Loading...
M-8/26/1986 (2) I 126 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 26, 1986 A meeting of the Santa Monica City council was called to order by Mayor Reed in the Council Chambers on Tuesday, August 26, 1986, at 7: 33 p.m. Councilmember Epstein led the assemblage in the pledge of allegiance to the United States of America. Rabbi Jeffrey Perry-Marx, Santa Monica Synagogue, offered the invocation. Roll Call: Present: Mayor Christine E. Reed Councilmember David G. Epstein Councilmember Alan S. Katz Councilmember Herb Katz Absent: Mayor Pro Tempore William H. Jennings Councilmember James P. Conn Councilmember Dennis Zane Also Present: city Manager John Jalili city Attorney Robert M. Myers City Clerk Ann M. Shore 4-A: RECREATION AND PARKS EMPLOYEE RECOGNITION: Mayor Reed recognized Parks Division crew members virgil Angel, Patrick Balfe, Larry Edgecomb, Eno Guerra, Mariano Molina III, Tim Obert, and Adam pavesic for special emergency assistance they rendered after a fatal bicycle hit-and-run accident on July 31, 1986. REDEVELOPMENT AGENCY REGULAR MEETING A regular meeting of the Redevelopment Agency was called to order by Chairperson Reed at 7:38 p.m. Roll Call: Present: Chairperson Christine E. Reed Member David G. Epstein Member Alan S. Katz Member Herb Katz Absent: Chairperson Pro Tempore William H. Jennings Member James P. Conn Member Dennis Zane Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore RA-1: MINUTES APPROVAL: Presented for approval were the minutes of the Redevelopment Agency meeting held July 22 and July 29, 1 August 26, 1986 127 1986. Member Epstein moved to approve the minutes as presented. Second by Member H. Katz. Members A. Katz and H. Katz requested the record to reflect that they normally would not vote to approve the minutes of a meeting at which they were not in attendance, but since four votes are needed to approve the minutes, they will be doing so. The motion was unanimously approved. ADJOURNMENT: At 7:41 p.m., Member Epstein moved to adjourn the Redevelopment Agency meeting. Second by Chairperson Reed. The motion was unanimously approved. CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING A special joint meeting of the city Council and Parking Authority was called to order by Chairperson Reed at 7:42 p.m. Roll Call: Present: Chairperson Christine E. Reed Member David G. Epstein Member Alan S. Katz Member Herb Katz Absent: Chairperson Pro Tempore William H. Jennings Member James P. Conn Member Dennis Zane Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers City Clerk Ann M. Shore CC/PA-1: MINUTES APPROVAL: Presented for approval were the minutes of the Parking Authority meetings held April 22, May 13, June 17, June 24 , and July I, 1986. Member Epstein moved to approve the minutes with the same notation for the record as that made by Members A. Katz and H. Katz for the Redevelopment Agency. Second by Chairperson Reed. The motion was unanimously approved. CC/PA-2: SECOND STREET PARKING STRUCTURE LEASE/PHILPROP DEVELOPMENT COMPANY TO SOUTH PAC PROPERTIES: Presented was a staff report recommending approval of assignment of a lease in public parking structures on Second street from Philprop Development Company to South Pac Properties Inc. Discussion was held. Member Epstein moved adoption of Resolution No. 198 (PAS) entitled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING AN ASSIGNMENT OF CONTRACT NUMBER 1828 (CCS) FROM PHILPROP DEVELOPMENT CO. TO SOPAC PROPERTIES, INC., It reading by title only and waiving further reading thereof. Second by Member A. Katz. The motion was approved by the following vote: Authority vote: Unanimously approved 4-0 Absent: Members Conn, Jennings, Zane 2 August 26, 1986 I I 128 Councilmember A. Katz moved adoption of Resolution No. 7288{CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AN ASSIGNMENT OF CONTRACT NUMBER 1828 (CCS) FROM PHILPROP DEVELOPMENT CO. TO SOPAC PROPERTIES, INC.," reading by title only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: council vote: Unanimously approved 4-0 Absent: Councilmembers Conn, Jennings, Zane ADJOURNMENT: At 9:45 p.m., Member Epstein moved to adjourn the Parking Authority meeting. Second by Chairperson Reed. The motion was unanimously approved. REGULAR CITY COUNCIL MEETING RECONVENED: Councilmember H. Katz moved to add Item 14-E to the agenda. Second by Mayor Reed. The motion was unanimously approved. 5-A: BOARD OR COMMISSION APPEAL: Presented was the request of Councilmernber H. Katz to discuss the inappropriateness of a Commission or Board member directly appealing items to Council after they have voted on it. councilmember H. Katz moved to hear from a member of the public for three minutes. Second by Councilmember Epstein. The motion was unanimously approved. councilmember H. Katz introduced discussion and proposed that a standard be developed for commissioners appealing items to the Council. Bill Weingarten spoke in support of permitting dissenting commissioners and neighborhood groups to appeal free of charge. Discussion was held in regard to specific appeal instances; no action was taken. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are approved in one motion unless removed from the calendar for discussion. councilmember H. Katz moved to allow a member of the public to be heard on Item 6-E. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember Epstein moved to approve the consent calendar with the exception of Item 6-E, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Councilmember H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 4-0 Absent: Councilmembers Conn, Jennings, Zane 6-A: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 7289(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL 3 August 26, 1986 129 EMERGENCY," arising from storms, high tides, and heavy surf, was adopted. 6-B: VACATION OF WASHINGTON PLACE NORTH ADJACENT TO 2421 WASHINGTON AVENUE: Resolution No. 7290(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF I THAT CERTAIN ALLEY KNOWN AS WASHINGTON PLACE NORTH, IN THE CITY OF SANTA MONICA, CALIFORNIA, II was adopted, thereby setting a public hearing for September 23, 1986. 6-C: DAMAGED SIDEWALKS 1 DRIVEWAYS AND CURBS: Resolution No. 7291 (CCS ) entitled: II 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 REPAIRS OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-86-88),1I was adopted, thereby setting a public hearing for September 23, 1986. 6-D: COMMUNITY DEVELOPMENT PROGRAM REVIEW HEARINGS: Ordinance No. 1380(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2946 RELATING TO POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM," was adopted, having been introduced on August 12, 1986. 6-F: THIRD STREET MALL AND DOWNTOWN ASSESSMENT DISTRICT: Ordinance No. 1382 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FEE FOR THE OPERATION, MAINTENANCE, AND REPAIR OF PUBLIC IMPROVEMENTS IN THE THIRD STREET MALL AND DOWNTOWN ASSESSMENT DISTRICT," was adopted, having been introduced August 19, 1986. 6-G: FINAL MAP 16724/TENANT CONVERSION PROJECT AT 728-730 LINCOLN BOULEVARD: Resolution No. 7292(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 16724,11 was adopted, thereby approving a final map for a four-unit tenant participating conversion project at 728-730 Lincoln Boulevard. 6-H: FINAL MAP 43841/TENANT CONVERSION PROJECT AT 1835 7TH STREET: Resolution No. 7293(CCS) entitled: f1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 43841, II was adopted, thereby approving a final map for a seven-unit tenant participating conversion project at 1835 7th street. 6-1: FINAL MAP 43881/TENANT CONVERSION PROJECT AT 1329 HARVARD STREET: Resolution No. 7294(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVIS ION MAP FOR TRACT NO. 43881, II was adopted, 4 August 26, 1986 I 130 thereby approving a final map for a six-unit tenant participating conversion project at 1329 Harvard street. 6-J: POLICE DEPARTMENT MOTORCYCLE OFFICER TRAINING: Resolution No. 7295 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RELATING TO TRAINING OF MOTOR OFFICERS, II was adopted, thereby authorizing the use of Hollywood park as a training site for in-service motorcycle training of santa Monica Police Department motor officers. 6-K: CITYWIDE RENTAL HOUSING REHABILITATION HUD FUNDS: A recommendation was approved to decrease the Fiscal Year 1986-87 revenue estimate at revenue account 20-932-367-000-000 by $61,800 and appropriate $71,000 for the citywide Rental Rehabilitation account number 20-720-264-134-955 to reflect award of new fiscal year funds from HUD. END OF CONSENT CALENDAR 6-E: PARKING METER ZONES AND RATES: Presented was an ordinance for adoption and second reading amending sections 3393A and 3393E of the Santa Monica Municipal Code establishing parking meter zones and rates, introduced August 12 , 1986. Member of the public Joseph Cook submitted a petition signed by Main street merchants and employees and spoke in opposition to increased parking meter rates in relation to the Main Street area and nearby parking Lot #11. Discussion was held. Mayor Reed requested the minutes to reflect Councilmember Epstein's direction to staff to (1) meet at an appropriate time with Mr. Cook and the Main street group regarding the parking situation described, (2) study the impact of this change on Lot 11 and, within sixty days of the time it is implemented, report back on its effect, if any, and (3) study whether the signage for commercial customers directing them to Lot #11 is adequate. Councilmember Epstein moved to adopt Ordinance No. 1381(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 3393A AND 3393E OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PARKING METER ZONES," reading by title only and waiving further reading thereof, thereby establishing parking meter rates of $.35 per hour in the Wilshire Boulevard, Santa Monica Boulevard, and downtown areas, and rates of $.50 per hour in the Main street and Ocean Avenue areas. Second by Mayor Reed. The motion was approved by the following vote: Council vote: Unanimously approved 4-0 Absent: councilmembers Conn, Jennings, Zane 7-A: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a staff report and a pUblic hearing on assessments of costs to repair damaged sidewalks, driveways and curbs (SR-86-86). The public hearing was declared opened. Gary Wittuck spoke in opposition to the high cost of the assessment. There being no 5 August 26, 1986 131 one else wishing to be heard, Counci1member Epstein moved to close the public hearing. Second by councilmember H. Katz. The motion was unanimously approved. Councilmember Epstein moved to acknowledge the protest and adopt Resolution No. 7296(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 I (SR-86-86) , 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 4-0 Absent: Councilmembers Conn, Jennings, Zane 8-A: PARKING STRUCTURES/PIER OR HOTEL DEVELOPMENT IN THE R-4 DISTRICT: Presented was a staff report transmitting an ordinance for introduction and first reading amending Municipal Code 9110A to permit offsite parking structures in conjunction with the pier or hotel developments in the R-4 Multiple Family Residential District subject to approval of a conditional use permit. The public hearing was declared opened. There being no one wishing to be heard, Councilmember Epstein moved to close the public hearing. Second by Councilmember H. Katz. The motion was unanimously approved. Councilmember Epstein moved to introduce for first reading an ordinance entitled: "AN 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, II 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 4-0 Absent: Councilmembers Conn, Jennings, Zane 8-B: RAILROAD RIGHTS-OF-WAY: Considered after Item 8-0. 8-C: WATER DIVISION OPERATION: Presented was a staff report transmitting an ordinance for introduction and first reading amending Municipal Code Article VII, Chapter 2, relating to the operation of the Water Division. The public hearing was declared opened. Wayne Hall spoke to request full disclosure regarding water quality. There being no one else wishing to be heard, Councilmember Epstein moved to close the public hearing. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember Epstein moved to introduce for first reading an ordinance enti tIed: II AN 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 reading by title only and waiving further reading thereof, thereby reflecting changes in the city's organizational 6 August 26, 1986 I 132 structure I operating procedures I and changes in industry practices due to the evolving regulatory environment. Second by Councilmerober A. Katz. The motion was approved by the following vote: council vote: Unanimously approved 4-0 Absent: Councilmembers Conn, Jennings, Zane 8-0: GAMBLING: Presented was a staff report transmitting an ordinance for introduction and first reading adding Municipal Code provisions prohibiting certain types of gambling. Discussion was held. The public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember Epstein moved to table the ordinance (in order to permit absent Councilmembers to participate in the vote) . Second by Councilmember A. Katz. The motion was unanimously approved. (This item was later taken off the table. See Item 8-0 after 14-E). 8-B: RAILROAD RIGHTS-OF-WAY: Presented was a staff report transmitting an emergency ordinance for introduction and adoption prohibi ting the use of railroad rights-of-way for other than transportation purposes for a period of not more than one year (revised to be considered as a regular ordinance in the absence of five votes required to adopt an emergency ordinance). Discussion was held. The public hearing was declared opened. David Cameron spoke in support of the ordinance. There being no one else wishing to be heard, the public hearing was declared closed. Councilmember A. Katz moved to introduce for first reading an ordinance entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER l321(CCS) TO PROHIBIT THE USE OF RAILROAD RIGHTS OF WAY FOR OTHER THAN TRANSPORTATION PURPOSES/" (for one year) reading by title only and waiving further reading thereof. Second by Councilmember H. Katz. The motion was approved by the fallowing vote: Council vote: Unanimously approved 4-0 Absent: Councilmembers Conn, Jennings, Zane 9-A: MEMORANDUM OF UNDERSTANDING/FIREFIGHTERS LOCAL 1109 IAFF: Considered after Closed Session. 10-A: ARTS COMMISSION REPORT: Presented was a report of Lindsay Shields, Chairperson I Arts Commission, regarding attendance at the National Assembly for Local Arts Organizations in WaShington, D.C. Ms. Shields presented information regarding various arts proj ects presented at the Assembly I described Art Commission plans for 1986-87, and reported that the city was given an Arts Endowment Fund in the amount of $35,000. Discussion was held. 7 August 26, 1986 133 II-A: CLOSED SESSION: Presented later in the evening. 13-A: CHILD CARE CENTER NEAR THE AIRPORT: Presented was the request of Esther Newlin-Haus (not present) to address council regarding proposed regulations concerning the child care center at the new development near the Municipal Airport. Mary Hartzell, representing the Child Care Task Force, presented their I recommendations for the development of the child care center near the Airport. Discussion was held. councilmember Epstein moved that, in addition to the staff working with the Child Care Task Force, this matter (recommendations and the question of development standards) be presented in a timely fashion to the Commission on the status of Women for their input into the process. Second by Councilmember H. Katz. The motion was unanimously approved. 13-B: IN-LIEU HOUSING FEES/CONDOMINIUM PROJECT: Presented was the request of Neil Williamson to address Council regarding in-lieu fees versus inclusionary housing units related to condominium projects. Mr. Williamson requested a six-month extension in regard to the deed restriction requirement on his proposed condominium project pending finalization of an in-lieu fee ordinance. Discussion was held. Councilmember Epstein moved to direct the City Attorney and Manager staffs to bring back, as an interim measure, an in-lieu fee ordinance as consistent as legally possible with the results of the economic study already conducted, and that this be returned by the end of September. Second by Councilmember H. Katz. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 4-0 Absent: Councilmembers Conn, Jennings, Zane l4-A: CONVENTION AND VISITORS BUREAU: Presented was the matter of acceptance of a letter of resignation from Sandy Lewis of the Convention and Visitors Bureau and authorization of the city Clerk to pUblish a notice of vacancy. Mayor Reed moved to accept Mr. Lewis' letter of resignation with regret and authorize the City Clerk to go forward with the procedure for filling the vacancy. Second by Councilmember Epstein. The motion was unanimously approved. 14-B: PROJECT HEAVY WEST: Presented was the request of Mayor Reed to discuss appointing Susan Miller as City representative to Project Heavy West. Mayor Reed introduced discussion to designate Susan Miller to serve as the City'S representative on the Project Heavy West Board of Directors. Councilmember Epstein moved that Council ratify the Mayor's nomination. The motion was duly seconded and unanimously approved. l4-C: TRAFFIC/7TH STREET: Presented was the request of Councilmember H. Katz to discuss traffic conditions on 7th 8 AUgust 26, 1986 I 134 street north of Montana, focusing specifically on the truck route designation, speed limit and traffic enforcement. Councilmember H. Katz introduced discussion regarding residents' concerns about the speed limit on 7th street from Montana north being raised and its designation as a truck route. Discussion was held. There being no objection, staff was directed to study and report in 45 days regarding traffic and alternate truck routes, as well as a methodology of surveying residents regarding traffic conditions. 14-0: THIRD STREET MALL PARKING: Presented was the request of Councilmember H. Katz to discuss anticipated parking needs resul ting from planned improvements to the Third Street Mall. Councilmember H. Katz introduced discussion regarding the potential shortage of parking that would result from the planned improvements and moved to direct the city Attorney to include in the ordinance being drafted for the Third Street Mall that any parcel of land 50 feet in width or greater facing a public street be required to provide its own parking. The motion failed for lack of a second. Councilmember Epstein moved to refer the discussion to staff and the Third street Mall Corporation for comment within 30 days. Second by Councilmember H. Katz. Discussion was held. Councilmember Epstein, with no objection from the second, amended the motion to send the suggestion to staff for them to meet with the Third street Mall Corporation and to notify the affected property owners, the Chamber of Commerce, and concerned individuals, and report back in 60 days. The motion was unanimously approved. 14-E: PIER RESTORATION CORPORATION: Presented was the matter of acceptance of a letter of resignation from Christopher M. Harding of the pier Restoration Corporation. Mayor Reed moved to accept Mr. Harding's resignation with regret, thank him for taking the Council's concerns about attendance records to heart, and authorize the City Clerk to include his resignation along with the notices for other terms that expire in November 1986. The motion was duly seconded and unanimously approved. 8-D: GAMBLING: Councilmember Epstein moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 4226, 4227, 4228, AND 4228A RELATING TO GAMBLING TO THE SANTA MONICA MUNICIPAL CODE," reading by title only and waiving further reading thereof, thereby re-adopting three sections (4226, 4227, 4228) repealed on December 8, 1981, and adding Section 4228A, which prohibits any card game for money or other consideration. Second by Councilmember H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 4-0 Absent: Councilmembers Conn, Jennings, Zane 9 August 26, 1986 135 II-A: CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the City. At 9:37 p.m., Councilmember Epstein moved to adjourn to Closed Session to consider personnel matters and the following case: California Aviation v. City of Santa Monica, Los Angeles Superior Court Case No. C306538, and City of Santa I Monica v. California Aviation, Los Angeles superior Court Case No. C 549178. Second by Councilmember H. Katz. The motion was unanimously aproved. At 10:21 p.m., Council reconvened with all members present as at Roll Call. Councilmember A. Katz moved to adopt Resolution No. 7297 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (Contract No. 4802 (CCS)) WITH THE SANTA MONICA FIREFIGHTERS LOCAL NO. 1109 IAFF," reading by title only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council vote: Unanimously approved 4-0 Absent: Councilmembers conn, Jennings, Zane ADJOURNMENT: At 10 : 22 adjourn the meeting in Personnel Board member. unanimously approved. p.m., Councilmember memory of Sylvia The motion was Epstein moved to Silberman, former duly seconded and ATTEST: l2.. Ann M. Shore city Clerk APPROVED: f L-t.-:el-; ~ ~hristine E. Reed . Mayor 10 August 26, 1986