Loading...
M-9/23/1986 149 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 23, 1986 A meeting of the Santa Monica City Council was called to order by Mayor Reed at 7:00 p.m. on Tuesday, September 23, 1986, in the Council Chambers. Roll Call: Present: Mayor Christine E. Reed Councilmember David G. Epstein (entered after Roll Call) Mayor Pro Tempore William H. Jennings councilmember Alan S. Katz (entered at 7:20 p.m.) Councilmember Herbert Katz Councilmember Dennis Zane Absent: Councilmember James P. Conn Also Present: city Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore At 7:01 p.m., it was moved and duly seconded to adjourn to Closed Session. The motion was unanimously approved. CLOSED SESSION: A Closed Session, called by Special Notice, was held for the purpose of considering personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the city. At 7: 30 p. m., council reconvened, wi th all members present except councilmember Conn. After convening the regular meeting, Mayor Reed announced that no action had been taken during Closed Session and that it had adjourned at 7: 30 p.m. REGULAR COUNCIL MEETING A meeting of the Santa Monica City Council was called to order by Mayor Reed at 7:32 p.m. on Tuesday, September 23, 1986, in the Council Chambers. Councilmember Zane led the assemblage in the pledge of allegiance to the United States of America. Reverend Robin Lee DeFrance, Calvary Baptist Church, offered the invocation. Roll Call: Present: Mayor Christine E. Reed Mayor Pro Tempore William H. Jennings Councilmember James P. Conn (entered at 7:34 p.m.) Councilmember David G. Epstein Councilmember Alan S. Katz Councilmember Herb Katz Councilmember Dennis Zane 1 September 23, 1986 I I 150 Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore councilmember A. Katz moved to add late Items 13-0, 14-H, 14-I, and l4-J to the Agenda. Second by Councilmember H. Katz. The motion was unanimously approved. 4-A: EMPLOYEE SERVICE PINS: Presented was the award of service pins to the following employees for their dedication and service to the City: John Almeida, Motor Coach Operator, 35 years; Arnold Brenner, Transportation Mechanic, 35 years; Linnie Holland, Transportation Mechanic Supervisor, 25 years; and John Widich, Motor Coach Supervisor, 25 years. 4-B: LITTER RIDDER CAMPAIGN: Mayor Reed presented awards to winners of the "Litter Ridder Campaignll: Melody Valenzuela, Eric Gruzen, and Wendy Raymundo. 4-C: MOSQUITO ABATEMENT DISTRICT: The City Clerk announced that applications are invited to fill a vacancy on the Los Angeles County West Mosquito Abatement District, appointment to be made at the Council meeting to be held October 14, 1986. 5-A: FILM PERMIT PROCESS: Presented was the request of Mayor Reed to discuss participation in a coordinated area-wide film permit process, continued from September 9, 1986. Discussion was held. Councilmember Zane moved to refer to staff the request from SCAG (Southern California Association of Governments) to participate in establishing a regional one-stop film permit office, identify what is appropriate to include within our own policies, make recommendations, and return to Council in 30 days. Second by Mayor Reed. There being no objection, it was so ordered. 6. CONSENT CALENDAR: Presented was the Consent Calendar whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Epstein moved to approve the Consent Calendar, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The minutes of the meetings held August 26, and September 9, 1986, were approved. 6-8: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 7304 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY", was adopted, thereby terminating the local emergency called on March 1, 1983, a condition of peril caused by storm, high tides, and heavy surf, such conditions now deemed to be within the control of normal protective services, personnel, equipment and facilities of the City. 2 September 23, 1986 151 6-C: NARCOTICS ENFORCEMENT PROGRAM: Resolution No. 7305 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ENDORSING THE LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE NARCOTICS ENFORCEMENT PROGRAM," was adopted. 6-D: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No. 7306 (CCS) enti tIed: .. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 7274 AND 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-8 6 -87) , II was adopted, thereby setting a public hearing for October 14, 1986. 6-E: PHYSICALLY HANDICAPPED PARKING: Resolution No. 7307 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE ADJACENT TO 2229 25TH STREET," was adopted. 6-F: FINAL TRACT MAP 44039/CONDOMINIUM AT 1024 BAY STREET: Resolution No. 7308 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 44039, II was adopted for a 6-uni t condominium project at 1024 Bay street. 6-G: OCEAN PARK BEACH PLAN GRANT APPLICATION: Resolution No. 7309(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 FOR DEVELOPMENT OF THE OCEAN PARK BEACH PLAN," was adopted. 6-H: INDUSTRIAL WASTEWATER CONTROL: Ordinance No. 1387 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 5409 AND 5410 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE CITY'S INDUSTRIAL WASTEWATER CONTROL PROGRAM, II introduced September 9, 1986, was adopted, thereby providing for civil penalties when a discharger fails to provide notice of uncontrolled discharges as required. 6-1: CITY VEHICLE STORAGE FACILITIES: A recommendation was approved to reject the sole bid for the design and construction of three City vehicle storage facilities and authorize staff to readvertise the project. 6-J: EIR/SANTA MONICA BEACH HOTEL/ONE PICO BOULEVARD: A recommendation was approved to authorize the City Manager to enter into Contract No. 4810(CCS) with Bendix Environmental Research, Inc., in the amount of $26,186 for preparation of an Environmental Impact Report on the proposed Santa Monica Beach Hotel, One Pico Boulevard. END OF CONSENT CALENDAR 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-86-88). 3 September 23, 1986 I I 152 Discussion was held. The public hearing was declared opened at 7:50 p.m. There being no one wishing to be heard, Councilmember H. Katz moved to close the public hearing. Second by councilmember Epstein. The motion was unanimously approved. Councilmember Epstein moved to acknowledge the written protest and approve Resolution No. 7310 (CCS) entitled: IlRESOLUTION 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-86-88)," 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 7-0 7-B: VACATION OF WASHINGTON PLACE NORTH: Presented was a public hearing regarding the proposed vacation of a portion of Washington Place North between 24th Court and 25th street and a staff report revised to recommend against the vacation upon finding a sewer line in the alley that was not shown on the city's map. Discussion was held. The public hearing was declared opened at 7:55 p.m. There being no one wishing to be heard, Councilmember H. Katz moved to close the public hearing. Second by Councilmember Conn. The motion was unanimously approved. No action was taken. 8-A: ELECTIONS CODE REVISIONS/NEWSLETTERS: Presented was a staff report transmitting an ordinance for introduction and adoption amending the City Elections Code relating to newsletters during election periods, and including the Rent control Board within its provisions. The pUblic hearing was declared opened at 8:00 p.m. There being no one wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember Epstein moved adoption of Ordinance No. l388(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 11208, 11212, 11213, AND 11214 OF THE SANTA MONICA MUNICIPAL CODE," reading by title only and waiving further reading thereof. Discussion was held. Second by councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 a-B: IN-LIEU FEE/HOUSING ELEMENT: Presented was a staff report transmitting an ordinance for adoption and second reading establishing an in-lieu fee option for Program 12 of the Housing Element, introduced September 9, 1986. Councilmember Epstein moved adoption of Ordinance No. 1389 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING IN-LIEU FEES FOR COMPLIANCE WITH PROGRAM 12 OF THE HOUSING ELEMENT, fI reading by ti t1e only and waiving further reading thereof. Second by Counci1member Conn. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Conn, Epstein, Jennings, A. Katz, H. Katz, Mayor Reed. 4 September 23, 1986 153 Negative: Councilmember Zane 9-A: FINAL MAP 17568/REVERSION TO ACREAGE/1808 17TH STREET: Presented was a staff report recommending adoption of a resolution approving Final Parcel Map No. 17568 reverting to acreage Tract No. 40018 at 1808 17th street. Counci1member Zane moved adoption of Resolution No. 7311(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVERTING TO ACREAGE TRACT 40018 AND ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 17568," reading by title only and waiving further reading thereofi and entering into the record a letter of protest. Second by Counci1member Epstein. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 9-B: CABLE FRANCHISE/THETA, GROUP W, AND CENTURY SOUTHWEST: Presented was a staff report recommending adoption of a resolution terminating the Community Antenna Television System Franchise with Theta/Group W Cable for noncompliance, and denying a franchise transfer from Group W to century Southwest Communications. Discussion was held. The following persons spoke in support of the franchise: Andrew Tow representing century communications Corp., Bill Rosendahl and Day L. Patterson representing Westinghouse Cable, Inc., Donald Schilling representing Century, Gloria Flowers, Gary Hikiss, William Koplovitz representing Group W Cable, and Coral Kerr. Kathryn Montgomery and Alan Goldman spoke in opposition to the franchise. Discussion was held. Councilmember Epstein moved to approve the staff recommendation, thereby adopting Resolution No. 7312(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF SANTA MONICA TERMINATING THE CITY'S COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE WITH THETA CABLE OF CALIFORNIA AND WITH GROUP W CABLE, INC. FOR NONCOMPLIANCE WITH ITS TERMS AND DENYING THE REQUEST FOR APPROVAL OF A FRANCHISE TRANSFER FROM GROUP W CABLE, INC. TO CENTURY SOUTHWEST COMMUNICATIONS, INC., II reading by title only and waiving further reading thereof, denying the requested transfer to Century because of Group W's consistent failure to provide the City with adequate information to perform the extensive financial and technical analysis necessary to ensure the City of Century's financial capability to operate the City's cable system, and declaring the Theta/Group W cable franchise to be terminated effective December 13, 1987, on each of the following independent grounds: (1) The 1981 merger of Teleprompter with Westinghouse without prior City approval constitutes a breach of Section 7(d) of Ordinance No. 734(CCS)i (2) The 1986 stock transfer from Westinghouse to the consortium wi thout seeking City approval constitutes a breach of Section 7(d) of Ordinance No. 734(CCS)i and (3) Century's operation and management of the Santa Monica cable system pursuant to a management agreement with the consortium/Group W constitutes a breach of Section 7 (d) of Ordinance No. 734 (CCS) . Second by Councilmember H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 5 September 23, 1986 I I 154 Counci1member Epstein moved to reaffirm the previous directive to staff to proceed to develop a Request for Proposals for a non-exclusive franchise for cable service in Santa Monica. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 la-A: ARTS COMMISSION/ARTS FOUNDATION BY-LAWS AND BOARD OF DIRECTORS: Presented was a recommendation of the Arts Commission to amend the by-laws of the Arts Foundation to increase the number of Board of Directors to 21 and appoint Laddie John Dill, Fred Segal and Martin Gottl ieb. Discussion was held. Counci1member A. Katz moved the staff recommendation, thereby increasing the number of board members from 15 to 21 and appointing Laddie John Dill, Fred Segal, and Martin Gottlieb to the Board of Directors of the Arts Foundation of Santa Monica. Second by Mayor Pro Tempore Jennings. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 II-A: ECONOMIC DEVELOPMENT WORKING GROUP: Presented was a staff recommendation regarding the creation of a Working Group on Economic Development to enhance and regularize communication between the City and the business co~munity on a wide range of issues which impact economic development in the city. Discussion was held. Councilmemher A. Katz moved the staff recommendation, thereby authorizing the City Manager to establish a Working Group on Economic Development to advise the city and staff on matters relating to economic development, with the frequency of meetings to be worked out by the task force and the City staff. Second by Counci1member H. Katz. Discussion was held. The motion was approved by the fallowing vote: Council vote: Unanimously approved 7-0 II-B: PARK RANGER PROGRAM: Presented was a staff report recommending approval of an appropriation of $44,924 for expansion of the Park Ranger Program. Discussion was held. councilmember Epstein moved approval of the staff recommendation, thereby appropriating $44,924 from the General Fund Reserve to Account 01-400-511-000-150 to expand the Park Ranger Program and $500 from the General Fund Reserve to Account 01-400-511-000-272 for mileage reimbursement for the roving Park Ranger. Second by Councilmember H. Katz. Discussion was held. with no objection from the second, Counci1member Epstein incorporated into the motion Councilmember Connls suggestion for staff to report back in 60 days as to the progress on the pilot program for the parks, during which the part-time park ranger will be functioning. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ll-C: WATER SERVICE FEES: Presented was a staff report recommending adoption of a resolution establishing miscellaneous 6 September 23, 1986 155 fees related to water service, meter installation, and collection. Discussion was held. Councilmember A. Katz moved approval of the staff recommendation, thereby adopting Resolution No. 7313 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING WATER SERVICE AND METER INSTALLATION FEES AND MISCELLANEOUS WATER SERVICE COLLECTION FEES," reading by title only and waiving further reading thereof; I and adjusting the appropriate revenue accounts in the FY 86-87 budget to reflect a net budget change of $44,750. Second by Mayor Reed. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Conn, Jennings, A. Katz, Mayor Reed Negative: Councilmember Epstein Absent: Councilmembers H. Katz, Zane 11-0: DEVELOPMENT AGREEMENT HOUSING OBLIGATIONS/COLORADO PLACE LIMITED: Presented was a staff report requesting authorization to negotiate and execute agreements imposing restrictions on real property and acknowledging compliance with affordable housing obligations under Contract Nos. 3719 (CCS) and 3790 (CCS) , Development and Compliance Agreements with Colorado Place Limited, recognizing the development of ten affordable housing units at 2405-07 4th street. Discussion was held. Councilmember Conn moved approval of the staff recommendation, thereby authorizing the City Manager and the City Attorney to negotiate and execute contract No. 4811 (CCS), an agreement with Colorado Place and Community Corporation of Santa Monica imposing restrictions on real property for a ten unit project at 2405-07 4th Street, and Contract No. 4812(CCS), an agreement with Colorado Place, Limited, acknowledging Compliance, terms described in the staff report dated September 23, 1986. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ll-E: HAZARDOUS MATERIALS: Presented was a staff report recommending direction to the City Attorney to prepare an ordinance for hazardous materials incidents planning regulations, and approvals regarding consultant funding and a fee structure. Discussion was held. Councilmember A. Katz moved to approve the staff recommendation, thereby (1) Directing the City Attorney to prepare an ordinance to adopt Chapter 6.95 of the State Health and Safety Code for final adoption by the January 27, 1987, City Council meeting; 2. Appropriating $7,000 from the Wastewater Fund (General Service share) to account number 31-500-661-000-506 and $13,000 from the General Fund (Police and Fire share) to account number 01-500-401-000-506 to establish funding for the consultant; and (3) Directing staff to develop a fee structure to recover the costs of implementing this program; and including in the motion Councilmember Zanets suggestion to send a copy of the program and how it works to the Local Government Commission, 7 September 23, 1986 I 156 and also solicit their advice. Second by councilmember Epstein. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Il-F: CLOSED SESSION: Presented later in the evening. 12-A: MAIN STREET COMMERCIAL DISTRICT/HOTEL USE: Presented was a staff report recommending setting a public hearing on November 25, 1986, to hear an appeal regarding Planning commission denial of a proposed General Plan text amendment allowing hotels as permitted use in the CM (Main street commercial) District south of Bay Street. Discussion was held. Councilmember Epstein moved to accept the appeal (and set a public hearing for November 25, 1986) but direct the staff, in the context of the staff report on the appeal, to report to Council on the option of, instead of amending the plan piecemeal, a process for considering Main street issues so that Council can either accept the appeal at that time or deny the appeal and, at the same time and in response to the same public hearing, decide what, if anything to do about the Main Street Plan. Second by Mayor Pro Tempore Jennings. Discussion was held. councilmember H. Katz moved a substitute motion to deny the appeal, set a hearing date certain, November 25th, with the option that what council is trying to do at that hearing is to set up a method for going back to the Main Street people and the Main street Plan, and let them come back to Council with a concept. Second by Councilmember Zane. Discussion was held. Councilmember A. Katz moved to hear from members of the public. Second by Mayor Reed. The motion failed by a voice vote. Discussion was held. Councilmember A. Katz moved an amendment to the substitute motion that the pUblic hearing be set for October 28th. Discussion was held. Second by Councilmember H. Katz. The amendment to the substitute motion failed by the following vote: council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz Negative: Councilmembers Conn, Epstein, Zane, Reed The vote on the substitute motion to deny the appeal failed by the fOllowing vote: Council vote: Affirmative: Councilmembers A. Katz, H. Katz, Zane Negative: Councilmembers Conn, Epstein, Jennings, Reed Discussion was held. following vote: The original motion was approved by the Council vote: Affirmative: Councilmembers Conn, Epstein, Jennings, A. Katz, Reed 8 September 23, 1986 157 Negative: Councilmembers H. Katz, Zane Councilmember Epstein moved to continue the meeting to 11:30 p.m. Second by Councilmember Conn. The motion was unanimously approved. 12-B: CONDITIONAL USE PERMIT 428/RESTAURANT AT 2626 PICO I BOULEVARD: Presented was an appeal of a Planning Commission decision approving Development Review 337, Conditional Use Permit 428, permitting removal of a single story building and the construction of a 1,484 square foot 50-seat addition to an existing restaurant totall ing 2, 279 square feet with 7 0 seats. Appellant: Gilbert Rodriguez, on behalf of Gilberto Rodriguez Sr. Discussion was held. Councilmember Epstein moved to hear from the appellant for 5 minutes, members of the public for 3 minutes each, and 3 minutes for rebuttal. Second by Councilmember H. Katz. The motion was unanimously approved. Gilbert Rodriguez, Jr., appellant, spoke to request modification of some of the conditions for approval, specifically, that they not be required to remove the existing rear entrance or that a second entrance be allowed on the west side of the restaurant. Albert Elzas, patricio Cucqui, and Fernando Rodriguez spoke in support of the appeal. Dorothy Fitzsimons spoke in opposition to the appeal. Bill Weingarden spoke to give testimony in support of the restaurant. Councilmember Conn moved to extend the meeting to 12 a.m. Second by Mayor Reed. The motion was approved by a vote. Gilbert Rodriguez, in rebuttal, spoke in support of the appeal. Councilmember H. Katz moved to close the public hearing. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember H. Katz moved to deny the appeal and uphold the Planning Commission decision adopting the findings and conditions contained in Attachment B of the staff report dated September 23, 1986. Second by Mayor Reed. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 13-A: CIVIC AUDITORIUM RENTAL FEE: Presented was the request of Don Sowers, Director, Santa Monica Junior Chamber of Commerce, to address Council requesting a partial waiver of the Civic Auditorium rental fee for the Annual Miss Santa Monica Pageant scheduled on November 9, 1986. Mr. Sowers requested partial waiving of the rental fee for the pageant. Discussion was held. councilmember Epstein moved to receive and file the communication (thereby denying the request). Second by Councilmember Conn. The motion was unanimously approved. l3-B: LOADING ZONE NEAR INFANT CENTER AT 1635 CENTINELA AVENUE: The request of Dorothy Burnett to address Council regarding loading and unloading zone to be located adjacent to the Years to Grow Infant Center at 1635 centinela Avenue was continued as a 5 item on October 14, 1986, pursuant to the request of Ms. Burnett earlier in the meeting. 9 September 23, 1986 I 158 l3-C: LATINO PARTICIPATION IN CIVIC AFFAIRS: The request of Isabel Martin to address Council regarding Latino participation in community and civic affairs was continued as a 13 item on October 14, 1986, pursuant to letter requesting continuance. l3-D: PLANNING COMMISSION: Presented was the request of Derek Shearer (not present) to address Council regarding removal from the Planning commission on September 9, 1986. Councilmember Epstein moved to receive and file the communication. Second by Mayor Reed. The motion was unanimously approved. l4-A: CONVENTION AND VISITORS BUREAU: Presented was the matter of appointment of a member to the Convention and visitors Bureau. Nominations were declared open. councilmember Epstein moved to appoint Charissa Lee by acclamation. Second by Councilmember H. Katz. The motion was unanimously approved. Therefore, Charissa Lee was appointed to the Convention and Visitors Bureau for a term ending June 30, 1989. 14-B: PLANNING COMMISSION: Presented was the matter of appointment of a member to the Planning Commission. Nominations were declared open. Councilmember Epstein moved to appoint Donald Lewin Nelson to the unexpired term by unanimous consent. Second by Councilmember A. Katz. The motion was unanimously approved. Therefore, Donald Lewin Nelson was appointed to the Planning Commission for a term ending June 30, 1988. 14 -C: SEATING ON SOUTH BEACH PEDESTRIAN WALK: The request of Mayor Reed to discuss plans for shaded seating on south Beach Pedestrian Walk was continued to October 14, 1986 as a 5 item. 14-0: AVIATION SAFETY: Presented was the request of Mayor Reed to discuss general aviation safety measures. Mayor Reed introduced discussion and moved to direct the Airport commission to consider and report back to Council regarding tie down rates which have a discounted schedule, so that aircraft which are fully equipped with altitude encoders and transponders and when those devices are annually certified as operational, would pay a tie-down rate less than aircraft not so equipped. Second by Councilmember Epstein. Discussion was held. During discussion, Mayor Reed included in the motion councilmember Epstein's suggestion to ask the City Attorney for an opinion on the legality of such a requirement. Discussion was held. The motion, as amended, was unanimously approved. Councilmember A. Katz moved to extend the meeting to 12:30 a.m. Second by Mayor Reed. The motion was approved. 14-E: STUNT AIRCRAFT ACTIVITY: Presented was the request of Mayor Reed to discuss stunt aircraft activity over the City. Mayor Reed introduced discussion in regard to stunt aircraft over the city on September 16, 1986, and the alarm caused people, especially in view of the recent Cerritos plane crash. Mayor Reed moved to express in the clearest possible, most direct terms to Federal representatives council's total dismay and outrage over the fact that some section of the FAA was so insensitive as 10 September 23, 1986 159 to give a permit for this activity over populated areas, allowing it to happen at night, and scaring people in this and other communities. Second by Councilmernber Epstein. Discussion was held. The motion was unanimously approved. 14-F: SUBSIDIZED ELDERLY HOUSING: The request of councilmernber A. Katz to discuss direction to staff to report regarding owners buying out of commitments to maintain elderly subsidized housing was combined with Item 14-J and continued as a 5 item. 14-G: BOARD/COMMISSION APPLICATION FORM: Presented was the request of Councilmember Epstein to discuss giving instruction to the City Clerk to modify the city Board and Commission application. Councilmember Epstein introduced discussion and moved to direct the Clerk to prepare an appropriate revised form and submit it to Council. Second by Councilmember H. Katz. The motion was unanimously approved. l4-H: PLAYA VISTA PROJECT: Presented was the request of Councilmember Zane to discuss the environmental impacts of the Playa Vista Project. councilm.ember Zane introduced discussion and moved to direct staff to report back to Council regarding options, legal or otherwise, wi thin the next two meetings wi th regard to new information on the traffic circulation in Playa vista. Second by Mayor Reed. The motion was unanimously approved. 14-1: PLANNING COMMISSION: Presented was the matter of the acceptance of letter of resignation of Edward Kirshner from the Planning Commission and authorization to the City Clerk to publish a notice of vacancy. Mayor Reed moved that the letter of resignation of Edward Kirshner transmitted to the Chair of the Planning Commission be included in the record, accepted with regret, and the notice be posted for 10 days and agendized for the next regular Council meeting. Second by Councilmember A. Katz. The motion was unanimously approved. 14-J: SUBSIDIZED ELDERLY HOUSING: The request of Councilmember Zane to discuss notification to legislators of City support for increases and extensions in rental subsidies to keep FHA-assisted buildings affordable was combined with Item 14-F and continued as a 5 item. 11-F: CLOSED SESSION: Presented was a request for Closed Session to consider personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the city. At 12: 10 a.m., councilmember Epstein moved to retire to Closed Session to consider the following cases: California Aviation v. city of Santa Monica, Los Angeles Superior Court Case No. C 306538 and City of Santa Monica v. California Aviation, Los Angeles Superior Court Case No. C 549178; Shearer v. City of Santa Monica, Santa Monica Superior Court Case; Lawson v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 99331; Parkhill v. city of Santa Monica, et al., Long Beach Municipal Court Case No. 250553; Rezanejad v. City of santa Monica, et al., Los Angeles superior Court Case No. C 72869; 11 September 23, 1986 I I 160 Nadjmabadi v. city of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 81867; City of Santa Monica v. Group W Cable and Century (proposed litigation); and City of Santa Monica v. Yarmark, et al. (proposed litigation). Second by Mayor Reed. The motion was unanimously approved. At 12: 45 a. m., Council reconvened with five members present, councilmembers H. Katz and Zane absent. Councilmember A. Katz moved to award settlement in the case of Lawson v. City in the amount of $7,500; Parkhill v. City in the amount of $4,000; and Rezanejad v. city in the amount of $4,455. Second by Councilmember Conn. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 5-0 Absent: Councilmembers H. Katz, Zane ADJOURNMENT: At 12:47 a.m., councilmember Conn moved to adjourn the meeting in memory of sister Maria corita Kent. The motion was duly seconded and unanimously approved. ATTEST: APPROVED: C'k~k ;J-~ / Christine E. Reed Mayor ~ ~a/tz_ Ann M. Shore City Clerk 12 September 23, 1986