M-11/15/1983CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 15, I983
A meeting of the Santa Monica City Council was called to order at
7:32 P.M. by Mayor Pro Tempore Press on Tuesday, November I5, 1983,
having been continued from November 8, i983. Councilmember Zane
led the assemblage in the pledge of aiiegiance to the United States
of America.
Roll Call: Present: 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
Assa.stant City Attorney Stephen Stark
City C1erk Ann M. Shore
Absent: Mayor Ken Edwards
Councilmember Zane moved to add Items 14-H, 14-I, 14-J and 14-K.
Second by Councilmember Conn. The motion was approved by unanimous
vote .
Councilmember Conn moved to continue Item 11-A to November 22,
1983, as requested by staff. Second by Councilmember Zane.
Discussion was held. The motion was approved by a vote of five in
favor, Councilmember Reed opposed.
5-A: PIEK RESTORATION CORPORATION: Presented was a sta~f ]report
recommending approval of Articles of Incorporation and Bylaws of
the Pier Restoration Corporation and authorizing the City Manager
to develop an Interim Agreement and Service Contract with the
; Corporation for Council approval. Discussion was held. At 8:30
! P.M., Councilmember Zane moved to open discussion to the public.
Second by Councilmember Reed. The motion was approved by unanimous
vote. There bezng no mem}~ers of the public wishing to speak, at
8:30 P.M., Councilmember Epstein moved to close the meeting to
public participation. Second by Councilmember Zane. The motion
was approved by unanimous vote. Councilmember Epstein moved to
approve the Artic2es of Incorporation and Bylaws of the Pier
Restoration Corporation, as revised in the staff report dated
1 November ].5, 1983
November i5, 1983, amended as folZows: on page 4 of the Bylaws, the
third fuZl paragraph, the sixth line, should be changed to read:
...A Director may be removed without cause by the vote of five
Councilmembers..."; on page 9, a portion of Section 3, Prohibited
loans and Guarantees, be changed to read "...loan money to or for
the benefit of the Chief Executive Officer"; on the third and
fourth lines of that same subdivison, say "said" officer instead of
"the" officer. Second by Councilmember 'Jennings. Councilmember
Reed moved an amendment to change the Bylaws on page 4, Section 8,
Special Meeings, to delete "three directors" as the number of
directors who might calZ a special meeting and insert instead "any
seven directors." Second by Mayor Pro Tempore Press. The
amendment was included in the motion by the maker and second of the
motion. Councilmember Zane moved an amendment to the motion
revising the Bylaws so that regular meetings shall be held monthly
and that in no event shall fewer than ten meetings be held in a
given year. Second by Councilmember Reed. `Phe amendment was
approved by the following vote:
' Council Vote: Affirmative: Councilmembers Conn, 'Jennings, Press,
Reed, Zane
Negative: Councilmember Epstein
Absent: Mayor Edwards
Councilmember Zane moved an amendment revising page 1 of the Bylaws
to provide that the member has the authority to initiate and
approve any amendments to the Bylaws. Second by Councxlmember
Reed. The maker and second accepted the amendment into the motion.
Councilmember Zane moved an amendment to the main motion to delete
from Bylaws Section 3(c) authority which provides the ability to
make loans to or for the benefit o£ the Chief Executive Officer for
the p~rpose of procuring a residence. Second by Mayor Pso Tempore
Press. Discussion was held. 'I't-e amendment was approved by the
following vote:
Council Vote: Affirmative: Councilmembrs Conn, "~ennings, Press,
Reed and zane
Negative: Councilmember Epstein
Absent: Mayor Edwards
Councilmember Epstein moved an amendment to the Bylaws on page 4,
Section 8, to add the City Manager to the list of those able to
call a Special Meeting. Second by Councilmember Zane. Discussion
was held. Councilmemb~r Epstein, with the consent of the second,
withdrew the motion. The main motion, as amended, was approved by
the following vote:
November I5, 1983
Council Vote: Unanimously approved 6-0
Absent: Mayor Edwards
Councilmember Zane moved to appoint the City Manager as the Sole
Incorporator of the Pier Restoration Corporation. Second by
Councilmember Reed. Councilmember Zane moved an addendum to the
motion to approve recommen8ations 2 through 7 on page S of the
staff report as £ollows: direct the Sple Incorporator to execute
and cause to be £iled the Articles of Incorporation, direct the
Sole InCOrporator to adopt the ByZaws, direct the Sole Incorporator
to elect the slate of Directors, previously adopted by Council on
September 13, 1983; direct the City Manager to negotiate an Interim
Agreeraent for services to be provided by the Pier Restoration
Corporation for the remain8er of fiscal year 1983-84 and return to
Council for approval no later than December 13, 1983; direct the
City Manager to develop and negotiate a Service Contract which wiZl
define the role and resppnsibility pf the Pier Restoration
Corporation and return to Council for approval no later than June
1, 1984. Second by Councilmember Epstein. The motion was approved
by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Mayor Edwards
6-A: APPROVAL OF MINUTES: Minutes of City Council meeting of
October 25, 1983 were presented for approval. Councilmember Conn
moved to approve the minutes of October 25, 1983. Second by
Councilmember Egstein. The motion was approved by the following
vote:
Council Vote: Unanimously 6-~
Absent: Mayor Edwards
Councilmember Zane moved to consider Item 11-D at this time.
Second by Councilmember Reed. The motion was approved by unanimous
vote.
11-A: WILSHIRE BOULEVARD STREETSCAPE DESIGN: Continued to
November 22, 1983.
11-D: SANTA MONICA AIRPORT: Presented was a staff report
,recommending approval af the Airport Plan and related actions.
;Consultants Robert Crowley and Vince Mestry spoke regarding airport
'design and noise control programs. Discussion was held.
Councilmembet E~stein moved to hear from members of the public for
three minutes each. Second by Mayor Pro Tempore Press. The motipn
~3 November 15, 1983
was approved by unanimous vote. Barry Schzff, Director of Santa
Monica Airport Association, spoke in favor of leaving the runway as
it is and in opposition to the proposed displaced threshold.
Charles Locko, representing California Aviation, Inc., spoke in
opposition to the Plan in that i£ fails to recognize lessee rights
and relocation costs. Brian Arzounian, homeowner, spoke in
objection to the Airport noise. Bernard Bienstock, resident, spoke
objecting to Airport noise. Charles Davis, resident, spoke
objecting to Airport noise, Rol Murraw, member of Airport
Association, spoke in objection to the large amount of lan8 lost
making the Airport less viable. Gary Danforth, resident and
Airport businessman, spoke in opposition to the displaced threshold
and requested internal traffic pian and parking solutions. Griff
Hoerner, Airport employee, spoke in favor of Plan compromises and
in support of Airport activities. Deborah and Charles Walker,
residents, spoke in objectzon to Airpprt noise. Viren Mothia,
resident, spoke in objection to Airport noise. John Thomson,
flyer, spoke in objection to the displaced threshold and decreased
tie downs. Matthew Conolly, resident, spoke in in favor of the
Plan but objected to Airport noise. H. L. Saulsberry, resident,
spoke regarding increased traf£ic due to new construction at Ocean
Park Boulevard and Centinela Avenue and additional traffic
resulting from Airport development. 'John Neustrom spoke to inquire
about ground lease terms and was referred to staff. Robert Gunne~l
spoke in favor of efforts but in objection to the open-ended nature
of the plan to the disadvantage of aviation interests. Jim
Johnson, representing 22 individual hangar owners, spoke in
objeetion to the need to relocate on the Airport land. Fernando
Heyer, resident, s~oke in ob~ection to Airport noise and curfew
violations. Donald Brandsen, pilot, spoke to request additional
consideration of safety, usage, aircraft traffic conditions and
functionazity. Jim Sharp~ resident, spoke in objection to Airport
noise and suggested actions to decrease activity. Councilmember
Epstein moved to continue discussions until 12:00 midnight. Second
by Councilmember Press. The motion was approved by u~animous vote.
Alan Weston, resident and pilot, spoke in regard to the safety
problem of a shortened runway and commended Council for coming to
grips with the issue and getting residents and Airport users
together.
Discussion was heid. Councilmember Conn moved to adopt Resolution
NO. 6779(CCS) entitled: "A RESOLUTION OF THE GITY COUNCIL OF 'I`fiE
CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT ~N AIRPORT LAYOUT CONCEPT PLAN AND NOISE MITIGATTON PROGRAM
FOR SANTA MONICA MUNSCIPAL AIRPORT," reading by title only and
waiving £urther reading thereof. Second by Councilmember Zane.
The motion was approved by the following vote:
Counci~ Vote: Unanimously approved 6-0
4 November 15, 1983
Absent: Mayor Edwards
Councilmember Conn moved to approve recommendations 2 through 10 of
the staff report as follows: (2) approve the Santa Monica Airport
Layout Plan and Noise Mitigation Program {adoption of resolution
deferred until negotiations with FAA have been concluded). (3)
authorize negotiation and execution of Contract No. 4054{CCS) with
the Federal Aviation Administration resolving the legal controversy
and establishing the governing principles for the operation of the
Airport until the year 2015. (4) authorize submission to the FAA
af the Aiport Layout Plan showing physical dimensions for the
proposed re-designed Airport, {5) direct the City Attorney to
prepare an ordinance establishing a comprehensive noise mitzqation
program, (6) authorize the positions of Airport Manager and Airport
Noise Officer and adopt Resolution No. 6780(CCS) entitled: "A
RESOLUTION OF THE CITX COUNCIL OF THE CITY OF SANTA MONTCA ADOPTING
A SALARY FOR THE POSITIONS OF DIRECTOR OF MUNICIPAL AIRPORT AND
NOISE ABATEMENT OFFICER," reading by title only an8 waiving further
reading thereoE, and authorize hiring of a Senior Administrative
Analyst to serve as Airport Development Project Manager, (7)
authorize preparetion of applications for federal grants for
funding to implement the Airport Plan, including construction of
facilities and physical improvements, planning, and noise abatement
equipment and studies, terms of these grant applications ta be
consistent with the primary contract with the FAA, (8) direct City
sta~f to implement the Airport Plan and Noise Mitigation Program as
recommended, including preparation of Requests for Proposals for
aviation-related leases, authority to negotiate with existing
airport lessees to resolve outstanding legal controversies, and
development of detailed schedules and fiscal analysis of proposed
improvements, (9} direct City staff to develop a process for
planning for uses of the residual land, including coordination with
appropriate Commissions, (10) appropriate $55,772 in order to
implement the above actions, funds available in the Airport Fund.
Second by Councilmember Zane. Discussion was held. Councilmember
Zane moved to amend the portion of the Plan which talks about
developing a method for purchasing homes that are still heavily
impacted for insulation and resale--to include that staff work on
developing a plan for assisting noise-impacted neighbors within
specific contours in the insulation of their homes to further
reduce the impact of noise. Councilmember Conn accepted this as a
friendly amendment; further including in the motion is approval o£
the classification specifications for the Director of the Municipal
Airport and Noise Abatement Officer. Second by Councilmember Zane.
Discussion was held. The motion was approved by the following
vote:
Council Vote: Unanimonsly approved 6-0
November 15, 1983
Absent: Mayor Edwards
10-A, 10-B AND 14-E: Councilmember EPstein moved to continue Items
1~-A, ZO-B and 14-E to November 22, 1983, as "5" items. Second by
Coancilmember Conn. The motion was approved by ananimous vote. A
recess was held at 11:35 P.M. Council reconvened at 11:45 P.M.
with all members present as at the roll call.
12-B: CONDOMINIUM CONVERSION, 631-705 BAY STREET: Presented was a
staff report recommending Findings and Conditions in connection
with an appeal from the Planning Commission's denial af Tentative
Tract Map No. 37984 (DR 207) regarding a 16-unit condominium
coaversion at 631-705 Bay Street by applicant/appellant Billie
Sorrel, considered November 8, 1983. Councilmember Reed moved to
make Findings, Decision and Conditions included in the staff
report. Second by Councilmember Zane. Councilmember E~stein moved
to amend the wording on gage 6 of the Findings, last sentence of
paragraph (e) to read as follows: "The City Council believes that
it is unlikely to encounter such a unique situation in the future"
(eliminating "and that all £uture applicants will be required to
comply with the Housing Element"). Second by Councilmember
Jennings. Discussion was held. The amendment failed by the
following vote:
Council Vote: Affirmative: Councilmembers Epstein and Jennings
Negative: Couneilmembers Conn, Press, Reed and
Zane
Absent: Mayor Edwards
The main motion was approved hy the following vote:
i Council Vote: Affirmative: Councilmembers Jennings, Press, Reed
, and Zane
Negative: Counciimembers Conn and Epstein
Absent: Mayor Edwards
Councilmember Epstein asked that the record reflect that his
negative vote is due to the rejection of the amendment, otherwise
he is in agreement with the findings.
14-F: RENT CONTROL/USE OF OF LEGAL SERVIC~S: Presented was the
req~est of Councilmember Epstein to discuss a letter from David
SheZl, Svuthern California Legal Foundation, regarding Rent Control
Board's authority to eontract for outside legal services without
Coancil approval. Councilmember Epstein moved (1) that Council
6 November 15, 1983
intends to ratify the contracts for outside legal services to the
Rent Control Board that have ben made up to the present and
requests a speeific staff report enumerating the same for November
22nd meeting, (2) to direct the City Attorney to conduct an audit
o£ the current legal needs of the Rent Control Board with respect
to the following questions: (a) adequacy of management of their
litigation programs, (b) availability of resources within the City
Attorney's office to provide guidance and/or assistance to the Rent
Control Board in its litigation activities, and (c) the need for
and standards for hiring outside legal counsel for the Rent Control
Board and how the same should be financed--that is, through Rent
Control Board fees or City £unds; {3} to request the City Attorney
to report at the November 15th meeting with a time estimate and an
estimate of need for outside consultant help in conducting this
legal audit. Second by Councilmember Reed. Discussion was held.
Counci3member Conn moved to extend the meeting until 1:00 A.M.
including Closed Session. Second by Councilmember Reed. The
motiion was approved by unanimous vote. The motion regarding the
Rent Control Board failed by the following vote:
Council Vote: Affirmative: Councilmemnbers Epstein and Reed
Negative: Councilmembers Conn, Jennings, Press
and Zane
Absent: Mayor Edwards
Councilmember 'Jenninqs said he is votinq against the motion in his
belie£ that the Charter requires that legal services should be
provided by the City Attorney's office rather than by attorneys
hired by the Rent Control Board; further that outside counsel
should not be hired without direct City Councxl approvai; therefore
he does not believe these outside legal services out to be
monitored because there ought not to be any outside services.
14-H: TASK FORCE ON LATINO AFFAIRS: Presented was the request of
Councilmember Conn to discuss appointment of three members to the
Task Foree on Latino Affairs, additional to the thirteen members
appointed at the meeting of November 8. Councilmember Conn
nominated Jesus Arquelles and Rafael Barba as members and Esquivias
Salvador as alternate member to the Task Force on Latino Affairs,
Councilmember Zane nominated alternate members Reynaldo Arroyo and
Ramon Martin Garcia as alternate members. CpunCilmember Zane moved
to suspend regulations and appoint members as nominated. Second by
,Councilmember Conn. Discussion was held. Councilmember Jennin~s
'moved to table the matter to November 22, 1983, ~to permit Council
'review of appiications. Second by Councilmember Epstein. The
motion was approved by unanimous vote.
'7
November 15, 1983
I4-I: PARKING ADJACENT TO WILSHIRE BOULEVARD~YALE STREET:
Presented was~the request of Councilmember Zane to discuss parking
restrictions on neighborhood streets adjacent to Wilshire Boulevard
such as Yale Street. Councilmember Zane introduced discussion.
Following discussion, it was agreed that Councilmembr Zane would
contact people who have spoken to him on the matter to give them an
historical explanation and offer them the opportunity to raise the
question before the Council after considering it with their
neighbors.
Z4-J: COMMISSTON ON STATUS OF WOMEN: Presented was a letter of
resignation of Elizabeth Macias from Commission on t~e Status of
Women. Councilmember Epstein moved to accept, with regret, the
resignation of Elizabeth Macias from the Commission on the Status
of Women and authorize the City Clerk to publish a notice of
vacancy. Second by Councilmember Conn. The motion was approved by
unanimous vote.
14-K: FEDERAL CABLE L~GISLATION: Presented was the request of
Councilmember Press to discuss support of resolution to be
presented at the forthcoming National League of Cities Conference
regarding federal cable legislation. Counciimember Press
introduced discassion and asked for direction in regard to
expressing a City positian at the forthcoming League meeting which
she would attend. Discussion was held. Councilmember Zane moved
to refer the matter to the Cable Communications Task Force
requesting them to respond to Council by November 22, 1983.
Second by Councilmember Conn. With the consent of the second,
~ouncilmember Zane included in the motion the request of
Counciimember Conn that staff make telephone contact with
representatives in Washington to obtain reasons for support or
opposition for Council's information. The motion was approved by
unanimous vote.
11-E: CLOSED SESSION: Presented was a request for Closed Session
to discuss periding litigation and pezsannel matters. At 12:35
A.M., Councilmember Zane moved to adjourn to Closed Session fvr the
stated purposes. Second by Councilmember Conn. The motion was
approved by unanimous vote. At 12:45 A.M., Co~ncil reconvened with
members present at at the roll call. No action was taken during
the Closed Session.
ADJOURNMENT: At 12:45 P.M., Councilmember Conn moved to adjourn
the meeting in memory of Margaret Weber, Donald Andrew Nelson and
Daniel Roger 0'Neill. The motion was seconded and approved by the
following vote:
Council Vote; Unanimously approved 6-0
8 November 15, 1983
Absent: Mayor Edw
ATTESTS:
~ -
~~~~
Ann M. Sh~~~~-
City Clex'k
November 15, 1983
Mayor Pro Tempore