M-4/10/1984
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 10, 1984
A meetlng of the Santa Monica Clty Council was called to order by
Mayor Edwards at 6:00 P.M., 01" Tuesday, April 10, 1984, in the
Council Chambers.
Roll Call: Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
Councllmember James P. Conn
Councllmember David G. Epstein
Councilmember Wllllam H. Jennings
Coupcilmember Chrlstlne E. Reed
(entered 6:44 P.M.)
Councllmember Dennls Zane
(entered 7:02 P.M.)
City Manager John H. AIschuler, Jr.
Clty Attorney Robert M. Myers
Clty Clerk Ann M. Shore
STUDY SESSION: A Study Session was held at 6:00 P.M.
SS-l: LIBRARY SYSTEM: A staff report was presented on community
use of the Sapta Monica Llbrary System and on the conditioI' of Mall"
Library ceillng. D1Scusslon was held.
At 7: 19 P. M., CouncilmellJber Epsteil" moved to adjourl' the Study
Sesslon. Second by Mayor Pro t~mpor~- Press. The motion was
approved by unanimous vote.
REGULAR CITY COUNCIL MEETING
The regular meetil"g of the Santa Mopica Clty Council was called to
order by Mayor Edwards at 7:35 P.M. Coupcilmember Conn led the
assemblage in the pledge of allegiance. Monslgl"Or Cyril Wood, St
Anne's Cathollc Church, offered the invocatlol'.
Roll Call: Prese~t: Mayor Kel' Edwards
Mayor Pro Tempore Dolores M. Press
Councllmember James P. Conn
CouPcllmember David G. Epsteln
Councilmember Willlam H. Jenl"lngs
Councilmember Chrlstlne E. Reed
Councilmember Denl"lS Zal'e
Clty Mal'ager Johl' H. Alschuler, Jr.
City Attorney Robert M. Myers
Clty Clerk Ann M. Shore
April 10, 1984
Councllmember Conn moved to add Items 6-N, 8-D, 14-C, 14-D and 14-E
to the agenda. Second by Councilmember Epstein. The motior" was
approved by ur"animous vote.
6. CONSENT CALENDAR: The Conse'1t Caler"dar was presented whereby
all items are considered and approved In ope motion unless removed
from the calendar for dIScussion. Cour"cilmember Conn moved to
approve the Consent Calendar with the exceptIon of Items 6-A, 6-D,
6-E, 6-J and 6-N. Second by Councilmember Epstein. The motion was
approved by the following vote:
Council Vote: Unanimously approved 7-0
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon NO. 6849 (CCS)
er"ti tIed: "A RESOLUT1oN OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING THE CONTINUE EXISTENCE OF THE LOCAL EMERGENCY,"
was adopted.
6-C: PARKING AND BUSINESS IMPROVEMENT AREA/MAIN STREET: Ordinance
No. 1303(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY Of SANTA MONICA ESTABLISHING A PARKING AND BUSINESS
IMPROVEMENT AREA IN THE MAIN STREET AREA AND TO PROVIDE FOR THE
LEVY OF AN ASSESSMENT THEREIN," was adopted.
6-G: NATIONAL CONSUMER WEEK: Resolution No. 6852(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING APRIL 23 THROUGH APRIL 29, 1984 AS CONSUMERS WEEK," was
adopted.
6-8: BUS MAINTENANCE: Contract No. 4102(CCS) was awarded to H.
Donald WhIte and Associates in the amount of $29,733 to perform a
Mal'1tenance DivIsion evaluation for Santa Monica Bus Lines.
6-1: MANAGEMENT SYSTEM: The City Manager was authorIzed to
execute Contract No. 4103(CCS) with MultiplIcations, Inc., in the
amount of $92,576 to develop and install an Automated Management
Informatior" System for Santa Monica Municipal Bus Lines.
6-K: BUS LINES JANITORIAL SERVICE: BId No. 1939 was awarded to
Spri"lgU-Maintenance lI" the amour.t of $16,000 for JanItorial services
for the Santa Monica Municipal Bus Lines.
6-L: WATER DIVISION SUPPLIES: BId No. 1938 was awarded to Blue
Diamond- at unit prICeS bid for sand, crusher base, gravel and
asphalt concrete cold mix for the Water Division.
6-M: ASBESTOS ABATEMENT IN PUBLIC SCHOOLS: A recommendatIon was
approved to support AB 2377 (DaVls) relatIng to asbestos abatement
In public schools.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Presented for approval were minutes of the
CIty Council meeting held December 13, 1983. There being on
objectIon, the matter was continued to April 24, 1984, to have the
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April 10, 1984
Clerk rev1ew and report 1n regard to the accuracy of the roll call
vote on Item 6-W, page 12.
6-D: BOARD AND COMMISSION MEMBERSHIP: Counc1lmember Press
il"troduced d1Scuss1on 1n regard to a staff report transmitting a
resolution establish1ng City Counc1l policy against double
membership on Boards and Commiss1ons. Counc1lmember EpsteIn moved
to adopt Resolution No. 6850(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A POLICY
AGAINST DOUBLE MEMBERSHIP ON BOARDS AND COMMISSIONS," readIng by
title only and waivi~g further reading thereof. Second by
Councllmember Conn. Councilmember Conn moved an amendment that the
resolutiol" be changed to provIde that City Coupcil may waive the
requirements of this resolution upon two-thirds vote of Its
membership. Second by Councilmember lane. The motIon was approved
by the followi~g vote:
CouncIl Vote: Unanimously approved 7-0
DIScussion was held. WIth
Epstein included in the
Councllmember lane that the
and not to current members.
by the following vote:
the consent of
main motiop
proposed rule
The motion,
the second, Coupcilmember
an amendment move~ by
be applied prospectively
as amel"ded, was approved
CounCIl Vote: Unanimously approved 7-0
6-E: BOARDS AND COMMISSIONS REVIEW: CounCllmember Press
introduced discuSSIOP in regard to a staff report transm1ttIng a
ResolutIon establishing periOdiC review of funct1ol"s and powers of
City Boards and Commissiol"s, having been requested at the Council
meet1ng of June 28, 1983. Coupcilmember EpsteIn moved to table the
matter. Second by Mayor Pro Tempore Press. The motion was
approved by the following vote:
Council Vote: Unanimously approved 7-0
6-F: POLICE RECORDS: Councilmember Epste1l" introduced discussion
1n regard to a staff report transmIttIng a resolution approving
destruction of obsolete Pol ice Department records. Councilmember
Epstein moved to adopt Resolution No. 6851 (eCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS OF THE POLICE
DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTION 34090," 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
6-J: JOINT AND SEVERAL LIABILITY: Concilmember Jennings
1ntroduced d1scussiol" in regard to a staff report recommepding
support of SB 575 (Foran) Wh1Ch seeks to limit the CIty's liab1lity
for damages in cases where the City has little or no involvement.
Discussion was held. Councilmember lane moved to approve the staff
recommendation thereby adopting a posi tiol" of support for SB 575
(Foran) and direct1ng the C1ty Mal"ager to work with the City
3
April 1 0, 1984
.1:_
Lobbyist to represent th~s position to the Cal~for~ia Legislature.
Second by Councllmember Reed. The motion was approved by the
followi'1g vote:
Council Vote: Affirmative:
Councilmembers Con~, Reed, Zane and
Mayor Edwards
Negative:
Councilmembers Jenni!"'gs, Epsteln and
Press
6-N: FIRE TRUCK: Councilmember Jennings introduced dlscussio~ in
regard to a staff report recomme~dlng award of Bid No. 1936 to
FMC/VaT' Pelt Corporatio~ ~n the amount of $151,215.36 for a Flre
Truck and approval of a recommendatlon regardi!"'g flnancir>g and
budget encumbrance. Discussior> was held. Councllmember Epstein
moved to approve the staff recommendatioT', thereby awardlng Bid No.
~to FMC/Van Pelt Corporatior> in the total amount of $151,215.36
as the lowest bldder meeting speclflcatlonSj authorizing the Ci ty
Manager to accept one of the two long-term financing options
submitted by FMC/Van Pelt or to secure other more favorable
financlng by means of WhlCh FMC/Van Pelt is to be pald cash in full
upon dellvery and City acceptance of the FHe Truckj and
authorizing the encumberlng of up to $30,000 budgeted durlng Flscal
Year 1983-84 as down-paymeT't for the triple comblPation flre truck
upon issuance of a purchase order to FMC/Van Pelt. Second by
Councllmember Reed. The motion was approved by the followlng vote:
COUT'cil Vote: U~an~mously approved 7-0
8-A: LIBRARY NON-RESIDENT FEES: Presented was a staff report
transmitting an ordinance for adoption increasing the non-resident
fee for Library Cards, having been introduced March 27, 1984.
Discussion was held. Councllmember Zane moved to adopt Ordinance
No. 1304(CCS) el"tltled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING NON-RESIDENT LIBRARY FEES,II
readi~g by tltle only and walvir>g further readl!"'g thereof. Second
by Councilmember Reed. The motlon was approved by the following
vote:
Council Vote; Afflrmatlve:
Councilmembers Co~n, Jennings, Reed
a~d Zane
Negative:
Cou~cilmembers Epstein,
Mayor Edwards
Press and
Councilmember Epstein requesteo the record to relfect his no vote
ln his belief that thlS an a!'" unnecessary increase and ~t may
dlscourage people from using the library.
8-B: DOG CONTROL: Presented was a rev lsed staff report
transmitti'1g an ordlnance for lntroductio~ and f~rst read~ng adding
MuniClpal Code Sectlon 4140 regulating vlcious dogs as requested at
the City Council meeting of December 13, 1983. Discussion was
held. The Publ ic Hearing was declared open at 8; 19 P. M. There
bei!"'g ~o one wishlng to speak, Councilmember Epstei~ moved to close
the Public Hearing at 8:19 P.M. Second by Mayor Pro Tempore Press.
4
April 10, 1984
The motlon was approved by ul"al"imous vote. Coul"cilmember Epstel"1
moved to introduce for first reading an Ordll"anCe entitled: ""AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 4140 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO VICIOUS
DOGS, 11 Second by Councilmember Conn. The motion was approved by
the followi~g vote:
Council Vote:
Unanlmously approved 7-0
8-C: COLORADO PLACE DEVELOPMENT AGREEMENT/CLOVERFIELD AND 26TH
STREET:H Presented was a staff report transmitti~g an ordinal"ce for
introductio~ and flrst reading approving Amendment No. 2 to
COl"tract No. 3719(CCS), a Development Agreement with Colorado
Place, Ltd., (Cloverf1eld and 26th Street) relating to mortgage
protectlon. The Public Hearlng was declared open at 8: 20 P. M.
There being no one wlshlng to speak, Councilmember Epsteln moved to
close the Public Hearll"g at 8: 20 P. M. Second by Mayor Edwards.
The motion was approved by unanimous vote. Coul"cilmember Epstein
moved to introduce for first reading an Ordlnal"Ce entl tIed: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING
AMENDMENT NUMBER 2 TO DEVELOPMENT AGREEMENT BETWEEN COLORADO PLACE
LIMITED AND THE CITY OF SANTA MONICA," read l~g by ti tle only and
waiving further readlng thereof. Second by Councllmember Conn.
The motion was approved by the followi~g vote:
Council Vote: Unanimously approved 7-0
8-D: TENANT PROTECTION DURING OLYMPICS: Presented was a staff
reporttral"smittil"g . an. emergency ordlnal"ce for adoption amendlng
the MUl"icipal Code relatlng to tel"al"t protections during the
Olympics, requested at the Clty Council meeting of March 27, 1984.
DiscuSSlon was held. The Public Hearing was declared opel" at 8:24
P.M. There being no one wishing to speak, Councilmember Epstein
moved to close the Public Hearing at 8:24 P.M. Secol"d by
Councilmember Conn. The motion was approved by unanimous vote.
Councilmember Epstein moved to introduce and adopt Ordlnance No.
1305 (CCS) entitled: . "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING A FOUR MONTH MORATORIUM ON CERTAIN
EVICTIONS AND RENT INCREASES," readl~g by title only and waiVlng
further readlng thereof. Second by Councllmember Conl". The motion
was approved by the following vote:
Council Vote: Unanimously approved 7-0
11-A: BEACH CONCESSIONS: Presented was a staff report
recommendlng approval of a cOl"tract with McDonald's Corporation for
food COl"cession stands on the Beach al"d authorlzatiol" to staff to
develop a beach cleaning and security program for review during
budget deliberations. Discussiol" was held. Councilmember Epst~~~
moved to hear from members of the publlC for three minutes each.
Second by Mayor Pro Tempore Press. The motlon was approved by
unanlmous vote. Reggie Webb, Vice President of McDonald's
Corporatiol", descrlbed thelr bid proposal to develop a"d operate
five food concessions on Santa Monica Beach. Barry Class spoke in
opposltiol" to the bld process and McDonald's proposal. Tim Boydson
spoke in opposition to McDonald's as not being unlque. Wayne Hall
5
April 10, 1984
spoke i~ opposItion to the proposal and requested conSIderatIon of
small bUSIness landlords. Greg Wel~erth spoke in obJection to the
proposal because of 1ncreased activity in the area. William K.
Schlei spoke in object1o~ to the bid process and the proposal due
to need for add1t1o~al C1ty serVlce to monltor actlvities. Glenn
R. W1ll1ams spoke to request diverSlty 1n architecture and menu.
D1mitri Elbling spoke to request that small busi~ess be considered.
Curt Ullman spoke to request addit10nal public participation before
approving a proposal. Ernie Powell spoke 1n support of approving
McDonald's bid as one that w1Il 1mprove secur1ty, beach clean-up
a~d lncrease City revenues. R1chard Chacker spoke in obJection to
the bid process, McDonald's menu, and 1n support of small business
enterprise. Discussion was held. Councilmember Epstein moved to
approve the staff recommendation, thereby author1zing the C1ty
Manager to enter into Contract No. 4l04(ccS) with McDonald's
Corporatio~ for lease of f1 ve Identifled beach concession sta!"ds
for a term of flve years for a guaranteed mlnimum rent of $200,000
annually or a percentage of gross income as outlined l!" the staff
report dated April 1 0, 1984; further, authorizing Cl ty staff to
develop a specif1c supplemental beach cleanlng and securlty program
for submittal to the City Coupcil during the budget del1berations.
Second by Counc1lmember Jenni~gs. DiscuSSlO~ was held.
Councllmember Co~n moved a subst1tute mot1on to postpone the vote
until the Council meeting of Apnl 24, 1984. Second by
Councilmember Zane. Further d1scussio~ was held. The substitute
motio~ failed by the followlng vote:
Council Vote: Affirmative:
Counc1lmembers Conn and Zane
Negative:
Counc1lmembers Epste1n, Jenn1ngs,
Press, Reed and Mayor Edwards
After additional discuss1on, the origlnal motlon approving the
cortract was approved by the followi!"g vote:
Council Vote: Aff1rmat1ve:
Councilmembers Epste1n, Je!"nirgs,
Press, Reed ard Mayor Edwards
Negat1ve:
Counc1lmembers Zane
Abstain:
Counc1lmember Conn
Councilmember Zane requested the record to reflect that his no vote
IS because he would have liked the Council to have had the
opportunlty to reVIew the Request For Proposal as It was developed
and make some policy decisions that were implicit In that RFP even
though the declsions may have been the same as those made by staff.
Counc1lmemberEp~~~ln move~ to direct staff, in future bidding, to
take into accou~t the need for diversity In menu and other features
of concessions on the Beach. Second by Mayor Edwards. DIScussion
was held ir regard to prIor Cou~cil reV1ew of the Request for
Proposal. The motlon was approved by the followi~g vote:
CounCIl Vote: U~animously approved 7-0
6 Apnl 10, 1984
.
11-B: CLOSED SESSION: Consldered at epd of meeting.
A recess was held at 10:34 P.M. At
with the following members Present:
Jennlr>gs, Press, Reed and Mayor
absent).
10:42 P.M., Council recor>vened
Councilmembers Conn, Epstein,
Edwards (Councilmember Zane
13-A: THIRD STREET MALL CORPORATION: Presented was a request from
Isa Feinsteln to address Council regarding the omISS1on of a Mall
merchant-retailer and persor>s with retail experience on the Third
Street Mall Corporation. Mr. Feinstein presented his request apd
dlScussion was held 1n regard to such consideration at the time of
future appo1ntments.
13-B: CHILDREN'S TREE OF LIFE: Presented was the request of Jerry
Rubin to address Council regarding declarat10n of the Children's
Tree of Llfe as an off1cial Santa Monica Monument to World Peace.
Mr. Rubin read a proclamatlon from Los Angeles Mayor Bradley
establ1shir>g April 22, 1984, as Earth Day ar>d requested Council
particlpation ir> that event. During dIScussion, Councilmember Conn
offered to make the presentatIon.
13-C: NATIONAL HEALTH CARE PLAN: Presented was the request of
DaVld Schechtman to address -Council regarding support of Assembly
Bi 11 3410 concerning NatIonal Health Care Plan. Mr. Schechtman
represented Southern Cal1fornia Coalition for a Natiopal Health
Service and requested CounCIl support of AB 3410. Councllmember
Epstein moved to extend the CounCIl meting after 11:00 P.M. Second
by Mayor. Edwards. The motion was approved by unanimous vote.
Coupcilmember Jennin6s moved to endorse and send letters in support
of AB 3410 regardir>g a National Health Care Program. Secor>d by
Mayor Edwards. DIScussIon was held The motion was approved by the
following vote:
Council Vote: AffIrmatlve:
Coupc ilmembers Conn, J e!'p Ings, Press
and Mayor Edwards
Negatlve:
Coupcilmembers EpsteIp and Reed
Absent:
Councilmember Zane
Councilmember EpsteIn requested the record to reflect that his po
vote 1S because he feels it inappropriate to propose advisory
election bills or> federal policy, rather to elect legIslators
sympathetIc to policies.
13-D: ROLLER SKATING AT PIER: Presented was the request of
Deforrest. R. Most .to-address Cour>cil regarding development of a
I roller skati~g area at the head of Santa Monica Pier. Mr. Most not
beIng presel"t, Councilmember Reed moved to receive and flle the
communlcatiol". Second by Councilmember Epstein. The motlon was
approved by unanimous vote.
14-A: LANDMARKS COMMISSION: Presented as the matter of
apPOIl"tment of a member to flll a vacancy on the Lar>dmarks
Commission. Mayor Edwards nominated Lorraine Farrell. Discusslon
7
Apr il 10, 1984
1:
was held. Cou~cilmember Epstei~ moved to waive the regulations to
permit late applicatlons and late pominations and to appoint
Lorraine Farrell subject to veriflcation of holdl~g a realty
llcense as requl~ed for this membershlp. Second by Mayor Edwards.
Council Vote: Unanimously approved 6-0
Abse~t: Councilmember lane
14-B: CHILD ABUSE PREVENTION: Prese~ted was the request of
Councilmember lane to discuss Maxine Water's Child Abuse Preventlon
Tralnlng Act CAB 2443). In Councllmember lane's absence,
Concilmember. Epstein.__lJIoved to contlnue the matter to April 24,
1984. Second by Councilmember Reed. The motion was approved by
unanimous vote (Councilmember la~e absent).
14-C: MARINE CONSERVATION ZONE: Presented was the request of
Councllmember Epstei~ to discuss Assembly Bill 3707 WhlCh
establishes a Marlne Conservation lone and restricts the use of
glll and trammel nets wlthin o~e mlle of the coast during a study
perlod. Councllmember Epstein moved to lnstruct staff to prepare a
letter to send to Assemblywoman Wrlght with a copy to Ventura
Coupty Supervisor Flynr endorslng AB 3707. Second by Mayor
Edwards. The motion was approved by the followlng vote:
Coupell Vote: Unanimously approved 6-0
Absent: Councllmember lane
14-D: STREET LIGHTS: Presented was the request of Mayor Edwards
to dlSCUSS the lssue of street llghts which were turned off for the
purpose of energy conservatlon and what measures can be taken to
have them turned back on. Discussion was held. Mayor Edwards
moved to table the matter which would be handled by staff. Second
by Councilmember Epsteln. The motion was approved by the following
vote:
Councll Vote: Unanlmously approved 6-0
Absent: Councllmember Za~e
14-E: ANTI-RENT CONTROL LEGISLATION: Presented was the request of
Councllmember Zane to dlSCUSS sendipg a letter to Governor
DeukmeJlan opposirg hlS stand ln support of the antl-rent co~trol
legislative package. Mayor Edwards presented the request in
Councllmember lane's absence. Councilmember Epstein moved that
Council adopt in principle the idea of sepdlng a letter, the Mayor
to appoirt a blpartisan commlttee to draft a letter for all
Councilmembers to slgr and that this be done quickly. Second by
Mayor Edwards who appointed a commlttee consisti~g of
Councilmembers EpstelP and Zane to draft the letter. The motlon
was approved by the following vote:
Council Vote: Una~imously approved 6-0
Absert: Councllmember lane
8 Apnl 10, 1984
11-B: CLOSED SESSION: At 11:15 P.M., Courcilmember Epsteir moved
to adjourn to Closed Session for the purpose of d1scuss1ng pending
lit1gat1on and pe"rsonnel matters. Second by Mayor Edwards. The
motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Zane
The City Cou~cil meet1ng reconvened at 11:40 P.M.
Councilmember Co!"n moved to approve settlement of Ruiz vs. City,
Case No. 474156, Los Angeles Superior Court, in amount of $5,000.
Secord by Mayor Edwards. The motior was approved by the follow1Pg
vote:
Council Vote: Una!"lmously approved 6-0
Absent: Councilmember Zane
Councilmember Epstein.moved to approve an amendment to Contract No.
3824(CCS) ,the settlement agreement between Michel Bros. and the
C 1 ty. Second by Mayor Edwards. The motion was approved by the
following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Zane
ADJOURNMENT: At 11:43 P.M.,CouncilmemberReed moved to adjourn 1n
memory of C. Frankl in Knowl ton, engil"eer ard Cha1rperson of the
City's Building and Safety Commission; Charles McShane, long-time
Santa Mon1ca reside~t and husband of former Head Chlldren's
L1brarian; Margaret C. Gray, former Santa Monica resident and
former Art Instructor for the Santa Monica Recreation and Parks
Departmentj Frark Church, and singer Marvin Gay. Secol"d by Mayor
Edwards. The motion was approved by the following vote:
Council Vote: U!"animously approved 6-0
Absent:
Cou!"cllmember Zane
ATTEST:
a::v~ ~~
~~~
Ann M. Shore
C1ty Clerk
Ke!" Edwards
Mayor
9
April 10, 1984