M-2/26/1985
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 26, 1985
A meeting of the Santa Monlca Clty Councll was called to order at
6:08 P.M. by ~1ayor Reed on Tuesday, February 26,1985, In the
Councll Chambers for the purpose of holdlng a Study Session,
Spec lal J 01 n t Meetings wi th the Parklng Au thor 1 ty and Hous 1 ng
Authorlty, and a Regular Councll Meetlng.
Roll Call: Present: Mayor Chrlstlne E. Reed
Mayor Pro Tempore Wllliam H. Jennlngs
Centered at 6:15 P.M.)
Councilme~ber James P. Conn
Councilmember DavId G. Epsteln
Councllmember Herbert Katz
Councllmember DennIS Zane
Clty Manager John Jallli
Clty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
Absent:
Councllmember Ken Edwards
STUDY SESSION: A Study Session was called to order by Mayor Reed
at 6:08 P.M. to consider the followlng matter:
3S-1: CABLE COHMUNICA TIONS: Pr esented by Via Iter Si embab, Ca bIe
Consul tant, was a report on Cable Communlcatlons and reVIew of
the Ta sk Force acti V 1 t les and recommendatlons. Dl scussion wa s
held. (See also Item 10-A.)
ADJOURNMENT OF STUDY SESSION: At 7:21 P.M., Councilmember
Epstein moved to adJourn the Study Sesslon. Second by
Councllmember Conn. The motion was approved by unanimous vote.
REGULAR CITY COUNCIL MEETING
A meetlng of the Santa Monlca City Councll was called to order by
Mayor Reed at 7:38 P.M. on Tuesday, February 26, 1985, in the
Councll Chambers. Councllmember Conn led the assemblage ln the
pledge of alleglance to the Unlted States of Amerlca. Reverend
DavId McAllIster, Westisde EcumenIcal Conference, offered the
Invocation.
Roll Call: Present: Mayor Chrlstlne E. Reed
Mayor Pro Tempore Wllllam H. Jennlngs
Councilmember James P. Conn
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February 26, 1985
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CouncIlmember David G. EpsteIn
Councllmember Herbert Katz
Councllmember DennIS lane
Absent:
CouncIlmember Ken Edwards
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CIty Manager John JalilI
City Attorney Robert M. Myers
City Clerk Ann M. Shore
Councllmember EpsteIn moved to add Items 14-F and 14-G to the
agenda. -Second by Councllmember Conn. The motion was approved
by unanImous vote.
4-A: PROCLAMATION FOR WOMEN'S HISTORY WEEK: ConsIdered later In
the meetIng.
SPECIAL JOINT MEETING OF CITY COUNCIL AND PARKING AUTHORITY
A specIal JOInt meetIng of the CI ty CouncIl and the ParkIng
AuthorIty was called to order by ChaIrperson Reed at 7:42 P.M.
Roll Call: Present: ChaIrperson ChrIstIne E. Reed
Chairperson Pro Tempore WIllIam H. JennIngs
AuthorIty Member James P. Conn
Authority Member DaVId G. EpsteIn
Authority Member Herbert Katz
AuthorIty Member Dennis lane
ExecutIve Secretary John Jalll!
AuthorIty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
Absent:
AuthorIty Member Ken Edwards
CC/PA-1: PARKING STRUCTURE SPACES: Presented was a staff report
transml tting resolutIons for adoption approvIng assignment of a
lease for parkIng spaces In CIty publIC parkIng structures
located on Second Street from WilshIre West Company to General
Telephone Company. DurIng dIScuSSIon, AuthorIty Member Conn
moved to adopt ResolutIon No. 184(PAS) entItled: A RESOLUTION OF
THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING AN
ASSIGNMENT OF CONTRACT NUMBER 1828(CCS) FROM WILSHIRE WEST I
COMPANY TO GENERAL TELEPHONE OF CALIFORNIA, n read~ng by tl tIe
only and waIvIng further read Ing ther eor. Second by Au thorl ty
Member EpsteIn. The motIon was approved by the followIng vote:
AuthorIty Vote: UnanImOUSly approved 6-0
Absent:
AuthorIty Member Edwards
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February 26, 1985
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Councilmember Conn moved to adopt Resolutlon No. 6976(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING AN ASSIGNMENT OF CONTRACT NUMBER 1828(CCS) FROM
WILSHIRE WEST COMPANY TO GENERAL TELEPHONE OF CALIFORNIA,"
reading by title only and walvlng further readlng thereof.
Second by Councllmember Katz. The motlon was approved by the
followlng vote:
Councll Vote: Unanlmously approved 6-0
Absent:
Councllmember Edwards
ADJOURNMENT OF PARKING AUTHORITY MEETING:
Author 1 ty Member Ep ste 1 n moved to adjourn the
meetlng. Second by Authorlty Member Conn.
approved by unanimous vote.
At 7:45 P.M.,
Parklng Authorlty
The motlon was
At 7:46 P.M., Councilmember Conn moved to recess the CIty CounCIl
meetIng In order to hold a HousIng Authorlty Meetlng. Second by
CouncIlmember Katz. The motlon was approved by unanlmous vote.
HOUSING AUTHORITY SPECIAL MEETING
A speclal meetIng of the Houslng Authorlty was called to order by
ChaIrperson Reed at 7:47 P.M.
Roll Call: Present: ChaIrperson Chrlstlne E. Reed
Chalrperson Pro Tempore Wllllam H. Jennlngs
Authorlty Member James P. Conn
Authorlty Member Davld G. Epsteln
Authorlty Member Herbert Katz
Authorlty Member Dennls Zane
ExecutIve DIrector John Jallll
Authorlty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
Absent:
Authority Member Ken Edwards
HA-1: APPROVAL OF MINUTES: Presented for approval were the
mInutes of the Houslng AuthorIty meetlng held November 13, 1984.
Authorlty Member Conn moved to approve the mlnutes as presented.
Second by AuthorIty Member EpsteIn. The motion was approved by a
vote of flve in favor, Authorlty Member Katz abstaining,
Authorlty Member Edwards absent.
HA-2: ONE PICO BOULEVARD: Presented was a staff report
recommendlng the ChaIrperson be authorized to execute the
reCISSlon document on behalf the Houslng AuthorIty for the
houslng reqUIrement at One P1CO Boulevard Slnce perrnlts for the
project have explred and are no longer valld. Discussion was
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held. AuthorIty Member Conn moved to authorize the Chairperson
to execute the recIsion document on behalf of the HousIng
AuthorIty. Second by AuthorIty Member EpsteIn. During
dIScussion, Chairperson Pro Tempore JennIngs stated that he had a
pOSSIble conflIct of Interest and would abstaIn from votIng. The
motIon was approved by the following vote:
Authorlty Vote: AffIrmative:
Members Conn, EpsteIn, Katz, Zane
and ChaIrperson Reed
AbstaIn:
ChaIrperson Pro Tempore JennIngs
Absent:
Member Edwards
ADJOURNMENT OF HOUSING AUTHORITY MEETING:
AuthorIty Member Epstein moved to adjourn the
MeetIng. Second by AuthorIty Member Katz.
approved by unanimous vote.
At 7:51 P.M.,
HOUSIng Authority
The motIon was
REGULAR CITY COUNCIL MEETING RECONVENED
Mayor Reed recalled Item 4-A for dIScussIon, and there were no
obJectIons.
4-A: PROCLAMATION FOR WOMEN'S HISTORY WEEK: Mayor Reed
recognIzed the event of Women's HIstory Week WhICh will be
celebrated Ma rch 3 t 1985, through ~1a rch 9, 1985, and Introduced
MIldred RosensteIn, Co-ChaIrperson of of the SpeCIal Events
CommIttee of the CommISSIon on the Status of Women, who spoke
regard ing acti v I tIes to be held dur lng Women's HI story Week.
Mayor Reed noted that the ProclamatIon would be issued In a
timely way.
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 EpsteIn moved to approve
the Consent Calendar WIth the exceptions of 6-A and 6-C, notIng
that 6-F was WIthdrawn at the request of staff. Second by
Councllmember Conn. The motIon was approved by the follOWIng
vote:
CounCIl Vote: UnanImously approved 6-0
Absent:
Councllmember Edwards
6-8: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon No. 6977(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL
EMERGENCY," was adopted.
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6-D: POLICE PERMITS: Ordinance No. 1330(CCS) entItled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 6120 AND 6123 OF THE SANTA MONICA MUNICIPAL
CODE REGARDING QUALIFICATIONS FOR POLICE PERMITS," Introduced
February 19, 1985, was adopted.
6-E: CIT A TIONS IN LI EU OF ARRESTS: Ord inance No. 1331 (CCS)
entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3606,"
Introduced February 19, 1985, was adopted relating to CItations
In lIeu of arrests.
6-F: STEWART STREET PARK BOOTH/CONCESSION STAND: ContInued to
March 12, 1985, at request of staff.
6-G: GUTTERS/STREET REPAIR: ResolutIon No. 6979CCCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING A PUBLIC HEARING AND INSTRUCTING THE SUPERINTENDENT OF
STREETS TO GIVE NOTICE TO PROPERTY OWNERS TO CONSTRUCT GUTTERS
AND TO RESURFACE VARIOUS CITY STREETS IN CONJUNCTION WITH THE
1984-85 STREET RESURFACING PROGRAM,~ was adopted settIng a public
hearIng for March 26, 1985.
6-H: SHORT RANGE TRANSIT PLAN: A recommendation was approved to
authorIze the CI ty Manager to fIle a Short Range Transit Plan
WI th the Los Angeles County Transportation CommIssIon and the
Southern CalIfornIa AssocIation of Governments.
END OF CONSENT CALENDAR
6 -A: MIN UTES: Pr esented for approval were mInutes of the CI ty
Counc 11 meetIng held February 19, 1985. Dl scus S Ion was held.
.~'?unc i lmember Epst~ln ,moved to approve the mi nutes of February
19, 19~r5, corrected on pa-ge 10, Item 14-A, to lndIcate that
Councilmember Conn seconded Councllmember EpsteIn's motlon.
Second by Councllmember Conn. The motion was approved by a vote
of fIve ln favor, Counc i lmember Katz absta in lng, Counc ilmember
Edwards absent.
6-c: CONFLICT OF INTEREST CODE: Presented was a staff report
transmIttIng a resolutIon amendlng the City's ConflIct of
Interest Code, ResolutIon No. 6009(CCS). DIScussion was held.
Member of the publIC DaVId Cameron spoke to request that a
summary of the State Code be provided to persons fIllIng out the
forms. DISCUSSIon was held. Councllmember Conn moved to adopt
Resol utlon No. 6978 (CCS) en tl tIed: TI A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA INCORPORATING BY REFERENCE
THE TERMS OF 2 CALIFORNIA ADMINISTRATIVE CODE SECTION 18730
PERTAINING TO CONFLICT OF INTEREST CODES," readIng by title only
and waiving further readIng thereof. Second by Councilmember
Katz. The motIon was approved by the fOllOWIng vote:
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CouncIl Vote: Unanimously approved 6-0
Absent:
Councilmember Edwards
7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report I
regardIng a publIC hearIng on assessments of costs to repaIr
damaged sidewalks, drIveways and curbs at varIOUS locatIons
(SR-85-59) . The publ ic hear lng was declared open at 8: 20 P. M.
During discussIon, Councllmember Conn moved to continue the
pUblIC hearing and any actIon on thIS Item to March 12, 1985, due
to a complaInt of a property owner that he dId not receIve ample
notice of the publIC hearIng. Second by Councllmember Katz. The
motion was approved by unanImous vote.
7-8: GUTTER CONSTRUCTION/STREET RESURFACING: Presented was a
staff report regardIng a public hearIng on gutter constructIon
and street resurfacIng on Colorado between 9th and 14th Streets,
Marine between LIncoln and 150 feet west of Lincoln, Pier between
MaIn and NeIlson Way, and Pier between LIncoln and 160 feet west
of Ll ncoln. The pub llC hear Ing was declared open at 8: 23 P. M.
There beIng no one wishIng to speak, Councllmember EpsteIn moved
to close the public hearIng at 8:24 P.M. Second by Councllmember
Conn. The motIon was approved by unanImous vote. DurIng
dISCUSSIon, Councilmember Katz moved to adopt Resolution No.
6980 (CCS) entI tl ed: "A RESOLUTION OF THE CITY COUNC IL OF THE
CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT
OF STREETS REGARDING GUTTER CONSTRUCTION AND STREET RESURFACING
ON VARIOUS CITY STREETS," readIng by tItle only and waiVIng
further reading thereof. Second by Councilmember Epstein. The
motIon was approved by the following vote:
CounCIl Vote: UnanImously approved 6-0
Absent:
Councllmember Edwards
8-A: SIGN ORDINANCE: Presented was a staff report transmIttlng
an ordinance for IntroductIon and fIrst readIng adoptIng a
comprehenSive SIgn Code for the CIty. DIScuSSIon was held. The
public hearIng was declared open at 8: 30 P. M. David Cameron,
Ralph Mechur, Laurel Roennau and Vince Muselll spoke in support
of a sign code for the City. There beIng no one else WIshIng to
speak, Mayor Reed declared the publIC hearIng closed at 8:45 P.M. I
D1Scusslon was held. Councllmember Katz moved to lntroduce for
fIrst readlng an ordInance entItled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE SANTA MONICA
SIGN CODE J" read Ing by title only and waIvIng further read ing
thereof, wlth the following amendments as recommended and
subml tted by the Archl tectural Revlew Board In a report dated
February 26, 1985 (No te: changes to sta ff' oS proposed ordlnanc e
are lndicated In bold type, deletIons to staff's proposed
ordlnance are lndlcated In brackets []):
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SectIon 9905(e) is amended to read as follows: "Sign Program. A
sIgn program subml tted In accordance WI th the -guidelInes. and
standards of the ArchItectural Review Board shall be required for
all new projects and building remodels which directly affect the
existing signs.1t
SectIon 9909 IS amended to read as follows: "TIme for ExercIsIng
~~gn Permit and Proof of ComplIance. A SIgn permit shall become
null and VOId If the sign for which the approval was granted and
all condItIons Imposed In connectIon WIth the approval have not
been completed WIthIn 6 months of Issuance of the SIgn permit or,
In the case of a SIgn approved for a bUIldIng not yet completed,
six months after [pr lor to] the Issuance of the certl flC ate of
occupancy. WI thIn 30 days of the completIon of the SIgn, the
applIcant shall fIle WIth the Planning Department a color
photograph at least 3" X 3" mInImum In SIze showing completIon of
the SIgn or sign program In accordance WIth the SIgn permit. For
multi-tenant buildings the approved sign program shall remain in
effect for the life of the building or until a new sign program
is approved.R;
SectIon 9912(f) IS amended to read as follows: "Real Estate
SIgns. Real Estate SIgns In a reSIdentIally zoned dIstrict WhICh
are located on the pertInent site, are not IllumInated, do not
exceed SIX feet in total area and not more than six feet In
helght; plus no more than three 12" X 4" rIders, plus one ~open
house" SIgn not exceedIng three square feet in area, plus no more
than one 6" X 18" pennant for each 20 lInear feet 0 f street
frontage. In additIon, four real estate off-premIses directional
SIgns not exceedIng four square feet In area and not exceeding
SIX feet In height is permItted per SIte. Real Estate SIgns in a
commercially or IndustrIally zoned dIstrIct WhICh are located on
the pertInent (site] building, are not Illuminated, do not exceed
24 square feet [in total area] each, [are not more than SIX feet
In height above grade] are not higher than 30R above the second
floor 1 ine, and which are Ilmi ted to one sign for each [street
frontage of any property] building and must be attached to the
building. Properties with a lot width of 50 feet or less shall
be lImIted to [12] 16 square feet per SIte for real estate signs.
Real estate SIgns are non-permanent SIgns and must be removed
when the advertIsed transactIon IS completed.";
SectIon 9915(d) IS amended to read as follows: "NotwithstandIng
the maximum sign area calculated by use of these sign factors, no
SIngle S1gn [other than a hIgh rIse SIgn] shall exceed 100 square
feet In area at any locatIon.";
SectIon 9920(e) (3) 1S amended to read as follows: "If the SIgn
has been more than 50 percent destroyed, and the destructIon IS
other than faCIal copy replacement, and the dIsplay IS not
repaIred withIn (120] 90 days of the date of Its destruction.";
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Further, staff IS dIrected to report WI th recommendatIons for a
slIdIng scale prOVISIon regarding the maximum sIgn area for a
gIven site, SectIon 9915(a);
Section 9902(5) IS omitted, thereby prohibIting high rIse sIgns.
["HIgh RIse Sign Any sign located on a bUIldIng four or more
stories In height that is between the top of the parapet or high
point of the bUIldIng, exclUSIve of penthouse structures, and the
horIzontal lIne not more than 15 feet below the top of the
parapet or hIghpoInt of the bUIldIng on the SIde of the bUIlding
to WhICh the sIgn IS affIxed."].
Second by CouncIlmember Conn.
DurIng discussion and wi th the consent of the second,
CouncIlmember Katz Included In the motion, In regard to SectIon
9909, mod If led above, that the last sentence ("For mul tl-tenant
bUIldings the approved sIgn program shall remain in effect for
the lIfe of the bUIldIng or until a new sIgn program IS
approved.") be Included in the defInItIon sectIon of the
ordInance. DIScuSSIon was held.
WIth the consent of the second and maker of the motIon, the City
Attorney clarIfied the folloWIng addl tlonal pOints for purposes
of IntroducIng the ordInance for first readIng: delete Section
9913(d) regardIng HIgh-Rise Signs; renumber Sections 9913(e) and
9913(f) accordIngly; add a new SectIon 9914(n) to read "HIgh-rIse
signs as a prohibited category of sign."; add language to reVIsed
Section 9905 (e) to read as follows: II SIgn Program. A sIgn
program submitted In accordance with the gUidelines and standards
of the ArchItectural ReVIew Board shall be requIred for all new
projects and bUIlding remodels WhICh directly affect the eXIstIng
sIgns and for any change in a sign in a multi-tenant building."
DIScussion was held.
Councllmember Conn moved an amendment to dIrect staff to return
WI th a speCific process of addresslng aesthetIc and historIC
signs to be determined by the ArchItectural RevIew Board.
Councilmember Katz accepted the amendment as frIendly
Incorporating It into the maIn motIon.
During dIScussion, Councllmember Epstein moved to dIvIde Into two
parts for voting purposes the direction to staff to recommend
regardIng a slidIng scale prOVIsion for determIning maXImum sIgn
area and the speCIfIC process of addressIng aesthetlc and
hIstoriC SIgns and the Introduction of the ordinance for fIrst
reading Into two parts for votIng purposes. Second by
Councilmember Zane. The motIon to dIvide the motion was approved
by unanImous vote. DIScussIon was held.
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The CIty Attorney noted a typographIcal error In SectIon 9912(g)
and corrected It to read: "Regul ated Signs. Signs regul ated by
or requIred by any [other] governmental agency." DIScussion was
held.
The motIon to Introduce the ordInance as amended for fIrst
readIng was approved by the follOWIng vote:
CounCIl Vote: AffIrmatIve: Councllmembers Conn, JennIngs,
Katz, Zane and Mayor Reed
NegatIve: Councllmember EpsteIn
Absent: Councilmember Edwards
Councllmember EpsteIn requested the record reflect his negatIve
vote In that he belIeves that the cost and complexIty of the
regulatIon IS dIsproportionate to the SOCIal eVIl It IS deSIgned
to regulate.
During dISCUSSIon, Councllmember Epstein moved an amendment to
dIrect that staff, the ArchItectural ReVIew Board and the
Planning CommIssion re-review the SIze crIterIa for real estate
signs In reSIdentIal neIghborhoods WIth speCIfIC reference to the
fact that some "For Sale" SIgns are two-sided and dIsplayed to be
viewed from eIther dIrection while driVIng down the street;
should they be Included or prohIbIted. Second by Mayor Pro
Tempore JennIngs. The amendment was approved by the follOWIng
vote:
CounCIl Vote: AffIrmatIve:
Councllmembers Epstein, JennIngs,
Zane and Mayor Reed
NegatIve:
Councllmembers Conn and Katz
Absent:
Councllmember Edwards
The motIon to dIrect staff to report to CounCIl on
recommendatIons regardIng the slIding scale prOVISIon of maXImum
sign area and the specifIC process of addreSSIng aesthetIC and
historIC SIgns was approved by the follOWIng vote:
CounCIl Vote: UnanImously approved 6-0
Absent:
CouncIlmember Edwards
8-B: UNIFORM TECHNICAL AND FIRE CODES:
1985.
ContInued to March 12,
8-C: UNIFORM ADMINISTRATIVE CODE AND FIRE CODE/FEES: ContInued
to March 12, 1985.
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8-D: DATA PROCESSING DEPARTMENT: Presented was a staff report
transmIttIng an ordInance for Introduction and first reading
creatIng a Data Processing Department as established durIng the
1984-85 budget process. The publIC hearIng was declared open at
9: 35 P. M. Ther e beIng no one WI shing to speak, Councllmember I
Conn moved to close the publIC hear lng at 9: 36 P. M. Second by
Councllmember EpsteIn. The motIon was approved by unanImous
vote. Councllmember Conn moved to Introduce for fIrst readIng an
ordInance enti tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTIONS 2236 AND 2237 TO THE SANTA
MONICA MUNICIPAL CODE TO CREATE THE DATA PROCESSING DEPARTMENT,"
readlng by tItle only and waIvIng further reading thereof.
Second by Councllmember EpsteIn. The motIon was approved by the
followIng vote:
Council Vote: Unanlmously approved 6-0
Absent:
Councllmember Edwards
8-E: INTERIM DEVELOPMENT PERMIT APPEAL PROCEDURE: Presented
was a staff report transmittIng an ordInance for Introduction and
fIrst readIng amendIng OrdInance No. 1321 (CCS) to establIsh an
appeal procedure r elatIng to inter 1m development perml ts.
DIScussIon was held. Counc1lmember EpsteIn moved to follow
Al terna t 1 ve Number 5 of the sta ff report, therefore no appeal
procedure would eX1st and no ordInance would be requIred. Second
by Councllmember Katz. The motIon was approved by the followIng
vote:
CouncIl Vote: AffIrmatIve: Councllmembers Conn, Epste1n,
JennIngs, Katz and Ma yor Reed
Negat1ve: Councllmember Zane
Absent: Councllmember Edwards
A recess was held at 9:46 P.M. At 9:59 P.M. , CounC1l reconvened
wIth all members present as at the roll call.
1 O-A: CABLE COMMUNICATIONS TASK FORCE (See al so Item SS-1):
Presented was a staff report recommendIng that CounCIl recelve
the report of the Cable CommunJ.cations Task Force, acknowl edge
theIr work and refer the report to the Clty Manager for I
development of an actIon plan to deal wJ.th cable Issues and to
the CJ.ty Attorney for evaluation 1n Ilght of Federal legislatlon.
DIScusslon was held. Councilmember EpsteIn moved to suspend the
rules and hear from members of the public for three minutes each.
Second by Councllmember Conn. The motIon was approved by a vote
of fIve In favor, Mayor Pro Tempore Jenn1ngs opposed,
Councilmember Edwards absent. The folloWIng members of the
public spoke In support of cable uses: Jolene Labastlda, James
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Fugle, Jon Campbell, hrlstlna Keeffer, SheIla Hutman, Barry
Atwood, Ellen St ern Harr is, Tom Mossman, KI t Galloway and Lo IS
ArkIn. At 10:55 P.M., Councllmember EpsteIn moved to extend the
mee t i ng to 12: 00 MI dnlght. Second by Counc llmember Conn. The
motion was approved by unanimous vote. DIScussion was held.
Councl1member EpsteIn moved to receIve the report, thank the
Cable CommunIcatIons Task Force and Cable Consultant Walter
31 embab for theIr efforts, refer the report and comments to the
CIty Manager for development of an action plan to deal with cable
Issues and the CIty Attorney for evaluatIon in lIght of Federal
legislatIon; that the preliminary report be returned to Council
by April 15, 1985, staff to address the followIng questions: The
SIze of the system (number of channels), means of InsurIng the
system IS main taIned at or near the state of the art as It
evolves, the Issues of public access and socIal serVice for
public Interest programing, methods of Insuring a diverSl ty of
v Iews and programmIng in the system, and any legal constraints
that the CIty needs to bear In IDI nd to protect its pos i tion.
Second by Councllmember Conn. DIScussion was held. Mayor Pro
Tempore JennIngs moved an amendment to direct staff to look at
ways in WhiCh to broaden the audIence, targeting low Income
people. WI th the consent of the second, Councilmember Epstein
accepted the amendment as frIendly therefore Incorporating it
into the maIn motIon. DurIng dIScussIon and with the consent of
the second, CouncIlmember Epstein modifIed the motion to have the
report be returned to the Cl ty Counc 11 in 60 days, rather than
AprIl 15, 1985, as long as all deadlines are met. The motIon was
approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent:
CouncIlmember Edwards
11-A: PARKING STRUCTURE IMPROVEMENTS: Presented was a staff
report recommendIng that staff be instructed to proceed wIth
plans and specIfications and bidding for paIntIng the interiors
of parkIng structures in the Central Business DistrIct;;
installing improved signIng and graphIcs; provid Ing openIngs In
the stairwells In structures 1, 3, 4, 5, and 5; and removIng
facades from structures 1, 3, and 6. D1SCUSSlon was held.
CouncIlmember EpsteIn moved to approve the staff recommendatIon,
thereby instructing staff to proceed wIth plans and
specIflcations and blddlng for paIntIng the lnterlors of the
structures; InstallIng improved Signing and graphics; provIding
openings ln the staIrwells in structures 1, 3, 4, 5, and 5; and
removIng facades from structures 1, 3, and 6. Second by
Coun c Ilmember Conn. The mot ion was approved by the folloWIng
vote:
Councl1 Vote: UnanImously approved 6-0
1 1
February 26, 1985
90
Absent:
Councilmember Edwards
11-8: MAIN STREET PARKING STRUCTURE/EIR COST: Presented was a
staff report recommendIng authorlzlng the Clty Manager to amend
the standard EIR payment agreement wIth Russell Barnard to I
proVlde reImbursement for the preparation cost of the
EnvIronmental Impact Report prepared for the proposed MaIn Street
parkIng structure, should that document be used In the future by
the CIty as the prlncipal envIronmental source document for
construction of a structure. DurIng dIScuSSIon 1 Councllmember
Conn moved to approve the staff recommendatIon, thereby
authorizIng the CI ty Manager to amend the standard EIR payment
agreemen t with Russell Barnard to prov Id e re Imbursement for the
preparatIon cost of the EnvIronmental Impact Report prepared for
the proposed MaIn Street parking structure, should that document
be used In the future by the CIty as the prlnclpal environmental
source document for constructIon of a structure. Second by
Councllmember EpsteIn. The motIon was approved by the following
vote:
CouncIl Vote: Unanimously approved 6-0
Absent:
CouncIlmember Edwards
11-C: CLOSED SESSION: Held later in the meetlng.
14-A: OVERNIGHT OCCUPANCY OF VEHICLES/RESIDENTIAL NEIGHBORHOODS:
Presented was the request of Mayor Reed to dISCUSS conSIderation
of an ordInance makIng It illegal to occupy vehIcles overnIght In
reSIdentIal neighborhoods. Mayor Reed Introduced dIScuSSIon.
Mayor Reed moved to direct the CIty Attorney to prepare an
ordInance WIth language outlIned In the staff report on the
homeless people, dated January 29, 1985 ("No vehicle occupied by
any person for more than 30 min utes between the hour s of 12: 00
A.M. and 5:00 A.M. shall be parked on any street 1n the R-l, R-2,
R-2-R, R-3, or R-4 ReSIdential DIstricts after any occupant of
such vehIcle has been ordered by a peace offIcer to move such
vehIcle from such street."). Second by Councllmember Katz.
DlScussIon was held. Councllmember Conn moved an amendment that
Councilmembers receIve a CIty map IndlcatIng WhIch streets WIll
be avaIlable for persons who occupy vehIcles overnIght. W1th the
consent of the second, Mayor Reed accepted the amendment as
frIendly, therefore IncorporatIng I t Into the maIn motIon. The
motion was approved by unanImous vote.
14-B: CONFLICT OF INTEREST CODE: Presented was the request of
Councllmember Zane to dISCUSS modificatIon to the ConflIct of
Interest Code pertaInIng to Councilmembers presenting to
CommIssions development or other Issues In WhlCh that have a
fInancial Interest. Councllmember Zane Introduced dISCUSSIon
WIth staff and Councllmembers in regard to the matter.
I
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February 26, 1985
I
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91
At 12:10 A.M., Councllmember Katz moved to extend the meetIng to
1:00 A.M. Second by Councllmember EpsteIn. The motIon was
approved by unanimous vote.
14-C: LANDMARKS COMMISSION: Presented was the matter of
appointment of a member to the Landmarks CommIssIon. NominatIons
were declared open. Councllmember EpsteIn moved that Howard Van
Amste 1 be appo in ted to the Landmarks Commi ss Ion by accl amation.
Second by Councllmember Zane. The motIon was approved by
unanimous vote.
Therefore, Howard Van Arnstel was appoInted to the Landmarks
CommIssIon for a term eXpIrIng June 30, 1986.
14-D: USE OF COUNCIL CHAMBERS: Pr esen ted was the request 0 f
Mayor Reed to dISCUSS waiving the fee for use of the Council
Chambers by the MalIbu HIstorIcal Society, Inc., on May 10, 1985.
Mayor Reed moved to approve the request. Second by CouncIlmember
Katz. The motIon was approved by unanImous vote.
14-E: BICYCLE SAFETY PROGRAM: Presented was the request of
Mayor Reed to dISCUSS the bIcycle safety program In regard to
children rIdIng bIkes on Sidewalk. Mayor Reed Introduced
discussIon. Councilmember Epstein moved to refer the matter to
staff for action and possIbly offer the PolIce Department's
Bycycle Safety Program,s more regularly In the gramrner schools.
Second by Mayor Reed. The motIon was approved by unanImous vote.
14-F: CONTAMINATION OF FISH/SANTA MONICA BAY: Presented was the
request of Councilmember Conn to dISCUSS reports of contamInation
of fI sh in the sur f along Santa Mon Ica Ba y. Councilmember Conn
Introduced dIScusSIon. Councllmember Conn moved to dIrect staff
to communIcate with the State Mussel Watch Program (funded by the
Environmental ProtectIon Agency) regardIng CouncIl's concerns and
staff to report on InformatIon receIved. Second by CouncIlmember
Zane. Counc Ilrnernber Eps te in moved an amendment to d Irec t staff
to continue to monI tor the SI tuatlon through appropr iate
agencIes. WI th the consent of the second, Councllrnember Conn
accepted the amendment as frIendly, therefore IncorporatIng It
Into the motIon. The motIon was approved by unanImous vote.
14-G: EXCUSED ABSENCE FOR COUNCILMEMBER EDWARDS: Presented was
the request of Mayor Reed to consIder Councilmember Edwards'
request for excused absence from thIS and possIble future CouncIl
meetings due to III heal th. Mayor Reed introduced dIScUSSIon.
Councilmember Katz moved to excuse Councllmember Edwards from
this meeting. Second by Councllmember lane. The motIon was
approved by unanimous vote.
11-C:
Sesslon
for Closed
mat ter sand
CLOSED SESSION:
for the purpose
Presented was
of con sider ing
a request
personnel
13
February 26, 1985
92
threatened 1 i tlgatlon, pend Ing 11 tlgat ion and 11 tlgatlon to be
commenced by the City. At 12:27 A.M., CouncIlmember Katz moved
to adJourn to Closed SeSSIon to consIder the followIng pending I
cases: Edelstein VS. CIty of Santa MonIca, Santa MonIca Superior
Court Case No. WEC 84929; Hal rston vs. CI ty of Santa MonIca,
Santa MonIca MunIcIpal Court Case No. F 44151; Daniel Banuelos,
et ale vS. CIty of Santa MonIca, Santa Monica SuperIor Court Case
No. WEC 064167; Barbara WIllIams VS. CIty of Santa MOn1.ca, Los
Angeles Super ior Court Ca se No. C 68683; Boyer vs. State of
Call fornia, CI ty 0 f Santa Man ica, San ta Mon Ica SuperIor Cour t
Case No. WEC 61792; NeVIlle vs. CIty of Santa Monica, ClaIm No.
CSM 84-217; AgUIlar vs. CIty of Santa MonIca, Santa MonIca
SuperIor Court Case No. WEC 74275; Shell 011 Company vs. CIty of
Santa Montca, United States DIstrict Court Case No. CV 82 2362
RJK (Gx); Goldway vs. CIty of Santa MonIca, Los Angeles Superior
Court Case No. C 487521; and CalifornIa AVIatIon vs. CIty of
San ta Mon ica, Un i ted St ates Di stric t Court Case No. CV 84-6985
(CME) (Ex). Second by Councllmember Zane. The motIon was
approved by unanImous vote. CouncIl reconvened at 12:46 A.M.
WIth all members present as at the roll call.
Councilmember
WIllIams vs.
Councilmember
vote:
EpsteIn moved to approve settlement In the case of
Ci ty In the amount of $6,000. Second by
Conn. The motion was approved by the following
Council Vote:
UnanImously approved 6-0
Absent:
Councllmember Edwards
Councllmember
NeVIlle vs.
Councilmember
vote:
EpsteIn moved to approve settlement in the case of
CIty In the amount of $12,555. Second by
Conn. The motIon wa s approved by the following
Council Vote:
UnanImously approved 6-0
Absent:
Coucllmember Edwards
CouncIlmember Epstein moved to approve settlement in the case of
Boyer vs. CIty In the amount of $10,000. Second by Councilmember
Conn. The motion was approved by the following vote:
I
CouncIl Vote: Unanimously approved 6-0
Absent:
CouncIlmember Edwards
Councllmember EpsteIn moved to approve settlement in the case of
Ed el ste In v s. C1 ty In the amount of $7 , 500. Second by
CoucIlmember Conn. The motion was approved by the followIng
vote:
14
February 26, 1985
I
I
~.J
Council Vote: UnanImously approved 6-0
Absent:
Councilmember Edwards
Councllmember
Aguilar vs.
Councllmember
vote:
EpsteIn moved to approve settlement In the case of
Cl ty In the amount of $8,000. Second by
Conn. The motion was approved by the following
Council Vote: Unanimously approved 6-0
Absent:
Councllmember Edwards
Councllmember Conn moved to approve a settlement agreement In the
case of Goldway v s. Cl ty, by award of Contract No. 4421 (CCS) .
Second by Councilmember Zane. Councllmember EpsteIn requested
the record reflect that due to a pOSSIble conflIct of interest he
wIll not partIcIpate in thIS matter. (Councllmember EpsteIn
departed from the dais.) The motIon was approved by the
followIng vote:
CouncIl Vote: Unanimously approved 5-0
Absent:
Councllrnembers Edwards and Epstein
(Councllmernber EpsteIn returned to the daIS.)
ADJOURNMENT: At 12:50 A.M'J Councilmember Conn moved to adJourn
the meeting to Tuesday, March 5, 1985, at 8:30 P.M. for the
purpose of hold ing further discuss Ion In regard to I tern 11-C, a
Closed Session to conSIder pending litigatIon, adjournment to be
in memory of Susan Jones. Second by Councllmember Epstein. The
motIon was approved by unanImous vote.
ATTEST:
/,--)
I i
~.A....---.;-~~,;
APPROVED:
~1t:~
Mayor
e~
E. Reed
--
,
, I"
J)' 1- / 0'\..
{ . __!<L -/'_,,/... '_ (
Ann M. Shore' --
CIty Clerk
15
February 26, 1985