M-5/29/1984
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 29, 1984
An adJourned meetlng of the Santa Monlca City Councll was called
to ord er by Mayor Ken Edward sat 6: 05 P. M. on Tuesday May 29,
1984, ln the Council Chambers, havlng been continued from May 22,
1984, to conslder the followlng matters.
Roll Call: Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
Councilmember James P. Conn
Councilmember David G. Epstein
Councllmember WIlliam H. JennIngs
Councilmember ChristIne E. Reed
(arrived after roll call)
Councilmember Dennls Zane
(arrived after roll call)
CIty Manager John H. Alschuler, Jr.
City Attorney Robert M. Myers
CIty Clerk Ann M. Shore
11-D: Closed Session: At 6:05 P.M., Councilmember Epstein moved
to adjourn to Closed Session for the purpose of discUSSlng
pendIng lltlgation and personnel matters. Second by Mayor Pro
Tempore Press. The motlon was approved by the following vote:
Council Vote:
Unanimously approved 5-0
Absent:
Councllmembers Reed and Zane
At 7:29 P.M., the CIty Council meeting reconvened with all
members present. It was announced that no action had been taken
during Closed Session WhlCh was continued to later 10 the
meeting.
Councllmember Conn moved to add Items 14-J and 14-K to the
agenda. Second by Councilmember Epstein. The motion was
approved by unanlmous vote. Counci~memb~r Epsteln.~ove~ to first
consider Items 13-A and 7-A, members of the public to speak for
two minutes each, and then proceed with the remalnder of the
agenda.
13-A: TREE TRIMMING: Presented was the request of Alan G. Oddle
to address Councll regarding tree trimming by utilIty companies.
Mr. Qddle spoke to request lnvestigatlon lnto the rlghts utllity
companles have to trim clty trees and method for ensuring
compliance wlth Clty pollCY. Discusslon was held. Councilmember
May 29, 1984
2~
Reed moved to instruct staff to investigate Mr. Oddle's concerns
and report to Council after budget seSSlons. Second by Mayor
Edwards. The motion was approved by the following vote:
Council Vote:
Unanlmously approved 7-0
7-A: 1984-85 COMMUNITY DEVELOPMENT PLAN: Presented was a staff
reporf regardIng the FIscal Year 1984-85 Community Development
Plan. DIScussIon was held. The publIC hearlng was declared open
at 7: 48 P. M. and members of the public spoke as follows: In
support of funding for the M1d-C1ty Ne1ghbors Assoc1ation: Julia
Colwell, Nancy Petersen, Sharon Tan1, Diane Perlov, Jack
BaptIsta, Conrad Melilli, Tom Phillips, Donita Hillis, Rhoda
Salazar, Don Nelson, Bart Blumberg, Jacqueline Gist and Bill
Bracken. In support of funding for the WIlshire-Montana Area
Association: Sonya Samuels, Mrs. Anita Waytz, Ruth N. Anzalone,
Marilyn Merken, Tania Keatinge, Cheri Welsmantel, Barbara-Jo
Osborne and JackIe Goldman. Steve Zucker, MarVIn Savlov and Mark
Taylor spoke In support of fundIng for JeWIsh Family Services
Youth Counselling Outreach. Angela Coron and Sue Schuerman spoke
in support of fundlng for the Westsider Women's Clinlc. Carlos
Mendoza, Loretta Francesco, Isabel Martin, Joel Herrera, Letlcla
Gutierrez, Javier Gutierrez, Mary Ann Rolston and Estela Plotquln
spoke In support of fund for the Latino Resource Organization.
Bauie Levy spoke in support of fundIng for the Ocean Park
Community Center. Betty Macia, Alta Reynoso and Dorothy Hudson
spoke In support of the Ocean Park Community Center, Turnlng
POlnt Shel ter, Stepping Stone and SOjourn Shelter for Battered
Women. Dr. Robert Kane, SylVIa K. SIlberman, Evelyn Guzln and
Bernice Bratter, spoke in support of funding for the Senior
Health and Peer Counseling Program. Joanne Leavit, Dr. Reynold
Schmidt, Dr. Charles Keenan, Dr. Bob HOllbrook, Socorro Carlos,
Dr. James Cherry and Laurl Bryant spoke in support of fundIng for
the School Nursing Program. SIster MIldred Irvin, Dr. Phil
Rossman, and Fern Selzer spoke in support of funding for the
VenIce Family Clinlc. Joe Carreras, Jim Mount, Gary Squier and
Augustin SantIago spoke in support of fundlng for the Community
CorporatIon. Etta Alexander and Howard Steinman spoke in support
for the School Nurse Program. Martrn Strles spoke in support of
funding for the School Nurse Program and Jewish Family Services -
Junior HIgh Counsellng Program. Janet Wltkln spoke in support of
funding for Alternative Living for the Aging. Harold Benjamin
spoke in support of funding for the Wellness Community. Ted
Brock spoke in support of fundlng for Ocean Park Community
Organizatlon, Pico Neighborhood Association and MId-CIty
Neighbors Association. Ruth Robinson spoke In support of fundIng
for Ocean Park Community Organization. Jean TremaIne spoke in
support of funding for Los Angeles ChIldbirth Center. Janice
Peet spOke In support of fundIng for FamIly Service. Karen
Howard spoke in support of fundlng for FamIly Servlce and Pico
Neighborhood Assoclation. Ida Bucher spoke in support of fundlng
for Family Service and Connections for Chlldren. Quin Crosble
spoke in support of funding for New Start. Vera Davis and Ida
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May 29, 1984
Doodley spoke 1n support of fund1ng for senior citizens serV1ces
and LIEU-CAP. Beverly Sanborn, David McAll1ster and Margaret
M1ller spoke in support of funding for Westside Ecumenical
Council elderly services and Meals on Wheels. Merced Mart1n,
Danny Marquez and Aneta Slegel spoke in favor of fund1ng for
Westside Legal Serv1ces. Laur1e Rozet spoke In support of
fund1ng for Connections for Chlldren. Mary Muselli spoke 1n
support of fund1ng for LIEU-CAP. Nancy Bradley spoke in support
of fundlng for Westside Community for Independent L1ving. Lark
Galloway Gllliam spoke in support of funding for ADEPT (disabled
organization). Ronit Russota and Bobby Laycook spoke in support
of funding for Love Me Infant Day Care Center.
At 10:41 P.M., there being no one else present wishing to speak,
Councilmember Conn moved to continue the matter and th public
hearing to 8:15 P.M., Tuesday, June 5, 1984. The motion was duly
seconded and unanimously approved.
At 10:44 P.M., Councilmember Epstein moved to continue the
meeting to 12:00 midn1ght. Second by Mayor Edwards. The motion
was appraved by unarnmous vote. A recess was held from 10:45
P.M. ta 10:56 P.M.
5-B: 1983-84, BUDGET ADJUSTMENTS: Councilmember Epsteln
W1 thdrew from the agenda hlS request to discuss adjustments to
the 1983-84 budget 1n view of modif1ed expendlture proJect1ons.
6-Q: CONVENTION AND VISITORS BUREAU BYLAWS: Presented was a
report from the Bureau recommending approval of amendments to
their By-laws. Discussion was held. Counc1lmember Conn moved to
approve modlfication to the By-laws of the Convention and
Visltars Bureau as recommended 1n their report to the City
Counc1l dated May 22, 1984. Second by Councilmember Zane. The
motion was approved by the following vote:
Counc1l Vote:
Afflrmat1ve: Counc1lmembers Conn, Jenn1ngs,
Press, Reed, Zane and Mayor Edwards
Negative:
Councilmember Epstein
6-R: 1984-85 BUDGET HEARING SCHEDULE: Presented was a staff
report recommending approval of the 1984-85 Budget Hearlng
Schedule. Discussion was held. Co~ncilmember Conn moved to
adopt the schedule as amended duringdisci~ss!~n. The mat10n was
duly seconded and approved by the following vote:
CounCl} Vote:
Unan1mously approved 7-0
11-11.; PIER LEASES: Preser.ted was a staff report recommending
approval of a standard method for establishing min1mum rents for
current month-to-month Pier tenant leases; dlrectlon to the City
Manager and Pier Corparation regarding leases of Beryl's Studlo
and Oatman's Rock Shop; and authorizatlon far the Cl ty Manager
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May 29, 1984
22
to negotiate and execute two year leases. Harold Kleinman,
President, Pier Lessees Association, spoke in support of the
recommendatlon. Councilmember Epsteln ..,!!oved to approve the staff
recommendation thereby (1) approving a standard ized method for
calculating minimum monthly rents based on 80% of the previous
three year average of percentage rents paid to the City; (2)
dlrecting the Clty Manager to reduce the amount of lease space in
Beryl'S Studio to 1,000 square feet, provide a 60 day flrst right
of refusal to Oatman I s Rock Shop for 280 square feet of space
made avallable from the reconfiguration of Beryl's Studio, and
directlng the Pier Restoration Corporation to actively proceed
with leasing the remalning portion of space; and (3) authorlzing
the City Manager to offer, and when accepted, to execute two year
leases amended as described herein with existing Santa Monica
Pier tenants currently on month-to-morth leases pursuant to the
above conditions; those decidlng not to accept the extenslon to
remaln on a mcnth-tc-month basis. Second by Councilmember lane.
The motion was approved by the following vote:
Council Vote:
Unanimously approved 7-0
ll-B: WATER MASTER PLAN: Presented was a staff report
~e60mmending that thetlty Manager be authorlzed to negotiate and
execute a contract with Brown and Caldwell Consulting Engineers
to develop a Water Master Plan. DlScusslon was held.
Councllmember Zane moved to approve the staff recommendation,
thereby awardH:g-C-ontract No. 4129(CCS) to Brown and Caldwell
Consultlng Engineers in an amount not to exceed $97,868 to
develOp a Water Master Plan, Policy GUldelines and Capltal
Improvement Financlng Program and authorlzing the City Manager to
negotiate and execute the contract. Second by Councilmember
Epstein. The motIon was approved by the follOWlng vote:
Councll Vote:
Unanimously approved 7-0
14-A: LIBRARY BOARD: Presented was a letter of reslgnatlon from
Library Boara Member Charlotte Georgl. Councilmember Zane moved
to accept WIth regret the resignation of Charlotte Georgi. The
motIon was duly seconded and approved by unanImous vote.
14-B: METROPOLITAN WATER DISTRICT: Presented was the request of
Councllmember Epstein to dlscuss preparation of a resolution
protesting Metropolltan Water Dlstrict extravagance. After
dISCUSS ion, Councilmember Epstein moved to authorize staff to
draft a letter for Council Slgnatures addressed to Directors of
the District and to each" of the cities in Los Angeles County
which are members of the dlstrict expressing displeasure at the
extravagance and overly elaborate llterature used by the DIstrlct
for self-promotIon. Second by Mayor Edwards. The motion was
approved by the following vote:
Councll Vote:
Unanimously approved 7-0
4
May 29, 1984
14-C: NO-POSTING ORDINANCE: Presented was the request of
Councilmemb.er Epstein to dlSCUSS the status and enforcement of
Santa Monica's no-posting ordinance. Discusslon was held, and
agreement expressed that the Clty Attorney will prepare an
lnformatlon report to Councll in regard to the matter.
14-0: PIER DEBRIS REMOVAL: Presented was the request of
CouncilmemberEpsteln to dlSCUSS request for informatlon
regarding status of Paciflc Ocean Pier debrls removal. An oral
staff report was received in regard to the matter.
14-E: HOMELESS SHELTER: Presented was the request of
Councllmember Conn to dlSCUSS the deficl t 111 funding for the
Homeless Shelter. After discussion, Councilmember Conn moved to
continue the matter to June 5, 1984, and request staff to report
ln regard to the matter. Second by Councllmember Zane. The
motlon was approved by the followlng vote:
Councll Vote:
Unanlmously approved 7-0
Councilmember Epstein moved to contlnue the meeting after 12:00
midnight. Second by Mayor Edwards. The motion was approved by
unanlmous vote.
14-F: RENT CONTROL BOARD COUNSEL: Councilmember Jennings
withdrew hlS request to dlSCUSS the proprlety of Rent Control
Board hiring of outSide Counsel to review the City Attorney's
opinion ln process.
14-G: CITY, SEAL: Presented was the request of Councllmember
Reed to discuss unauthorized use of the City Seal. After
discussion, Councilm~mber Reed moved that the City Attorney be
directed to draft an ordinance tci-prohibit use of offlclal City
stationary design and the officlal city seal, emblematic or
otherWise, for any and all political mass mailings in this
community. Second by Counci1member Epstein. Discussion was
held. Councilmember Conn moved a substitute motion to request
staff to determlne, through the League of California Ci tles and
other sources of Information, the POllCY in other cities and how
that mlght be applied to private use of the City seal. Second by
Mayor Edwards. Addi tlonal dlScusslon was held. The substitute
motion was approved by the followlng vote:
Caunell Vote:
Unanimously approved 7-0
14-H: TENANT OWNERSHIP RIGHTS BALLOT MEASURE: Presented was the
request of Councllmember Zane to discuss expression of a
statement of intent wlth respect to Proposition X (Tenant
OwnershIp Rights), a proposition for the ballot of the Special
MuniCipal Election to be held June 5, 1984. Discussion was held.
Councilrnember EpsteIn moved to adopt the following statement of
intent and. as requested by Councilmember Zane, its content be
included verbatim in the record:
5
May 29, 1984
2
"The Santa Monica C1ty Council has placed a measure on the June 5
ballot, Propos1 t10n X, which prov1des procedures and conditions
under Wh1Ch an apartment owner and tenants in the owners'
build1ng m1ght agree on the acceptability of and the terms and
condit1ons of the sale of the un1ts 1n that bUlld1ng.
"We w1sh to prov1de a clear statement to the renters of our city
that it is our judgement that the protections offered renters in
build1ng which choose to follow the process outlined in
Propos1 t10n X are such as to offer a greater level of secur1 ty
for any non-purchasing renter who continues to rent in such a
bU11d1ng.
"The Counc11 is comm1tted to assuring the levels of protection
provided 1n PropOSItion X.
"It is our intent 1n draftIng and placing thIs measure before the
voters that:
"(1) Renters 1n controlled rental unIts in Santa MonIca Wh1Ch do
not follow the process outlIned in PropOSItion X reta1n rent
control protectIon as before the passage of PropositIon X and in
no way have theIr protections dIminished.
"(2) Renters who lIve in bUIldings whIch gain all the appropr1ate
approvals necessary under Propos1tlon X and who continue to rent
retaIn all of the eX1sting rent control protect10ns.--rn
add1tion, they have improved evictIon protections In that no
owner, current or future (if the bUIldIng or the unit should pass
to some other owner), may evict them to move themselves or some
relatIve into the unit. This additional eVIction protectIon
applIes so long as the tenant contInues to occupy the unit.
"(3) The "leases" prOVIded
are in addlt10n to these
measure of security should
Law be voided by the court,
the people of Santa Mon1ca.
by the measure in Section 2004(b)(7)
protections and add an addItional
certain portions of the Rent Control
or by the legislature, or by vote of
"For example, the "lIfetime leases" assure Seniors and dIsabled
persons that should rent control be v01ded they have contractual
lim1.ts on rent increases so long as they continue to reside in
their unIts.
"Other tenants are similarly protected for 5 years from the date
the flrst unit is offered for sale. Th~se 5-year protections are
in add1 tion to the improved eV1ction protections and apply only
if rent controls or eV1.ct1.on protectlons are somehow v01ded.
"(4) The requ1rement of approval from res1dents 1n 2/3 of the
units of a build1ng means that 1n effect vacant units are
nea;ative votes.
6
May 29, 1984
"(5) The two-year exclUSIve optIon to buy for each tenant at the
negotIated price included In the Proposition X applIcatIon begins
to run from the date of final approval by the CalifornIa
Department of Real Estate or, If no DRE approval is requIred,
from the date the fIrst unit is offered for sale. The two-year
period thus cannot begin until after the applicatIon has been
approved by the CIty." Second by Councilmember Conn.
The motion was approved by the following vote:
Council Vote:
AffIrmative:
Councilmembers
JennIngs, Press,
Edwards
Conn,
Zane
EpsteIn,
and Mayor
AbstaIn:
Councilmember Reed
14-1: U.S. IMMIGRATION LAWS: Presented was the request of
Councilmember Conn to discuss a pOSItion on the Simpson-Mazzoli
BIll (HR 1510) regardIng U.S. Immigration laws. DIScussion was
held. Councilmember Conn moved to write the leadership of the
House and our Representatives and ask them to consIder in
hearings the Roybal BIll introduced In the House of
Representatives before voting on the Slmpson-Mazzoli BIll.
Second by Councllmember Reed. The motIon was approved by the
follOWIng vote:
Council Vote:
UnanImously approved 7-0
14-J: STAFF LOBBYING ACTIVITIES: Presented was the request of
Councllmember Epstein to discuss appropriate lobbying actIvitIes
by CIty staff. Councilmember Epstein moved to direct the
preparatIon of a narrowiy drawn resolution to express a POlICY
that when city staff IS acting on matters within their Job
assignments, that they neIther encourage or dIscourage citizens
from advocating partiCUlar posItIons before the CIty Council.
Second by Councilmember Reed. DIScussion was held. With the
consent of the second, Councilmember Epstein Included in the
motion the suggestion of Councilmember JennIngs that the motIon
include that staff should not be proselytiZIng Its own view, In
terms of either enCOUragIng people to support that Vlew or
discouraging them from appearing to oppose that view before the
Ci ty CounCIl. DIScussion was held. Councllmember Conn moved a
substltute motion to table the matter. Second by Mayor Pro
Tempore Press. The substItute motion was approved by the
following vote:
Council Vote:
AffIrmatIve: Councilmembers Conn, Press, Zane
and Mayor Edwards
NegatIve:
Councllmembers
and Reed
Epstein,
Jennings
7
May 29, 1984
2~
14-K: VISITOR INFORMATION BOOTH: Presented was the request of
Mayor Edwards to discuss renovation of the VIsitor Information
booth in Palisades Park. Cou~~~lmembe!.Epstein moved to suspend
the rules to allow Ms. Wilson to address the Council. Second by
Mayor Pro Tempore Press. The motion was approved by unan1mous
vote. Geri Jean Wilson, PublIC Relations Manager for the
Convention and Visitors Bureau, spoke ir:: support of renovatIon.
Discussion was held. Mayor Edwards moved to authorIze execution
of a lease for the space and approve the exterIor design of the
Visitor Information Booth In Palisades Park. Second by
Councilmember Epstein. With the consent of the second, Mayor
Edwards included In the motIon the request of Councilmember Conn
that the project be handIcapped accessible, that windows be
operable for natural air COOling, and that the interior design to
be structured In such a way as to facilitate both access and
employment by handicapped persons. The motion as amended was
approved by the following vote:
Council Vote:
Unan1mously approved 7-0
11-D: CLOSED SESSION: At 12:59 A.M., there being no objection,
Mayor Edwards announced that Council would reconvene in Closed
Session having been adjourned at 7:29 P.M. earl1er this evening.
Council met in Closed Session and reconvened at 1:28 A.M. with
all members present.
Mayor Edwards moved to approve settlement of Limmroth vs. the
CIty, Case No. C63419, in the amount of $3,000. Second by Mayor
Pro Tempore Press. The motion was approved by the following
vote:
Council Vote:
AffIrmative: Councllmembers Conn, JennIngs,
Press, Reed, Zane and Mayor Edwards
Abstain:
Councilmember Epste1n
Councllmember Epstein moved to approve payment
award to Berkner in Case No. WEC69650, in the
Second by Mayor Edwards. The motion was
follow1ng vote:
of an arbitration
amount of $3,500.
approved by the
Council Vote:
Unanimously approved 7-0
Councilmember . Epstein moved to approve an amended settlement
agreement, Contract No. 3768(CCS), WIth Richlar Partnersh1P, Case
No. C371111 2D CIV65549. Second by Councilmember Conn. The
motion was approved by the following vote:
CounCIl Vote:
UnanImously approved 7-0
ADJOURNMENT: At 1:31 A.M., Councilmember Epste1n moved to
adjourn the meeting 1n memory of Mary Hooley. Second by Mayor
Edwards. The motion was approved by the following vote:
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May 29, 1984
Councll Vote:
ATTEST:
Ann M. Shore
City Clerk
Unanimously approved 7-0
9
APPROVED:
Ken Edwards
Mayor
May 29 I 1984