M-12/13/1983
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 13, 1983
A meeting of the Santa Monica City Council was called tQ order by
Mayor Edwards on Tuesday, December 13, 1983, at 6:15 P.M in the
council Chamber.
Roll Call: Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
Councilmember James P. Conn
Councilmember David G. Epstein
councilmember William H. Jennings
(arrived at 6:25 P.M.)
Councilmember Christine E. Reed
Councilmember Dennis Zane
City Manager John H. Alschuler, Jr.
City Attorney Robert M. Myers
City Clerk Ann M. Shore
STUDY SESSION:
SS-l: CABLE COMMUNICATIONS: A status report of Cable
Communications planning activities was presented by Wally Siembab,
Advisor in Cable Communication. Discussion was held.
CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL JOINT MEETING:
A special joint meeting of the City Council and Redevelopment
Agency was called to order by Mayor/Chairperson Edwards at 6:45
P.M.
Roll Call: Chairperson Ken Edwards
Chairperson Pro Tempore Dolores M. Press
Agency Member James P. Conn
Agency Member David G. Epstein
Agency Member William H. Jennings
Agency Member Christine E. Reed
Agency Member Dennis Zane
Executive Director John H. Alschuler, Jr.
Agency Attorney Robert M. Myers
Agency Secretary Ann M. Shore
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December 13, 1983
RA-l: APPROVAL OF MINUTES: Presented were minutes for approval.
Agency Member Conn moved to approve the minutes of October 25,
1983, as written. ,Second by Agency Member Epstein. The motion was
approved by unanimous vote.
RA/CC-2: DOWNTOWN REDEVELOPMENT PROJECT/LOW AND MOD~RATE INCOME
HOUSING: Presented was a staff report recommending approval of
resolutions, guidelines, an agreement and related actions in
connection with the Oowntown Redevelopment Project Low and Moderate
Income Housing. Discussion was held, during which the Program
Guidelines were corrected on page 6 (Security) to read that loans
will not be subordinated unless the City gives its prior approval
thereto. A~ency Member Conn moved tq adopt Redevelopment Agency
Resolution No. 378(RAS) entitled: "A 'RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA INVOKING THE
PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33334.2 AND
ESTABLISHING THE DOWNTOWN REDEVELOPMENT PROJECT LOW AND MODERATE
INCOME HOUSING TRUST FUND," reading by title only and waiving
further reading thereof. Second by Agency Member Zane. Agency
Member Reed moved an amendment to delete the following words on
pages 1 and 2 of the Resolution: "...and other persons employed or
residing in the City of Santa Monica...". Second by Agency Member
Epstein. Discussion was held. The amendment failed by the
following vote:
Agency Vote: Affirmative: Agency Members Epstein, Jennings and
Reed
Negative:
Agency Members Conn, Press, Zane and
Agency Chairperson Edwards
After discussion, the motion to adopt Resolution No. 378(RAS) was
approved by the following vote:
Agency Vote: Afrirmative: Agency Members Conn, Jennings, Press,
Zane and Agency Chairperson Edwards
Negative:
Agency Members Epstein and Reed
Agency Member Epstein requested the record to reflect that among
his reasons for opposing are that ReqUests. for Propo6al~ were not
sent to other organizations and his continued belief that Community
Corporation is not representative of the community. Agency Member
Reed requested the record to reflect that she does not support the
unrestricted use of the tax increment and is voting against the
Resolution because her amendments were rejected.
Agency Member Conn moved to adopt Resolution No. 379(RAS) entitled:
~A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA
2
December 13, 1983
MONICA ALLOCATING $300.000 INTO THE DOWNTOWN REDEVELOPMENT PROJECT
LOW AND MODERATE INCOME HOUSING TRUST FUND TO PROVIDE FINANCING FOR
THE CI~ WIDE HOUSING ACQUISITION AND REHABILITATION PROGRAM AND
FINDING THE PROVISION OF SUCH HOUSING TO BE OF BENEFIT TO THE
DOWNTOWN REDEVELOPMENT PROJECT." reading by title only and waiving
further reading thereof. Second by Agency Member Zane. The motion
was approved by the following vote:
Agency Vote: Affirmative: Agency Members conn. Jennings, Press,
Zane and Agency Chairperson Edwards
Negative:
Agency Members Epstein and Reed
Agency Member Epstein requested the record to reflect that his
reasons for voting no are those previously given. Agency Member
Reed requested the record to reflect that her reasons for voting no
are those previously given.
Agency Member Conn moved to approve the Guidelines for Operation of
the City-Wide Housing Acquisition and Rehabilitation Program.
Second by Agency Member Press. Discussion was held. Agency Member
Jennings moved an amendment to the Guidelines to provide that
projects be brought before the City council for approval before
investment of money into that particular project. Second by Agency
Member Zane. The amendment to the motion was approved by the
following vote:
Agency Vote: Affirmative: Agency Members Epstein, Jennings,
Press, Reed, Zane and Agency
Chairperson Edwards
Negative:
Agency Member Conn
Agenc~ Member Reed moved an amendment on page 8 of the Guidelines
(Underwriting Guidelines) to insert the City Council as the agency
to grant the waiver of the loan to value ratio being allowed to
exceed more than 95%. During discussion, and with the consent of
the maker of the main motion and the second, there was included in
the motion wording suggested by staff that the 95%-5% split would
be altered only upon specific documentation of unique circumstances
and that City Council is the agency to grant the waivers. Agency
Member Reed moved an amendment on page 9 of the Guidelines
(Refinancing of Primary Loans) Item 1, to insert the word "major"
before "maintenance" and delete the word "operation". Second by
Agency Member Epstein. During discussion. the mover and the second
agreed to include in the main motion wording suggested by staff
that the title of the above paragraph on page 9, read "Capital
Improvement of the Secured Property" (rather than "Refinancing of
Primary Loans"). Agency Member Reed moved amendments to delete the
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December 13. 1983
words "neighborhood-based" from page 3, first paragraph (Eligible
Borrowers), from page 14, Item l.a. (Earnest Money Fund), and other
places similarly used. Second by Agency Member Epstein.
Discussion was held. The amendment was approved by the following
vote:
Agency Vote: Affirmative:
Agency Members Conn, Epstein,
Jennings, Reed and Agency
Chairperson Edwards
Negative:
Agency Members Press and Zane
The main motion, as amended, was approved by the following vote:
Agency Vote: Affirmative: Agency Members Conn, Jennings,
Press, Zane and Agency Chairperson
Edwards
Negative:
Agency Members Epstein and Reed
Agency Member Epstein requested the record to reflect that his no
vote is for reasons previously stated. Agency Member Reed
requested the record to reflect that her no vote is for reasons
previously stated. Agency Member Conn ~ove~ to approve the
allocation of funds as set forth in the Budget/Financial Impact
section of the staff report as presented on December 13, 1983.
Second by Agency Chairperson Edwards. The motion was approved by
the following vote:
Agency Vote: Affirmative: Agency Members Conn, Jennings,
Press, Zane and Agency Chairperson
Edwards
Negtive:
Agency Members Epstein and Reed
Agency Member Epstein requested the record to reflect that his no
vote was for reasons previously stated.
Agency Member Conn moved to approve the agreement by and between
the Redevelopment Agency of the City and community corporation of
Santa Monica to undertake housing development activities pursuant
to the City-Wide Housing Acquisition and Rehabilitation Program for
the remainder of the fiscal year, and to authorize the Executive
Director to execute the document. Second by Agency Chairperson
Edwards. Discussion was held. Asency Member Reed moved an
amendment on page 15, paragraph 20 (Nepotism), to change the second
and third lines to read "...if a member of a person's immediate
family is an elected official, Housing Commissioner, Agency Member
or Community Development Corporation Board Member, or is
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December 13, 1983
employed...". Second by Agency Member Conn. The maker and second
of the main motion included the amendment as friendly.
Discussion was held. ~ency Member Reed moved an amendment on page
2 of the contract chang1ng the commencement date from December 1,
1983, to that on which it is executed. The amendment was included
in the main motion by the maker and the second. The main motion,
as amended, was approved by the following vote:
Agency Vote: Affirmative: Agency Members Conn. Jennings,
Press. Zane and Agency Chairman
Edwards
Negative:
Agency Members Epstein and Reed
Agency Member Epstein requested the record to reflect that his no
vote was for reasons previously stated. Agency Member Reed
requested the record to reflect that her no vote is because there
have been no Requests for Proposal or public bidding process for
this project.
Councilmember Conn moved to adopt Resolution No. 67B7(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING THE ESTABLISHMENT OF THE DOWNTOWN REDEVELOPMENT
PROJECT LOW AND MODERATE INCOME HOUSING TRUST FUND AND FINDING THAT
SUCH EXPENDITURE WILL BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT
PROJECT." reading by title only and waiving further reading
thereof. Second by councilmember Zane. Councilmember Reed moved
an amendment on page 2. the first whereas. to delete the language
"...has investigated the housing needs of the project area
employees and...". Second by Councilmember Epstein. Discussion
was held. The amendment was approved by the following vote:
Council Vote: Affirmative: Councilmembers Epstein,
Jennings, Reed and Zane
Negative:
Councilmembers Conn, Press
and Mayor Edwards
The main motion, as amended, was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Jennings,
Press, Reed, Zane and Mayor
Edwards
Negative:
Councilmember Esptein
iCouncilmember Epstein requested the record to reflect that. in
iaddition to reasons previously stated for voting no, he regards the
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5
December 13. 1983
data as insufficient to support a statement that the matter was
investigated and demonstrated.
ADJOURNMENT: There being no other business before the Redevelopment
Agency, A~encr Member Conn moved that the Redevelopment Agency
portion of the meeting be adjourned at 8:20 P.M. Second by
Chairperson Pro Tempore Press. The motion was approved by the
following vote:
Agency Vote: Unanimously approved 7-0
At 8:20 P.M., Councilmember Conn moved to adjourn the Special
Council meeting held in joint session with the Redevelopment
Agency. Second by Mayor Pro Tempore Press. The motion was
approved by the following vote:
Council Vote: Unanimously approved 7-0
(A recess was held from 8:20 P.M. to 8:25 P.M.)
REGULAR CITY COUNCIL MEETING
At 8:25 P.M., Mayor Edwards called to order a regular meeting of
the City Council and led the assemblage in the Pledge of Allegiance
to the United States of America. Mayor Edwards introduced Intern
Minister Molly Wagner, Unitarian Church, who offered the
invocation.
Roll Call: Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
Councilmember James P. Conn
Councilmember David G. Epstein
Councilmember william H. Jennings
Councilmember Christine E. Reed
Councilmember Dennis Zane
City Manager John H. Alschuler, Jr.
City Attorney Robert M. Myers
City Clerk Ann M. Shore
Councilmember Conn moved to add Items 6-W, 8-D, 14-G, l4-H and 14-1
to the agenda. Second by Mayor Edwards. The motion was approved
by a vote of six to one, Councilmember Esptein opposed.
Councilmember Conn moved to continue Items 8-A, ll-C, Il-F and Il-H
to the agenda of January 10, 1984 (in view of cancellation of the
regular meeting of December 27, 1983). Second by Councilmember
Reed. The motion was approved by unanimous vote.
6
December 13, 1983
4-A: COMMISSION VACANCIES: The City Clerk invited applications to
fill a vacancy on the Social Services Commission.
5-A: DEVELOPMENT PERMIT/73l SANTA MONICA BOULEVARD: Presented was
a staff report transmitting an appeal from the Planning
Commission's denial of an Interim Development Permit (DR172) for a
new self-serve gas station and snack shop at 131 Santa Monica
Boulevard (applicant/appellant Mobil Oil Corporation), continued
from November 8, 1983. Discussion was held. Jim H. Huntsberry,
representing the applicant/appellant, spoke in support of- the
proposed project replacing the existing gas station. Councilmember
Reed moved that the decision of the Planning Commission be
overruled and that the application for the permit be granted with
the condition that there be recorded against whatever legal
documents the City Attorney feels appropriate a condition that at
no time shall any application be made for any liquor sale nor any
alcoholic license from this particular facility, and noting that it
is the intention of the owner to replace all of the underground
storage containers and piping for this facility. Second by Mayor
Edwards. Councilmember Zane moved to approve a substitute motion
to uphold the decision of the Planning Commission and deny the
appeal in view of the forthcoming review of the Land Use Element.
Second by Mayor Pro Tempore Press. Discussion was held. The
substitute motion failed by the following vote:
Council Vote: Affirmative: Councilmembers Epstein, Press and
Zane
Negative:
Councilmembers Conn, Jennings, Reed
and Mayor Edwards
Councilmember Reed repeated the motion to grant the appeal of Mobil
Oil Corporation for an Interim Development Permit for a new
self-serve gas station and snack shop at 731 Santa Monica Boulevard
on the conditions that there never be an alcoholic beverage license
applied for nor liquor sold from this site, that the underground
tanks and piping will be replaced, and additionally that the City
Attorney be authorized to draft appropriate language regarding
conditions for consideration at the next City Council meeting. The
motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, Press, Reed and
Mayor Edwards
Negative:
Councilmember Zane
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
all items are considered and approved in one motion unless removed
7
December 13, 1983
from the calendar for discussion. councilmember Conn moved to
approve the Consent Calendar with the exception of Items 6-A, 6-F,
6-1, 6-J, 6-K, 6-M, 6-R, 6-T, 6-U and 6-W, reading Resolutions and
Ordinances by title only and waiving further reading thereof.
Second by Councilmember Press. The motion was approved by the
following vote:
Council Vote: Unanimously approved 7-0
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6788(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: RUNNING AND OTHER SPORTING EVENT COURSES: Ordinance No.
l290(CCS) "entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTION 3390 (revised to Section 3620) TO
THE SANTA MONICA MUNICIPAL CODE RELATING TO RUNNING AND OTHER
SPORTING EVENTS ON PUBLIC PROPERTY," was adopted.
6-D: SANTA MONICA PIER: Resolution No. 6789(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CI~Y OF SANTA MONICA
REQUESTING FUNDING FOR THE RECONSTRUCTION OF THE SANTA MONICA PIER
UNDER THE CHALLENGE GRANT URBAN WATERFRONTS PROGRAM OF THE STATE
COASTAL CONSERVANCY," was adopted.
6-E: GASOLINE TAX FUNDS: Resolution No. 6790{CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS
FOR THE MAINTENANCE OF SELECT STREETS (C-92)," was adopted.
6-G: LINCOLN BOULEVARD PARKING AND BUSINESS IMPROVEMENT AREA:
Withdrawn at the request of staff.
6-H: MAIN STREET PARKING AND BUSINESS IMPROVEMENT AREA: Withdrawn
at the request of staff.
6-L: GUTTER CONSTRUCTION AND STREET RESURFACING ASSESSMENTR:
Resolution No. 6792{CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SETTING A DATE TO HEAR ANY
PROTESTS OR OBJECTION TO THE CONFIRMATION OF ASSESSMENTS FOR GUTTER
INSTALLATION AND STREET RESURFACING ON SECOND STREET BETWEEN
BROADWAY AND WILSHIRE AND 16TH STREET BETWEEN COLORADO AND 50' FEET
SOUTH OF SOUTHERN PACIFIC RAILROAD, ALL WITHIN THE CITY OF SANTA
MONICA," was adopted, setting a public hearing for January 10
1984. '
6-N: JOB TRAINING PARTNERSHIP ACT: A request of Social Services
Commission for approval to transmit correspondence to the Los
! 8
December 13, 1983
Angeles County Board of Supervisors regarding Job Training
Partnership Act funding allocations was approved.
6-0: FLAGS ON MAIN STREET: A recommendation to approve request of
Main Street merchants for authorization to hang flags on Main
Street within established criteria was approved.
6-P: RECYCLING BINS: Bid No. 1931 was awarded to Consolidated
Fabricators corporation in the amount of $20,509.24 for recycling
bins for the General Services Department.
6-Q: FIRE HYDRANTS: Bid No. 1932 was awarded to James Jones Co.
iti the amount of $51,915.56 for fire hydrants for the Water
Division.
6-S: BUS RADIOS: A recommendation to establish new account for
purchase of bus radios in amount of $66,000 funded by
Transportation Development Act funds reserves was approved.
6-V: OCEAN'S CAFE: Contract No. 4057(CCS) was awarded to Ocean's
Cafe for a license agreement for outdoor dining on the Third Street
Mall.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Presented was the matter of approval of
minutes of 'the City Council meeting of November 15, 1983.
Councilmember Zane moved to table the matter while staff reviewed a
section of the meeting tape regarding discussion of the Pier
Corporation Bylaws. Second by Councilmember Epstein. The motion
was approved by unanimous vote.
6-F: SOUTHERN CALIFORNIA GAS COMPANY UTILITY USERS TAX REFUND:
Pr-esented was -a resolution authorizing .'Southern California' Gas
Company to refund Utility Users Tax in the amount of $6,806.50.
Councilmember Reed called the item from the Consent Calendar to add
to the record that authorization of the refund reduces General Fund
revenues by $6,807. Councilmember Reed moved to adopt Resolution
No. 6791(CCS) entitled: -'iA: RESOLUTION OF'"THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING UTILITY TAX REFUNDS," reading by
title only and waiving further reading thereof. Second by
Councilmember Epstein. The motion was approved by the following
vote:
~ouncil Vote: UnanimOUSlY approved 7-0
~-If--eHILDBIRTH CENTER/1200 PICO BOULEVARD: Presented was a staff
<eport recommending award of contract to Ed Willens Construction
3orporation in the amount of $39,080 for the renovation of the
December 13, 1983
Childbirth Center at 1200 Pico Boulevard. Counci1member Epstein
introduced discussion to indicate his belief that this is an
inappropriate expenditure. Counci1member Epstein moved to table
the matter to January 10, 1984. The motion was duly seconded and
approved by the following vote:
Council Vote: Affirmative: Counci1members Epstein, Jennings,
Press, Reed, Zane and Mayor Edwards
Abstain:
Counci1member Conn
6-J: RESIDENTIAL SECURITY INSTALLATION PROGRAM: Presented was a
staff report recommending approval of a contract with Building
Women, Inc. for a residential security installation program funded
by Community Development Block Grant funds. Councilmember Reed
introduced discussion in regard to tools and equipment which were
purchased with public funds for this group When they were founded
unde the name of Communitas and requested that this contract not
include acquisition of tools or equipment but only providing the
service. Discussion was held. Councilmember Conn moved to approve
Contract No. 4056(CCS) to Building Women, Inc., for a residential
security installation program funded by Community Development Block
Grant Funds. Second by Mayor Edwards. The motion was approved by
the following vote:
Council Vote: Affirmative: Counci1members Conn, Jennings, Press,
Zane and Mayor Edwards
Abstain:
Councilmembers Epstein and Reed
6-K: HIGHWAYS THROUGH CITIES FUNDS FOR WILSHIRE BOULEVARD
IMPROVEMENT: Councilmember Epstein introduced discussion in regard
to use of the funds. Councilmember Epstein moved to authorize the
Mayor to send a letter to Supervisor Dana requesting that $300,000
of County "Highway Through Cities" funds be provided for additional
improvements to Wilshire Boulevard with the stipulation that in
any proposal brought back to the Council 100 percent of the funds
be used for street and gutter resurfacing, a small amount to be
used for related administrative purposes. Second by Councilmember
Reed. Discussion was held. Counci1member Conn moved a substitute
motion to recommend that the Mayor be authorized to send a letter
to Supervisor Dana requesting that $300,000 of County "Highways
~rou~h Cities" funds be provided for additional improvements to
W11sh1re Boulevard. Second by Mayor Pro Tempore Press. The motion
was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Press, Zane
and Mayor Edwards
10
December 13, 1983
Negative:
Councilmembers Epstein, Jennings and
Reed
Councilmember Reed requested the record to reflect that she is
voting in opposition for lack of a statement with regard to not
using these funds for urban design programs and other art projects.
6-M: ASSISTANT DIRECTOR--ARTS COMMISSION: Presented was staff
report presenting a resolution establishing a salary rate for the
Assistant Director-Arts Commission and recommending approval of
fifteen new and five revised classification specifications.
Councilmember Epstein moved to continue the matter to January 10,
1984, to enable further discussion at that time. Second by
Councilmember Reed. The motion was approved by unanimous vote.
6-R: REFUSE BIN PARTS: presented was a staff report recommending
award of Bid No. 1933 to Cubic Container Manufacturing in the
amount of $54,112.65 for refuse bin parts for Refuse Division.
Councilmember Epstein introduced discussion in regard to the
plastic container tops. Discussion was held. Councilmember
Epstein move~ to approve the award as recommended. Second by
Councilmember Conn. The motion was approved by the following vote:
Council Vote: Unanimously approved 7-0
6-T: ANNUAL FINANCIAL REPORT: The Comprehensive Annual Financial
Report for Fiscal Year 1982-83 was transmitted to the City Council
as required by Section 1516 of the City Charter. Councilmember
Epstein introduced dicussion to confirm that the report resulted
from an audit and it included the Rent Control Board.
Councilmember Epstein moved to approve the report. Second by
Councilmember Reed. Discussion was held. The motion was approved
by the following vote:
Council Vote: Unanimously approved 7-0
6-U: COSTS FOR ELECTION HELD APRIL 12, 1983: Presented was a staff
report recommending approval of payment to Martin & Chapman Company
for services and supplies for City election of April 12, 1983.
Mayor Pro Tempore Press introduced discussion in regard to
increased costs of Martin and Chapman's services. Councilmember
Reed moved to approve payment of $63,288 to Martin & Chapman Co.
for services and supplies for the City election held April 12, 1983
relating to Contract No. 3880(CCS) and approve an additional
appropriation of $36,148 in the Elections budget from General Fund
'I 'Reserves. Second by Mayor Edwards. Discussion was held. The
motion was approved by the following vote:
I
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December 13, 1983
council Vote: Affirmative: Councilmembers Conn, Jennings, Reed,
Zane and Mayor Edwards
Negative:
Councilmembers Epstein and Press
6~W: SENIOR ADMINISTRATIVE ANALYST POSITION: Presented was a
staff report recommending approval of trans~er of a Senior
Administrative Analyst positon from the Finance Department of the
Management Services Division. Councilmember Epstein withdrew this
item from the Consent Calendar to vote in opposition.
Councilmember Zane moved to approve transfer of a Senior
Administrative Analyst '(vacant position) from the Finance
Department to the Management Services Department. Discussion was
held. '!'he motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Press, Zane and
Mayor Edwards
Negative:
Councilmembers Epstein, Jennings and
Reed
7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report
regarding a public hearing on assessment of costs to repair damaged
sidewalks, driveways and curbs (SR-B3-54). The public hearing was
declared open at 9:59 P.M. Discussion was held. There being no
one wishing to speak to the matter, Councilmember Co~n moved to
close the public hearing at 10:04 P.M. Second by Councilmember
Epstein. The motion was approved by unanimous vote. Councilmember
Epstein moved to acknowledge the protests received and adopt
Resolution No. 6793(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-B3-54)," reading by title only and waiving
further reading thereof. Second by Counci1member Conn. Discussion
was held. The motion was approved by the following vote:
Council Vote: Unanimously approved 7-0
i
17.-.B: COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Considered in
'conjunction with Items ll-A and II-B.
B~A:- SUBDIVISION ORDINANCE: Continued to January 10, 1984.
8-8: MINIATURE HORSES IN PET,STORES: Presented was a staff report
i transmitting an ordinance for introduction and first reading
I amending the Municipal Code to permit miniature horses in pet
stores. ~ouncilmember Eps~ei~ moved to intrOduce an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTION 4107 OF THE SANTA MONICA MUNICIPAL CODE
~12
I
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December 13, 1983
RELATING TO HORSES, MULES, BURROWS, AND JACKS," reading by title
only and waiving further reading thereof. Second by Councilmember
Conn. The motion was approved by the following vote:
Council Vote: Unanimously approved 7-0
8-C: UNDERGROUND STORAGE TANK REGULATIONS: Presented was a staff
report transmitting an emergency ordinance for introduction and
adoption establishing standards and procedures for regulation of
underground storage tanks. The public hearing was opened at 10:30
P.M. The following members spoke in support of the ordinance:
Kate Metzger, Greg Karraz, Mark Abramowitz, Joni Anderson. There
being no one else wishing to speak to the matter, Councilmember
Epstein moved to close the public hearing at 10:44 P.M. Second by
Councilmember Zane. The motion was approved by unanimous vote.
Councilmember E~stein moved to adopt Ordinance No. l29l(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 6 TO ARTICLE VIII OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO STANDARDS AND PROCEDURES FOR UNDERGROUND
STORAGE TANKS AND DECLARING THE PRESENCE OF AN EMERGENCY," reading
by title only and waiving further reading thereof. Second by
Councilmember Zane. Discussion was held. The motion was approved
by the following vote:
Council Vote: unanimously approved 7-0
Councilmember Epstein moved to continue discussion past 11:00 P.M.
up to 12:30 A.M., including the holding of the Closed Session.
Second by Mayor Edwards. The motion was approved by unanimous
vote.
8-D: SALES TAX: Presented was a staff report transmitting an
ordinance for introduction and adoption amending Municipal Code
Sections relating to the City's sales tax and the watercraft
exemption. Discussion was held. The public hearing was opened at
10:50 P.M. There being no one wishing to speak to the matter, the
public hearing was declared closed at 10:51 P.M. Councilmember
Zane moved to introduce and adopt Ordinance No. 1292(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 6500.261, 6500.262, AND 6500.263 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO EXCLUSIONS AND EXEMPTIONS FROM
THE SALES AND USE TAX ADMINISTERED BY THE STATE BOARD OF
EQUALIZATION," reading by title only and waiving further reading
thereof (City Charter Section 619 provides that an ordinance
relating to taxes may be adopted upon introduction). Second by
Councilmember ~pstein. The motion was approved by the following
vote:
Council Vote:
Unanimously approved 7-0
13
December 13, 1983
10~A~ CITY ELECTIONS: Presented were recommendations of the Fair
Election Practices Commission regarding forthcoming City elections
recommending that the City Council consider having the County
conduct City elections, presenting to the voters a charter
amendment changing the City election date to consolidate with the
November general statewide election, and referring to the City
Attorney the matter of the possibility of conducting an all mail-in
ballot election. Fair Election Practices Commissioner Lacy Goode
participated in the discussion that followed. Councilmember Zane
moved to request the City Attorney and City Clerk to investigate
and report in regard to all-mail ballot elections. Second by
Councilmember Press. Discussion was held. The motion was approved
by a vote of 5 to 2, Councilmembers Reed and Epstein opposed.
COuncilmember Conn moved to request the City Clerk to investigate
and report regarding the costs of having the County conduct City
elections. Second by Mayor Pro Tempore Press. The motion was
approved by unanimous vote.
Councilmember Reed moved to consolidate discussion of Items 7-B,
II-A, II-B. Second by-Councilmernber Epstein. The motion was
approved by unanimous vote.
7-B, II-A, Il-B: COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND
ALLOCATION OF CONTINGENCY FUNDS FOR ACQUISITION OF HOUSlNG SITES
LOCATED AT 1851-1901 AND 1907 ELEVENTH STREET: Presented were
staff reports regarding Item 7~B, a public hearing on use of
Community Development Block Grant funds 1 Item II-A, a
recommendation to revise the Fiscal Year 1983-84 Community
Development Block Grant Budget and approve appropriations for
specified projects~ and Item ll-B, a recommendation to approve
allocation of funds on the proposed use of Community Development
Block Grant Contingency Funds for acquisition of housing sites
located at 1851-1901 and 1907 Eleventh Street to promote
development of federally assisted housing for families. Discussion
was held. Sou~cilmember Epste~n moved to hear from members of the
public for three minutes each. Second by Counci1member Conn. The
motion was approved by unanimous vote. The public hearing was
declared open at 11:29 P.M. Gaye Follmer Deal, representing
Unitarian Housing Association, spoke in support of providing low
moderate income housing. Steve Klugrnau, John Jurenka, Nancy
Waldroop Hall, Shirley Jackson, and Shawn Rahmani spoke in protest
of the acquisition of the housing sites and/or lack of pubic notice
to the neighborhood in regard to the project. At 12:00 midnight,
Mayor Edwards 'moved to extend the meeting past 12:30 A.M. Second
by Mayor Pro Tempore Press. The motion was approved by a vote of 5
to 2. No one else wishing to speak, the public hearing was
declared closed at 12:01 A.M. Discussion was held. Councilmember
Zane moved to approve the staff recommendation in regard to Item
11-A, thereby authorizing revisions to the 1983-84 Community
14
December 13, 1983
Development Block Grant budget to include an increase in community
Development Block Grant revenues of $15,600~ appropriating $241,056
in prior year funds to the projects specified in the appropriation
portion of the "Budget/Financial Impact" section of the staff
report~ and allocating currently appropriated funds as specified in
the Allocation Adjustments portion of the "Budget/Financial Impact"
section of tbe staff report. Second by Councilmember Conn. The
motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Press, Reed,
Zane and Mayor Edwards
Negative:
Councilmembers Epstein and Jennings
Councilmember Conn moved to approve the staff recommendation in
regard to Item 11-8 thereby (1) approving the Purchase Agreements
for 1851-1901 and 1907 Eleventh Street pending completion of
environmental clearances required by CDBG regulations~ (2)
allocating $458,587 from Housing Site Acquisition and $141,413 from
CDBG contingency funds for acquisition of the site, including
closing costs~ (3) authorizing the City Manager to take all actions
necessary to meet tne terms and conditions of the Purcnase
Agreement~ authorizing the City Manager to formally advise the
Housing Authority of the County of Los Angeles of the following
conditions of sale at a below market price: (a) the City shall
receive copies of all developer submissions prior to project
selection and shall have representation on the developer selection
committee: (b) the City's write-down shall not exceed the
difference between the maximum allowable developer's price and the
HUD approved total dev&lprnent cost exclusive by land and the City
shall review the developer's and HUD's estimates of the total
development cOsts prior to determining tne final sales price: (c)
the City shall record covenants Which run with the land restricting
the use of the property to low-moderate income housing and with a
provision for title to revert to the City~ and (d) that preference
shall be given to Santa Monica residents and secondly to those
employed in Santa Monica in the tenant selection process~ (4)
affirming that the site may be offered to the developer at a below
market price~ and (5) directing the City Attorney to draft the
. grant deed and necessary covenants. Councilmember Conn further
moved to instruct staff to meet with the community to deal with
some of their concerns. Second by Councilmember Zane. The motion
was approved by the following vote:
Council Vote: Affirmative: Counci1members Conn, Press, Zane
and Mayor Edwards
Negative:
Councilmembers Epstein, Jennings and
Reed
15
December 13, 1983
Councilmember Epstein requested the record to reflect that his
reason for opposition is because notifications to the neighborhood
were not comparable to those required from a private developer.
Councilmember Jennings requested the record to reflect his no vote
because he does not have adequate information concerning the
relative costs and benefits of this proJect to vote yes at this
time. Councilmember Reed requested the record to reflect her no
· vote because the notice to the neighbors was deficient.
ll-C: PREFERENTIAL PARKING ZONE FEES: Continued to January 10,
1984.
11-D: COMMUNITY SERVICE GRANT FUNDS: Presented was a staff report
recommending approval of allocations in the amount of $65,000 in
previously appropriated community Service Grant Funds for a Social
Security Employer's Contribution Fund for Current Orantees, for a
Youth Employment Program, and Food Distribution Services for the
Homeless. Don Cameron representing the Catholic Youth organization
was present to respond to questions. Member of the public Wayne
Hall spoke in support of funding youth organizations. MayO,
Edwards moved to approve the staff recommendation, thereby 1)
allocating $22,000 to a Social Security Contribution Fund from
Account No. 19-200-262-725-684 to be drawn by the specified
agencies for documented expenses: (2) allocating $20,000 to the
Catholic Youth Organization for implementation of a youth
employment program from Account No. 19-200-262-725-684. and
authorizing the City Manager to negotiate and execute Contract No.
40B5(CCS) with CYO, contingent upon the awarding of County Job
Training Partnership Act funds in the same amount: and (3)
allocating $23,000 ($10,000 from Account No. 19-200-262-725-601 and
$13,000 from Account No. 19-200-262-725-684) for food distribution
services to the homeless, authorizing the City Manager to issue a
Request for Proposal for these services. Second by Mayor Pro
Tempore Press. Discussion was held. Counci1member Zane moved an
amendment to the motion that staff survey City-funded social
service agencies which have adopted the practice of providing
raises to compensate for FICA deductions and those which have not,
and report in conjunction with next year's budget submissions.
Second by Mayor Pro Tempore Press. The amendment to the motion was
approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Epstein, Zane
and Press
Negative:
Counci1members Jennings, Reed and
Mayor Edwards
The main motion, as amended, was approved by the following vote:
I
'16
I
December 13, 1983
Council Vote: Unanimously approved 7-0
(Mayor Edwards vote in regard to Item Il-D was reconsidered after
Item 13-B.)
ll-E: REVISED BOARD/COMMISSION APPLICATION FORM: Continued to
January 10, 1984.
Il-F: PIER LEASES: withdrawn at request of staff.
(Councilmember Reed departed from the Chambers.)
Il-G: PURCHASING FUNCTION: Presented was a staff report
recommending approval of a classification specification for
Purchasing Agent, adoption of a resolution authorizing an
additional Buyer position for purchasing, and requesting City
Attorney to prepare an ordinance making the purchasing function a
division of the Finance Department. Councilmember Conn moved to
adopt Resolution No. 6794(CCS) entitled: RA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE SALARY FOR THE
POSITION OF PURCHASING AGENT," reading by title only and waiving
further reading thereof: approve the classification specification
of Purchasing Agent: and direct the City Attorney to prepare an
ordinance making the Purchasing function a division of the Finance
Department. Second by Mayor Edwards. The motion was approved by
the following vote:
Council Vote: Affirmative: councilmembers Conn, Jennings, Press,
Zane ~d Mayor Edwards
Negative: Councilmember Epstein
Absent: Councilmember Reed
Il-H: BOARD AND COMMISSION PROCEDURES: Continued to January 10,
1984.
II-I: CLOSED SESSION: Held at end of meeting.
l3-A:. TRAFFIC NEAR CO~RADO AND IDAHO AVENUES: The request of
Bradley Seto to discuss traffic near Colorado and Idaho Avenue was
withdrawn at request of Mr. Seto. Councilmember Conn moved to
receive and file the written request. Second by Councilmember
Epstein. The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent:
Councilmember Reed
17
December 13, 1983
13-B: NATIONAL 6EALTH SYSTEM: Presented was the request of Abe
Baxerman, Southern California Coalition for a National Health
Service, to address Council regarding placing the matter of a
national health system on an election ballot. Mr. Baxerman was
heard. No action was taken.
11-0: COMMUNITY SERVICE GRANT FUNDS: Discussion returned to the
matter of Item 11-0 at the request of Mayor Edwards. Councilmember
Conn moved to waive the rules to permit Mayor Edwards to change his
vote on Item 11-0. Second by Councilmember Epstein. The motion
was approved by unanimous vote. Mayor Edwards requested the record
to reflect his vote of abstention in regard to Item 11-0.
(Councilmember Reed returned at 1:16 A.M.)
14-A: THIRD STREET MALL CORPORATION: Presented was the matter of
appointment of members to the Third Street Mall corporation.
councilmember Zane moved to establish a twelve-member Third Street
Mall Corporation. Second by Mayor Pro Tempore Press. Discussion
was held. Councilmember E~stein moved an amendment to establish
the number of members of the Third Street Mall Corporation to be
eleven. Second by Councilmember Reed. The motion was approved by
the following vote:
Council Vote: unanimously approved 7-0
Discussion was held~ Councilmember Epstein moved an additional
amendment that four ex-officio members be appointed, one each from
the Planning Commission, Landmarks Commission, Architectural Review
Board and Commission on Older Americans. Second by Mayor Edwards.
Discussion was held. Councilmember Conn moved a substitute
amendment that the four Commissions designate their own ex-officio
liaisons. Second by Mayor Pro Tempore Press. Discussion was held.
The substitute amendment was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Jennings, Press,
and Zane
Negative:
Councilmembers Epstein, Reed and
Mayor Edwards
The main motion, as amended to include eleven members and four
Commission-designated liaison, was approved by the fOllowing vote:
Council Vote: Unanimously approved 7-0
Councilmember Conn moved to waive the procedures and accept late
applications and late nominations to fill membership on the
Corp?ration. Second by Mayor Edwards. The motion was approved by
unanlmous vote.
18
December 13, 1983
Councilmember Conn nominated applicants Arechaederra, Bach,
Blumthal, Campbell, Chute, Kaplan, Mont, Moreno, Muselli, Stewart,
and Tuite. Councilmember Epstein nominated applicants
Arechaederra, Burns, Cetta, Kaplan, Kaufman, Koska, Mont, Muselli,
Campbell and Moreno. Councilmember Jennings nominated applicants
Arechaederra, Burns, Cetta, Chute, Kaplan, Kaufman, Mont, Muselli,
Stewart, Tuite and Widder. Councilmember Press nominated
applicants Arechaederra, Blumthal, Campbell, Chute, Fillet,
Stewart, Kaplan, Mont, Moreno and Tuite. Councilmember Reed
nominated applicants Bach, Blumthal, Burns, Cetta, Kaplan, KaUfman,
Koska, Mont, Muselli, Rozet, and Arechaederra. Councilmember Zane
nominated applicants: Cetta, Chute, Fillet, Kaplan, Moreno,
; Stewart, Tuite, Bach, Blumthal, Arechaederra and Campbell. Mayor
Edwards nominated applicants Arechaederra, Bach, Blumthal, Cetta,
Chute, Kaplan, Miko, Mont, Muselli, Stewart and Tuite
Councilmember Zane moved that all persons who have received four
votes be appointed to the Corporation. The motion failed for lack
of a second. Discussion was held. Councilmember Reed moved to
declare appointed those Who have received five nominations or more
and vote again on the remaining nominees. Second by Councilmember
Epstein. The motion was approved by unanimous vote. The vote on
the remaining nominees was as follows:
Campbell: Councilmembers Conn, Epstein, Press
Moreno: Councilmembers Conn, Epstein,> Jennings, Press, Reed,
and Zane
Bach: Councilmembers Jennings, Reed, Zane and Mayor Edwards
Therefore, the following eleven members were appointed to the Third
Street Mall Corporation: Maria Arechaederra, Margaret Bach, John
Blumthal, Vito Cetta, Edythe A. Chute, Ernest A. Kaplan, Joseph H.
Mont, Hermez Moreno, Vincent Muselli, Vilate Stewart and John
Tuite.
14-B: ARCHITECTURAL REVIEW BOARD: Presented was the matter of
appointment of a member to fill a vacancy on the Architectural
Review Board. Nominations were opened. Counci1member Reed
nominated Raymond Hansen. Counci1member Epstein moved to appoint
Raymond Hansen to the Architectural Review Board for a term ending
June 30, 1987. Second by Councilmember Conn. The motion was
,approved by unanimous vote.
(Counci1member Jennings departed the meeting.)
I
:l4-C: LANDMARKS COMMISSION: Presented was the matter of
appointment of a member to fill a vacancy on the Landmarks
19
December 13. 1983
Commission. Nominations were declared open. Councilmember Reed
nominated Christopher Brooks Johnson. Mayor Pro Tempore Press
nominated Nancy Desser. There being none other, nominations were
closed. The vote on the nominations was as follows:
Johnson: Councilmembers Conn, Epstein, Reed, and Mayor
Edwards
Desser: Councilmembers Press and Zane
Absent: Counci1member Jennings
Therefore Christopher Brooks Johnson was appointed to the Landmarks
Commission for a term ending June 30, 1986.
l4-D: COMMISSION ON THE STATUS OF WOMEN: Presented was the matter
of appointment of a member-to fill a vacancy on the Commission on
the Status of Women. Discussion was held. Councilmember Press
; moved to delay nomination of the open seat on the Commission on the
. Status of women until January 10, 1984. Second by Councilmember
Zane. The motion failed by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Press and Zane
Negative:
Councilmembers Epstein, Reed and
Mayor Edwards
Absent:
Councilmember Jennings
Nominations were opened for the Commission on the Status of Women.
Councilmember Reed nomianted Sonu Ramchandani. Councilmember
Epstein nominated Rose Kaufman. Councilmember Zane nominated Julie
Drapkin Dercle. There being none other, nominations were closed.
The vote on the nominations was as follows:
Kaufman: Councilmember Epstein
Ramchandani: Councilmember Reed
Dercle: Councilmember Zane
Abstain: Counci1members Conn, Press and Mayor Edwards
For lack of four votes, no appointment was made to the Commission
on the Status of Women at this time.
14~E:-TRAFFIC ON APPIAN WAY: This matter was withdrawn by
Councilmember Zane who placed it on the agenda.
20
December 13, 1983
14-F; ELECTRICAL BOARD OF APPEALS; Presented was a request for
authorization to publish a notice to fill a vancancy on the
Electrical Board of Appeals due to passing of member Robert Kline.
Councilmember Conn moved to authorize the city Clerk to pUblish a
notice inviting applications to fill the vacancy. Second by Mayor
Edwards. The motion was approved by unanimous vote.
14-G; RENT EVICTIONS: Presented was the request of Councilmember
Zane to discuss a moratorium on rent evictions. Councilmember Zane
moved to direct the City Attorney to draft a moratorium ordinance
under the just cause eviction law for the purpose of protecting
people during the Olympics covering rental units that are exempt
from the Rent Control law and to recommend action the Council might
take with respect to those units which are covered, in particular
evictions for family members, owner occupancy, or matters having to
do with evictions that are not due to some legitimate violation of
the rent law. The motion was held in abeyance to permit a request
to speak to the matter. Councilmember Zane moved to permit a
member of the public to speak for thr'ee minutes. The motion was
duly seconded and approved by unanimous vote. John Jurenka spoke
to request that subleases also be considered in connection with the
Olympics.
Discussion was held. Councilmember Zane moved to direct the City
Attorney to draft an ordinance for Council review to provide
eviction protection for tenants in uncontrolled rental units during
the period of the Olympics, to provide advice as to what that
period of time ought to be, and propose other areas of protection
necessary for tenants. Second by Councilmember Conn. Discussion
was held. With the consent of the second, Councilmember Zane
included in the motion a request that the City Attorney recommend a
short period of time during which the moratorium will take place.
Discussion was held. Councilmember Reed moved an amendment to
include in the ordinance wording to the effect that tenants not be
permitted to participate in rent gouging either. Second by Mayor
Edwards. The amendment was approved by the following vote;
Council Vote; Affirmative; Councilmembers Conn, Epstein,
Press, Reed, and Mayor Edwards
Abstain:
Councilmember Zane
Absent;
Councilmember Jennings
The main motion, as amended, was approved by the fallowing vote;
Icouncil Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
PI December 13, 1983
14-H: UNRESTRAINED DOGS: Presented was the request of
Counci1member Epstein to discuss dangers posed by unrestrained pit
bull dogs. Counci1member Epstein moved to (1) direct the City
Attorney to prepare a muzzle law for pit bull dogs and such other
dogs as, in consultation with City staff, he deems appropriate and
(2) ask staff to report to the Council as to whether any other
aspect of current City regulations involving dogs need amendment.
Second by Councilmember Reed. Discussion was held. The motion was
approved by unanimous vote.
14-1: INVOLVEMENT IN OPEN WAR: Presented was the request of
Councilmember Conn for discussion of writing letters to government
officials urging them to not involve the United States in open war
in Central America. Councilmember Conn moved to request the Mayor
to write a letter on behalf of the Council to the President,
Secretary of State. and Chair of the Senate Foreign Relations
Committee urging that the administration not involve American
troops and military intervention in Central America. Second by
Mayor Pro Tempore Press. Discussion was held. The motion failed
by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Press and
Mayor Edwards
Negative: Councilmembers Epstein and Reed
Abstain: Councilmember Zane
Absent: Councilmember Jennings
Councilmember Reed requested the record to reflect that her vote is
in opposition because she does not believe this is an appropriate
forum to discuss the matter.
11-1: CLOSED SESSION: At 2:15 A.M., a motion to adjourn to closed
Session to discuss pending litigation and personnel matters was
seconded and approved by unanimous vote. At 2:20 A.M., Council
reconvened with the following members present: Councilmembers
Conn, Epstein, Reed, Zane and Mayor Pro Tempore Press. It was
announced that no action was taken in Closed Session.
ADJOURNMENT: At 2:20 A.M.Mayor Pro Tempore Press moved to adjourn
in memory of Nellie B. Kitchen,' 89 years old, who wOrked 20 years
at Henshey's Department Store before retirement: and Taylor D.
Woods; former U. S. Diving champion and Olympics gold medalist.
22
December 13, 1983
The motion was duly seconded and approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Jennings and Mayor Edwards
ATTEST. ~D.~
f~ ~;:rcJ.~ ~~dS /-- 0-
City Clerk Mayor
23 December 13, 1983
NOTICE OF ADJOURNMENT FOR LACK OF QUORUM
OF SANTA MONICA CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN THAT the regularly scheduled City Council meet~ng
of Tuesday, December 27, 1983, was adjourned at 7:3Q P.M. for lack of a
quorum. Any matters scheduled for this meeting will be placed on the
agenda of January 10, 1984.
tZr'-'1t /}~~-
Ann M. Shore, City Clerk
C~ty of Santa Monica
DATE: December 27, 1983