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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:
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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
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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
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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.
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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.
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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
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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
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