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M-6/24/1986 (3) 53 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 24, 1986 A meeting of the Santa Monica city council was called to order by I Mayor Reed at 7:35 p.m. in the Council Chambers. councilmember H. Katz led the assemblage in the pledge of allegiance to the United states of America. Reverend James P. Conn, Church in Ocean park, offered the invocation. Roll Call: Present: Mayor Christine E. Reed Mayor Pro Tempore Jennings Councilmember James P. Conn Councilmember David G. Epstein Councilmember Alan S. Katz Councilmember Herb Katz Councilmember Dennis Zane (entered at 8:08 p.m.) Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore councilmember Epstein moved to add late Items 6-0, 8-F, ll-C, 14-G, 14-H, and 14-I to the agenda. Second by councilmember Conn. The motion was unanimously approved. councilmember Epstein moved to consider Item 4-A jointly with Items 8-A and 8-B since they all concern the same subject matter (tenant relocation assistance) . Second by Councilmember Conn. The motion was unanimously approved. Discussion was held. Mayor Reed suggested reordering the agenda as follows: all consent calendar items which are withdrawn by counci1members be taken at the end of '11' items, then Items 8-C and 8-D, and then the agenda in the remaining order. There being no objection, it was so ordered. SPECIAL JOINT MEETING OF THE REDEVELOPMENT AGENCY AND PARKING AUTHORITY Roll Call of Redevelopment Agency: Present: Chairperson Christine E. Reed Chairperson Pro Tempore William H. Jennings Member James P. Conn Member David G. Epstein Member Alan S. Katz Member Herb Katz Absent: Member Dennis Zane 1 June 24, 1986 I 54 Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore Roll Call of Parking Authority: Present: Chairperson Christine E. Reed Chairperson Pro Tempore william H. Jennings Member James P. Conn Member David G. Epstein Member Alan S. Katz Member Herb Katz Absent: Member Dennis Zane Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers city Clerk Ann M. Shore RA/PA-l: MINUTES APPROVAL: Presented were the minutes of Redevelopment Agency meetings held February 11, March 12, and March 18, 1986. Member H. Katz moved to approve the minutes as presented. Second by Member Conn. The motion was approved by a vote of five to one, Member Epstein requesting that his abstention be noted with respect to the March 12th meeting as he was not present. RA/PA-2: PARKING LOT THREE AIR RIGHTS/l121-35 THIRD STREET: Presented was a staff report recommending adoption of a resolution g~v~ng Notice of Intent to sell air-rights over Parking Lot Three at 1121-35 Third Street for development of senior housing. Discussion was held. Parking Authority Member Epstein moved to adopt Resolution No. 194 (PAS) entitled: "RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA GIVING NOTICE OF INTENT TO SELL AIR RIGHTS OVER PARKING LOT THREE, II reading by title only and waiving further reading thereof, agreeing to sell to Retirement Housing Foundation the air-rights over the parking lot at 1121-35 Third Street for the development of senior housing, contingent on the receipt of a section 202 loan commitment, and execution of a Development and Disposi tion Agreement wi th RHF. Second by Member Conn. Discussion was held. The motion was approved by the following vote: Authority vote: unanimously approved 6-0 Absent: Member Zane Redevelopment Agency Member A. Katz moved to approve the staff recommendation, thereby authorizing the expenditure of up to $90,000 in Redevelopment Agency funds from the City-wide Housing Acquisition and Rehabilitation Program Account number 16-720-264-000-942 for payment of architectural and engineering 2 June 24, 1986 55 costs associated with the Section 202 project at 1121-37 Third street. Second by Chairperson Reed~ The motion was approved by the following vote: Agency vote: Unanimously approved 6-0 Absent: Member Zane ADJOURNMENT OF REDEVELOPMENT AGENCY MEETING: At 7:43 p.m., Member A. Katz moved to adjourn the joint meeting. Second by Chairperson Reed. The motion was unanimously approved. SPECIAL JOINT MEETING OF CITY COUNCIL AND PARKING AUTHORITY: CC/PA-l: PARKING STRUCTURE RENTAL CHARGES: Presented was a staff report transmitting a resolution setting parking structure rental charges for the Fiscal Year 1985-86 at a level equal to the debt service and interest authorized by Contract No. 1688 (CCS) between the City and the Authority. Discussion was held. Councilmember Epstein moved to adopt Resolution No. 7235 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 5 OF CONTRACT NO. 1688 (CCS) ," reading by title 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: Councilmember Zane Parking Authority Member Epstein moved to adopt Resolution No. 195 (PAS) entitled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AMENDING SECTION 5 OF CONTRACT NO. 1688 (CCS) ," reading by title only and waiving further reading thereof. Second by Member H. Katz. The motion was approved by the following vote: Authority vote: Unanimously approved 6-0 Absent: Member Zane ADJOURNMENT OF PARKING AUTHORITY MEETING: At 7:55 p.m., Member H. Katz moved to adjourn the Parking Authority meeting. Second by Member Conn. The motion was duly seconded and unanimously approved. 4-A: TENANT RELOCATION ASSISTANCE: The request of Rent Control Board Commissioner Finkel to address Council regarding the tenant relocation assistance was combined with Items 8-A and 8-B. 5-A: UNDERGROUND UTILITY DISTRICT: Presented was a staff report and a public hearing on the amendment of boundaries of Marine Park Underground Utility District to the area on Marine street 3 June 24, 1986 I I 56 from 17th street to Frederick street, on 16th street from Sunset Avenue to Dewey Street and on Dewey Street from 16th Street to Robson Avenue, and ordering the underground installation of utilities, the public hearing having been opened June 10, 1986. The public hearing was declared reopened. There being no one wishing to be heard, the public hearing was declared closed. Councilmember Epstein moved to adopt Resolution No. 7236 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC NECESSITY, HEALTH, SAFETY AND WELFARE REQUIRES WITHIN A CERTAIN DESIGNATED AREA, THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES SUPPLYING ELECTRIC SERVICES, AND DESIGNATING SUCH CERTAIN AREA AN UNDERGROUND UTILITY DISTRICT AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN SUCH DISTRICT AND THE UNDERGROUND INSTALLATION OF SUCH WIRES AND FACILITES," reading by title only and waiving further reading thereof I initiating amendment of the boundaries of the Marine Park undergrounding district. Second by Councilmember H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane 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 Conn moved to approve the consent calendar with the exception of Items 6-HI 6-JI and 6-L, and 6-0, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane 6-A: MINUTES APPROVAL: The minutes of the City Council meeting held June 101 1986, were approved as presented. 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 7237(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 surfl was adopted. 6-C: PROPERTY EXCHANGE/CORINTH AND PURDUE NORTHWEST OF WESTMINSTER AND BUTLER AVENUES: Resolution No. 7238(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DEDICATING PROPERTY TO THE CITY OF LOS ANGELES FOR FUTURE STREET WIDENING AND AGREEING TO HOLD THE PROPERTY COMMONLY KNOWN AS THE CHARNOCK WELL FIELD AS ONE PARCEL, II was adopted I authorizing the City Manager to execute Contract No. 4696(CCS)I 4 June 24, 1986 57 being a Covenant and Agreement to Hold Property as One Parcel with the City of Los Angeles, pertaining to property adjacent to and including the land now known as Corinth Avenue and Purdue Avenue, northwesterly of Westminster, and Contract No. 4697(CCS), being an "Irrevocable Offer to Dedicate" to the City of Los Angeles a two-foot wide portion of City property commonly known as the Charnock Well Field contiguous with the public right-of-way of westminster Avenue and Butler Avenue to improve the blighted appearance existing at Charnock Water Well Field. 6-0: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No. 7239 (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-86-84) II, setting a pUblic hearing for July 22, 1986, was adopted. 6-E: GANN APPROPRIATIONS LIMIT: Resolution No. 7240(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE GANN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1986-87, If at $40,347,868 and Resolution No. 7241 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROPRIATING FISCAL YEAR 1985-86 FUNDS TO GANN RESERVE ACCOUNTS," were adopted. 6-F: ARTS FOUNDATION LOAN: A recommendation was approved to forgive a $6,000 loan made to the Arts Foundation of Santa Monica on July 9, 1985, and effectuate related fund transfers. 6-G: PARKING STRUCTURES/HOTEL PROJECT/R4 DISTRICT: A recommendation was approved to direct the City Attorney to prepare an ordinance to permit municipal and off-site parking structures in conjunction with hotel development in the R4 Mul tip1e Family Residential District, subj ect to approval of a Conditional Use Permit. 6-1: STREET LIGHTING: A recommendation was approved to approve a plan for street lighting on Arizona Avenue between Second and Fourth Streets to accommodate an evening farmers market and other downtown events. 6-K: SMOKING POLICY/CITY EMPLOYEES: Resolution No. 7242 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING REGULATION OF SMOKING IN CITY FACILITIES," was adopted. 6-M: OCEAN PARK BEACH AND OCEAN VIEW PARK: A recommendation was approved to amend existing Contract No. 4579 (CCS) with Lukas Wendel for construction management services relating to Ocean Park Beach and Ocean View Park, extending the contract to April I, 1987, and increasing the amount by $86,400. 5 June 24, 1986 I I 58 6-N: HOSPITAL AREA SPECIFIC PLAN/LAND USE ELEMENT: A recommendation was approved to award Contract No. 4698 (CCS) to Planning Consultants Research in the amount of $42,130 for preparation of an Environmental Impact Report on the proposed Hospital Area Specific Plan of the Land Use Element. END OF CONSENT CALENDAR 6-H: STREET PAVING MIX: Presented was a staff report recommending award of Bid No. 2062 to Industrial Asphalt at specified unit prices to furnish and deliver asphalt concrete paving mixes for the Streets Division. councilmember Epstein requested the record to show that he is withdrawing from this item because of a possible appearance of impropriety because he is involved, in his capacity as County Counsel, with some litigation to which Industrial Asphalt is a party. (Councilmember Epstein withdrew.) Mayor Reed moved to award the bid to Industrial Asphalt to furnish paving mixes. Second by Councilmember Conn. The motion was approved by the following vote: Council vote: Unanimously approved 5-0 Absent: Councilmembers Epstein, Zane (Councilmember Epstein returned.) 6-J: HANDICAPPED ACCESSIBILITY IN CITY PARKS: Continued to July 1, 1986. 6-L: TENTATIVE TRACT MAP/I024 BAY STREET: continued to July 1, 1986. 6-0: DOWNTOWN PARKING STRUCTURE LEASE: Considered later in the evening 7-A: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a staff report and a public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs (SR-86-82). 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 Conn. The motion was unanimously approved. Councilmernber Epstein moved to adopt Resolution No. 7244(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-86-82). If Second by councilmernber A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane 6 June 24, 1986 59 councilmember Epstein moved to combine the public hearing on Item 8-A and Item 8-B. Second by Councilmember Conn. There being no objection, it was so ordered. 4-A!8-A!8-B: TENANT RELOCATION ASSISTANCE: Presented were staff reports and a public hearing in regard to emergency and regular ordinances for adoption requiring tenant relocation I assistance. Discussion was held. Councilmember Epstein moved to limit speakers who have spoken on this item before to two minutes and new speakers to three minutes. Second by councilmember Conn. The motion was unanimously approved. At 8:05 p.m., the public hearing was declared opened. (Councilmember Zane entered at 8:08 p.m.) The following persons spoke in support of tenant relocation assistance: Jack Baptista, Aaron, Dolores Press, Thelma Baron, Joy M. Fullmer, Ron Rouda, Lisa Monk, Mallory Pearce, Gabriel Vianney Varga, Ethel Hoffman, Claer-Marie Hoffman, Maria Piatt, Evon Piatt, John Emanuello, Joanne W. Proff it, Sam Abayhan, Michael Tarbet, Bill Weingarden, Wayne Bauer, William Savidan, Dora Ashford, Julie A. Dad, and David Finkel. The following persons spoke in opposition: Wal ter L. Schwartz, Shirley Dowling, Charles Isham, Rosario Perry, and Bernard Appelbaum. Beverly C. Andre spoke of additional problems posed for relocated persons. Jacob Samuel spoke to request that previous owner pay relocation fees on property under new ownership. There being no one else wishing to be heard, Councilmember Epstein moved to close the public hearing. The motion was duly seconded and unanimously approved. Councilmember Epstein moved to introduce for first reading and adoption Ordinance No. 1374(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 8B TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE RELATING TO TENANT RELOCATION ASSISTANCE AND DECLARING THE PRESENCE OF AN EMERGENCY, II reading by title only and waiving further reading thereof, amended to include the following modifications suggested by the City Attorney during presentation of the staff report: section 4861, Inapplicability of Chapter to Certain Evictions, be revised to read: (a) Notwithstanding Section 4860, the requirements set forth in this Chapter shall not apply to any tenant whose tenancy is terminated pursuant to a lawful notice to terminate tenancy pursuant to section l806(h) of the city Charter served on or before June 10, 1986. (b) Section 4859 shall not be applicable if the displacement and relocation of the tenant is the result of a fire not caused by the landlord, earthquake, or other natural disaster. Section 4862, Coordination with Other Relocation Requirements, be revised to read: In the event that a landlord is required by any other governmental body to provide relocation benefits to a tenant who receives a notice to terminate tenancy for one of the reasons set forth in Section 4851, such benefits shall be offset against the amount of relocation benefits required by section 4853. This Chapter shall not apply to any relocation plan approved by agreement by the Rent Control Board on or before June 24, 1986. Second by 7 June 24, 1986 I 60 Councilmember Zane. Discussion was held. During discussion, Councilmember Conn moved to ask the Mayor to make a ruling as to whether Mayor Pro Tempore Jennings' discussion on the floor (relating to assisted housing units) is germaine to the matter that is before the Council. Mayor Reed ruled that Mayor Pro Tempore Jennings' discussion is not germaine to the matter before them. Discussion was held. Mayor Pro Tempore Jennings moved an amendment to the ordinance, with respect to section 4853c, Amount of Relocation Benefits, in regard to the additional $1,000 for displaced tenants who are seniors, disabled, or tenants with minors, that it be limited to tenants who have low or moderate incomes. Second Councilmember H. Katz. Discussion was held. Councilmember H. Katz moved a substitute motion to request a staff report on how to achieve limiting supplemental benefits to low and moderate income persons based on need. Second by Councilmember Epstein. Discussion was held. The maker and the second included in the motion Mayor Pro Tempore Jennings' suggestion to include the $250 counseling fee in the supplemental benefit based on need. Discussion was held. The substitute motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Conn, Epstein, Jennings, A. Katz, H. Katz, Mayor Reed Negative: Councilmember Zane Mayor Pro Tempore Jennings moved an amendment to delete from the coverage of this ordinance owner-occupancy evictions with respect to single family residences and condominiums. Second by Councilmember H. Katz. Discussion was held. During discussion, Councilmember H. Katz withdrew his second, therefore the motion failed for lack of a second. Discussion was held. Councilmember Zane moved an amendment that section 4853(a), Amount of Relocation Fee, be altered to make the relocation fee $3,000 for a bachelor apartment, $3,500 for one bedroom, and $4,000 for two bedrooms. Second by Councilmember Conn. Councilmember A. Katz moved a substitute motion to make the relocation fee $3,000 for all uni ts. The motion failed for lack of a second. Councilmember Zane's amendment failed by the following vote: Council vote: Affirmative: Councilmembers Conn, Zane Negative: Councilmembers Epstein, Jennings, A. Katz, H. Katz, Mayor Reed Councilmember A. Katz requested the record to reflect that he thinks the amount should be the same for all units. 8 June 24, 1986 61 councilmember A. Katz moved an amendment to the ordinance to make the relocation fee a flat $3,000 for all units. Second by Councilmember Zane. The motion failed by the following vote: council vote: Affirmative: Councilmembers Conn, A. Katz, Zane Negative: Councilmembers Epstein, Jennings, H. Katz, Mayor Reed The main motion, adopting Emergency Ordinance l374(CCS), as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Epstein moved to introduce for second reading and adoption Ordinance No. l375(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING CHAPTER 8B TO ARTICLE IV OF THE SANTA MONICAL MUNICIPAL CODE RELATING TO TENANT RELOCATION ASSISTANCE, II reading by title only and waiving further reading thereof. Second by Councilmember A. Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Councilmember Epstein moved to direct the City Attorney to come back to Council with a supplemental ordinance to the non-emergency ordinance reflecting the various items that were discussed prior to the public hearing and to direct staff to report regarding the whole issue of priorities for Ellis evictions in pUblicly-assisted housing. Second by Mayor Pro Tempore Jennings. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Pro Tempore Jennings moved to direct the Planning Commission and all other responsible city agencies to proceed as rapidly as possible to conduct hearings and other proceedings (on other housing issues.) Mayor Reed ruled this motion out of order as it was not agendized. Mayor Pro Tempore Jennings moved to overrule the Chair on this and consider the matter at this point. Second by Councilmember H. Katz. Discussion was held. The motion to overturn the ruling of the Chair failed by the following vote: council vote: Affirmative: Councilmember H. Katz Mayor Pro Tempore Jennings Negative: Councilmembers Conn, Epstein, A. Katz, Zane, Mayor Reed Councilmember Epstein moved to add Item l4-J to the agenda: Discussion of housing issues as related to the Hospital specific 9 June 24, 1986 I I 62 Plan. Second by Councilmember H. Katz. Discussion was held. The motion was approved by a vote of 6 to 1. 8-C: MAUSOLEUM PERPETUAL CARE FUND: continued to July 1, 1986. 8-D: SKATEBOARDING: Continued to July 1, 1986. 8-E: BUSINESS LICENSE TAX AMNESTY PROGRAM: Presented was a staff report transmitting an emergency ordinance for introduction and adoption establishing a business license tax amnesty and audit program. Discussion was held. At 10:30 p.m., the public hearing was declared opened. Joy Fullmer spoke in opposition to the ordinance. There being no one else wishing to be heard, Councilmember Epstein moved to close the public hearing. Second by Councilmember Conn. The motion was unanimously approved. Councilmember A. Katz moved to adopt the emergency Ordinance 1376 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6116 AND 6116B OF THE SANTA MONICA MUNICIPAL CODE AND ADDING SECTION 6128 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE BUSINESS LICENSE TAX AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof, thereby establishing a business license amnesty and audit program and making various changes in business license tax administration. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Councilmember Epstein moved to defer all items except 6-0, 11-C, 11-D, 14-A, and 14-1 and take a 5-minute break. Second by councilmember Conn. The motion was unanimously approved. II-A: COMMUNITY NOISE CONTROL: continued to July 1, 1986. Il-B: MILES PLAYHOUSE RENOVATION/LINCOLN PARK: July 1, 1986. continued to ll-C: GROCERY AND RETAIL PROJECT/PICO AND CLOVERFIELD BOULEVARDS: Presented was a staff report recommending approval of an agreement with Schurgin Development Company for City participation in the development of a full-service grocery market and retail project in the pico neighborhood (northwest corner parcel of Pico and Cloverfield Boulevards). Discussion was held. Councilmember Epstein moved to limit public speakers to two minutes each. Second by Councilmember H. Katz. The motion was unanimously approved. Councilmember Zane moved to extend the meeting to 12:30 a.m. Second by Councilmember Conn. The motion was unanimously approved. Members of the public Steve Young, Douglas Willis, and Allen Lynch spoke in support of the project. Walter Schwartz spoke in opposition. Discussion was held. Councilmember Epstein moved to hear for two minutes from a member of the public who turned in a late chit. Bob Gabriel spoke in opposition to the project. 10 June 24, 1986 63 Councilmember Zane moved to adopt Resolution No. 7245(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AN AGREEMENT WITH SCHURGIN DEVELOPMENT CORPORATION," reading by title only and waiving further reading thereof, thereby approving Contract No. 4699 (CCS) with the Schurgin Development Corporation for city participation in the development of a retail project of approximately 65,000 square feet, including a full-service grocery market, to be located at the northwest corner of pico and Cloverfield Boulevards. Second by Councilmember H. Katz. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-0: DOWNTOWN PARKING STRUCTURE LEASE/GTE TO PHILPROP DEVELOPMENT COMPANY: Presented was a staff report recommending adoption of a resolution approving the assignment of a parking lease from the General Telephone Company of California to Philprop Development Company. Councilmember Epstein moved to adopt Resolution No. 7234 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING ASSIGNMENT OF CONTRACT NO. 1828 (CCS) ", reading by title only and waiving further reading thereof, thereby assigning the lease of a minimum of 265 parking spaces in a downtown parking structure (located on Second street) to Philprop Development Company. Second by Mayor Reed. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Il-D: CLOSED SESSION: Considered later in the evening. 13-A: HOMELESS: The request of Morris Silverstein to address Council regarding homeless persons was continued to July 1, 1986. 14-A: BOARDS/COMMISSIONS: Presented was the matter of annual appointments of members to fill vacancies on various City Boards and Commissions. Councilmember Epstein moved to accept the amended list given by the Clerk with late nominations on it as well as late applications. Second by Councilmember H. Katz. The motion was unanimously approved. One member to the Airport Commission was to be appointed. Nominations were declared open for a four-year term. Councilmember H. Katz nominated Gary Squier. Councilmember A. Katz stated he is withdrawing his previous nomination of Jon Schotz from the list as he will nominate Mr. Schotz for something else. Councilmember Conn moved to elect Mr. Squier by unanimous acclamation. Second by Councilmember Epstein. The motion was approved by unanimous vote. Therefore, Gary Squier was appointed to the Airport Commission for a term expiring June 30, 1990. Two members appointed. to the Architectural Review Board were Nominations were declared open for the to be first 11 June 24, 1986 I I 64 four-year term. Counci1member Epstein moved that Ralph Mechur be reappointed by acclamation. Second by Counci1member H. Katz. The motion was approved by unanimous vote. Therefore, Ralph Mechur was appointed to the Architectural Review Board for a term expiring June 30, 1990. Nominations were declared open for the second four-year term on the Architectural Review Board. councilmember Epstein nominated Phyllis Barnard. Councilmember Zane nominated Sara Faulds. Counci1member H. Katz nominated Jil Abramsky. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Sara Faulds: councilmembers conn, A. Katz, Zane Phyllis Barnard: Councilmembers Epstein, Jennings, and Mayor Reed Jil Abramsky: H. Katz There being insufficient votes for appointment, nominations were reopened. Councilmember Zane nominated Sara Faulds. Counci1member Epstein nominated Phyllis Barnard. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Sara Faulds: councilmember Conn, A. Katz, Zane Phyllis Barnard: Councilmember Epstein, Jennings, H. Katz and Mayor Reed Therefore, Phyllis Barnard was appointed to the Architectural Review Board for a term expiring June 30, 1990. One member to the Arts Commission was to be appointed. Nominations were declared open for a four-year term. Mayor Pro Tempore Jennings nominated Browne Goodwin. counci1member Epstein moved to appoint Mr. Goodwin by unanimous consent. Second by Mayor Reed. The motion was approved by unanimous vote. Therefore, Browne Goodwin was reappointed to the Arts Commission for a term expiring June 30, 1990. Two technical members to the Building and Safety Commission were to be appointed. Nominations were declared open for the first three-year term. Councilmember Epstein nominated Barbara Coffman. Counci1member Epstein moved to appoint Barbara Coffman by unanimous consent. Second by Councilmember H. Katz. The motion was approved by unanimous vote. Therefore, Barbara Coffman was reappointed for a term expiring June 3D, 1989. Nominations were declared open for the second three-year term on the Building and Safety Commission. Mayor Pro Tempore Jennings nominated Douglas Lowe. Councilmember A. Katz nominated Mehrdad 12 June 24, 1986 65 Farivar. Councilmember H. Katz nominated Mehrdad Farivar. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Douglas Lowe: Councilmembers Conn, Epstein, Jennings, Zane and Mayor Reed Mehrdad Farivar: Councilmembers A. Katz, H. Katz Therefore, Douglas Lowe was appointed for a term expiring June 30, 1989. Four members to the comnunission on Older Americans were to be appointed. Nominations were declared open for the first two voting seats (four-year terms). Mayor Reed moved to appoint Mr. Dan Cohen and Mr. Leonard Gross unanimously to two of the voting seats. Second by Councilmember A. Katz. Councilmember Epstein asked that the record reflect an abstention on his part regarding Mr. Gross because Mr. Gross was a client of his when he was in legal practice. Councilmember H. Katz stated that he may also have conflict of interest with regard to Mr. Gross. Second by Councilmember A. Katz. The motion was approved by unanimous vote, Councilmembers Epstein and H. Katz abstaining in regard to Mr. Gross. Therefore, Dan Cohen and Leonard Gross were reappointed to voting positions on the Commission on Older Americans for terms expiring June 30, 1990. Nominations were declared open for the third voting seat on the Commission on Older Americans. Councilmember A. Katz nominated Gene Oppenheim. Mayor Reed nominated Aileen Schlef. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Gene Oppenheim: Councilmembers Conn, Jennings, A. Katz, H. Katz and Zane Aileen Schlef: Councilmember Epstein and Mayor Reed Therefore, Gene Oppenheim was appointed to the Commission on Older Americans for a voting term expiring June 30, 1990. Nominations were declared open for one non-voting seat on the Commission on Older Americans. Mayor Reed nominated Beulah Juarez. Councilmember Zane nominated Millie Rosenstein. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Councilmember Conn, Epstein, Jennings, A. Katz, H. Katz, Zane and Mayor Reed Therefore, Beulah Juarez was appointed to the Commission on Older Americans for a non-voting seat for an indefinite term. Beulah Juarez: 13 June 24, 1986 I I 66 Three members to the Commission on the status of Women were to be appointed. Nominations were declared open for the first four-year term. Councilmember Zane moved to reappoint Gabrielle Goldaper unanimously. Second by Councilmember Epstein. The motion was approved by unanimous vote. Therefore, Gabrielle Goldaper was reappointed to the Commission on the Status of Women for a term expiring June 3D, 1990. Nominations were declared open for the second four-term on the Commission on the Status of Women. councilmember Epstein nominated Jeanette Steinberg. Councilmember A. Katz moved to appoint Ms. steinberg unanimously. Second by Councilmember Epstein. Counci1member Zane nominated Eleanor Katzman. Hearing no other nominations, Mayor Reed closed the nomination. The vote on the nominations was as follows: Eleanor Katzman: Councilmember Conn and Zane Jeanette Steinberg: Councilmember Epstein, Jennings, A. Katz, H. Katz and Mayor Reed Therefore, Jeanette Steinberg was appointed to the Commission on the Status of Women for a term expiring June 30, 1990. Nominations were declared open for a three-year term on the commission on the Status of Women. Mayor Reed nominated Phyllis Morrison. Counci1member Zane nominated Eleanor Katzman. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Eleanor Katzman: councilmembers Conn and Zane Phyllis Morrison: Councilmembers Epstein, Jennings, A. Katz, H. Katz and Mayor Reed Therefore, Phyllis Morrison was appointed to the Commission on the Status of Women for a term expiring June 3D, 1989. Five members to the Convention and Visitors Bureau were to be appointed. Nominations were declared open. Mayor Reed moved to appoint Donald Girard, Nancy Greenstein and Sandy Lewis for three three-year terms. Second my councilmember A. Katz. The motion was approved by a vote of 6 to I, councilmember H. Katz opposed. Therefore, Donald Girard, Nancy Greenstein and Sandy Lewis were appointed to the Convention & visitors Bureau for terms expiring June 30, 1989. Nominations were declared open for the remalnlng two two-year terms. Mayor Reed moved to reappoint Robert Gabriel and Linda Kopperud for the two remaining terms. Second by Councilmember H. Katz. The motion was approved by unanimous vote. Therefore, Robert Gabriel and Linda Kopperud were appointed to the Convention & Visitors Bureau for terms expiring June 30, 1988. 14 June 24, 1986 67 Three technical members to the Electrical Board of Appeals were to be appointed. Nominations were declared open. Councilmember Epstein moved to reappoint Robert Brackett and Samuel steinberg and appoint Arthur smith. Second by Councilmember H. Katz. The motion was approved by unanimous vote. Therefore, Robert Brackett, Samuel Steinberg and Arthur Smith were appointed as technical members to the Electrical Board of Appeals for terms expiring June 30, 1989. Two members to the Housing Commission were to be appointed. Nominations were declared open for the first four-year term. Councilmember Epstein nominated Donna Alvarez. Councilmember Zane nominated Seth Jacobson. Hearing no other nominations, Mayor Reed closed nominations. The vote on the nominations was as follows: Seth Jacobson: Councilmember Conn, A. Katz, Zane Donna Alvarez: Councilmember Epstein, Jennings, H. Katz and Mayor Reed Therefore, Donna Alvarez was appointed to the Housing Commission for a term expiring June 30, 1990. Nominations were declared open for the second four-year term. Councilmember A. Katz nominated Seth Jacobson. Councilmember H. Katz nominated Terry Pullan. Councilmember Zane nominated Lisa Monk. The vote on the nominations was as follows: Seth Jacobson: Councilmember Conn, A. Katz, and Zane Terry Pullan: Councilmember Epstein, Jennings, H. Katz and Mayor Reed Therefore, Terry Pullan was appointed to the Housing Commission for a term expiring June 30, 1990. Three members were to be appointed to the Landmarks Commission. Nominations were declared open for two four-year terms. Counci1member H. Katz moved to reappoint Evelyn Hitchcock and Chris Johnson by acclamation. Second by Councilmember Zane. The motion was approved by unanimous vote. Therefore, Evelyn Hitchcock and Chris Johnson were reappointed for terms expiring June 30, 1990. Nominations were declared open for the third four-year term on the Landmarks Commission. Mayor Reed nominated Howard Van Amstel. Mayor Pro Tempore Jennings nominated Louise Gabriel. The vote on the nominations was as follows: Howard Van Amstel: councilmember Conn, Epstein, A. Katz, H. Katz and Mayor Reed 15 June 24, 1986 I I 68 Louise Gabriel: Councilmember Jennings and Zane Therefore, Howard Van Amstel was reappointed to the Landmarks Commission for a term expiring June 30, 1990. Two members to the Library Board were to be appointed. Nominations were declared open for two four-year terms. Councilmember Epstein moved to reappoint Mary Lou Harbison by unanimous consent. Second by Councilmember Conn. The motion was approved by unanimous vote. Therefore, Mary Lou Harbison was reappointed to the Library Board for a term expiring June 30, 1990. Nominations were declared open for the second four-year term on the Library Board. Mayor Reed nominated Barry Boehm. Councilmember Epstein moved to appoint Barry Boehm by unanimous vote. Second by Councilmember A. Katz. The motion was approved by unanimous vote. Therefore, Barry Boehm was appointed to the Library Board for a term expiring June 30, 1990. One member to the Personnel Board was to be appointed. Nominations were declared open for a five-year term. Councilmember Epstein nominated Robert Sullivan. Councilmember Zane nominated Betty Mueller. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Betty Mueller: Councilmember Conn and Zane Robert Sullivan: councilmember Epstein, Jennings, A. Katz, H. Katz and Mayor Reed Therefore, Robert Sullivan was appointed to the Personnel Board for a term expiring June 30, 1991. One member to the Planning Commission was to be appointed. Nominations were declared open for a four-year term to the Planning Commission. Councilmember H. Katz moved to reappoint Mehrdad Farivar by acclamation. Second by Councilmember Epstein. Councilmember Zane nominated Donald Nelson. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Mehrdad Farivar: Councilmember Conn, Epstein, Jennings, A. Katz, H. Katz, and Zane Donald Nelson: Mayor Reed Therefore, Mehrdad Farivar was reappointed to the Planning commission for a term expiring June 30, 1990. 16 June 24, 1986 69 Four members (three technical and one public) were to be appointed to the Plumbing and Mechanical Board of Appeals. Nominations were declared open for two technical members for three-year terms. Councilmember A. Katz moved to appoint Ricky Berger and Satoshi Nitta by unanimous consent. Second by Councilmember by Councilmember H. Katz. The motion was approved by unanimous vote. Therefore, Ricky Berger and Satoshi Nitta I were reappointed as technical members to the Plumbing and Mechanical Board of Appeals for terms expiring June 30, 1989. (The third technical appointment was not called at this meeting due to clerical error. The appointment will be considered on July 22, 1986.) Nominations were declared open for a public member of the Appeals Board for a four-year term. Councilmember A. Katz nominated Mary Booth. Councilmember Epstein moved to appoint Mary Booth by unanimous consent. The motion was duly seconded and approved by unanimous vote. Therefore, Mary Booth was nominated as a public member to the Plumbing and Mechanical Board of Appeals for a term expiring June 30, 1990. Two members to the Recreation & Parks Commission were to be appointed. Nominations were declared open for the four-year terms. Councilmember H. Katz moved to appoint Jil Abramsky and reappoint June Coleman by acclamation. Second by Councilmember A. Katz. The motion was approved by a vote of 6 to 1, Councilmember Epstein opposed. Therefore, Jil Abramsky and June Coleman were reappointed to the Recreation and Parks Commission for terms expiring June 30, 1990. One member to the Social Services Commission was to be appointed. Nominations were declared open for a four-year term. Councilmember A. Katz nominated William Spiegel. Councilmember H. Katz nominated Charissa Lee. Councilmember Zane nominated Michael Hill. Councilmember Epstein nominated Jack Baptista. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Michael Hill: Councilmember Conn and Zane Jack Baptista: William Spiegel: Councilmember Epstein Councilmemher Jennings, A. Katz Charissa Lee: councilmember H. Katz and Mayor Reed There being insufficient votes for appointment, nominations wre reopened. Councilmember A. Katz nominated William Spiegel. Councilmember H. Katz nominated Charissa Lee. councilmember Zane nominated Jack Baptista. Councilmember Conn nominated Michael Hill. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: 17 June 24, 1986 I 70 Michael Hill: Councilmember Conn william Spiegel: Councilmember Epstein, Jennings, A. Katz Zane and Mayor Reed Charissa Lee: Councilmember H. Katz Therefore, William Spiegel was appointed to the Social Services commission for a term expiring June 30, 1990. Four members to the Third Street Development Corporation were to be appointed. Nominations were declared open for two two-year terms. Mayor Reed moved to reappoint Robert Bundy and Ernest Kaplan unanimously. Second by Councilmember H. Katz. The motion was approved by unanimous vote. Therefore, Robert Bundy and Ernest Kaplan were reappointed to the Third Street Development Corporation for terms expiring June 30, 1988. Nominations were declared open for the last two-year term. Councilmember H. Katz nominated Jacky Tadich. Councilmember Epstein moved to appoint Jacky Tadich by unanimous consent. Second by Councilmember H. Katz. The motion was approved by unanimous vote. Therefore, Jacki Tadich was appointed to the Third Street Development Corporation for a term expiring June 30, 1988. Nominations were declared open for the remaining one year-term on the Third Street Development Corporation. Councilmember A. Katz nominated Jon Shatz. Councilmember Zane nominated Richard Cohn. Hearing no other nominations, Mayor Reed closed the nominations. The vote on the nominations was as follows: Richard Cohn: councilmember Conn, H. Katz and Zane Jon Shotz: Councilmembers Epstein, Jennings, A. Katz, and Mayor Reed Therefore, John Shotz was appointed to the Third street Development Corporation for a term expiring June 30, 1987. 14-I: PLANNING COMMISSION: Presented was the acceptance of a letter of resignation of Margo Hebald-Heymann from the Planning Commission and authorizing the posting of vacancy. Councilmember H. Katz moved to accept the resignation of Margo Hebald-Heymann with regret and to authorize the Clerk to post the vacancy. Second by Councilmember Epstein. The motion was approved by a vote of 6 to I, Councilmember Zane opposed. l4-B: SAND CASTLE CONTEST: Continued to July I, 1986. 14-C: HOMELESS REGIONAL PROGRAM: Continued to July 1, 1986. 14-D: GOVERNMENT PAPERWORK BURDEN: Continued to July 1,1986. 18 June 24, 1986 71 l4-E: 1986. continued to July 1, ANTI-PREDATORY CRIME TASK FORCE: 14-F: PICO-KENTER STORM DRAIN: continued to July 1, 1986. 14-G: BALLOT MEASURE/OFF SHORE OIL DRILLING: continued to July 1, 1986. 14-H: COUNCIL MEETING RULES: continued to July 1, 1986. 14-J: HOUSING ISSUES/HOSPITAL SPECIFIC PLAN: Continued to July 1, 1986. ll-D: CLOSED SESSION: Presented was the request for Closed Session to consider personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the city. At 12:08 a.m., councilmember Epstein moved to adjourn to Closed Session to consider the following cases: California Aviation v. City of Santa Monica, United States District Court Case No. CV 84-6985 (CMB) (BX) and Los Angeles superior Court Case No. C 306538: Morrison v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 94021: 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)i Robinson v. City of Santa Monica, santa Monica Superior Court Case No. C 70931: Richlin v. city of Santa Monica, Los Angeles superior Court Case No. C 70931: Moore v. city of Santa Monica, Los Angeles Superior Court Case No. C 70931: City of Santa Monica v. Group Wand Century Communications Corp. The motion was duly seconded and unanimously approved. At 12:55 a.m., council reconvened with all members present. Councilmember Morrison v. Councilmember vote: H. Katz moved to approve settlement in the case of ci ty in the amount of $ 8, 500. Second by Epstein. The motion was approved by the following Council vote: Unanimously approved 7-0 ADJOURNMENT: At 12: 58 a.m., councilmember Epstein moved to adjourn to 7:30 p.m., Tuesday, July 1, 1986, to consider continued items, adjournment to be in memory of Lucille Brown Greene, artist and educator, and Kathryn V. Carysfort, skater from the Santa Monica Figure Skating Club. Second by Mayor Pro Tempore Jennings. The motion was unanimously approved. ATTEST: ~ /I;~ APPROVED: (/,t~~~/~~( ~ristine E. Reed Mayor Ann M. Shore city Clerk 19 June 24, 1986 I