DRILLING: The request of Councilmember Epstein to discuss a ballot measure on off-shore oil drilling was continued to July 8, 1986. 14 -H: COUNCIL MEETING RULES: Presented was the request of councilmember Epstein to discuss possible changes to Council meeting rules. Councilmember Epstein introduced discussion and I moved to direct the City Attorney to prepare the necessary documents for a change in Council rules with respect to '8' and '11' items, (ordinance and staff report items) to provide that when 7 or more people wish to speak on an item, or 20 or more chits are turned in for a meeting, that the normal speaking time would be 3 minutes; when 15 or more people wish to speak on an item, or 40 or more chits are turned in, the speaking time would be 2 minutes. second by Mayor Pro Tempore Jennings. Discussion was held. The motion was unanimously approved. l4-J: LOW AND MODERATE HOUSING ISSUES/HOSPITAL SPECIFIC PLAN: Presented was the request of Councilmember Epstein to discuss low and moderate housing issues as related to the Hospital Specific Plan. Mayor Pro Tempore Jennings introduced discussion and moved to direct the Planning Commission to consider, as soon as it can, the necessary plans for the surface parking lot (adjacent to st. John's Hospital) so that the demolition permit can be issued with respect to moving those (vacant residential) units and the necessary lot split and zone changes to allow the particular moves and construction to occur. Second by Councilmember H. Katz. Discussion was held. Councilmember Epstein moved a substitute motion to indicate the sense of the Council that proposals that would make low and moderate income housing available promptly and that would address the parking situation in the hospital area without involving major construction should be considered on their merits as quickly as possible; to direct the staff to report on how to get this considered on its merits; and to request the Planning Commission to reconsider their past unwillingness to consider this project on its merits. Second by Councilmember H. Katz. Discussion was held. (Councilmember Zane withdrew from the discussion because of a possible conflict of interest.) There being no objection from the second, Councilmember Epstein incorporated into his motion that, if the staff and Council think the residential downzoning of Arizona needs to be addressed in advance of the zoning ordinance as part of this process, direction be given to them to do that. Discussion was held. councilmember A. Katz moved that Council instruct its commissions and staff to expedite bringing low and moderate income housing on-line as quickly as possible, and that all efforts be made to consider such projects on their merits. The motion failed for lack of a second. There being no objection from the second, Councilmember Epstein rephrased the motion as follows: the sense of the Council is that we want low and moderate income housing in the hospital area and resolution of parking problems to be given priority; directive to staff to do what is necessary to implement that; and request the Planning Commission to reconsider its decision not to take this matter up pending this Specific Plan. Discussion was held. Councilmember A. Katz moved to allow members of the public to speak. Second by 6 July 1, 1986 . I 78 Mayor Pro Tempore Jennings. The motion failed. The substitute motion was approved by unanimous vote. 14-K: AIDS VICTIMS QUARANTINE: The request of Councilmembers A. Katz and Zane to discuss opposition to state-wide ballot measure requiring the quarantine of AIDS victims sponsored by Lyndon LaRouche was continued to July 8, 1986. 14-L: NATIONAL GUARD IN CENTRAL AMERICA: The request of Councilmember Zane to discuss direction to the Mayor to send a letter to the Governor opposing training exercises for the National Guard units in Central America was continued to July 8, 1986. 14-M: LOCAL GOVERNMENT COMMISSION DELEGATE: Presented was the request of Councilmember Zane to discuss Council joining the Local Government Commission (a private, non-profit organization providing a convening of local government officials around a variety of issues, mostly in energy, toxics, and equity issues in government) at a membership fee of $100 and consideration of appointing him as delegate. councilmember Zane introduced discussion. Discussion was held. There being no objection, the matter was continued to July 8, 1986. 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. (Councilmember Epstein left at 10:00 p.m.) At 10:05 p.m., Councilmember H. Katz moved to adjourn to Closed Session to consider the following: Rivera v. City of Santa Monica, United States District Court Case No. CV 84-8795 KN (Bx); Santa Monica Municipal Employees Association v. ci ty 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); Richlin v. City of Santa Monica, Los Angeles Superior Court Case No. C 70931; and Moore v. City of Santa Monica, Los Angeles Superior Court Case No. C 70931. The motion was duly seconded and unanimously approved. At 10: 55 p.m., Council reconvened. Mayor Pro Tempore Jennings announced that no action was taken. ADJOURNMENT: At 10:55 p.m., Councilmember H. Katz moved to adjourn the meeting. Second by Mayor Pro Tempore Jennings. The motion s nanimously approved. Donna R. Betancourt Assistant City Clerk 7 July 1, 1986