M-1/22/1985
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 22, 1985
A meeting of the Santa MonIca CI ty Council was called to order
by Mayor Reed at 6:30 P.M. on Tuesday, January 22, 1985, In the
CouncIl Chambers.
Roll Call:
Present: Mayor ChrIstIne E. Reed
Mayor Pro Tempore WIllIam H. JennIngs
Councllmember James P. Conn
Councllmember Ken Edwards
(entered durIng Closed SeSSIon)
Councllmember David G. Epstein
Councllmember Herbert Katz
Councllmember DenniS Zane
City Attorney Robert M. Myers
City Clerk Ann M. Shore
ADJOURNED CITY COUNCIL MEETING
CLOSED SESSION: Presented was a request for Closed Session, for
the purpose of consIderIng a personnel matter, adjourned from
January 15,1985. At 6:31 P.M., Councilmember EpsteIn moved to
adjourn to Closed Sess Ion. Second by Counc llmember Zane. The
motIon was approved by unanimous vote. CounCIl reconvened at
7:15 P.M. with all members present. Mayor Reed announced that no
action was taken. A recess was held.
ADJOURNMENT: At 7:30 P.M.,
adjourn the adjourned regular
Second by Councllmember Katz.
unanimous vote.
Councllmember Epstlen moved to
meetIng of the City CounCIl.
The motIon was approved by
REGULAR CITY COUNCIL MEETING
A meetIng of the Santa MonIca City CounCIl was called to order by
Mayor Reed at 7:31 P.M. Councllmember Zane led the assemblage In
the pledge of allegiance to the UnIted States of AmerIca.
Reverend Cur tl s Rlngness, As sembly 0 f God Church, offer ed the
Invocation.
Roll Call:
Present: Mayor ChrIstine E. Reed
Mayor Pro Tempore WIlliam H. Jennings
Councllmember James P. Conn
Councllmember Ken Edwards
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January 22, 1985
46
Councllmember DaVId G. EpsteIn
Councllmember Herbert Katz
Councllmember DennIS Zane
CIty Manager John Jallll
CIty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
Mayor Reed moved to add I terns 14-G J 14-H and 14-1 to the agenda.
Second by Councilmember EpsteIn. The motIon was approved by
unanimous vote.
SPECIAL JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY
A special Joint meeting of the CIty Council and the Redevelopment
Agency was called to order by ChaIrperson Reed at 7:32 P.M.
Roll Call: Present: ChaIrperson ChrIstIne E. Reed
ChaIrperson Pro Tempore William H. JennIngs
Agency Member James P. Conn
Agency Member Ken Edwards
Agency Member DaVId G. Epstein
Agency Member Herbert Katz
Agency Member DennIS Zane
Executive Secretary John Jalill
Agency Attorney Robert M. Myers
Agency Secretary Ann M. Shore
CC/RA-1: APPROVAL OF MINUTES: Presented for approval were the
minutes of Redevelopment Agency meetIngs held AprIl 24, May 8,
May 22, June 19, June 26, August 14, August 28, September 4,
September 11, and October 9, 1984. Councllmember Epstein moved
to approve the minutes as presented. The motIon was duly
seconded and approved by unanImous vote, With abstentIons
recorded as follows due to absence from the meetIng( s): Agency
Member Edwards abstaIned In regard to approval of the minutes of
May 8 and August 14, 1984; Agency Member Conn abstaIned in regard
to August 28 and September 4, 1984; Agency Member Zane and
ChaIrperson Pro Tempore Jennings abstaIned In regard to September
11, 1984 and ChaIrperson Reed abstaIned in regard to August 14,
1984.
CC-RA-2: DOWNTOWN AND OCEAN PARK PROJECTS/PROMISSORY NOTES:
Presented was a staff report recommending that CIty CounCIl
approve renewal of SIX PromIssory Notes to the Redevelopment
Agency, two for the Downtown Project and four for the Ocean Park
Project; and that Redevelopment Agency approve and authorIze the
ChaIrperson to execute such notes extending the loans for the
1985 calendar year. DiSCUSSIon was held. Councllmember Conn
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January 22, 1985
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moved to agree to renew the six loans to the Redevelopment Agency
as presented. Second by Councllmember EpsteIn. The motIon was
approved by the followIng vote:
Council Vote: Unanimously approved 7-0
Agency Member EpsteIn moved to approve and authorIze the
ChaIrperson to execute the six Promissory Notes between the
Agency and the CIty extending the loans for thIS calendar year.
Second by Counc Ilmember Conn. The motion wa s approved by the
followIng vote:
Agency Vote:
UnanImously approved 7-0
ADJOURNMENT:
adjourn the
Member Katz.
AT 7:42 P.M., Agency Member EpsteIn moved to
Redevelopment Agency meetIng. Second by Agency
The motIon was approved by unanImous vote.
REGULAR CITY COUNCIL MEETING RECONVENED
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. Councllmember EpsteIn moved to approve
the Consent Calendar wIth the exceptIons of 6-A, 6-F and 6-G.
The motion was duly seconded by approved by the following vote:
CouncIl Vote: UnanImously approved 7-0
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6962(CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL
EMERGENCY," was adopted.
6-C: SANTA MON ICA AIRPORT: Or d inance No. 1326 (CCS) en titled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 1 OF ARTICLE X OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO THE SANTA MONICA AIRPORT," was adopted, havIng
been Introduced on January 8, 1985.
6-D: MAIN STREET SPEED LIMIT: OrdInance No. 1327(CCS) entItled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 3347A TO ESTABLISH A THIRTY MILES
PER HOUR SPEED LIMIT ON MAIN STREET FROM THE SOUTH CITY LIMITS TO
OCEAN PARK BOULEVA RD," was adopted, hav Ing been Introduced on
January 8, 1985.
6-E: PHYSICALLY HANDICAPPED PARKING lONE: Resolution No.
6963(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE
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January 22, 1985
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CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 815 10TH STREET," was adopted.
6-H: RAIL RESERVE
authorize the C~ty
Understanding, beIng
Los Angeles County
ProposI tlon A Local
amount of $504,916.
FUND: A recommendatIon was approved to
Hanager to execute a Memorandum of
Contract No. 4359(CCS), between the City and
Transportation CommIssion to establish a
Return RaIl Reserve Fund in the InItial
6-1: DUMP TRUCK: Bid No. 1985 was awarded to Santa Monica Ford
In the amoun t of $33,718. 16 for purchase of a low profi 1 e dump
truck for the Tree MaIntenance DIvIsion.
6-J: PAINT SUPPLIES: Bid No. 1987 was awarded to SInclaIr PaInt
Company In the amount of $29,370.44 for purchase of paInt and
paInt supplies for varlOUS departments.
6-K: EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY: ResolutIon
No. 6g66(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A GRANT OF EASEMENT
FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL TRANSFORMER
EQUIPMENT LOCATED AT 2601 MAIN STREET, SANTA MONICA," was adopted
authorIzing the CIty Manager to execute the document for
constructIon and maintenance of electrical transformer eqUIpment
requIred to accommodate expansIon of the Ocean Park LIbrary.
6-L: TRANSPORTATION FACILITY: A recommendatlon was approved to
amend. Contract No. 4204(CCS) with Lukas Wendel for resIdent
engineering serv~ces to assist with completion of the
construction of the new transportat1on facill ty and deSIgn and
constructIon of asphalt pavement for the bus yards in an amount
not to exceed $25,000.
END OF CONSENT CALENDAR
6-A: MINUTES: Presented for approval were mInutes of CIty
Counc 11 meetings 0 f Dee ember 4, 1984 j December 11, 1984 i January
8, 1985; and January 15, 1985. DI SCUSSlon was held.
Councilmember Epstein moved to approve the minutes of December 4,
1984, January 8, 1985, and January 15,1985, as presented, and
the mInutes of December 11, 1984, corrected on page 7, the second
tI Counc 11 Vo te" regardIng not wa i v Ing the rules to allow publIC
participatIon on Councllmember Items, to indicate that
Counc l.lmember Zane voted in the negatl. v e, (r ather than
Councllmember Katz). Second by Councllmember Katz. The motIon
was approved by unanImous vote.
6-F: SIDEWALKS 1 DRIVEWAYS AND CURBS (SR 85-59): Presented was
a staff report transmitting a resolutlon repeallng Resolut~on No.
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January 22, 1985
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6952(CCS) and settlng a publIC hearing for February 26, 1985, on
the assessment of costs of sIdewalk repaIrs. DISCUSSIon was
held. Councllmember Conn moved to adopt ResolutIon No. 6964(cCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REPEALING RESOLUTION NO. 6952 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-85-59)," readIng by tItle only and
wal v lng fur ther read lng thereof. Second by Counc ilmember
EpsteIn. The motIon was approved by the followIng vote:
CouncIl Vote: UnanImously approved 7-0
6-G: GUTTER/STREET REPAIR: Presented was a staff report
transmIttIng a resolution repealing ResolutIon No. 6953(CCS) and
setting a publIC hearIng for February 26, 1985, to confirm gutter
installation and street resurfacing assessments on Colorado
between 9th and 14th Street, Marine between LIncoln and 150 feet
west of LIncoln, PIer between LIncoln and 160 feet west of
Llncoln, and PI er between Ma In and Ne Ilson Way. Councilmember
Conn moved to adopt Resolution No. 6965(CCS) entItled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REPEALING RESOLUTION NUMBER 6953 AND SETTING A DATE TO HEAR ANY
PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR
GUTTER INSTALLATION AND STREETS RESURFACING ON VARIOUS CITY
STREETS," readIng by tItle only and walvlng further readIng
thereof. Second by Councilmember Katz. The motIon was approved
by the followIng vote:
Council vote: UnanImously approved 7-0
a-A: PARKING AND BUSINESS IMPROVEMENT/MAIN STREET AREA:
Presented was a staff report transmIttIng an ordInance for
In troduct ion and first read lng amendIng Ord inance No. 1303 (CCS)
to Include additIonal buslnesses in the MaIn Street ParkIng and
BUSIness Improvement Area. The publlC hearIng was declared open
at 7:48 P.M. Phyllis Barnard and Steven Breltbart spoke In
support of the proposed ord lnance. There beIng no one else
wlshlng to speak, Councilmember Epstein moved to close the public
hearIng at 7: 51 P. M. Second by Counc ilmember Conn. The motion
was approved by unanlmous vote. Councilmember EpsteIn moved to
Introduce for first reading an ordInance entItled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NUMBER 1303 (CCS) TO INCLUDE ADDITIONAL BUSINESSES IN
THE MAIN STREET PARKING AND BUSINESS IMP ROVEMENT AREA," read lng
by tl tIe only and walvlng further reading thereof. Second by
Councllmember Conn. The motIon was approved by the followIng
vote:
CouncIl Vote: UnanImously approved 7-0
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8-8: LICENSING AND IMPOUNDMENT OF DOGS: Presented was a staff
report transmitting an ordInance for Introduction and fIrst
readIng regardIng lIcensing and Impoundment of dogs In
conformance wIth State law. The publIC hearing was declared open
at 7:52 P.M. Harold McCaffery spoke In support of the ordInance
and enforcement of cleanIng of dog litter. There being no one
else wishing to speak, the publiC hearing was declared closed at
7: 56 by Mayor Reed. CouncIlmemher Conn moved to introduce for
fIrst reading an ordInance entI tIed: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 4114 AND
4117 OF THE SANTA MONICA MUNICIPAL CODE REGARDING LICENSING AND
IMPOUNDMENT OF DOGS IN CONFORMANCE WITH STATE LAW," reading by
tItle only and waiVIng further readIng thereof. Second by
Councllmember EpsteIn. The motIon was approved by the followIng
vote:
CouncIl Vote: Unanimously approved 7-0
9-A: MEMORANDUM OF UNDERSTANDING/SANTA MONICA FIREFIGHTERS
ASSOCIATION: ConSIdered after Closed SeSSIon.
9-8: MEMORANDUM OF UNDERSTANDING/MUNICIPAL EMPLOYEES
ASSOCIATION: ConSIdered after Closed SeSSIon.
1 O-A: SOCIAL SECURITY AND MEDICARE FUNDS: Presented was the
recommendation of the Commission on Older AmerIcans urging
CouncIl opposItion to proposed SOCIal SecurIty and MedIcare
reductions. Daniel Cohen, on behalf of the CommIssion on Older
AmerIcans, spoke requestIng that CouncIl communIcate WI th
legIslators urgIng that they oppose freezes In the SOCIal
SecurIty and Medicare benefit plans. DiscussIon was held.
Councllmember Edwards moved to authorIze the Mayor to transmI t
the concerns of the CommIssIon on Older Americans to Santa
MonIca's Congressman and two Senators. Second by CouncIlmember
Katz. CouncIlmember EpsteIn moved a substitute motIon to
authorIze the CommIssion on Older Americans to communIcate Its
v Iews on thI s sub J ec t to the approprIate author i ty. Second by
Mayor Reed. DIScussIon was held. The SUbStl tute motIon failed
by the followIng vote:
Council Vote:
AffIrmatIve:
CouncIlmembers
and Mayor Reed
Epstein,
Jennings
Negative:
CouncIlmembers
and Zane
Conn, Edwards, Ka tz
After dIScussion, the main motion was approved by the followIng
vote:
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January 22, 1985
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Council Vote: AffIrmative:
CouncIlmembers Conn,
Jennings, Katz and Zane
Edwards,
NegatIve:
CouncIlmember Epstein
Reed
Mayor
and
11-A: PARKING STRUCTURE NO.2: Presented was a staff report
recommending approval of lease terms and procedures for the
commerCIal space In ParkIng Structure No.2, and dIrecting the
CI ty At torney to prepare the necessary 1 ease documen t.
DIScussIon was held. CouncIlmember Epstein moved to approve the
staff report, thereby approvIng the lease terms and procedures
for the commerCIal space In ParkIng Structure No.2 and directIng
the CIty Attorney to prepare the necessary lease document.
Second by Mayor Reed. After dIScussIon, the motIon was approved
by the followIng vote:
CouncIl Vote: AffIrmatIve:
Councllmembers Conn, Epstein,
JennIngs, Katz and Mayor Reed
NegatIve:
CouncIlmember Zane
AbstaIn:
CouncIlmember Edwards
11-B: COUNSELING SERVICE/LOWER INCOME TENANTS AND LANDLORDS:
Presented was a staff report recommendIng approval of an
allocatIon 0 f $45,000 for counselIng serv Ices for lower Income
tenants and landlords in Santa MonIca. DISCUSSIon was held.
Barbara Blanco, on behalf of LAFLA, spoke In support of providIng
theIr expertIse and serVIces. DIScussIon was held.
Councllmember Zane moved to approve the staff recommendat1.on,
thereby allocating $44,000 to LAFLA (Legal Aid Foundation of Los
Angeles) for serv1.ces; approving the workplans and budget for the
Counsel1.ng ASsIstance Project; authorIzIng the CI ty Manager to
execute Contract No. 4362 (CCS) I the stand ard Gr an tee Agreement,
wIth LAFLA; approvIng the Lower-Income Landlord Legal
RepresentatIon Voucher ProJect; and allocatIon of $1,000 to that
Project account. Second by CouncIlmember EpsteIn. DurIng
dIScussIon, Mayor Pro Tempore JennIngs moved an amendment to
modify ObJective 1 of the Program DescriptIon ("ProvIde dIrect
courtroom and Santa MonIca Rent Control Board representatIon for
elIgIble clIents.") In such a way as to prOVIde that there will
be representation of low Income landlords and tenants concernIng
both eVIctIon proceedIngs and proceedIngs before the Rent Control
Board; to modIfy ObJectlve 2 ("ProvIde elIglble clients whose
cases are not retained for representatIon WIth a pro per packet
of Information and forms.") to make I t clear that - the word
"clients" Includes both landlords and tenants; and, to modlfy the
voucher system, keepIng the same $1,000, so that the money will
be provlded In such amounts as necessary whenever there IS a
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January 22, 1985
52
d1rect confl1ct. Second by Councllmember Katz. DurIng
d1Scussion, Mayor Pro Tempore Jenn1ngs wIthdrew the amendment.
Mayor Pro Tempore Jennings moved an amendment to the descript10n
under ObjectIve 1 to delete the sentence In the m1ddle of the
f1rst paragraph that says, "In additIon, the project w1ll
represent clients wIth mer1tor1ous cases before the Santa MonIca
Rent Control Board."; further J to delete the words "and Santa
MonIca Rent Control Board" In the next paragraph 1n the sentence
that reads "IndIviduals' papers will be prepared on forms
acceptable to the Santa MonIca MunIcipal Court and the Santa
MonIca Rent Control BoardJ SImIlar to the forms currently
prepared by the EV1ctIon Defense Center for courts throughout Los
Angeles County.". After dISCUSSIon, the amendment failed by the
following vote:
CouncIl Vote: AffIrmat1ve:
Councllmembers JennIngs and Katz
NegatIve:
Councllmembers Conn, Edwards,
EpsteIn, Zane and Mayor Reed
After dIScussion, the maIn motIon was approved by the followIng
vote:
CouncIl Vote: AffIrmatIve:
Councllmembers Conn, Edwards,
Epstein, Zane and Mayor Reed
NegatIve:
Councllmembers JennIngs and Katz
Mayor Pro Tempore Jennings and Councllmember Katz requested the
record to reflect theIr negatIve votes in that they do not
belIeve the recommended program is balanced enough in its
approach.
11-C: HOMELESS PEOPLE: Continued to January 29, 1985.
11-0: FEBRUARY 12, 1985 COUNCIL MEETING: Presented was a
request for dISCUSSIon of a CouncIl meeting date to replace the
regular meetIng date of February 12, 1985, WhICh IS a HolIday.
Councllmember Edwards moved to contInue the regular CouncIl
meetIng scheduled for February 12J 1985 (a HolIday) to Tuesday,
February 19, 1985. Second by Counc Ilmember Conn. Counc Ilmember
EpsteIn moved a subStl tute motIon to contInue the Fe bruar y 12,
1985, regular meeting and hold a specIal meeting on February 12,
1985, to conSIder items that may exist. The motIon failed for
lack of a second. After dIScussion, the maIn motIon was approved
by a vote of SIX In favor, Councllmember EpsteIn opposed.
A recess was held at 9:15 P.M. CouncIl reconvened at 9:25 P.M.
WIth all members present.
8 January 22, 1985
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11-E: CLOSED SESSION: Held later In the meetIng.
12-A: OUTPATIENT SURGICAL FACILITY/1508 ARIZONA AVENUE:
Presented was a staff report transmi tting an appeal from the
dec IS10n 0 f the PI ann Ing Comml ssion to deny an applIcatIon to
perm 1 t removal of three vacant residentIal bUIldIngs and
constructIon of an outpatIent surgical facility at 1508 ArIzona;
Applicant/Appellant Jerrold MartIn Sherman, M.D. DIScussIon was
held. Counc ilmember Epstein moved to gran t the appllc an t ten
mInutes to present the appeal and to hear from members of the
publiC for three minutes each. Second by Councilmember Conn. The
motion was approved by unanImous vote. Christopher Harding,
attorney for the applicant/appellant, and William Brantley,
architect for the applicant/appellant, descrIbed the changes that
have occurred In the design and scope of the proJect Since It was
submitted to and denied by the Planning CommIssion, and spoke In
support of approval. Discussion was held. Member of the publiC
Bruce Stern spoke In OpposItIon to the proJect. Mark Wallen,
Wayne Winter, Milton Kasiloff, Violet Lee, and Dorothy Shoemaker
spoke In support of the proJect. BIll Welngarden spoke to
suggest that the project be reconsidered by the PlannIng
CommissIon. After dISCUSSIon, Councilmember Epstein moved to
allow a three mInute rebuttal perIod to hear from the
appl ican t/ appell ant. Second by Councllmember Katz. The motion
was approved by unanimous vote. Christopher HardIng, attorney
for the appl icant/appellan t, spoke regard lng findings and
condItIons submItted by member of the publiC BIll WeIngarden, on
behal f of Mld-CI ty Ne ighbors As soc Ia tIon ; letter dated January
19, 1985, addressed to the CIty CounCIl.
During discusson, Councilmember Katz moved to approve the
variance and Development Review No. 275, IncludIng the conditions
submitted by MId-CIty NeIghbors with the exception of the
Indemnification to cable users due to serVice ~nterruption.
Second by Councilmember Epste~n. Dur~ng d~ScussIon and with the
consent of the second, Councilmember Katz Included In the motion
the standard conditions outlined in the staff report dated
January 22, 1985. During dIScussIon and with the consent of the
second, Councllmember Katz reVised the motlon to Include the
suggestlon of the CIty Attorney to approve the proJect and
varIance subJect to flndings and conditIons to be returned to the
CI ty Councll at their next regularly scheduled meetIng.
DiSCUSSIon was held. At 10:53 P.M., CouncIlmember Conn moved to
extend the meet i ng past 11: 00 P. M. Second by Mayor Pro Tempore
J enn Ings. The motlon wa s approved by a vote of 51 x ~n favor,
Councllmember Epstein opposed. During discussIon, Councilmember
Conn moved a Substitute motIon to deny the appeal Without
preJudIce and remand the project to the PlannIng COmmISS1.0n for
consideratlon. Second by Mayor Pro Tempore Jennings. Durlng
dIScusslon and With the consent of the second, Councllmember Conn
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January 22, 1985
54
Included In the substitute motion a note that the project does
not need to wa 1 t on the HOSpI tal Spec 1 flC Plan process. I
DISCUSSion was held. Councilmember Epsteln moved an amendment to
the substi tute motIon to Indicate that the Councll approves of
the project conceptually. Second by CouncIlmember Katz. During
dIScussion, Councilmember Katz withdrew hIS second; therefore the
amendment failed for lack of a second. After dIScussIon, the
substitute motIon was approved by the followIng vote:
CouncIl Vote: AffIrmatIve:
Councllmembers Conn, Edwards,
JennIngs, Katz, Zane and Mayor Reed
Negative:
Councilmember EpsteIn
12-B: CONDITIONAL USE PERMIT/3100 MAIN STREET: Presented was a
staff report transmIttng an appeal from the decIsIon of the
Plannlng Commi ss Ion to approve Cond 1 tIonal Use Permi t 371 for a
130 sea t restaur ant at 3100 Ma In Street (Zone CM4), Appellan t
Councilmember James P. Conn. DISCUSSIon was held. Councilmember
Conn, appellant; Al Ehringer, developer of the property at 3100
Main Street; and Gary Oien, project manager, spoke In oppositIon
to the condItIons placed on the project other than those already
covered by the Main Street Plan, IncludIng CondItIon No.1, a
requlrement that a minlmum of 3,000 square feet of ground floor
lease space be deslgnated for neighborhood servIng uses. Member
of the public Laurel Roennau spoke regardIng concerns about the
negatIve Impacts of a project of thIS SIze. Dora Ashford spoke
in support of approval WI thout the proposed requIrement.
DlScussion was held. CouncIlmember Conn moved to grant the
appeal, modlfYlng the decIsIon of the PlannIng CommIssIon In
regard to CondItIon No.1, SubstItuting language agreed upon by
both the developer and the Ma In Street Committee 0 f the Ocean
Park Community OrganIzation as contained In the staff report
dated January 22, 1985, entItled "Addendum to Staff Report on
MaIn Street Restaurant CondItIonal Use Permit Appeal (Item
12-B)," (WhICh condItIon reads as follows: "In order to correct
the imbal ance noted In fInd lng 3, a portion 0 f ground floor
retaIl lease space shall be designated for leasing to non-food
related neIghborhood servIng uses as set forth In SMMC SectIon
9119B2 ("Ma In Street PI an") in the followl ng ord er of pr l.OrI ty: I
(a) NeIghborhood convenience stores and serVIces currently not
located on MaIn Street, specifl.cally a pharmacy, hardware store,
key shop, print shop, shoe repair, bIcycle repaIr shop, and
newstand. (b) Neighborhood convenIence stores and serVIces
WhIch are now located on MaIn Street, but of WhICh there is not
an oversupply, speclflcally a second-hand store, book shop, photo
processing shop, florIst or plant nursery, laundromat, dry
cleaners, repaIr shop for household equIpment, gymnaSIum or dance
stud io t pet store, theater or aud 1 tor 1. urn Wl th fewer than 75
seats, taIlor or dressmaker, statIonary store, fIsh and/or meat
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January 22, 1985
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market only, upholsterer's shop, medical or dental clInIcs.
FallIng that, (c) General retaIl uses not listed above. When
75% of the ground floor retail space IS leased, before any
business lIcense IS granted for any use not specifIed In (a) or
(b) above, applicant shall report to the PlannIng Commission at a
publiC hear lng to d escr lbe ItS leaSing process and why 1 twas
unable to provide any of the uses l1sted In (a) or (b) above.
If, however, any of the uses Ii sted In (a) and (b) above are
prOVided In the 75% already leased, no report to the PlannIng
CommISSIon WIll be requIred. When the project IS fully leased,
1 f none of the uses listed In (a) or (b) above are prov ided In
thIS project, the Planning CommIssion wIll make fIndings, after a
public hearIng, as to whether or not Applicant has made all good
faIth efforts to comply wIth the reqUIrements of this conditional
Use Permit. If the Planning CommIssion fInds that Applicant has
not met the reqUIrements of thIS CUP, the matter will be referred
to the CIty Attorney for a decIsIon on whether or not to revoke
thIS permit.") further, to authorize the staff to prepare
fIndIngs and condItIon for adoptIon at a subsequent CounCIl
meeting. Second by Councilmember Ka tz. After dIScussIon, the
motion was approved by the following vote:
CounCIl Vote: UnanImously approved 7-0
1 4-A: FAIR ELECTION PRACTI CES COMMISSION: Presented wa s the
matter of appOIntment of a member to the FaIr ElectIon PractIces
CommIssIon, vacancy to be filled by random draWIng pursuant to
MunIcipal Code SectIon 11203. Member of the publIC John Jurenka
drew the name of AnIta Paleologos from the box includIng all
nomInatIons receIved. Therefore, Anita Paleologos was appOInted
to the FaIr ElectIon Practices CommIssion for a term expIrIng
June 30, 1985.
14-8: LANDMARKS COMMISSION: Presented was a resignation from
Landmarks CommissIon Member Barton Phelps. Councilmember Epstlen
moved to accept the resignatIon and authorIze the CIty Clerk to
publIsh a notice InvitIng applIcations to fIll the vacancy.
Second by Councllmember Katz. The mot1on was approved by
unanImous vote.
14-C: ARCHITECTURAL REVIEW BOARD: Presented was the request of
Councllmember Katz to dISCUSS the process by which the
ArchItectural RevIew Board bases Its comments and decisions.
Councllmember Katz Introduced dIScussIon. Councllmember Katz
moved to urge the ArchItectural RevIew Board to move in a
expeditIouS manner to submIt deciSIon guidelInes to CounCIl.
Second by Councllmember EpsteIn. Councllmember Katz included In
the motIon the suggestion of Councllmember EpsteIn to dIrect
staff to communicate the Council. S action to the Architectural
RevIew Board. The motIon was approved by unanImous vote.
1 1
January 22, 1985
56
14-D : REGULATION OF BUILDING DEMOLITIONS: Pr esen ted was the
request of CouncIlmember EpsteIn to dISCUSS a request for staff
to report on buildIng demolItIons regulatIons. Councllmember I
EpsteIn Introduced dIScuSSIon. Councllmember EpsteIn moved to
dIrect staff to report on the Issue of bUIldIng demolitions
addressing public safety J protection of aesthetIC values, and
reVIew to Insure that landmarks are not destroyed. Second by
Councllmember Katz. After dIScuSSIon, the motIon was approved by
unanimous vote.
14-E: OIL DRILLNG/PACIFIC PALISADES: Presented was the request
of CouncIlmember Katz to discuss Los Angeles CIty CouncIl's and
Mayor Bradley's approval of alloWIng oil drilling In PacIfic
PalIsades. CouncIlmember Katz Introduced discuSSIon.
CouncIlmember Zane moved to communicate Councll's dismay with the
Mayor of Los Angeles and Los Angeles CIty Council In regard to
theIr deciSIon to allow 011 drilling in PacIfic PalIsades, direct
staff to InvestIgate options for supportIng the presumed laWSUIts
involved and how CouncIl mIght playa supportIve role there, and
report on the cost and tImeliness of getting a hydro-geologist to
aSSIst the CIty in gettIng InformatIon about the aquifer Issues.
Councilmember Zane Included In the motIon Mayor Reed's suggestIon
to dIrect staff to report on a tIme frame and the amount of work
needed toward developIng a good oppOSItion program to put before
the Coastal CommI ss ion. Second by Coune ilmember Ka tz. After
dIScussion, the motIon was approved by unanImous vote.
14-F: HOMELESS PEOPLE: ContInued to June 29, 1985.
14-G: USE OF COUNCIL CHAMBERS: Presented was the request of
Mayor Reed to dISCUSS waIvIng the fee for the use of the Council
Chamber by the New Motor VehIcle Board on February 8, 1985.
Mayor Reed moved to approve the request. Second by CouncIlmember
Conn. The motIon was approved by unanImous vote.
14-H: COUNCIL LIAISONS: Presented was the request of Mayor Reed
to change apPoIntments of CouncIl lIaIson to the Personnel Board
and the Arts CommIsSIon. Mayor Reed appointed Councilmember Conn
as lIaIson to the Personnel Board (formerly Arts Commission) and
Mayor Pro Tempore JennIngs as lIaIson to the Arts CommIssion
(formerly Personnel Board), at theIr requests.
I
14-1: CITY ATTORNEY SALARY: Presented was the request of Mayor
Reed to report regardIng salary negotIations with the CIty
Attorney. DurIng dISCUSSIon, Councilmember Edwards moved to
approve the recommendation of the CouncIl subcommItte
(Councllmember Conn and Mayor Reed) that the CIty Attorney
receIve a ten percent salary Increase retroactIve to July 1,
1984, and that staff be authorized to execute any necessary
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January 22, 1985
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documents. Second by CouncIlmember Epstein. After dIScussIon,
the motion was approved by the following vote:
CouncIl Vote: UnanImously approved 7-0
11-E, 9-A AND 9-B: CLOSED SESSION; EMPLOYEE MEMORANDA OF
UNDERSTANDING (FIREFIGHTE RS ASSOC IA TION AND MUN I C I PAL EMPLOYEES
ASSOCIATION): 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 12:19 A.M., CouncIlmember EpsteIn moved to adJourn
to Closed Session to consIder the following pendIng cases: Magid
vs. Cl ty of Santa Monica, Santa MonIca SuperIor Court Case No.
WEC 75870; Serra vs. Cl ty of Santa MonIca, Los Angeles SuperIor
Court Case No. C 68495; Floyet vs. Cl ty of Santa MonIca, Santa
MonIca Superior Court Case No. WEC 86057; Wayne vs. CIty of Santa
MonIca, Santa MonIca Superior Court Case No. WEC 79544; Ross vs.
Ci ty of Santa MonIca, Santa Monica SuperIor Court Case No. WEC
59823; Jones vs. CI ty of San ta Monica, Santa MonIca SuperIor
Court Case No. WEC 082967; Brown & HaskIn vs. Ci ty of Santa
MonIca, Los Angeles SuperIor Court Case No. C 67913; Morales vs.
CIty of Santa MonIca, Santa MonIca SuperIor Court Case No. WEC
87565; Welch vs. CI ty of Santa Monica, Los Angeles Munic ipal
Court Case No. F 77380; CollIns vs. CIty of Santa Monica, Claim
No. MBL 84-230; Thompson vs. City of Santa Monica, ClaIm No. MBL
84-230; Toomer VS. CI ty of Santa MonIca; Claim No MBL 84-230;
TIffany vs. CIty of Santa Monica, Santa MonIca Superior Court
Case No. WEC 80963; Shell 011 Company vs. CIty of Santa Monica,
UnIted States District Court Case No.CV 82 2362 RJK (Gx); Goldway
vs. CIty of Santa MonIca, Los Angeles SuperIor Court Case No. C
487521; and CalIfornIa AVIatIon vs. CIty of Santa Monica, United
States DIstrict Court Case No. CV 84-6985 (CMB) (Ex). Second by
CouncIlmember Conn. The motIon was approved by unanImous vote.
CouncIl reconvened at 12:44 A.M., wIth all members present.
Counc Ilmember EpsteIn moved to adopt ResolutIon No. 6967 (eeS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONCIA AUTHORIZING THE CITY ~1ANAGER TO EXECUTE AN AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA
F IREFIGHTERS ASSOCIATION (LOCAL 1109 IAFF), " read lng by ti tl e
only and waiving further readIng thereof, awardIng Contract No.
4360(CCS). Second by CouncIlmember Katz. The motion was
approved by the following vote:
CouncIl Vote: UnanImously approved 7-0
Counc Ilmember Epstein moved to adopt ResolutIon No. 6968 (CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION," readIng
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January 22, 1985
58
by title only and waiving further reading thereof, awardlng
Contract No. 4361(CCS). Second by Councllmember Zane. The
motlon was approved by the followlng vote:
Council Vote: Unanimously approved 7-0
ADJOURNMENT: At 12:50 A.M., Councllmember Katz moved to adjourn
the meetlng to Tuesday, January 29, 1985, at 6:00 P.M. for the
purpose of holdlng a Closed Session to conslder pendlng
litlgatlon and to 7:30 P.M., Tuesday, January 29, 1985, to
consider Items 11-C and 14-F regardlng the Homeless lssue.
Second by Councllmember Epstein. The motion was approved by
unanlmous vote.
ATTEST:
APPROVED:
flb k:.1;=~_J.~
~~lstlne E. Reed
Mayor
/' /"
) l_rJ .. ~ .
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~_ _/7,""""""...- " ' " XA~ .~
Ann M. Shore
Clty Clerk
14
January 22, 1985
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