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M-9/9/1986 (3) I 136 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 9, 1986 A meeting of the Santa Monica city Council was called to order by Mayor Reed on Tuesday, September 9, 1986, at 7:38 p.m., in the Council Chambers. Mayor Pro Tempore Jennings led the assemblage in the pledge of allegiance to the United states of America. Reverend Karen Moore, Venice united Methodist Church, offered the invocation. Roll Call: Present: Mayor Christine E. Reed Mayor Pro Tempore William H. Jennings Councilmember James P. Conn Councilmember David G. Epstein Councilmember Alan S. Katz (entered at 7:45 p.m.) Councilmember Herb Katz Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore 4-A: PTA MONTH: Mayor Reed issued a proclamation to Joanne Leavitt, PTA President, proclaiming the month of September as "PTA Month. II 4-B: TENANT PROTECTION/ELLIS ACT: Presented was the request of David Finkel of the Rent Control Board to address Council regarding the Ellis Act. Mr. Finkel spoke requesting Council to cooperate with the Rent Control Board in protecting tenants from being evicted under the Ellis Act. Discussion was held. Councilmember Epstein moved to add late Items 6-M, 14-G, 14-H, and 14-1 to the agenda. Second by Councilmember Conn. The motion was unanimously approved. Councilmember Zane moved to move Item 14-F forward for discussion at this time. Second by Councilmember Conn. The motion was unanimously approved. Councilmember Zane moved to hear from the pUblic for three minutes each. The motion was duly seconded and approved by a vote of six to one. 14-F: TENANT PROTECTION/ELLIS ACT: Presented was the request of Councilmember Zane to discuss directing the City Attorney to pursue possible litigation strategies to protect tenants from eviction under the Ellis Act. Discussion was held. Members of the public John Jurenka spoke to request a fair return for landlords, and Bill Weingarden spoke in support of tenant 1 September 9, 1986 137 protection from the Ellis Act. Councilmember Zane moved to ask the City Attorney to continue, and emphasize, the work and options he is developing in his office for legal responses to the Ellis Act, and to direct him to work closely with the legal staff of the Rent Control Board in the development of a strategy to bring back to Council for discussion. Second by councilmember A. Katz. Discussion was held. The motion was unanimously approved. 4 -C: BOARDS AND COMMISSIONS: The Ci ty Clerk announced that applications are invited to fill vacancies on the Convention and visitors Bureau and the Los Angeles County West Mosquito Abatement Program, appointments to be made at the Council meetings to be held September 23, 1986, and October 14, 1986, respectively. SPECIAL JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY: A special j oint meeting of the City Council and Redevelopment Agency was called to order by Chairperson Reed at 8:10 p.m. Roll Call: 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 Member Dennis Zane Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore CC/RA-l: MINUTES APPROVAL: Presented for approval were the minutes of the meeting held August 19, 1986. Member H. Katz moved to approve the minutes as presented. Second by Member A. Katz. The motion was unanimously approved. CC/RA-2: HOUSING PROGRAM GUIDELINES: Presented was a staff report recommending approval of technical revisions to program guidelines for the citywide Housing Acquisition and Rehabilitation program and the Pica Neighborhood Housing Trust Fund Program. Member Epstein moved to approve the staff recommendation, thereby (1) approving the revisions to the program guidelines for the Citywide Housing Acquisition and Housing Rehabilitation Program as described in the report, and the revisions to the program guidelines for the pica Neighborhood Housing Trust Fund Program as described in the staff report dated September 9,1986. Second by Member Zane. Discussion was held. The motion was approved by the following vote: Agency vote: Unanimously approved 7-0 (Additional discussion after Item CC/RA-3) . 2 September 9, 1986 I I 138 CC/RA-3: HOUSING DEVELOPMENT/OCEAN PARK: Presented was a staff report transmitting a resolution authorizing the sale of land to Community Corporation of Santa Monica for development of 55 units of affordable housing in Ocean Park; approval of an increase in the predevelopment expenses contract; and release of two-thirds of the development fee. Discussion was held. Member Zane moved approval of the staff recommendation, thereby adopting Resolution No. 412 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AUTHORIZING THE SALE OF LAND TO COMMUNITY CORPORATION OF SANTA MONICA FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, II reading by ti tIe only and waiving further reading thereof; approving the increase of $137,007 to the predevelopment expenses Contract No. 4585(CCS) by and between the Redevelopment Agency and Community Corporation of Santa Monica, and authorizing the Executive Director to execute the amended contract; and authorizing the release of $64,616, two-thirds of the total development fee estimated at $97,021 to the Community Corporation of Santa Monica. Second by Member Epstein. The motion was approved by the following vote: Agency vote: Unanimously approved 7-0 CC/RA-2: HOUSING PROGRAM/OCEAN PARK: (Continued from discussion prior to CC/RA-3.) Mayor Reed noted that a Council vote was also necessary in regard to this matter. Councilmember Epstein moved approval of the staff recommendation, thereby approving revisions to the program guidelines for the citywide Housing Acquisition and Housing Rehabilitation Program, and revisions to the program guidelines for the pico Neighborhood Housing Trust Fund program as described in the staff report dated September 9, 1986. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ADJOURNMENT: At 8: 23 p. m., Member Epstein moved to adj ourn the Redevelopment Agency meeting. The motion was duly seconded and unanimously approved. REGULAR CITY COUNCIL MEETING RECONVENED: 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are approved in one motion unless removed from the calendar for discussion. councilmember Conn moved to approve the calendar with the exception of Items 6-D and 6-M, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Epstein. 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 12, and August 19, 1986, were approved as presented. 3 September 9, 1986 139 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 7298(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," arising from storms, high tides, and heavy surf, was adopted. 6-C: TREE PLANTING ASSESSMENTS: Resolution No. 7299(CCS) I entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR PLANTING OF TREES ON BROADWAY BETWEEN 4TH AND 17TH STREETS, ALL WITHIN THE CITY OF SANTA MONICA," was adopted, thereby setting a public hearing for October 14, 1986. 6-E: UNDERGROUND UTILITIES ASSESSMENTS: Resolution No. 7301(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR UNDERGROUNDING OF UTILITIES AT 1313, 1421 AND 1425 OCEAN FRONT WALK," was adopted, thereby setting a public hearing for October 14, 1986, to confirm assessments for the undergrounding of utili ties at 1313, 1421, and 1425 Ocean Front Walk. 6-F: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No. 7302 (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-86-89) ,II was adopted, thereby setting a public hearing for October 14, 1986. 6-G: PARKING STRUCTURES IN R-4 DISTRICT: Ordinance No. 1383 (CCS) entitled: !lAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9110A OF THE SANTA MONICA MUNICIPAL CODE TO PERMIT OFF-SITE PARKING STRUCTURES IN CONJUNCTION WITH THE MUNICIPAL PIER OR HOTEL DEVELOPMENTS IN THE R-4 DISTRICT," was adopted, having been introduced August 2 6, 1986. 6-H: RAILROAD RIGHTS-OF-WAY: Ordinance No. l384(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 1321(CCS) TO PROHIBIT THE USE OF RAILROAD RIGHTS OF WAY FOR OTHER THAN TRANSPORTATION PURPOSES, II was adopted, prohibition to be in effect for a period of not more than one year, the ordinance having been introduced August 26, 1986. 6-1: WATER DIVISION OPERATION: Ordinance No. 1385 (CCS) entitled: !IAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE WATER DIVISION, II was adopted, thereby reflecting changes in the City'S organizational structure, operating procedures, and in industry practices due to 4 September 9, 1986 I 140 the evolving regulatory environment, the ordinance having been introduced August 26, 1986. 6-J: GAMBLING: Ordinance No. l386(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 4226, 4227, 4228, AND 4228A RELATING TO (prohibiting certain types of) GAMBLING TO THE SANTA MONICA MUNICIPAL CODE," was adopted, having been introduced August 26, 1986. 6-K: STREETLIGHTS: Contract No. 4805(CCS) was awarded to Raymor Electric Co., Inc., in the amount of $279,000 for construction of streetlights on various city streets, and necessary change orders were authorized. 6-L: SHORT RANGE BUS TRANSIT PLAN: Contract No. 4806(CCS) was awarded to ATE Management and service Co., Inc., in an amount not to exceed $30,000 to prepare for an update of the Short Range Transit Plan for the Santa Monica Municipal Bus Lines. END OF CONSENT CALENDAR 6-D: LAND USE ELEMENT: Presented was a Resolution of Intention to amend section 1.8.7 of the General Plan Land Use Element by modifying provisions affecting the Special Office District and direction to Planning Commission to hold a public hearing on the proposed amendment. Discussion was held. Councilmember H. Katz moved to approve the revision of Section 1.8.7, allowing parks to be offsite, but not to affect setbacks or open space with regard to the Element as it stands now, thereby adopting Resolution No. 7300 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO AMEND SECTION 1. 8 . 7 OF THE LAND USE ELEMENT OF THE GENERAL PLAN, II reading by title only and waiving further reading thereof, and directing the Planning Commission to hold a public hearing on the proposed amendment and forward a recommendation to the City Council. Second by Mayor Reed. Councilmember Epstein moved an amendment that the Planning commission be asked to review the legislative history of the adoption of this Element, and to reference specifically the proposed amendment in relation to height. with no objection from the second, Councilmember H. Katz incorporated the amendment into the motion. The motion was approved by the following vote: Council vote: unanimously approved 7-0 6-M: AIRPORT DEVELOPMENT PROGRAM: Presented was a staff report recommending award of a contract to Calfon Construction, Inc., in the amount of $5,061,835 for the construction of the Airport Development Program, Phase I; award of a contract to Lukas Wendel and Associates in the amount of $415,000 for construction management of the Airport Development Project and in the amount of $55,000 for the Administration Building and Specialty FBG Hangar; and approval of the necessary account adjustments. Steve 5 September 9, 1986 141 Aman of Aman Brothers, who submitted a bid, spoke to protest award of the contract to Calfon Construction, Inc., due to an irregularity in the bidding process. Discussion was held. Councilmember Epstein moved to waive the minor irregularity and award the contract as proposed by staff, thereby awarding Contract No. 4807(CCS) to Calfon Construction, Inc., in the amount of $5,061,835 for the construction of the Airport I Development Program, Phase I. Second by Councilmember Conn. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Conn, Epstein, Jennings, A. Katz, H. Katz, Zane Negative: Mayor Reed Mayor Reed requested the record to reflect that her no vote is because she shares the concerns of the second lowest bidder with regard to the manner in which the award process was handled. Councilmember Zane moved the rest of the staff recommendation, thereby awarding Contract No. 4808(CCS) to Lukas Wendel and Associates for construction management for the Airport Development Project in the amount of $515,000 and for the Administration Building and Specialty FBG Hangar in the amount of $55,000: increasing the appropriation authority in Account No. 33-710-631-000-903 by $550,000 and increasing the revenue estimate at Account No. 33-932-248-000-000 by $550,000: and authorizing the city Engineer to issue any change orders necessary to complete additional work to the extent of funds available in accordance with Administrative Instruction on Change Orders. Second by Councilmember Epstein. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-A: STREETLIGHT ASSESSMENTS: Presented was a staff report and a pUblic hearing on the confirmation of assessments for street light installation on California street between 18th and 20th Streets, 26th street between pi co BOUlevard and Pearl street, 14th Street between lUlshire and Santa Monica Boulevards, and Berkeley Street between Wilshire and Santa Monica Boulevards. At 8:55 p.m., the public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Discussion was held. councilmember Zane moved the staff recommendation, thereby adopting Resolution No. 7303 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT FOR CALIFORNIA STREET BETWEEN 18TH AND 20TH STREETS, 26TH STREET BETWEEN PICO BOULEVARD AND PEARL STREET I 14TH STREET BETWEEN WILSHIRE AND SANTA MONICA BOULEVARDS AND BERKELEY STREET BETWEEN WILSHIRE AND SANTA MONICA BOULEVARDS," reading by title only and 6 September 9, 1986 I 142 waiving further reading thereof. Second by Mayor Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 a-A: SOLXCITATIONS AND PEDDLING: Presented was a staff report transmitting an ordinance for introduction and first reading adding Chapter 2B to the Municipal Code relating to solicitations and peddling. Discussion was held. Councilmember Epstein moved to put this item over until the first meeting in October. Second by Councilmember H. Katz. The motion was unanimously approved. a-B: INDUSTRIAL WASTEWATER CONTROL PROGRAM: Presented was a staff report transmitting an ordinance for introduction and first reading amending sections of the Municipal Code relating to the City's Industrial Wastewater Control Program. At 9:15 p.m., the public hearing was declared opened. Wayne Hall spoke in support of monitoring and penal ties to violators. There being no one else wishing to be heard, Councilmember Epstein moved to close the public hearing. Second by Mayor Reed. The motion was unanimously approved. Councilmember Epstein moved to introduce for first reading an ordinance 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," reading by title only and waiving further reading thereof, thereby providing that industrial wastewater shall not be discharged into the storm drain system. The motion was approved by the following vote: council vote: Unanimously approved 6-0 Absent: Councilmember Conn 8-C: IN-LIEU FEE/HOUSING ELEMENT: Presented was a staff report transmitting an ordinance for introduction and first reading establishing an in-lieu fee option instead of on-site inclusionary housing units required by Program 12 of the Housing Element. Discussion was held. The public hearing was declared opened at 9:30 p.m. Alex T. Mlikotin spoke to request that the fee be reduced. There being no one else wishing to be heard, Councilmember Epstein moved to close the public hearing. Second by Councilmember Zane. The motion was unanimously approved. councilmember Epstein moved to introduce for first reading an ordinance entitled: It 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," reading by title only and waiving further reading thereof. Second by Mayor Reed. councilmember Zane moved an amendment to increase the fee in Section 1 (b) to $5 per square foot. Second by Councilmember Conn. The amendment failed by the following vote: Council vote: Affirmative: Councilmembers Conn, A. Katz, Zane 7 September 9, 1986 143 Negative: Councilmembers Epstein, Jennings, H. Katz, Mayor Reed Discussion was held. The motion to introduce the ordinance was approved by the following vote: council vote: Affirmative: Councilmembers Conn, Epstein, Jennings, A. Katz, H. Katz, Mayor Reed Negative: Councilmember Zane I Councilmember Zane requested the record to reflect the following: "1 believe with the figures here provided that in fact, the existing program, which has probably generated 50-some units in the 30 projects and the 8 existing units already provided, will probably generate more units than this program will provide for, and therefore, I think the way is to stay with a successful program. II 11-A: CLOSED SESSION: Presented later in the evening. 12-A: CONDITIONAL USE PERMIT/CONDOMINIUM PROJECT AT 2021 3RD STREET: Presented was an appeal of Planning commission condition of approval of Tentative Parcel Map 17599 and Conditional Use Permit 416, wherein a condition was imposed that access to the upper level roof decks be removed in regard to development of a two-unit condominium at 2021 3rd street, continued from August 12, 1986. Applicant/appellant: Douglas A. Lowe for Lefcoe and Whitebread. Discussion was held. Doug Lowe, project architect, spoke in support of the proposal. Discussion was held. Members of the public Bruce Dickinson and Jan Ludwinski spoke in opposition to the proposed roof deck. George Lefcoe, project owner, spoke in support of the proposal. Discussion was held. Councilmember H. Katz moved to support the staff recommendation, thereby upholding the appeal and approving Tentative Parcel Map 17599 and Conditional Use Permit 416 in regard to the condominium development at 2021 3rd street with the findings and conditions contained in the May 5, 1986, Planning Commission Statement of Official Action, but deleting Condition 11 ("Access to the roof shall be eliminated from Unit A, Unit B and the common tower, so that the upper roof of each unit is not used as a deck") thus allowing the roof deck. 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, Zane Negative: Mayor Reed Mayor Reed requested the record to reflect that her negative vote is because she shares the concerns of some of the neighbors. 8 September 9, 1986 I 144 At 10:50 p.m., Councilmember Epstein moved to extend the meeting to 12: 30 p. m. Second by Councilmember Conn. The motion was unanimously approved. 12-B: TENTATIVE PARCEL MAP 17501/2020 SANTA MONICA BOULEVARD: Presented was an appeal of a Planning commission decision approving Tentative Parcel Map 17501 for the subdivision of the General Telephone company's property located at 2020 Santa Monica Boulevard into two parcels, thereby separating the existing toll switching building from the existing six story office building. Applicant: General Telephone Company of California. Appellant: Jack H. Rubens for Santa Monicans for Reasonable Growth. Discussion was held. John Belsher, representing Santa Monicans for Reasonable Growth, spoke in opposition to the project. Discussion was held. Members of the public Burt Pines, GTE counsel, and Gary Ahles, GTE representative, spoke in support of the project. Don Nelson and Bill Weingarden spoke in opposition to the project. Discussion was held. Councilmember Epstein moved to remand the appeal to the Planning Commission. The motion failed for lack of a second. Discussion was held. Councilmember Zane moved to grant the appeal on the grounds provided for by the City Attorney's Office Memorandum Opinion Number 86-63, as follows: (a) The proposed map is not consistent with applicable general and specific plan as specified in Government Code section 65451, (b) The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans, and (e) The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or SUbstantially and avoidably injure fish or wildlife or their habitat. Second by Councilmember H. Katz. Discussion was held. At 12:24 a.m., Councilmember Epstein moved to extend the meeting to 1: 00 a.m. and take a five-minute recess. Second by Councilmember Zane. The motion was unanimously approved. At 12:27 a.m., Council reconvened with all members present. Discussion was held. Councilmember Zane withdrew his original motion and moved a continuation of this item and the public hearing. Burt Pines, GTE counsel, indicated for the record that for this purpose, his client, General Telephone, waives all applicable time periods in any State or local code to ensure the legal validity of the hearing at a later date. Mayor Reed summarized the motion before them as accepting Mr. Pine's indication of the waiver of the time limits, continuing indefinitely the public hearing, and indicating that the City will call a public hearing as soon as is reasonably practicable within 20 days of GTE's request of Council to do so. The motion was approved by the following vote: council vote: Unanimously approved 7-0 9 September 9, 1986 145 13-A: PARKING/25TH STREET AT PICO BOULEVARD: Presented was the request of Gambhir Singh (not present) to address Council regarding parking on 25th street in the vicinity of pico Boulevard. Councilmember Epstein moved to receive and file the communication. The motion was duly seconded and unanimously approved. 14-A: CAPITAL IMPROVEMENTS TIMING: Presented was the request of I Councilmember A. Katz to discuss the procedure for informing Council of a time schedule for maj or capital improvements that will cause an inconvenience to residents and businesses. Councilmember A. Katz introduced discussion and moved to create a management tool which would notify Council of major projects, identify a time schedule for the completion of those proj ects, identify mitigation measures being used on those projects, and if and when that schedule or those mitigation efforts fail, notify Council in some form of a report so that council is aware of them and can take appropriate action. Second by Councilmember Conn. The motion was unanimously approved. 14-B: PARK RANGER PROGRAM: Presented was the request of Mayor Reed and councilmember Epstein to discuss making the Park Ranger Program permanent and expanding it. Mayor Reed moved to continue the Park Ranger Program in Palisades Park and direct staff to return to Council in two weeks with suggestions on the other parks and also with information necessary to make appropriate budget changes. Second by Mayor Pro Tempore Jennings. Discussion was held. The motion was unanimously approved. 14-C: FILM PERMIT PROCESS: The request of Mayor Reed to discuss city participation in a coordinated area-wide film permit process was continued as a IS' item. 14-D: PRE-ELECTION MASS MAILING: Presented was the request of Councilmember Epstein to discuss the City's pre-election mass mailing ordinance. Councilmember Epstein moved to direct the city Attorney to return in two weeks with an emergency ordinance amending the pre-election mass mailing ordinance to include the Rent Control Board and to change the time limits to reflect the filing times due to new consolidated elections. Second by Mayor Reed. Discussion was held. with no objection from the second, Councilmember Epstein modified the motion so that the intent is to make the ordinance effective as soon as possible by emergency ordinance, if necessary. The motion was unanimously approved. 14-E: STORM. DRAIN AREA: Presented was the request of Councilmember Zane to discuss the fencing off of storm drain areas. Councilmember Zane moved to direct staff to return with options regarding protecting the public at the storm drain areas on the beach including, but not limited to, fencing the area. Second by councilmember H. Katz. Discussion was held. The motion was unanimously approved. 10 September 9, 1986 I 146 14-F: TENANT PROTECTION/ELLIS ACT: Considered after Item 4-B. 14-G: SOCIAL SERVICES: Presented was the request of Mayor Pro Tempore Jennings to discuss giving specific direction to the Blue Ribbon Committee on Social Services. Mayor Pro Tempore Jennings introduced discussion and moved the fOllowing charges to the Blue Ribbon Committee on the Social Services: (1) Generating new board members for agencies: (2) Linking agencies needing and providing specific technical assistance; (3) Developing, advocating, and participating in programs to identify employees interested in working with agencies and related to employment opportunities; (4) Promoting an UAdopt an Agency" program whereby a business would be encouraged to focus its assistance and energy on only one or two agencies; (5) Advocating and lobbying for proposals at the state and National levels that would increase support for social service programs; (6) Putting together support for yearly publication of an agency "wish list"; and (7) Assisting agencies in obtaining entrees to decision makers on the boards of grants-giving foundations. Second by Councilmember Epstein. Discussion was held. Councilmember Epstein moved to extend the meeting to 1: 30 a. m. Second by councilmember H. Katz. The motion was approved. Discussion was held. Councilmember Conn moved a substitute motion to remand this to the Social services commission for their review. Second by Councilmember Zane. The substitute motion was approved by the following vote: Council vote: Affirmative: counci1members Conn, A. Katz, H. Katz, Zane, Mayor Reed Negative: Counci1members Epstein, Jennings 14-H: ASBESTOS CLEANUP: Presented was the request of Councilmember Zane to discuss asbestos cleanup at pacific Plaza Towers, 1431 Ocean Avenue. Councilmember Zane introduced discussion and moved to direct staff to (1) identify and offer Council by way of memo what authority the City might have with respect to this problem, and (2) authorize staff to play a mediation role, if appropriate, in helping to resolve the difficulties there. Second by Counci1member A. Katz. Discussion was held. with no objection from the second, Councilmember Zane incorporated into the motion councilmember Epstein's suggestion that the city cooperate with the County authorities who have the primary responsibility in this area. Discussion was held. The motion was approved by unanimous vote. 14-I: PLANNING COMMISSION: Presented was the request of Councilmember H. Katz to discuss Planning Commission Chairperson Hecht's request regarding member Derek Shearer. Councilmember H. Katz introduced discussion and read into the record a letter from Planning COl1l1nission Chairperson Hecht regarding the conduct of Commissioner Derek Shearer. Discussion was held. Counci1member H. Katz moved to remove Derek Shearer from the Planning 11 September 9, 1986 147 Commission. Second by Councilmember A. Katz. Discussion was held. Councilmember Zane moved to hear from members of the public. The motion failed for lack of a second. Councilmember Zane moved a substitute motion to remove Larry Israel from the Planning commission. Second by Councilmember Conn. Discussion was held. Mayor Reed ruled the substitute motion out of order pursuant to the city Attorney's opinion that it is not an appropriate substitute motion. Discussion was held. The motion to remove commissioner Shearer was approved by the fOllowing vote: council vote: Affirmative: Councilmembers Epstein, jennings, A. Katz, H. Katz, Mayor Reed Negative: Councilmembers Conn, Zane councilmember Zane moved to remove Larry Israel from the Planning Commission. Second by Councilmember Conn. Discussion was held. The motion 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 if evidence is presented that shows that Mr. Israel's behavior violates the standards articulated earlier concerning Mr. Shearer, he would vote to remove him. Councilmember H. Katz moved to make an emergency temporary appointment of Don Nelson to the Planning Commission representing a neighborhood that is long overdue, and that is Mid-Cities. Second by Councilmember A. Katz. Discussion was held. Counci1member H. Katz withdrew his motion because of the ten-day public notice requirement. Discussion was held. Mayor Reed moved to direct that the ten-day notice procedure be complied with, that it be listed on the agenda for the next regular Council meeting to fill the appointment, and that councilmembers should make their nominations prior to Friday noon before the next regular Council meeting. Second by Councilmember Epstein. Mayor Pro Tempore Jennings moved to extend the meeting to 2:00 a.m. The motion was duly seconded and unanimously approved. The motion regarding the ten-day pUblic notice was approved by a vote of five to zero, Councilmembers Conn and Zane abstaining. 11-A: CLOSED SESSION: Presented was the request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the City. At 1:40 a.m., Councilmember Epstein moved to retire to Closed Session to consider the following pending cases: California Aviation v. city of Santa Monica, Los Angeles Superior Court Case No. C 306538 and City of Santa Monica v. 12 September 9, 1986 I I 148 California Aviation, Los Angeles Superior Court Case No. C 549178; United Brotherhood of Carpenters v. City of Santa Monica, Santa Monica Superior Court Case No. WEe 069227; Rita Diaz Wilson v. City of Santa Monica, united states District Case No. 86-2020 HLH (Bx); Spearman v. City of Santa Monica, Los Angeles Superior Court Case No. 424362; Kuen v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 89879; Lacefield v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 93491; Tervalon v. City of Santa Monica, Los Angeles Superior Court Case No. C 70263; and Ot1ey v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 98192. Second by Mayor Reed. The motion was unanimously approved. At 1:55 a.m., Council reconvened with five Councilmembers present, Counci1merobers H. Katz and Jennings absent. Counei1member A. Katz moved to approve settlement in the following cases: Spearman v. city, $3,000: Kuen v. city, $4,300: Lacefield v. city, $5,250; Tervalon v. City, $10,000; and Otley v. City, $11,000. The motion was duly seconded and approved by the following vote: Council vote: Affirmative: Counci1members Conn, A. Katz, Zane, Mayor Reed Abstain: Councilmember Epstein (per tape) Absent: counci1members H. Katz, Jennings (Mayor Pro Tempore Jennings entered at 1:56 a.m.) ADJOURNMENT: At 1:57 p.m., Councilmerober A. Katz moved to adj ourn the meeting in memory of Xochiquetzal tz in viII icana De Cronkhite, the City's Spanish translator, and her two children, Cuauhtemoe George Heeter Cronkhite and Tomantzin Cronkhite, who perished in the Cerritos plane crash. The motion was duly seconded and unanimously approved. rJ::' YJ;~. APPROVED: ,C[~~~l-~ / Christine E. Reed Mayor Ann M. Shore City Clerk 13 September 9, 1986