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M-06091987348 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 9, 1987 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 7:20 p.m. on Tuesday, June 9, 1987, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz Councilmember David B. Finkel Councilmember William H. Jennings (entered at 8:00 p.m.) Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt 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 7:21 p.m., Council adjourned to Closed Session to consider the following cases: Claim of Debra Henderson, ASM 86-118, authority requested to negotiate a settlement up to $11,236.90 on this claim; and Claim of Shun Wai Wang, MBL 86-4-266, authority requested to negotiate a settlement up to $7,445.57 on this claim. At 7:35 p.m., Council reconvened with six members present as at Roll Call, Councilmember Jennings absent, without having taken any action. Mayor Conn led the assemblage in the pledge of allegiance to the United States of America. Reverend John Miller, Trinity Baptist Church, offered the invocation. 4-A: SERVICE RECOGNITION: Cheryl Rhoden was recognized for her past service on the Pier Restoration Corporation. 4-B: EMPLOYEE SERVICE AWARDS: Departmental awards .were made to General Services Department employees Edwin Chong, Gwen Phillips, Pat Crawford, Yas Matsumoto, and Bernardo Cline in recognition of their outstanding service. CITY COUNCIL, REDEVELOPMENT AGENCY, .HOUSING FY 1987-88 BUDGETS; Year 1987-88 Budgets Housing Authority, an 1987. The public hearing and .adoption of Fiscal for City Council, Redevelopment Agency, d Parking Authority will be held on June 16, 1 June 9, 1987 349 REGULAR CITY COUNCIL MEETING 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 Reed moved to approve the Consent Calendar with the exception of Items 6-B and 6-K, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Counoil vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Reed, Zane, Mayor Conn Absent:. Councilmember Jennings 6-A: MINUTES APPROVAL: The City Council minutes of May 26, 1987, were approved. 6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7440(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-87-101)" was adopted, setting a public hearing for July 14, 1987, on the assessment of costs to repair damaged sidewalks, driveways, and curbs at 1348 4th Street, 1305 5th Street, 2302 Oak Street, 1444 Franklin Street, 1454 Franklin Street, and 1555 Centinela Avenue. 6-D: TENANT-PARTICIPATING CONVERSION/717 COPEL~AND COURT: Resolution No. 7441(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 17773," was adopted, approving a four-unit tenant-participating conversion TPC-034 at 717 Copeland Court. 6-E: LEAR SIEGLER LEA5E: Resolution No. 7442(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL O APPROVING AN ASSIGNMENT OF A LEASE INC. TO LEAR SIEGLER ASTRONICS CORP assignment of interest as lessee u~ from Lear Siegler, Inc. to Lear : authorizing the City Manager to Assumption Agreement. ~' THE CITY OF SANTA MONICA AGREEMENT FROM LEAR SIEGLER, " was adopted, approving -the der certain lease agreements iegler Astronics Corp., and execute an As:;ignment and 6-F: ZONING DISTRICT AMENDMENTS: Ordinance No. 1409(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING ZONING DISTRICT AMENDMENTS 26 AND 27 WHICH AMEND THE DISTRICTING MAP TO CHANGE THE ZONING OF VARIOUS PROPERTIES IN THE CITY OF SANTA MONICA" was adopted. 6-G: BRANCH LIBRARY ROOF REPAIR: A recommendation was approved to award Contract No. 4968(CCS) to Reycrest Roofing & Waterproofing Co. Inc. in the amount of $30,000 to repair the Montana and Fairview Branch library roofs, make the necessary accounting adjustments, and authorize the City Engineer to issue any necessary change orders to complete additional work. June 9, 1987 35( 6-H: DIESEL-POWERED FORKLIFT/TRANSPORTATION DEPARTMENT: Bid No. 2106 was awarded to Magna Forklift Inc. in the amount of $17,014.44 to furnish and deliver one diesel-powered forklift for the Transportation Department. 6-I: NURSERY BUILDING: A recommendation was approved to reject the bid received for the .replacement of the Park Division nursery building at the City Yards. 6-J: LEGISLATION/SURPLUS STATE REVENUE: A recommendation to support SB 1268 (Petris) regarding the use of a portion of the surplus State revenue to assist in low-income housing and to authorize the Social Services Commission and the Housing Commission to send letters of support to key :>enators and Assembly persons was approved. END OF CONSENT CALENDAR 6-B: SALE OF PROPERTY AT OLYMPIC/20TH: Presented was a staff report recommending adoption of a resolution waiving public advertising and authorizing the sale of City-owned real property boated at Olympic Boulevard and 20th Street to Santa Monica Building Materials for $190,000. Discussion was held. Member of the public Joy Fullmer spoke regarding possible use of the site for affordable housing. Discussion was held. Counoilmember Reed moved to approve the staff recommendation.. Second by Mayor Pro Tempore H. Katz. Discussion was held. Councilmember Zane moved a substitute motion to refer the matter to staff to report back as to what opportunities for development are precluded regarding care for homeless people or other social service use:> for which a site of this .sort might be appropriate. Second by Counoilmember Finkel. Discussion was held. The maker and second of the substitute motion included in the motion that the matter be. brought back at the June 23, 1987, Council meeting. (Councilmember Jennings entered the Chambers.) The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, Zane, Mayor Conn Negative: Councilmembers H. Katz, Reed Abstain: Councilmember Jennings 6-K: OPEN BEVERAGE CONTAINERS: Presented was a recommendation that Council withdraw its direction to amend Municipal Code Section 4204a to prohibit the possession of open containers of alcoholic beverages in certain public places in the City, based on the City Attorney's conclusion that the City may not lawfully prohibit such possession. Councilmember Reed moved to postpone this matter until the City Attorney has an opportunity to check with the City of Avalon and the County Sheriff's Department with regard to their methods of enforcing this type of law. Second by Councilmember A. Katz. Discussion was held. The motion was approved by voice vote, with Councilmember Finkel opposed. June 9, 1987 351 7-A: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Pre:ented was a staff report and a public hearing on the assessment of costs to repair damaged sidewalks, driveways, and curbs at various locations within the City. The public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Councilmember Finkel moved to approve the staff recommendation, thereby adopting Resolution No. 7443(CCS) entitled: "A 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-87-98)," reading by title only. and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-B: 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 at various locations within the City.. The public hearing `vas declared opened. There being no one wishing to be heard, the public hearing was declared closed. Councilmember Finkel moved to approve the staff recommendation, thereby adopting Resolution No. 7444(CCS) entitled: "A 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-87-99)," reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-C: STREETLIGHT INSTALLATION: Preser a public hearing on the proposed streE Street from Wilshire to Washington, Washington, and Marguerita from 4th Discussion was held. At 8:15 p.m., declared opened. Mary Ogren request Washington and Lipton be removed f Neemeyer and William Bertie .spoke recommendation. There being no one ele public hearing was declared closed Councilmember Reed moved to approve thereby acknowledging protests and 7445(CCS) entitled: "A RESOLUTION OF CITY OF SANTA MONICA FINDING THAT TF ted was a staff report and :tlighting district on 5th >tanford from Wilshire to Street to First Court. the public hearing was 'd that the area between rom the district. Lois n support of the staff e wishing to k>e heard, the Discussion was held. the staff recommendation, adopting Resolution No. THE CITY COUNCIL OF THE E PUBLIC CONVENIENCF. ANTI NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND ORDERING WORK ON 5TH STREET BETWEEN WILSHIRE AND WASHINGTON, STANFORD BETWEEN WILSHIRE AND WASHINGTON, AND MARGUERITA FROM 4TH STREET TO FIRST COURT AS SET FORTH IN RESOLUTION OF INTENTION NO. 7429 (CITY COUNCIL SERIES)," reading by title only and waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, H. Katz,-Reed, Zane, Mayor Conn 4 June 9, 1987 352 Negative: Councilmember A. Katz 7-D: GUTTER/STREET ASSESSMENTS: Presented was a staff report and a public hearing on the confirmation of gutter construction and street resurfacing assessments on Wilshire Boulevard between 21st Street and Centinela. The public hearing was declared opened at 8:26 p.m. George Methe spoke against the assessment. There being no one else wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember Reed moved to approve the staff recommendation, thereby acknowledging protests and adopting Resolution No. 7446(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING GUTTER CONSTRUCTION AND STREET RESURFACING ON WILSHIRE BOULEVARD BETWEEN 21ST STREET AND CENTINELA AVENUE," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote r Unanimously approved 7-0 8-A: TRANSIENT OCCUPANCY TAX: The introduction and first reading of an ordinance amending Municipal Code Section 6601A to increase the transient occupancy tax rate will be held on June 16, 1987. 8-B: UTILITY USE TAX: The introduction and first reading of an ordinance amending Municipal Code Sections 6621, 6622, 6623, and 6623A to increase the utility user tax will be-held on June 16, 1987. 8-C: BUSINESS TAX AUDIT PROGRAM: The introduction and first reading of an ordinance adding Section 6129 to the Municipal Code establishing a Business Tax Audit Program for businesses operating in the City will be held on June 16, 1987. 9-A: COUNCIL RULES OF ORDER/INSPIRATION: Presented was a staff report recommending adoption of a resolution revising the City Council Rules of Order to change Rule 6, Subsection (b)(2) from "invocation" to "inspiration." Members of the public Joy Fullmer, Peter Brosius, and Tom Stringer spoke in support of the staff recommendation. John Miller, representing the Westside Ecumenical Conference, expressed support of the staff recommendation, providing that religious expressions be included. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 7447(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS," reading by title only and waiving further reading thereof. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Zane, Mayor Corin Negative: Councilmembers Jennings, Reed 5 June 9, 1987 353 Mayor Conn moved to direct staff to draw up a list of organizations that could be contacted to provide someone on a revolving basis and ask Councilmembers to contribute to that list, with the presentation to be limited to three minutes. Second by Mayor Pro Tempore H. Katz. The motion was approved by unanimous vote. 11-A: PUBLIC COFFEE/COUNCIL MEETINGS: Presented were recommendations regarding serving coffee to members of the public during City Counoil meetings. Discussion was held. Councilmember Finkel moved to adopt the staff recommendation to provide hot water, instant coffee, and tea for the public. Second by Councilmember A. Katz. Councilmember A. Katz moved an amendment to provide for a donation basket to defray the costs. This was accepted as a friendly amendment by the maker of the motion. Discussion was held. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, Zane Negative: Councilmembers Jennings, H. Katz, Reed, Mayor Conn 11-B: CLOSED SESSION: Not held. Councilmember Reed moved to waive the rules to hear Items 13-A, 13-C, 13-B, and 13-D in that order. Second by Councilmember A. Katz. The motion was unanimously approved. 13-A and 13-C: TORCA TRACT MAP EXPIRATION: Presented were the requests of Bruce Bornemann and Lisa Monk to address Council regarding the expiration of the tract map for the Tenant Participating subdivision at 601 Strand, TCP-004/TTM 43836. Councilmember A. Katz moved to allow Paul DeSantis to speak on Mr. Bornemann's behalf. Second by Councilmember Zane. The motion was unanimously approved. Mr. DeSantis and Lisa Monk requested that the expiration date of the Tentative 7.'ract Map for this subdivision be extended. Discussion was held. Mayor Conn moved to extend the time period for the filing of Final Map 43836 in an amount of time equal to the' delay caused by the late publishing of the Statement of Official Action, to June 17, 1987. Second by Councilmember A. Katz. Discussion was held. Councilmember Finkel moved a substitute motion that as a condition precedent to the granting of the applicant's request, that applicant be required to first file a written waiver and release of claims, to be drafted by the City Attorney, such that should at some later time a challenge be made to the title to the property of any of the interested parties, that they will have no recourse against the City in connection with such claims; and in the event that claims should be made against the City, that they will -hold the City harmless against any and all. such claims. Second by Councilmember Jennings. Discussion .was held. The maker and second of the main motion accepted G:ouncilmember Finkel's motion as a friendly amendment to the main motion. The motion was approved by the following vote: June 9, 1987 354 Council vote: Unanimously approved 7-0 13-B: PREFERENTIAL PARKING: Presented was the request of Elsa Petrucelli to address Council regarding preferential parking for 2nd and 3rd Streets south of Ocean Park Boulevard.. Mayor Conn withdrew from the discussion because of a conflict of interest. Ms. Petrucelli spoke to request that a public hearing be held regarding daytime preferential parking hours for 2nd and 3rd Streets, Beach Street, and Ashland Avenue. Councilmember Zane moved to set a public hearing in the near future on this zone. Second by Councilmember Finkel. Discussion was held. Councilmember Finkel moved a substitute motion to put the matter over to the next regular meeting and have staff provide Council with a record of its last discussion on this item. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Reed, Zane Abstain: Mayor Conn 13-D: CONTRACT/TENTH STREET MEDICAL BUILDING: Presented was the request of Jonathan Karp to address Council regarding termination of .the contract between Tenth Street Medical Building Ltd., and the City of Santa Monica. Mr. Karp spoke to request that the contract be terminated in order to secure a new loan. Mayor Conn moved that the City of Santa Monica agree to terminate the agreement between Tenth Street. Medical Ltd., a California limited partnership, and the City of Santa Monica, Contract No. 3695(CCS), relating to the building located at 1450 10th Street, on the condition that the loan documents required by the new lender for the building, Provident Mutual Life Insurance Company, contain restrictions on the sale of the building and the sale of partnership interests in the partnership which owns the building, which are similar in effect to those contained in the. contract;. and further, direct the City Attorney to review the loan documents to ensure that they contain the appropriate restrictions, and to execute the documents relating to the termination of contract without the requirement of further action by the City Council if the loan documents contain such similar restrictions. Second by Mayor Pro Tempore H. Katz. .Discussion was held. Councilmember Finkel moved a substitute motion to instruct the City Attorney to meet and confer on a post-haste basis with the applying party with a view toward attempting to negotiate some contractual agreement which will meet the requirements and needs of the applying party anti adequately protect the City, and come back at the meeting of June 16 with a recommendation to Council for action at that time. The substitute motion died for lack of a second. The motion on the floor was approved by the following vote: Council vote: Unanimously approved 7-0 14-A: COUNTY HAZARDOUS WASTE MANAGEMENT PLAN: Thc: request of Councilmember Reed to discuss the County hazardous waste June 9, 1987 X55 management plan, continued from June 2, 1987, was withdrawn as it was no longer timely. 14-B: GALANTER ATTACK: Presented was the request of Councilmember Finkel to discuss taking appropriate action pronouncing an abhorrence of the ugliness of the attack on Ruth Galanter. Councilmember Finkel introduced discussion and moved that Council send a letter to Commissioner-elect Galanter expressing its congratulations on her election, wishing her success in office, offering to help and cooperate with the City of Los Angeles and her in any matters of mutual interest and concerns of both of those cities, expressing an abhorrence of the attack upon her person during the campaign, and wishing her a speedy recovery. Second by Councilmember Reed, conditional upon the sending of a similar letter, without the final paragraph, to Nate Holden. Councilmember A. Katz moved to amend the motion to direct the letters to "Councilmember-elect" rather than "Commissioner-elect." The maker and second of the motion accepted these amendments as friendly. The motion was unanimously approved. 14-C: POWERLINE UNDERGROUNDING: Presented was the request of Mayor Pro Tempore H. Katz to discuss powerline undergrounding on 11th, Michigan, and 14th Streets. Mayor Pro Tempore H. Katz introduced discussion and moved to direct staff to prepare a report for Council regarding options for. funding the project, federal as well as utility funding. Second by Councilmember Zane. Discussion was held. Councilmember Finkel clarified that the staff report will also include the present priority list. The motion was unanimously approved, 14-D: VIRGINIA PARK EXPANSION: Presented was the request of Mayor Pro Tempore H. Katz to discuss the purchase of the property adjacent to Virginia Park for expansion to the park. Mayor Pro Tempore H. Katz introduced discussion and moved to direct staff to look into the methods of purchasing the property adjacent to Virginia Park for expansion of the park. Second by Councilmember A. Katz. Discussion was held. The motion was unanimously approved, 14-E: LANDMARKS COMMISSION/PIER REVIEW: Presented was the request of Mayor Pro Tempore H. Katz to discuss redefining the scope of the Landmarks Commission review of buildings on the Pier. Mayor Pro Tempore H. Katz introduced discussion and moved to direct staff to bring before Council a redefinition of the scope of the Landmarks Commission so that it does not: have review of all-buildings on the Pier, only the Carousel building and Sinbad's. Second by Councilmember Jennings. Discussion was held. With no objection from the second, Mayor Pro Tempore H. Katz modified his motion to include Councilmember Reed's suggestion that a joint meeting be held with the Landmarks Commission and the Pier Restoration Corporation to disouss the problem and find a way to speed up the process. Councilmember Zane moved a substitute motion to direct staff to prepare a set of options and analysis of those options to serve as a basis for a joint meeting. with the Landmarks Commission and the Pier 8 June 9, 1987 J J Restoration Corporation or representatives thereof. The motion was duly seconded and unanimou"sly approved. 14-F: MERCHANT CAMPAIGN/PANHANDLERS: Presented was the request of Mayor Conn to discuss the development of a merchant campaign to provide an alternative to giving money to panhandlers. Mayor Conn introduced discussion. Councilmember A. Katz moved that Council write a letter to the Chamber of Commerce to request that it begin implementation of a program that would be an alternative to panhandling. Second by Councilmember Reed. The motion was unanimously approved. 14-Gp COUNCIL CHAMBER USE: Presented was the request of Mayor Conn to discuss waiving the fee for use of the Council Chambers on June 5 and July 17, 1987, by the California Energy Commission. Mayor Conn moved to waive the fee for use of the Chambers on June 5 and July 17, 1987. Second by Councilmember Zane.. The motion was unanimously approved. 14-H: PROVIDE INFORMATION TO HOMELESS: Presented wa:> the request of Councilmember Finltel to discuss providing information on social service agencies to the homeless. Councilmember Finkel introduced discussion and moved to direct staff to provide bulletin boards containing information on social service agencies in Palisades Park and other appropriate locations. Second by Councilmember A. Katz. The motion was unanimously approved. 14-I: ALCOHOL SALES/GASOLINE OUTLETS: Presented was the request of Mayor Conn to discuss opposition to AB 937 regarding prevention of local legislation to prohibit alcohol sales at gasoline outlets. Mayor Conn introduced discussion and moved to go on record as opposing this legislation. Second by Councilmember A. Katz.' The motion was approved, Councilmember Reed abstaining. 15. PUBLIC INPUT - Joy Fullmer spoke regarding the termination of the contract with Tenth Street Medical Building, Ltd., expansion of Virginia Park, the proposed merchant campaign regarding panhandlers, and violence such as that .committed against Ruth Galanter. ADJOURNMENT: At 10:30 p.m., the meeting p.in., Tuesday, June 16, 1987, for the purpc 1987°88 budget and related resolutions and ATTEST: Donna R. Betancourt Acting City Clerk 9 June 9, 1987