M-11/29/1983CITY OF SANTA MpNICA
CITY CpUNCIL MINUTES
NOVEMBER 29, 1983
A meeting of the Santa Monica City Council was called to order by
Mayor Edwards at 7:40 P.M. on Tuesday, November 29, 1983, having
been continued from November 22, 1983. Mayor Pro Tempore Press led
the assemblage in the pledge of allegiance to the United States of
America.
Roll Call: Present: Mayor Ken Edwards
i~ayor Pro Tempore Dolores M. Press
Councilmember James P. Conn
CounciZmember David G. Epstein
Councilmember William H. Jennings
(entered 9:32 P.M.)
Councilmeml~er Christine E. Reed
CouncilmemY~er Dennis Zane
City Manager John H. Alschuler, Jr.
City Attorney Robert M. Myers
Acting Assistant City Clerk
Ginny Piccolo
Councilmember E~stein znoved to add Item 14-L to the agenda, and to
discuss 14-D and 14-Ti as a aombined item. Second by Councilmember
Conn. The motion was approved by unanimous vote.
5-C: COUNCIL COMPENSATI~N: Presented was the request of
Councilmember Epstein to discuss a charter amendment regarding
compensation of Mayor and Cosancilmembers. Discussion was held.
Councilmember E~stein moved to allow two minutes to a member of the
public who had requested to speak. Seco~d by Mayor Edwards. The
motion was approved l~y unanimous vote. Dora Ashford spoke in
support of the proposal to submit to the voters the matter of a
Charter Amendment increasing compensation of Councilmembers.
Councilmember E~stein moved to direct the City Attorney to prepare
a charter amendment for submission to the voters to make the
compensation o£ Councilmembers and Mayor equivalent to that .in
general law cities of comparable population to Santa Monica; the
law tp take e€fect at the point when each Counc~lmember's term
expires when there is an election for that seat. Second by Mayor
Edwards. Discussion was held. Tfie motion was approved ~y the
following vote:
;1 November 29, 1983
Council Vote: Unanimously approved 6-0
Absent: Cpuncilmember Jennings
6-G: PETROLEUM PRODUCTS: Presented was a staff report
transmitting a recommendation to award Bid No. 1922 to Gasco
Gasoline, Inc., Chevron USA. Enc., Texaco, Inc., and A. G. Layne,
Inc., at unit prices for petroleum products for various using
departments. Hal Barstow, President of Gale Barstow, Inc.
(bidder), requested the record to indicate that his company was
rejected for reasons he felt were inaccurate. Charles E. Knettles,
representing J. E. DeWitt, Inc. (bidder), requested another
analysis of the proposal which he felt should have made reference
to a major supplier if that was the intent. Discussion was held.
Councilmember Epstein moved to approve the revised sta££
recommendation thereby awarding Bid No. 1922 to Gasco Gasaline,
Inc., for #1 Diesel fuel at the unit prices bid for the period from
December 1, 1983 through November 30, 1984 plus two additional
one-year options; Chevron USA, Inc., for gasoline and #2 diesel
fuel at the unit prices bid for the period from December 1, 1983.
thYOVgh November 30, 1984, plus two additional one-year options; tp
Texaco, Inc., for lube oils at the unit prices bid for the period
from December 1, 1983 through November 30, 1984 plus two
additional one-year options; and to A. G. Layne, Inc., for solvent
at the unit prices offered for the period £rom December 1, 1983,
through November 30, 1984, plus two additional one-year options.
Second by Mayor Edwards. Counczimember Zane requested that the
record reflect that the staff report did not intend to criticize
the services of any prior supplier to the City. The motion was
approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
11~C: HOMELESS IN SANTA MONICA: Presented was a staff report
recommending assistance to the homeless in Santa Monica, including
training workshop, food service program and adoption of a
resoiution in support of increased State £unding for
community-based mental health facilities. Councilmember Epstein
moved to hear members of the pubtic for three minutes each. Second
by Mayor Edwards. The motion was approved by unanimous vote. The
following members of the public spoke, giving background of needs
and histories: Mollie Lowery, Executive Director of Ocean Park
Community Center; Ken Schonlau, Director of CT.ARE Foundation; Dora
Ashford; Walter ~. Sparks; Elizabeth Lynch and Reverend Charles
Elswick, Turning Point Center; Lee Forte, Santa Monica West ~ental
Health; Gail Reiger, Westside Regional Center; Betty Macias; and
Jessica Friedman. Wayne Hall and John Jurenka spoke in opposition
November 29, I983
to feeding transients. Discussion was held. Mayor Edwards moved
to approve the staff recommendation. Second by Councilmember Conn.
Councilmember Epstein proposed an amendment that Council have a
study session in January to focus in particular on the experience
of other cities in the zegion. This amendment was accepted by the
maker and second of the motion. Cou~cilmember E~stein moved an
amendment to direct the City Attorney to prepare an amendment to
Municipal Code 5ection 4202A in regard to sleeping in public parks
changing hours to "from one hour after sundown to one hour before
sunrise." Second by Councilmember Reed. Discussion was held. The
motion failed by the following vote:
Council Vote: Affirmative: Councilmembers Epstein and Reed
Negative: Councilmembers Conn, Jennings, Press,
Zane and Mayor Edwards
Councilmember Conn requested that the record reflect that his vote
was 3ue to not having a study of the matter. Councilmember
Jennings requested that the record reflect that his no vote was not
because people should not sleep in parks, but rather in regard to
the problem of enforcement. Councilmember Zane requested that the
record reflect that he difl not feel this change would be effective
nor allow enforcement agencies to focus their concern on the real
nroblems. Councilmember Epstein moved an amendment to request that
the City Attorney prepare an ordinance to amend Code Section 4204A
increasing the penalty for drinking of alcohol in public, which is
now an infraction. The motion failed for Iack of a second.
~iscussion was held. Councilmember Reed moved an amendment to
request the City Attorney to prepare an ordinance to eliminate
sleeping in cars in residential areas. Second by Councilmember
Esptein. Discussion was held. Councilmember Conn moved to amend
the motion to table this subject for discussion in January or
~ebruary. Second by Councilmember Zane. `1~e amendment to the
motion was approved by the following vote:
Councii Vote: Affirmative: Councilmembers Conn, Jennings,
Press, Zane and Mayor Edwards
Negative: Councilmembers Epstein and Reed
A part o~ the main motion was called to adopt Resolution No.
6786{CC8) entitled: "A RE80LUTION OF THE CITY COUNCIL OF THE CImY
QF SANTA MONICA URGING TNCREASED STATE SUPPORT FOR COMMIJNITY-BASED
MENTAL HEALTH FACILITIES," reading by title only and waiving
further reading thereof. The motion was approved by the foilowing
vote:
Council Vote: Unanimously approved 7-0
3 November 29, I983
The balance of the main motion authorizing staff to tl) co-sponsor
with the Westside Shelter Coaliton two training workshops at a cost
not to exceed $5,000 for trainers, materials, advertising, etC., to
be held within the next 6 months; appropriate agencies which
receive City funds would be required to attend the warkshop dealing
with referral and other services for the homeless; and (2} consider
the issue of the homeless and related problems when assessing the
use of remaining 1982-83 community service funds and in developing
service priorites £or the coming year; and as amended to include
holding a study session on the subject, was approved by the
following vote:
Council Vote: Affirmative: Councilmem~ers Conn, Jennings,
Press, Zane and Mayor Edwards
Negative: Councilmembers Epstein and Reed
Councilmember Epstein requested that the record reflect that he
does not oppose any individual project but feels that the proposals
are not adequately balanced. Councilmember Reed requested the
record reflect that her reason was the same.
Counczlmember E~stein moved to extend the meeting to midnight.
Second by Councilmember Reed. The motion was apgroved by unanimous
vote.
At 10:58 P.M. Council reconvened with all members present.
11-E: MAIN 5TREET LIQUOR LICENSE: Presented was a staff report
recommending approval of a policy for yIain Street liquor licenses
and review of standards for sale of iiquor in a11 commercial areas.
Councilmembez Epstein moved to permit members of the public to
speak for three minutes each. Second by Councilmember Conn. The
motion was approved by unanimous vote. The following members of
the public spoke in favor of limiting the issuance of further
liquor licenses on Main Street: Ken Schonlau. Wayne Hall, Myrian
Baker, Gloria Williams, Tony Haig, Michael Lawrence and Bud Hayes.
Councilmember Epstein moved to approve the staff recommendation
thereby directing staf£ not to protest liquor license applications
for bars and restaurants that comply with the current "CM" Main
Street Special Commercial Distxict zoning regulations or for liquor
stores that have received a conditional use permit, but continue to
protest all other retail liquor outlets until a Citywide policy for
these types of o~tlets can be adopted. Second by Councilmember
Reed. Discussion was held. Councilmember Epstein rnoved to table
this matter until January lOth to be incorporated witn the general
question on this subject. Second by Councilmember Reed. 7'he
motion was approved by the following vote:
4 November 29, 1983
Council Vote: Unanimously approved 7-0
11-G: PREFERENTIAL PARKTNG ZONE~MAIN, THIRD, OCEAN PARK BOULEVARD
AND SOUTH CITY LIMITS: Presented was a staf£ report recommending
maintenance of the existing preferential narking zone bounded by
Main Street, Third Street, Ocean Fark Boulevard and south City
limits and continuance of the policy of issuing citations but not
towing vehicles which do not display permits foY that zone.
Councilmember Epstein moved to extend the mee~ing to 12:30 A.M.
Second by Mayor Edwards. 2'he motion was approved by unanimous
vote. Counciimem~er Zane moved to hear members of the public for
two minutes each. Second by Councilmember Reed. Tony Haig, John
Frayer and Michael Lawrence spoke in favor of towing on a part-time
basis on weekends. John Jurenka sooke in regard to the over-a11
problem of parking in Santa Monica. Gloria Williams spoke in favor
of preferential parking and continued towing. Discussion was held.
Ma~or Edwards moved to approve the staff recommendation thereby
maintaining the existing preferential parking zone and continuing
the present policy of issuing citations but not towing vehicles
which do not display permits in the preferential parking zone.
Second by Councilmember Reed. Accepted by the maker and second was
Councilmembe~ Zane's addition to the motion that (1) staff evaluate
enforcement o£ procedures and hear some complaints with specific
cut-off points in the citation procedure, essentially creating an
open-door which ought to be evaluated and addressed, and (2) ask
the City Attorney and City Manager to review whether a fine would
be more a effective enforcement measure than towing. The motion
was approved by the following vote:
Council Vote: Unanzmously appxoved 7-0
Councilmember Epstein moved to hear Ite~s 14-D and 14-H next.
Second by Mayor Edwards. The motion was unanimously approved.
14-D AND 14-H: COLLEGE PARKING: Presented were requests £rom
Councilmember Zane and Councilmembex Epstein to discuss concerns of
neighbors on 20th Street and the request of Attorney Cheryl
Miltenberger to address Council regarding Eighteenth Court college
parking. Councilmember Zane moved to hear from members of the
public for three minutes each. Second by Councilmember Reed. The
motion was unanimously approved. Melissa Hi11, President, Santa
Monica Chapter, Campazgn for Ecomonic Democracy, spoke in
opposition ta implementation of the Santa Monica College proposal
for parking on Eighteenth Court. Cheryl Miltenberger reques~ed a
letter from the City to the College asking them to discontinue
their plan because of traffic safety and conjestzon, and asked the
City for a traffic study. Lottie Cowan, Attorney representing over
E00 tenants on 20th Street, indicated that letters had b~en written
to the City Attorney, Planning Director, Mayor, and Council
November 29, i983
relating to the question of title to the strip of property on which
the college is planning to create a parking lot. Discussion was
held. Councilmember Reed moved that Council direct the Mayor to
write a letter, with support o~ Council, to the Santa Monica
College Board o£ Trustees urging deferral o£ action on turning this
S foot wide parking strip into a parking zone until the City
Attorney's office has had an opportunity to address related legal
questions. Second by Piayor Pro Tempore Press. Councilmember Zane
moved an amendment to also suggest to the College Board that they
proceed with the Planning Task Force in a more aggressive fashion
to try to resolve the larger ovezall parking problems and delay
this matter pending some significant ef£ort and successful
resolution of the parking problems at large in the area, and tp
pledge available resources of the City to assist them in that
process. Discussion was held. The amendment was accepted by maker
and second of motion. Maxor Edwards moved to continue the meeting
past 12:30 A.M. Second by Councilmember Conn. The motion was
approved by unanimous vote. Mayor Edwards summarized the motion
that he would send a letter of their concerns to the College with
Council names included and he urged Councilmembers to contact
members of the College to express their individual concerns. The
motion was approved by unanimous vote. (Councilmember Zane
departed at I2:40 A.M.)
11-H: HAZARDOUS MATERIAL STORAGE: Presented was a staff report
recommending direction to the City Attorney to prepare an emergency
ordfnance to regulate hazardous material storage. Councilmember
Epstein moved to hear memebrs af the public for two minutes each.
Second by Councilmember Conn. The motion was approved by unanimous
vote. Ken Denny, Western Oil and Gas Association, and Joni
Anderson spoke in favor of the staff recommendation. Councilmember
Epstein moved to approve the staff recommendation thereby directing
the City Attorney to prepare an emergency ordinance regulating
hazardous materials storage £or review by the Citjy Counci~ prior
to January 1, 1984. Second by Councilmember Conn. The motion was
approved by the following vote:
Council Vote: Unanimousl~ approved 6-0
Absent: Councilmember Zane
Z1-I: GENERAL TELEPHONE RATE PROCEEDINGS: Presented was a sta£f
report recommending discontinuance of participation in 1983 General
Telephone Company rate proceedings. Discussion was held. Mayor
Edwards moved to approve the recommendation of the City A~torney to
discontinue participation in General Telephone Company 1983 rate
proceedings before the Public Utilities Commission. Second by
Councilmember Reed. The motion was approved by the following vote:
6 November 29, 1983
Counci~ Vote: Unanimously approved 6-0
Absent: Councilmember Zane
11-J: CLOSED SESSION: Held later in the evening.
14-B: Heard later in the evening.
14-D: Heard with 14-H earlier in the evening.
14-F: Heard later in the evening.
14-H: Heard with 14-D earlier in the evening.
14-I: Heard later in the evening.
14-J: APPEAL~INTERIM DEVELOPMENT PERMIT, 2222 LSNCOLN BOULEVARD:
Presented was the request of Councilmember Epstein to discuss a
letter from Paul A. Pensig req~esting hearing on Decem~er 13, i983,
regarding appeal, Interim Development Permit vo. 146, project at
2222 Lincoln Boulevard. Discussion was held in regard to lack of
proper hearing notice to the appellant. Pau~ Aensig, attorney for
the appellant/applicant, was present during the discussion.
Councilmember E~stein moved to reconsider the appeal and direct
staff to prepare a hearing notice for January 10, 1984 Council
meeting. Second by Mayor Edwards. The motion was approved by the
following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Zane
14-K: LIVE HORSES IN PET SHOPS: Presented was the request of
Councilmember Reed to discuss clarification of the Municipal Code
pertaining to horses. Councilmember Reed moved to hear from Mr.
Davis for three minutes. The motiqn was duly seconded and
unanimously approved. Chuck Davis, B. Shagnasty's Pet Auditorium,
spoke to request that their pet shop be permitted to have two
miniature horses an display for children to pet and to dispiay at
schools. Discussion was held. Councilmember Reed moved to direct
, the City Attorney to prepare an ordinance amending Munfcipal Code
~ Section 4107 to facilitate the display, but not the sale of
miniature horses related to pet stores. Second by Councilmember
Epstein. Discussion was held. fihe motion was approved by the
following vote:
Council Vote: Affirmative: Counciimembers Conn, Epstein,
Jennings, Reed and ~ayor Edwards
~ ~ November 29, 1983
Negative: [~ayor Pro Tempore Press
Absent: Councilmember Zanew
14-B: RENT CONTROL BOARD ANVUAL REPORT: Presented was the request
of Councilmember Epstein to discuss the Rent Control Board Annual
Report and the supervisory role o£ the Council. Councilmember
Epstein indicated that the City Charter requires an Annual Report
to be given. Discussion was held. Councilmember E~stein moved to
request the City Manager to transmit to the Rent Control Board the
request of Council to be brought up-to-date within 30 days. Second
by Councilmember Reed. The motion was approved by the following
vote:
Council Vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, Reed and Mayor Edwards
Abstain: Mayor Pro Tempore Press
Absent: Councilmember Zane
14-F: MURAL ON FDURTH STREET AND OCEAN PARK SOULEVARD: Presented
was a request from Councilmember Conn to discuss the mural on
Fourth Street and Ocean Park Bou~evard. Councilmember Conn moved
to dir~ct the City staff to communicate to Mrs. Golden that the
City will not be extending Contract No. 3568(CCS) for preparation
of the FouYth Street mural, and to refer the matter to the Arts
Commission for their recommendation in regard to completian.
Second by Councilmember Reed. The motion was approved by the
following vote:
Cauncil Vote: Unanimously approved 6-0
Absent: Councilmember Zane
14-I: SOCIAL SERVICES COMMISSION: Presented was a letter from
Peter Belsito resigning membership on the Social Services
Commission. Mayor E~wards moved to accept the letter of
resignation from Social Services Commissioner Peter Belsito and to
authorize the City Clerk to publish a notice of vacancy. Second by
Cauncilrnember Conn. 'Ptie motion was approved by the foilowing vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Zane
14-L: THIRD STREET MALL CORPORATION: Presented was the request of
Councilmember Zane to extend the deadline for Third Street Mall
Corporation membership applications to December 7, 1983.
8 November 29, 1983
Councilmember Keed moved to approve extension of the deadline to
December 7, 1983. Second by Mayor Edwards. The motion was
approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Zane
11-J: CIASED SESSION: Presented was a request to hold a Closed
Session to discuss pending litigation and personnel matters. At
1:35 A.M., Mayor Edwards moved to ad~ourn to Closed Session for the
stated purposes. 'I~e motion was duly seconded and approved by
unanimous vote. At 2:02 A.M. Councilmembers reconvened with the
following members present: Councilmembers Conn, Epstein, Je~nings,
Press, Reed and Mayor Edwards. Mayor Edwards announced that no
action had been taken.
ADJOURNMENT: At 2:03 A.M., Councilmember Conn moved to adjourn the
meeting to 5:30 P.M., December 6, 1983 for a joint meeting with
City Boards and Commissions, adjourn~nent to be in memory of Aicira
Komai, Edwin L. Talmage, John G. Stephan and Mary Hadlock. Second
by Councilmember Epstein. The motion was approved by the following
vote:
Council Vote: Unanimoasly approved 6-0
Absent: Councilmember Zane
ATTEST: A OV .
~.~, ~~;~~~Y~~ ~ ~. . ~
Ann M. 5hore Edwards
City Clerk Mayor
9 November 29, 1983