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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 2 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 3 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: 8 May 29, 1984 Councll Vote: ATTEST: Ann M. Shore City Clerk Unanimously approved 7-0 9 APPROVED: Ken Edwards Mayor May 29 I 1984