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M-2/28/1984 1 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 28, 1984 A meeting of the Santa Monica city Council was called to order at 6:15 P.M. by Mayor Edwards on Tuesday, February 28, 1984, for the purpose of holding a Study Session, Joint meeting with the Parking Authority and Redevelopment Agency and regular meeting. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press deiCouncilmember James P. Conn Councilmember David G. Epstein Councilmember William H. Jennings Councilmember Christine E. Reed (entered 6:50 P.M.) Councilmember Dennis Zane (entered 6:50 P.M.) City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Ann M. Shore STUDY SESSION: SS-l: CAPITAL INFRASTRUCTURE NEEDS ASSESSMENT: Presented was a staff report describing the condition of five components of the City's physical infrastructure (streets, street lights, traffic control systems, park maintenance and fire apparatus) and outlining various financing options available to the City for certain capital improvements. Discussion was held. 55-2: STATUS REPORT ON THE HOMELESS: Continued due to the hour. At 7:24 P.M., the Study Session was adjourned. A recess was held from 7:24 P.M. to 7:38 P.M. REGULAR CITY COUNCIL MEETING: A regular meeting of the Santa Monica City Council was called to order at 7:38 P.M. by Mayor Edwards, who led the assemblage in the pledge of allegiance to the United States of America. Mayor Edwards introduced Dr. Alvin Smith, First Presbyterian Church, who offered the invocation. 1 February 28, 1984 Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember ~ames P. Conn Councilmember David G. Epstein Councilmemebr 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 RECOGNITION OF SERv.ICE: Mayor Edwards presented a plaque of recognition to outgoing Recreation and Parks Commissioner Ronald Guercio and certificates of appreciation to the following members of the Citizen Advisory Committee to Santa Monica's Civil Defense and Disaster Council: Lynn Greenberg, Arthur D. Fisher, Greg Slaughter, Simone M. Evans, James W. Eickmann, Barbara Bilson, Marcia Cogan, Randy Ziglar, Eleanor Wasson, Lynne Tuite, William S. Stein, Alvin Duane Smith, Elizabeth Keller, ~imrny H. Hara, Marilyn E. Judson, and Bernard Kogon. Mayor Edwards presented California Society of Municipal Finance Officers awards to Mike Dennis, Director, and W. R. Ramsey, Assistant Director of Finance, for meritorious City accounting procedures. JOINT MEETING OF CITY COUNCIL AND PARKING AUTHORITY: A special meeting'. of the Parking Authority in joint session with the City Council was called to order by Chairperson Edwards at 7:45 P.M. Roll Call: Present: Chairperson Ken Edwards Chairperson Pro Tempore Dolores M. Press Authority Member ~ames P. Conn Authority Member David G. Epstein Authority Member William H. Jennings Authority Member Christine E. Reed Authority Member Dennis Zane Executive Secretary John H. Alschuler, Jr. Agency Attorney Robert M. Myers City Clerk Ann M. Shore PA-l: APPROVAL minutes of the Second by Member one, Member Conn OF MINUTES: Member Zane moved to approve the Parking Authority meeting held October 11, 1983. Press. The motion was approved by a vote of six to abstaining due to his absence from that meeting. PA-2: PARKING STRUCTURE NO.2: Presented was a staff report regarding improvements to Parking Structure No. 2 located on Second Street between Broadway and Santa Monica Boulevard. Discussion was 2 February 28, 1984 held. The following members of of the public spoke: Isa Feinstein spoke in regard to crime in parking structures, retail uses in the area, and use of a farmers market in the structure. Karl Schober spoke to request review of other improvement alternatives of lower costs to better serve needs of area business owners and tenants. Additional discussion was held. Member Press moved to approve the staff recommendation thereby approving preliminary plans for improvements to Parking Structure No.2, authorizing staff to proceed with final working drawings and advertise the project for construction bids. Second by Chairperson Edwards. After discussion, the motion was approved by the following vote: Parking Authority Vote: Unanimously approved 7-0 On behalf of the Council, Councilmember Epstein moved to approve the staff recommendation. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 AT 8:17 P.M., Member E~stein moved to adjourn the Parking Authority meeting. Second by Chairperson Edwards. The motion was approved by unanimous vote. ~OINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY: A special meeting of the Redevelopment Agency in joint session with the City Council was called to order by Chairperson Edwards at 8:18 P.M. Roll Call: Present: 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 RA-l: ANNUAL REPORT: Presented was the 1982-83 Annual Report of the Redevelopment Agency. Agency Member Reed moved to approve the staff recommendation, thereby adopting the Annual Report as presented, directing the Executive Director to submit the report to the California Housing and Community Development Department, and directing the Executive Director to work with the City's legislative advocates to effect the legislative action described in the staff 3 February 28, 1984 report. Second by Chairperson Edwards. The motion was approved by the following vote: Agency Vote: Unanimously approved 7-0 AT 8:22 P.M., Agency Member Epstein moved to adjourn the Redevelopment Agency meeting. Second by Chairperson Edwards. The motion was approved by the following vote: Agency Vote: Unanimously approved 7-0 REGULAR CITY COUNCIL MEETING RECONVENED: The regular meeting of the City council was reconvened by Mayor Edwards at 8:22 P.M. having been called to order at 7:38 P.M. 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 ~ohn H. Alschuler, ~r. City Attorney Robert M. Myers City Clerk Ann M. Shore 4-A: BOARD/COMMISSION ~CANCIES: The ~ity Clerk announced that applications are invited to fill vacanC1es on the Recreation and Parks Commission and the Landmarks Commission. 6-A: 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 exception of Item 6-A, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-B: UNAUTHORIZED PERSONS RUNNING SPORTING EVENTS: Ordinance No. 1298(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3620 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO RUNNING AND OTHER SPORTING EVENTS ON PUBLIC PROPERTY," was adopted. 4 February 28, 1984 1 6-C: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 682S(CCS) entitled: "A RESOLUTION OF THE CI~Y COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-D: MAIN STREET PARKING AND BUSINESS IMPROVEMENT AREA: Resolution No. 6826(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA IN THE MAIN STREET AREA, TO PROVIDE FOR THE LEv.Y OF AN ASSESSMENT THEREIN, AND SETTING THE TIME AND PLACE OF HEARING TO CONSIDER THE ESTABLISHMENT OF SUCH AN AREA," setting a Public Hearing for March 27, 1984, was adopted. I 16-E: - LINCOLN BOULE~RD PARKING AND BUSINESS I~PROVEMENT AREA: Resolution No. 6827(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO 'ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA ON LINCOLN BOULEVARD, TO PROVIDE FOR THE LEVY OF AN ASSESSMENT THEREIN, AND SETTING THE TIME AND PLACE OF HEARING TO CONSIDER THE ESTABLISHMENT OF SUCH AN AREA," setting a Public Hearing for March 27, 1984, was adopted. 6-F: SUBDlv.ISION MAP 15831: Resolution No. 6828(CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROv.ING SUBDIVlSION MAP OF TRACT NO. 15831," for two new condominium units at 1508 Harvard Street, by applicant Ahmed F. Hosseni, was adopted. 6-G: ROOF FOR Contract No. the amount of the Purchasing FIRE DEPARMENT HEADQUARTERS AND PURCHASING WAREHOUSE: 4082 (CCs) was awarded fo 'Reeve Roofing Co., Inc:" in $21,446 to roof the Fire Department Headquarters and Warehouse. 6-H: EMERGENCY FICA ASSISTANCE: A recommendation to include Westside Legal Services and Neighborhood Justice Center as additional community service grantees for emergency FICA assistance and approve allocation transfer was approved. 6-1: SENIOR CITIZENS NUTRITION GRANT PROGRAM: A recommendation to approve appropriations in the' amount of $18,309 for Senior Citizens ,Nutrition Grant Program was approved. iEND OF CONSENT CALENDAR i 16-A: APPROVAL OF MINUTES: Counci1member Epste~n moved to approve the minutes of the City Council meeting' of ~anuary 10, 1984, with the following corrections: (1) on page 8, Item 5-F, fifth line, add ~fter "Discussion was held." the following words: "Councilmember ~pstein moved to adopt the board/commission application form that is February 28, 1984 before the Council without the information below the line on the rear of the form. The motion failed for lack of a second. II (2) On page 2, Item RA/CC-2, delete the second sentence and insert "City staff apologized for the delay in transmission of one information item." (3) On page 10, first and incomplete paragraph, eighth line, after the word "further" add the words "it is the intent of the Council to the extent that it can be done..." Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 7-A: GUTTER/STREET CONSTRUCTION: Presented was a staff report regarding establishment of an assessment district for gutter construction and street resurfacing on various City streets. At 8:25 P.M. the Public Hearing was declared open. There being no one wishing to speak to the matter, Councilmember E~stein moved to close the Public Hearing at 8:26 P.M. The motion was duly seconded and approved by unanimous vote. Councilmember Epstein noted that no protests have been received and moved to adopt Resolution No. 6829(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET RESURFACING ON VARIOUS CITY STREETS ALL WITHIN THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Press. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Epstein moved to bring forward Item Il-F to be heard with Item 8-A. The motion was duly seconded and approved by unanimous vote. 8-A AND ll-F: RESIDENTIAL STREET LIGHTING: Presented were staff reports transmitting an ordinance for introduction and first reading establishing supplemental procedures for instituting residential street lighting improvements (Item 8-A) and recommending approval of procedures for implementing new street lighting construction districts (Item II-F). The Public Hearing was declared open at 8;28 P.M. Discussion was held. Councilmember Conn moved to hear from members of the public for three minutes each. Second by Councilmember Reed. The motion was approved by unanimous vote. Robert ~oy spoke in support of City street lights. James W. Baker spoke in support of a pass-through of assessment costs to tenants. Sylvia Moss spoke in support of street lights with a ceiling on the assessment cost. The following persons spoke in support of additional street lighting: Sally Chriss, Julia Colwell, ~ack Baptista, Sharon Tani, John Hass, and Marianne Boretz. Wilho Miller spoke to recommend that street lighting be installed with Community Development Block Grant Funds. There being no one else wiShing to 6 February 28, 1984 speak, the Public Hearing was declared closed at 9;20 P.M. Counci1member Zane moved to approve City endorsement of their (Rent Control Board) program of passing through 70% of the non-city costs to tenants and 30% of the non-city costs to the property owners. Second by Mayor Edwards. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Abstain; counci1members Epstein. Jennings and Reed Counci1member Zane moved to introduce for first reading an ordinance entitl-ed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING SUPPLEMENTAL PROCEDURES FOR INSTITUTING RESIDENTIAL STREET LIGHTING IMPROVEMENTS." with the change that it be modified at the bottom of page 2 to read "sixty percent" (rather than "a maJority"), reading by title only and waiving further reading thereof. Second by councilmember Reed. Counci1member Zane, with the consent of the second, included in the main motion the recommendation of the City Attorney to include Council-member Reed's suggestion to amend the "whereas" clause to specify that this is a special general rent adjustment for street lighting. Discussion was held. Councilmember Epstein moved an amendment to del-ete the last "whereas" clause on the first page and the three "Whereas" cl-auses on the second page. Second by Counci1member Reed. The amendment was approved by the following vote; Council Vote; Affirmative: Counci1members Epstein, Jennings, Reed and Zane Negative; Councilmembers Conn, Press and Mayor Edwards The main ~otion, as amended, was approved by the following vote: Council Vote: Affirmative: Council-memebrs Conn, Epstein, Jennings, Press, Reed and Zane Negative: Mayor Edwards Mayor Edwards requested the he opposes removal of the the findings for the reason was held. record to reflect his no vote is because enabling (whereas) clauses which record of the law in the ordinance. Discussion Counci1member Zane moved to direct staff to bring before the Council at its earliest possible convenience recommendations for 7 February 28, 1984 I verifications of signatures and procedures to be followed by either the Rent Control Board or the City. Second by Councilmember Conn. Discussion was held. The motion failed a voice vote of two (Councilmembers Epstein and Zane in favor) to five. councilmember Epstein moved to request staff to take appropriate measures at an appropriate--time to publicize the new City policy including but not limited to notifying all neighborhood organizations. Second by Mayor Pro Tempore Press. councilmember Zane moved an amendment to direct staff to publish a major article about this program in the Seascape~ that artices or notification of this opportunity for all residents, including renters, be regularly published in the Seascape~ and that information about this program be integrated in all neighborhood watch programs, an activity of the community service officers of the Police Department. Second by Mayor Edwards. The amendment to the motion was approved by a voice vote of six in favor, one opposed. The main motion, as amended, was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Conn moved to approve the implementation plan for street lighting as described in the staff report identified as Item Il-F, dated February 28, 1984, and to establish a policy on the percentage of assessment costs to be passed through to renters. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilrnember Zane moved that the Council take the position that we are prepared to support, with financial resources, whatever demand is generated in the first fiscal year with respect to street lighting. Second by Councilmember Epstein as amended to include the word "substantial" inserted before "resources." Discussion was held. Councilmemebr ~ennin9s moved a substitute motion indicating that the Council considers street lighting to be a very high priority and intends to meet the demands for and produce street lighting in the coming fiscal year to the extent possible. Second by Councilmember Reed. Discussion was held. Councilmember Zane, with the consent of the second, accepted the subsitute motion as a reformulation of his motion with the inclusion that the City will make its best effort to meet the street lightlng demand generated. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Jennin9s moved that staff consult with block representatives and neighborhood organizations to get their participation regarding where the street lights are to be placed. 8 February 28, 1984 Second by Councilmember Zane. following vote: The motion was approved by the Council Vote: Unanimously approved 7-0 At 10:13 P.M., a recess was held. All members of Council reconvened at 10:25 P.M. 9-A. ELECTION TO BE HELD JUNE 5, 1984: Presented was a staff report transmitting resolutions and ordinances regarding ballot items and calling a Special Municipal Election on June 5, 1984. Discussion was held. Councilmember E~stein moved to continue the meeting to !11:30 P.M. Second by councilmember Reed. Mayor Edwards moved an amendment to extend the meeting past 11:00 P.M. Second by Councilmember Zane. The amendment failed on a vote of four in favor (two-thirds vote being required to extend the meeting). The main motion passed by a vote of five to two. Councilmemb~r E~stein move~ to extend the meeting until 11:40 P.M. Second by Councilmember Reed. The motion was approved by a vote of six to one, Councilmernber ~ennings opposed. Councilmember Conn move~ to hear from members of the public for -three minutes each. Second by Councilmernber Zane. The motion was approved by a vote of six to ,one, Councilmernber Jennings opposed. The following persons spoke in :support of the proposed tenant ownership rights Charter amendment: I'~ames W. Baker, Paul Santis, James Burford, Edward Kirshner, and ,Curt Garbesi. Mayor Edwards,mov~d to adopt a Resolution ent~tled: ! "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 1984," reading by title only and waiv.ing further reading thereof. Second by Councilmember Zane. Co~ncilmernbe~ E~stein moved to divide the mot~on for consideration of the different ballot items. The motion was duly seconded and approved by unanimous vote. Discuss~on was held. Mayor Edwards withdrew his earlier motion to permit on the ballot items separately. Councilmember Zane moved to adopt Resolution No. 6830(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A ,SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 1984," reading by title only and waiving further reading thereof, as amended with wording proposed by the City Attorney, thereby calling a Special Municipal Election on June 5, 1984, submitt~ng to the voters of the City a petition-initiated measure adding City Charter ,Section 1400 proposing to change the date of the General Municipal !Election from the second Tuesday in April in odd-numbered years to 'the first Tuesday following the First Monday in November of each even-numbered year, and providing for the election of two Rent Control Board members. Second by Councilmember Zane. Discussion was held. Councilmember ~ennings .moved an amendment on page 4, ;Proposition wording, 9th line, following the word "year" and before February 28, 1984 the word "and," Councilmember Reed. add "beginning in November of 1984." Second by The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Discussion was held. The main motion, as amended, was approved by the following vote: Council Vote: Affirmative: Counci1members Conn, Epstein, Press, Reed, Zane and Mayor Edwards Abstain: Counci1member Jennings Mayor Edwards moved to adopt Resolution No. 6831 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON' TUESDAY, 'JUNE 5, 1984," as amended, reading by title only and waiving further reading thereof, thereby submitting to the voters of the School District a proposition amending the City Charter by adding Section 905 to provide that the date of election for members of the School District Board of Education be changed from the second Tuesday in April in each odd-numbered year to the first Tuesday following the first Monday in November of each even-numbered year, beginning in November 1984, if the date of the City's General Municipal Election is so changed. Second by Counci1member Zane. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative; Counci1members Conn, press, Zane and Mayor Edwards Negative: Counci1members Epstein and Reed Abstain: Councilmember Jennings Counci1member Reed requested the record to reflect her vote in opposition because she believes the voters in Ma1ibu should have the opportunity to vote on the same measure which was circulated under the initiative that has successfully achieved enough signatures. Mayor Edwards mov~d to adopt Resolution No. 6832 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE S, 1984," reading by title only and waiving further reading thereof, thereby SUbmitting to the voters of the City a proposition that Section 602 of the Charter be amended to increase the monthly reimbursement for Counci1members. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: 10 February 28, 1984 1 Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Press, Zane and Mayor Edwards Negative: Councilmember Reed Councilmember Zane moved to adopt Resolution No. 6833(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 1984," reading by title only and waiving further reading thereof, thereby submitting to the voters of the City a proposition adding renter home ownership to the City Charter. Second by Councilmember Eptein. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Zane moved to approve an appropriation of $95,000 from the General Fund ReserveS to the City Clerk's Election Account Number 01-100-212-000-000. Second by Mayor Pro Tempore Press. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Press, Reed, Zane and Mayor Edwards Abstain: Councilmember Jennings Councilmember Zane moved to adopt Resolution NO. 6834(CCS) entitled: "A RESOLUTION OF THE' CITY COUNCIL OF TRE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, 'JUNE 5, 1984," reading by title only and waiving further reading thereof. Second by Mayor Edwards. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Mayor Edwards moved to adopt Resolution No. 6835(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON JUNE 5, 1984 WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 23302, It reading by title only and waiving further reading thereof. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: 11 February 28, 1984 Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmember Epstein Abstain: Councilmembers Jennings and Reed Councilmember Conn moved to extend the meeting beyond 11:40 P.M. to ~~:uu Mianignt. ~econa by Councilmember Reed. The motion was approved by unanimous vote. Councilmember Zane moved reconsideration of Resolution No. 6833(CCS), for amendment of language to more accurately reflect the substance of the measure. Second by Mayor Edwards. The motion was approved by a vote by a vote of 6 to 1 (Councilmember Reed opposed). Councilmember Zane moved that proposition language in Resolution No. 6833(CCS) should read "Shall the City Charter be amended to add Article XX entitled Tenant OWnership Rights establishing standards and procedures for tenant-participating ownership of rental units While ensuring full protections for non-purchasing tenants and establishing a tenant participating conversion tax for low and moderate income persons and an expenditure authorization increase therefor?" Second by Mayor Pro Tempore Press. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, ~ennings, Press, Zane and Mayor Edwards Abstain: Councilmember Reed Mayor Edwards moved to reconsider Resolution No. 6835(CCS). Second by Councilmember Zane. The motion was approved by a vote of six to one (Councilmember Reed opposed). Councilmember Epstein moved to make the same change in Resolution No. 6835(CCS) in Proposition wording regarding Tenant OWnerhip Rights. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmember Epstein Abstain: Councilmembers Jennings and Reed Councilmember Epstein requested the record to show that he voted no because he opposes the underlying resolution. 12 February 28, 1984 1 Councilmember Epstein moved to adopt Ordinance No. 1299(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA eSTABLISHING NOMINATION AND ELECTION PROCEDURES FOR THE ELECTION OF MEMBERS OF THE RENT CONTROL BOARD AT THE JUNE 1984 SPECIAL MUNICIPAL ELECTION," reading by title only and waiving further reading thereof, including the alternative that provides that the candidate with the highest vote have the long term and the candidate with the next lower vote have the short term. Second by Councilmember Reed. Discussion was held. Councilmember Zane moved a substitute motion to adopt Ordinance No. 1299(CCS), candidates for the Rent Control Board to designate the specific terms being sought. Second by Mayor Pro Tempore Press. The substitute motion was approved by by the following vote: council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein, Jennings and Reed Oouncilmember Epstein moved to adopt Resolution No. 6836(CCS) eriti tIed :' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES TO BE PLACED ON THE BALLOT AT THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 5, 19B4," 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 Discussion was held in regard to agenda items. Mayor Edwards moved to extend the meeting to cover Items IO-A, II-A, 11~B, Il-C, 14-C and 14-8. Second by Councilmember Conn. The motion failed by a vote of three in favor, four opposed. Councilmember Epstein moved to continue the meeting until 12;45 A.M., with adjournment at 1:00 A.M. after the Closed Session. The motion was duly seconded and unanimously approved. 10-A: MURALS; Presented was a request of the Arts Commission recommending adoption of a resolution establishing standards and procedures for public murals and approval of a recommendation on disposition of an unfinished mural on Fourth Street underpass at Ocean Park Boulevard. Councilmember Conn moved to approve the staff recommendation thereby adopting Resolution No. 6B37(CCS) entitled: . "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING STANDARDS AND PROCEDURES FOR PUBLIC MURALS," reading by ; title only and waiving further reading thereof, and directing the : Arts Commission to proceed with recommendations contained in the I report regarding the opening of proposals for completion of the 13 February 28, 1984 unfinished Fourth Street underpass mural. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, ~ennings, Press, Zane and Mayor Edwards Abstain: Councilmember Reed II-A: CAPITAL IMPROVEMENTS CONTINGENCY ALLOCATIONS: Presented was a staff report recommending approval of the allocation of specific expenditures against the $1 million capital improvements contingency fund established by the City Council upon adoption of the 1983-84 budget, related to findings of the Capital Infrastructure Needs Assessment presented during the Study Session, and recommending authorization of a change order for construction of the Palisades Park Fence. Discussion was held. Margaret Epstein, President, Santa Monica Library Guild, expressed appreciation for including library improvements in the recommendation. Councilmember ,Epstein moved to approve the staff recommendation thereby approving the recommended allocation of the $1 million capital contingency fund for implementation prior to July 1984, except that in respect to Item 12, Street Resurfacing, work not be commenced until a specific check is made with Welton Becket so that staff is satisfied that construction activity will not damage the new pavement, an information report to be provided to Council in that regard: further authorizing a change order in the amount of $81,000 to the existing Contract No. 4083 (CCS) with Ryco Construction Company for construction of the Palisades Park Fence to enable a 2000 foot extension and completion of the fence from Wilshire Boulevard south. The motion was duly seconded and approved by the following vote: Council Vote: Unanimously approved 1-0 (Councilmember ~ennings departed) Il-B: ALCOHOL OUTLETS: Presented was a staff report regarding problems associated with alcohol availability and outlets, recommending approval of interim control and policy for Main Street liquor licenses and direction to staff to study and prepare permanent control measures throughout the City. Discussion was held. Councilmember Conn moved to hear from members of the public for three minutes each. Second by Councilmember Reed. The motion was approved by unanimous vote. Gwen Myer presented the recommendations of the Chamber of Commerce to explore the concept of a homeless day center, use of a conditional use permit to reduce types of alcoholic beverages sold and hours of outlets, and provide health and social services information cards for resources available to assist. Ken Schonlau spoke in support of restricting the sale of 14 February 28, 1984 1 liquor. Tony Haig spoke in support of the staff recommendation changed on page 21 to read "The City would continue to protest liquor license applications for retail stores (such as mini markets or gift shops, as well as upgrading of licenses for restaurants over and under 50 seats and bars until the City develops a Citywide policy and control mechanism for these new types of alcohol outlets, "and changed on page 21, (2) "Direct City staff to notify OPeO and Ocean Park....regarding an indivdual's protest of license applications within 15 days of the City's receipt of notification from the ABC". Marian Baker spoke in support of restricting alcohol outlets on Main Street. Mayor Pro Tempor~ P~~ss moved to approve the recommendations to regulate alcohol outlets as presented in the staff report dated February 28, 1984 with the following exceptions: On page 21, in the middle of the paragraph after "such as mini markets or gift shops," add the wording "as well as upgrading of licenses over and under 50 seats in restaurants and barsr" also, to add at the end of the second paragraph on page 21 the words "wi thin 15 days of notification from the ABC." Second by Mayor Edwards. Discussion was held. Councilmember Epstein moved an amendment on page 21, paragraph 2, to notify community organizations including but not limited to OPCO. Discussion was held. The City Attorney suggested a procedure to supply notices to those organizations that put a written request on file with the City to receive such notice. The suggestion was accepted into the main motion by the maker and second. Council~ember E~stein moved an amendment to include Councilmember Reed's suggestion that conditional use permits not be required for restaurants that do not contain bars within the premises. Second by Councilmember Reed. The amendment was approved by the fallowing vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Reed, and Zane Negative: councilmember Press and Mayor Edwards Absent: Counci1member ~ennings )iscussion was held. =~uncilmembe+ Reed moved an amendment to the main motion that the ;1ty request protest and request the ABC to restrict all off-sale licenses to not allow video games on the premises and to restrict he type and strength of alcoholic beverages to be sold, i.e., -ortified wines and those having higher levels of alcoholic content~ hat it be a uniform policy of the City to so request the ABC. ~ayor Pro Tempore Press included this amendment in the main motion "ith the consent of the second. The main motion, as amended, wa~ pproved by the following vote: 5 February 28, 1984 Council Vote: Unanimously approved 6-0 Absent: Councilmember ~ennings Il-C: WILSHIRE BOULEVARD STREETSCAPE: Presented was a staff report recommending approvals related to the concept of enhancement of Wilshire Boulevard streetscape design. Councilmember Conn moved to approve the staff recommendation, thereby approving the concept of an enhanced Wilshire Boulevard streetscape design, the proposed use of a design team, and budgeted funds for design fees in an amount not to exceed $35,000~ authorizing the City Manager to negotiate and execute a contract for design services pursuant to the process outlined in this staff report~ and instructing the City Manager to return for Council approval and authorization to go out for construction bids for the designed improvements. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Counci1member Reed Abstain: Councilmember Epstein Absent: Councilmember ~ennings Il-D: THIRD STREET MALL DESIGN: Presented was a staff report recommending approval of a contrct for development of design guidelines for the Third Street Mall and authorization for city Manager to negotiate and execute same. Councilmember Zane moved to approve the staff recommendation, thereby authorizing the City Manager to negotiate and execute Contract No. 4084(CCS) with Thirtieth Street Architects for development of design guidelines for the Third Street Mall in an amount not to exceed $35,000. Second by Counci1member Conn. The motion was approved by the following vote: Council Vote: UnanimouSly approved 6-0 Absent: Councilmember Jennings 11-E: BOARD COMMISSION APPLICATION: Continued to March 13, 1984. ll-F: Considered with Item 8-A. ll-G: CLOSED SESSION: Held at end of meeting. l4-A: PARKING METERS MONTANA BRANCH LIBRARY: Continued to March 27, 1984 as "5" item. 16 February 28, 1984 1 14-B: TORT AND WORKERS' COMPENSATION SETTLEMENTS: Continued to March 13, 1984 as ItS" item. 14-C: HOMELESS PERSONS: Councilmember Epstein announced a Community Forum on the Homeless at 7 P.M. on Wednesday, February 29, 1984 at Memorial Park Community Room. 14-0: NESTLE PRODUCTS: Presented was the request of Councilmember Conn to discuss rescinding previous Council action boycotting Nestle products. After discussion, Councilmember Conn moved to rescind the City Council action of May 8, 1979, boycotting Nestle products. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 14-E: COMMISSION ON STATUS OF WOMEN: Presented was the resignation of Barbara-Jo Osborne from the Commission on the Status of Women. Mayo~ Pro Tem~ore Press moved to accept the resignation of Barbara-Jo Osborne from the Commission on the Status of Women with thanks for her public service and authorize the City Clerk to publish a notice of vacancy. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings l4-F: TOXIC MATERIALS: Request of Councilmember Reed to discuss and 'take a position on A.B. 2302 (RObinson) regarding the public record on toxic materials. Councilmember Reed introduced discussion and moved to oppose A. B. 2302 (Robinson) regarding certain exemptions in regard to toxic materials and to direct the City lobbyist to so communicate. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings l4-G~ WOM~N'S HISTORY MONTH: Postponed at the request of Mayor Pro !'empore Press. 14-H: TRAVEL EXPENSE: Presented was the request of Mayor Pro ~empore Press to discuss approval of travel expense to attend a IQcal Government Advisory Committee Commission for Economic Jevelopment meeting, March 2, 1984, in Sacramento. Councilmember 7 February 28, 1984 Epstein moved to approve the expenditure of Mayor Pro Tempore Press and that of other Councilmembers for the same purpose to the extent of their travel budget. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: unanimously approved 6-0 Absent: Councilmember Jennings ll-G: CLOSED SESSION: AT 1:02 A.M., there being no obJections, Mayor Edwards adjourned to Closed Session to discuss pending litigation and personnel matters. At 1:25 A.M., Council reconvened with the following members present: Councilmembers Conn, Epstein, Press and Mayor Edwards. Mayor Edwards announced no action had been taken in Closed Session. ADJOURNMENT: At 1:25 A.M., Councilmembep E~stein moved to adjourn the meeting, adjourrunent to'" be in memory of 'Jack Gliner, Inez Ganann, Eber L. Hoover, Levon H. Levonian and Charles Norman Moore. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: unanimously approved 4-0 Absent: Councilmembers Jennings, Reed and Zane ATTEST: II [~VFt >>~~ Ann M. Shore City Clerk Z::~~ Ken Edwards Mayor 18 February 28, 1984