M-5/22/1984
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 22, 1984
A meeting of the Santa Mon1ca City Council was called to order by
Mayor Edwards on Tuesday, May 22,1984, at 7:35 P.M. in the
Council Chambers. Councllmember Epstein led the assemblage 1n
the pledge of allegiance to the United States of America.
Reverend Charles Elswick, First Christian Church, offered the
invocatlon.
Roll Call: Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores Press
Councilmember James P. Conn
Councilmember David G. Epstein
Councilmember William H. Jennings
Councilmember Christine E, Reed
Councilmember Dennis Zare
(entered 7:45 P.M.)
City Manager John H. Alschuler, Jr.
Clty Attorney Robert M. Myers
City Clerk Ann M. Shore
4-A: EMPLOYEE SERVICE PINS: Presentation of employee p1ns was
continued to a later meeting to enable persons to be present.
4-B: BOARD AND COMMISSION VACANCIES: Vacancles on Boards and
Commissions were announced. There being no obJectlon, the City
Clerk was d1rected to follow the suggestion of Councllmember Conn
to add a sentence to the annual notice of vacanC1es to provide
that add1 tlonal vacancies WhlCh may occur between r:ow and June
30, 1984, are also included 1n this notice.
At 7:42 P.M., Counc11member Conn moved to
meeting to hold Redevelopment Agency
meetl ngs. Second by Mayor Edwards. The
unanimous vote.
recess the City Council
and Parking Authority
motIon was approved by
REDEVELOPMENT AGENCY SPECIAL MEETING
A special meetirg of the Redevelopment Agency was called to order
at 7:42 P.M, by Chalrperson Edwards.
Roll Call: Present: Chairperson Ken Edwards
Chairperson Pro Tempore Dolores Press
Agency Member James P. Conn
Agency Member DavId G. Epstein
Agency Member Wllliam H. Jennings
Agency Member ChrIstine E. Reed
Agency Member Dennis Zane
(entered 7:45 P.M.)
May 22, 1984
21
Executlve Director John H. Alschuler, Jr.
Agency Attorrey Robert M. Myers
Agency Secretary Ann M. Shore
RA-1: APPROVAL OF MINUTES: Agency Member Conn moved to approve
the minutes of the Redevelopment Agency meetlng of February 14,
1984 and February 28, 1984. Second by Chairperson Pro Tempore
Press. The motion was approved by the following vote:
Agency Vote: Unanlmously approved 6-0
Absent: Councilmember Zane
RA-2: PERCENT FOR ART PROGRAM: Presented was a staff report
recommending adoption of a resolution establishing the Percent
for Art Program. Agency Member Conn moved to adopt Resolution
No. 384(RAS) entitlea: "A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SANTA MONICA ADOPTING A PERCENT FOR ART PROGRAM,"
readlng by title only and waiving further reading thereof.
Second by Chairperson Pro Tempore Press. The motlon was approved
by the following vote:
Agency Vote: Afflrmative: Members Conn, Jennings, Press, Zane
and Chairperson Edwards
Negative:
Members Epstein and Reed
Agency Members Epstein and Reed requested that the record reflect
their reasors for voting no have been prevlously stated on many
occasions during dlScussion of thlS ltem before the Clty Council.
At 7:47 P.M., A6ency Member Conn
Redevelopment Agency meetlng. Second
motion was approved by unanimous vote.
moved to adJourn
by Member Epstein.
the
The
PARKING AUTHORITY SPECIAL MEETING
A special meeting of the Parking Authority was called to order at
7:48 P.M. by Chairperson Edwards.
Roll Call: Present: Chalrpersor Ken Edwards
Chairperson Pro Tempore Dolores Press
Authorlty Member James P. Conn
Authorlty Member David G. Epstein
Authorlty Member William H. Jennlngs
Authorlty Member Christlne E. Reed
Authorlty Member Dennis Zane
Executlve Dlrector John H. Alschuler, Jr.
Authority Attorney Robert M. Myers
Authority Secretary Ann M. Shore
PA-1: PERCENT FOR ART PROGRAM: Presented was a staff report
recommendlng that the Parking Authority adopt a resolution
establishHlg a Percent for Art Program. AuthorltyMember Conn
moved to adopt Resolution No. 179(PAS) entitled: "A RESOLUTION
2
May 22, 1984
OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA ADOPTING A
PERCENT FOR ART PROGRAM," readlng by tltle or:ly and waivlng
futher readlng thereof. Second by Chairperson Pro Tempore Press.
The motion was approved by the followlng vote:
Authorlty Vote: Affirmatlve:
Members Conn, Jennings, Press,
Zane and Chairperson Edwards
Negative:
Members Epstein and Reed
Authori ty Members Epsteln and Reed requested that the record
reflect their negative vote for reasons prevlously stated at Clty
Council dlScussions on the matter.
At 7:53 P.M., Member Epstein moved to adJourn the Parking
Authorlty meeting. Second by Member Conn. The motion was
approved by unanlmous vote.
CITY COUNCIL REGULAR MEETING
At 7:53 P.M., City Council reconvened
members present. Councilmember Conn
14-D, 14-E, 14-F, 14~G, 14-H and 14-1
was duly seconded and approved by
Councllmember Epsteln opposed.
in regular session wlth all
moved to add i terns 11-C,
to-the agenda. The motion
a vote of SlX in favor,
5-A: COMMUNITY SERVICES CENTER/922 BROADWAY AND 1501 NINTH
STREET: Presented was a staff report recommenaing approvals
regardlng the purchase and rehablll tat ion of property at 922
Broadway and 1501 Ninth Street for a Community Servlces Center.
Discussion was held. Courcilmernber Zane moved to hear from
members of the pUblic for three minutes each. The motion was
seconded and unanimously approved.
The following members of the pUblic spoke ln regard to the
matter: Herb Reich, Bernlce Bratter, Karen Howard, Carole
Currey, Douglas Wlllis, Janie Peet, Nan O'Donnell, Mandy Johnson,
Ruth Levy, Harry Gewertz, MaryAnn Fraser, Prlscilla Balderas,
Esther Valadez, Laurie Rozet, Carole Witherill, Jolene Labastlna,
Maria Arechaederra, Carolyn Butcher, Jolene Cabastida, Kate
Kaplan, Lauren Burton, Barbara Nlles, Kelly Yarmolovich, C.C.
Bradley and Sandra Saunden. DiscUSSlon waS held. Councllmember
Conn moved to continue the matter to June 19, 1984 to permit
evaluation by a committee not lnvolved with the three bodies who
have partlclpated to date. Second by Mayor Edwards. The rnotlon
was approved by the following vote.
Council Vote:
Unanimously approved 7-0
A recess was held from 9:35 P.M. to 9:40 P.M.
D1Scusslon was held ln regard to the order of the agenda. There
being no objection the agenda was consldered H: the order as
follows.
5-B: 1983-84 BUDGET ADJUSTMENTS: Continued to May 29, 1984.
3
May 22, 1984
21
6. CONSENT CALENDAR: The Consent Calendar was presented
whereby all items are considered and approved In one motion
unless removed from the Calendar for discussion. ,Councilmember
Conn moved to approve the Consent Calendar with the~iception of
Items 6-C, 6-J I 6-Q and 6-R, readlflg resolutlons and ordinances
by tl tIe only and waiving further readHlg thereof. Second by
Councilmember Epstein. The motion was approved by the following
vote:
Council Vote:
UnanimOUSly approved 7-0
6-A: APPROVAL OF MINUTES: The minutes of the Clty Council
meeting of February 28, 1984, were approved as written.
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No.
6861(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-D: PHYSICALLY HANDICAPPED PARKING ZONE: Resolution No.
6863(CCS) entitled: ftA RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE ADJACENT
TO 958 LINCOLN BOULEVARD," was adopted.
6-E: REPAIR DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
6864(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR
OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-84-56),"
was adopted.
6-F: STATE PARK BOND ACT OF 1984: Withdrawn at the request of
staff.
6-G: FINAL SUBDIVISION MAP AT 631-705 BAY STREET: Resolutlon
No. 6865(CCS) entltled~ "A RESOLOTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF
TRACT NO. 37984," was adopted, regarding a 16-unit condominlum
conversion project, Billle Z. Sorrell, appllcant.
6-H: PREFERENTIAL PARKING ZONE/HILL STREET BETWEEN THIRD AND
FOURTH STREETS: Recommendation that the Clty Attorney prepare an
ordlnance to establish a preferential parking zone on Hill Street
between Third and Fourth Streets was approved.
6-1: HOLIDAY PARKING ENFORCEMENT: A recommendation that City
Attorney prepare an ordinance amendment to reVlse the definitlon
of "Holiday" ln Municlpal Code Section 3388(b) for parking
purposes was approved.
6-K: BIKELANES: A recommendation to lnstall bikelanes on
California Avenue between Ocean Avenue and 17th and on Arizona
Avenue between 26th and Lincoln Boulevard was approved.
4
May 22, 1984
6-L: WATER METERS: Bld No. 1945 was awarded to Neptune Meter
Copany in the amount of $95,658.30 for water meters for the Water
Division.
6-M: STREET PAVING MIXES: Bid No. 1946 was awarded to Blue
Dlamond Materials Company at unit prices bld for hot asphaltlc
street paving mixes.
6-N: TIRE RECAPPING SERVICES: Bld No. 1947 was awarded to
Western Bandag, Inc., as per-unit prices bid for tlre recapping
services for the Mechanical Maintenance D1V1Slon.
6-0: SENIOR CITIZENS NUTRITION AND RECREATION PROGRAM: Bld No.
1943 was awarded to SorensenUCaterlng to provide meal serVlce for
the 1984-85 Flscal Year for the Senior Cltizens Nutrition af'd
Recreation Program.
6-P: WORKERS COMPENSATION DEPOSIT: A recommendatlon was
approved to oppose SB 1509 (Greene) which would require that
self-lnsured public employers deposit with the State 100'$ of
thelr !labillty for Workers Compensatlon claims.
END OF CONSENT CALENDAR
6-C: TOXIC CHEMICAL DISCLOSURE: Presented was a staff report
transmi ttlng a resolution set-ting s publlC hearing for June 26,
1984, on proposed changes to the 1984 Toxic Chemical Disclosure
Form. Member of the PubllC, Wayne Hall spoke to request that the
PTA be notifled ln regard to the hearing. Councilmember Conn
moved to adopt Resolution No. 6862(CCS) entitled: "A- -itESOLHTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING
DATE FOR PUBLIC COMMENT REGARDING CHANGES IN THE TOXIC CHEMICAL
DISCLOSURE FORM," reading by title only and wSlving further
readlng thereof, setting a publlc hearing for June 26, 1984.
Second by Councllmember Epsteln. The motlon was approved by the
following vote:
Council Vote:
Unanlmously approved 7-0
6-J: CLARE FOUNDATION/907-909 PICO BOULEVARD: Continued to May
29, 1984.
6-Q: CONVENTION AND VISITORS BUREAU BYLAWS: Continued to May
29, 1984.
6-R:
1984.
1984-85, BUDGET HEARING SCHEDULE:
Contlnued to May 29,
8-A: TOpC CHEMICAL DISCLOSURE LAW: Presented was a staff
report transmitting an ordlnance for introductlon and flrst
reading amending the Munlcipal Code to require Materlal Safety
Data Sheets in connection with the Toxic Chemlcal Disclosure Law.
The public hearing was declared open at 9:51 P.M. Wayne Hall
spoke in support of tOX1C chemical disclosure regulatlons. There
belng no one else wishing to speak to the matter, Councilmember
Conn moved to close the public hearing at 9: 53 P. M. Second by
5
May 22, 1984
21
Councllmember Epsteln. The motlon was approved by unanimous
vote. Councilmember Epstein moved to introduce for first reading
an ordlnance entl tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 5302
RELATING TO TOXIC CHEMICAL DISCLOSURE," reading by title only and
wai ving further readlng thereof. Second by Councilmember Conn.
The motlon was approved by the following vote:
Councll Vote:
Unanimously approved 7-0
11-A:
1984.
SANTA MONICA PIER TENANT LEASES:
Continued to May 29,
11-B: WATER MASTER PLAN: Continued to May 29, 1984.
11-C: KATERINA'S SANDWICH BAR/THIRD STREET MALL: Presented was
a staff report recommendlng approv~l of a. license agreement
between the City and Katerina I s Sandwich Bar for outdoor dining
on the Thlrd Street Mall. Discussion was held includlng
partlclpation by Tlm Boydston, prOject manager who was present to
answer questions. Councllmember Epstein movecj to approve the
staff recommendation thereby approving Contract No. 4128(CCS)
between the City of Santa Monlca and Katerina's SandwiCh Bar to
permit outdoor dlning on the municipally owned area of the Third
Street Mall, 1444 Santa Monica Mall, and authorizing the Clty
Manager to negotiate and execute the llcense agreement. Second
by Councilmember Zane. Further discussion was held. The motion
was approved by the following vote:
Council Vote:
Unanimously approved 7-0
11-D: CLOSED SESSION: Continued to 6:00 P.M., May 29, 1984, by
mot1on made at adjournment on page 10.
12-A: MENTAL HEALTH ASSOCIATION PROJECT RETURN CENTER 1328
SECOND STREET: Presented was a staff report transmltting an
appeal from the decision of the Planning Commission approving
permi ts at 1328 Second Street by appllcant Project Return, Los
Angeles Mental Health Association, to change a building use to
social/vocatlonal rehabilitational faCllity and to renovate and
add a second story on the existing structure. Councilmember
Epsteln moved to hear from the appellant for ten mlnutes, the
appllcant for ten minutes, thelr rebuttals, and then from members
of the public for two minutes each. Second by Councilmember
Reed. The motion was approved by unanlmous vote.
The following persons, having been sworn, spoke in oPPosltion to
the prOJ ect at this location: Roxanna Thomas, appellant, and
John Baron representlng an ad hoc Chamber of Commerce commlttee.
The following persons having been sworn spoke ln support of the
proposed proJect: John Slegel, Dr. Jacqueline Bouhoutsos, Donald
Carllsle, Maurice Edelsteln, Pastor Al Smith, and Rlchard Van
Horn, Executive Dlrector of the Mental Health Assoclation.
Discussion was held ln regard to the hour. At 11:00 P.M.,
Councllmember Epstein moved to contlnue the meetlng to the
following evenlng to conslder 1 tems 12-A and 12-B. Second by
6
1-1ay 22, 1984
Councilmember Reed. The motion falled for lack of sufflcient
votes. Mayor Edwards moved to extend the meeting to 12:00
mldnight for a review of further discussion at that tlme. The
motlon was duly seconded and approved. Discusslon was held In
regard to the matter before the Councll. The followlng members
of the public spoke in support of the proJect: Rose Beien, Sam
Kline, Frank Green, Dennls G. Wilder, Ph.D, Ron Marshall, Pat
Duggan, Andrew Leeds, Ph.D, Darwln James Falr, Ted Holstein,
Beverlee Holsteln, Joseph Mlzrahl, Dr. Edlth Carlisle, Douglas S.
Levltt, Marylee Westbrook, Tom Larmore and Penny Perlman
representlng the Planning Commisslon. The following persons
spoke in opposition to the project at thlS location: Bernard H.
Matthews, Debra C. McClanahan, Mrs. P. Flsher, S. Melwan, Charles
F. Nielsen, Max Laemmle, Stewart Tongret, Chan, Isa Fe lnstein,
Phyllis Goff, Marclle Sullivan, Richard Tyner and Tim Boydston.
Member of the publlC Karl Schober asked questions about the
proJect. During the hearing, Councilmember Epsteln moved to
continue the meeting until 12:30 A.M. Second by Gouncllmember
Reed. The motion was approved by unanimous vote.
Mayor Edwards moved to deny the appeal and uphold the Plannlng
CommiSSlon's approval of the project proposal. Second by
Councilmember Conn. D1Scussion was held. Councilmember Reed
moved an amendment to direct staff to negotiate an addltional
condltion to those imposed by the Plannlng Commlsslon WhlCh would
include a one-year reVlew Wl th conditions to be speciflcally
delineated as r:egotiated between staff ar:d the proJect reVlew
people; the community will then have an opportunity to learn from
this experlmental program and an opportunity to return to tell
Councll what they think about it based on criterIa delineated,
such as particIpators being under a physlclans dlrectlon, that
population and outreach be limlted, etc. Second by Councilmember
Epstein. At 12:30 A.M., Mayor Edwards moved to continue the
meetlng to complete Item 12-A and hear Item 12-B. The motion was
duly seconded and approved by unanlmous vote. Further dlScusslon
was held in regard to the matter before them. Councilmember
Reed's amendment failed by the following vote:
Council Vote:
Afflrmatlve: CounCllmembers Epstein and Reed
Negative:
Councllmembers Conn, Jennlngs,
Press, lane and Mayor Edwards
Councilmember Jennines moved an amendment to add two addltional
requirements: {1) the proponents of the proJect to concentrate on
outreach to Santa Monlca resldents, and (2) the proJect should
not include those who, in addl tion to mental health problems,
also have alcohol or drug abuse problems. Second by
Councilmember Reed. Durlng dlScussion, Councilmember Jennings
wlthdrew the motion. Councllmember Jennlngs moved an amendment
to request the agency to co-nc-e-ntrate - outreach to Santa Monica
residents. Second by Mayor Pro Tempore Press. After dlScussion,
the amendment was approved by the following vote:
Council Vote:
Afflrmative: Councilmembers Epstein, Jennings,
Press, Reed and Zane
7
May 22, 1984
21
Negative:
Councilmember
Edwards
Conn
and
Mayor
Councllmember Jenn1ngs moved to request staff to obtaln a copy of
the semi-annual reVlew of the facility done by the County Health
Department. Second by Councllmember Reed. Discussion was held.
Counci lmember Jennings withdrew the motion. Counc1lmember
Epstein moved an amendment that durlng Phase I the average number
of cllents per day on the regular day-to-day program not exceed
fifty and, during Phase II, not exceed one hundred, not
applicable to special events such as events or lectures. Second
by Councilmember Reed. Discuss10n was held. Councilmember
Epstein's amendment failed by the followlng vote:
Council Vote: Afflrmative: Councilmembers Epsteln and Reed
Negatlve: Councilmembers Conn, Jennings,
Press, Zane and Mayor Edwards
The maln motion was approved by the followlng vote:
Council Vote: Affirmative: Councllmembers Conn, Jennlngs,
Press, Zane and Mayor Edwards
Negative: Councilmembers Epstein and Reed
Councilmember Reed requested that the record reflect that her
reason for voting no lS that the people of Santa Monica have been
denled an opportun1ty to review this program after its first full
year of operation.
CouncllmemberJennln6s moved to dlrect staff to obtain a copy of
the semi-annual review of the facility done by the County Health
Department and refer it to the Social Services Commlssion for
thelr review and comment to the C1ty Counc11 if necessary.
Second by Mayor Edwards. The motion was approved by the
followwg vote:
Council Vote:
Unanimously approved 7-0
A recess was held from 1:15 A.M. to 1:20 A.M.
12-B: CONDITIONAL USE PERMIT/1941 EUCLID STREET: Presented was
a staff report transmitting an appeal of the Planning Commission
approvlng Development Review No. 216 and Condltional Use Permit
No. 362 with a requirement to provlde one un1t of the six
proposed condomlnlum units affordable for low to moderate income
persons at 1941 Euclid Street, appllcantlappellant Michael W.
Folonis. Yvonne B. Burke, attorney for the appellant, and
Michael Folonls, appllcant/appellant, having been sworn,
descrlbed the project and hardship that will allegedly result to
the appellent from the requlrement. Member of the public, Bruce
H. Kragen spoke in favor of the proJect. Discussion was held.
Councilmember Epstein moved the lntent of the declsion of the
Council that, . due to the - special circumstances and hlstory of
th1s proJect, Council wishes to exercise discretion 1n favor of
8
May 22, 1984
affording reasonable relief as requested by the applicant and
directs the City Attorney and staff, in consultation Wl th the
applicant, to propose a modiflcation of the Planning CommlsSlon
decislon which affords reasonable rellef, this to be returned to
the C1ty Councll with appropr1ate findings. Second by
Councilmember Reed. Discussion was held. (Councilmember Zane
departed the Chamber.) The motion was approved by the followlng
vote:
Council Vote:
Afflrmative: Councllmembers Epstein, Jennlngs,
Press, Reed and Mayor Edwards
Negative:
Councllmember Conn
Absent:
Counclmember Zane
13-::.~: TREE ,TRIMMING: Continued to May 29, 1984.
14-A: LIBRARY BOARD MEMBERSHIP: Continued to May 29, 1984.
14~B: METROPOLITAN WATER DISTRICT: Continued to May 29, 1984.
14-C: NO POSTING ORDINANCE: Contlnued to May 29, 1984.
14-D: PIER DEBRIS REMOVAL: Continued to May 29, 198~.
14-E: HOMELESS SHELTER: Contlnued to May 29, 1984.
14-F: RENT CONTROL BOARD HIRING PRACTICES: Continued to May 29,
1984.
14-G: USE OF CITY SEAL: Continued to May 29, 1984.
14-H: TENANT /OWNERSHI P RIGHTS CHARTER AMENDMENT:
May 29, 1984.
14-1: U.S. IMMIGRATION LAW/SIMPSON-MAZZOLI BILL (HR 1510):
Contlnued to May 29, 1984.
Contlnued to
ADJOURNMENT: Mayor Edwards moveq to adjourn to 6:00 P.M.,
Tuesday, May 29, 1984 to conS1der Item 11-D, the Closed Session,
and other items continued from this meeting, to receive a report
regardlng the 1984-85 budget overview and revenues, and hold a
publlC hearing on the 1984-85 Community Development Plan,
adJournment to be in memory of John F. Sproatt and George A.
Palmqulst, long-time Santa Monica residents. Second by Mayor Pro
Tempore Press. The motion was approved by the following vote:
Council Vote:
Unanimously approved 6-0
Absent: Councilmember Zane
9
May 22, 1984
ATTEST:
~~~
Ann M. Shore
City Clerk
2J
a:~s
Ken Edwards
Mayor
10
May 22, 1984