M-2/19/1985
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 19, 1985
A meetlng of the Santa Monica Clty Councll was called to order by
Mayor Reed at 7: 31 P. M., on Tuesday, February 19, 1985, in the
Council Chambers, havIng been called as a Speclal MeetIng to
r epl ace the Regul ar meet lng not held on February 12, 1985 (a
hOlIday) . Mayor Pro Tempore Jennings led the assemblage In the
pledge of all egl.ance to the Un 1 ted St ates of Amer 1 ca. Reverend
James Conn, Church In Ocean Park, offered the invocation.
Roll Call: Present:
Mayor ChrIstl.ne E. Reed
Mayor Pro Tempore William H. Jennl.ngs
Councl.lmember James P. Conn
Councilmember DaVId G. EpsteIn
Councllmember Dennls Zane
CIty Manager John Jallli
Clty Attorney Robert M. Myers
Clty Clerk Ann M. Shore
Absent:
Councilmember Ken Edwards
Councllmember Herbert Katz
4-A: TASK FORCE ON LATINO AFFAIRS: Mayor Reed presented
commendatIons to the followIng members of the Task Force on
Latino AffaIrs for their serVIce to the community: The followIng
members were present to recelve theIr commendatlons: Sharon
Alblstegul, Lucia A. AparIclo, Jesus Arguelles, Yolanda
Becerra-Jones, FrancIsco Franco, Martin Gomez Lomell, Llnda
Longorla, Ruth C. Maclas, Laura J-1ansur, LInda Orrante, PatricIa
Rodr 19uez-Holguin, T. San tora, Jon JUllO Sed ll10s and Benny B.
Villalobos.
4-B: LOS ANGELES COUNTY PEACE OFFICERS ASSOCIATION: Mayor
Reed presented commendations to Police ChIef James Keane upon his
electlon as Presldent of the Los Angeles County Peace Offlcers
Associatlon.
4-C: OUTSTANDING FINANCIAL REPORTING AWARD: Mayor Reed
presented a Certificate of Award to Dlrector of Flnance Ml.ke
DennIS and Assistant FInance DIrector BIll Ramsey for Outstandlng
Flnanclal ReportIng from the CalIfornIa Soclety of MuniCIpal
Flnance Offlcers.
6. CONSENT CALENDAR:
The Consent Calendar was
considered and approved In
presented
one mot ion
whereby all items
unless removed from
are
the
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February 19, 1985
68
Calendar for discuss~on. Counc~lmember Zane moved to approve the
Consent Calendar with the except~on of Items 6-H and 6-1. Second
by Counc~lmember Epstein. The motion was approved by the
following vote:
CouncIl Vote: Unan~mously approved 5-0
Absent:
Counc~lmembers Edwards and Katz
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6-A: MINUTES: The m~nutes of C~ty Council meet~ngs held October
23, 1984; January 22, 1985; and January 29, 1985J were approved.
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon No. 6970(CCS)
entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL
EMERGENCY," was adopted.
6-c: HAZARDOUS MATERIAL TRAINING: Resolution No. 6971 (CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS FOR
HAZARDOUS MATERIALS TRAINING," was adopted awarding Contract No.
4113(CCS) WIth the Cal~forn~a H~ghway Patrol for re~mbursement
for serVIces rendered by members of the Santa Monica F~re
Department for hazardous materIal train~ng.
6-D: PARKING AND BUSINESS IMPROVEMENT IMAIN STREET AREA:
OrdInance No. 1328(CCS) entltled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER
1303 (eGs) TO INCLUDE ADDITIONAL BUSINESSES IN THE MAIN STREET
PARKING AND BUSINESS IMPROVEHENT AREA, If Introduced January 22,
1985, was adopted to lnclude addi tlonal buslnesses In the Maln
Street Parking and BusInes Improvement Area.
6-E: LICENSING AND IMPOUNDMENT OF DOGS: Ordlnance No. 1329(CC3)
ent~tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTIONS 4116 AND 4117 OF THE SANTA MONICA
MUNICIPAL CODE REGARDING LICENSING AND IMPOUNDMENT OF DOGS IN
CONFORMANCE WITH STATE LAW," Introduced January 22 J 1985, was
adopted.
6-F : HEWLETT-PACKARD 3000-68 COMPUTER : Contract No. 4114 (CCS)
was awarded to Hewlett-Packard Corporatlon for lease of an
HP3000-68 computer wlth related equipment to accommodate the
growth of automat~on In the CIty.
6-G: AVAIATION FUELS AND LIBRICATING OILS: Bld No. 1988 was
awarded to Gale Barstow, Inc., and Chevron Inc. at unlt prices
b~d for aVlatlon fuels and lubrlcatlng olls for the Alrport
Department.
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6-J: PARATRANSIT PROGRAM: A recommendation was approved to
Increase by an add~ tlonal $18 J 040 the grant awarded to WISE's
Paratranslt Program In order to prOVIde add~t~onal taxI-services
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February 19, 1985
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to senIor and disabled resIdents and to cover the cost of van
repaIrs.
6-[: SIDEWALK/DRIVEWAYS/CURBS: Resolution No. 6972(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO
THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF
SIDEWALKS, DRIVEWAYS AND CURBS (SR-85-60)," was adopted.
END OF CONSENT CALENDAR
6-H: STREET SWEEPER: Councilmember Epstein introduced
dIScussion to consIder why only one bId had been received for
thl S Item. Counc Ilmember Ep ste In moved to approve the staff
r ecommdatlon, ther eby award Ing Bl d No. 1989 to Pub llC Works,
Inc., In the amount of $70,252.73 for one SIX yard street
sweeper. Second by Councilmember Conn. The motIon was approved
by the follOWIng vote:
CounCIl Vote: UnanImously approved 5-0
Absent:
Councllmember Edwards and Katz
6-1: SUBDIVISION MAP ACT: Hayor Pro Tempore JennIngs
introduced dIscussion In regard to a staff recommendation that no
action be taken to revert condomIniums to acreage under teh
Subd 1 VI Slon Map Ac t. Dl SCUSS Ion was held. Mayor Pro Tempore
JennIngs moved to dIrect the Clty Attorney to draft an ordinance
relatIng to reverSIon of condomIniums to acreage and specifically
providIng that the time durlng WhIch there IS any litlgatlon over
the subd 1 v IS lon map IS tolled (not CQun ted) from the fIve year
perIod, the tIme that the Santa Monlca Plnes case was pendIng IS
also tolled, and to provIde that there would be an appeal
procedure before the Clty CounCIl. Second by Councllmember Zane.
DIScussion was held. Councllmember Epstein moved to table thIS
matter untIl the second meetIng-In April 1985~ The motlon falled
for lack of a second. After dISCUSSIon, Councllmember Zane
WIthdrew hIS second to the orlglnal motlon, therefore the
orlglnal motIon falled for lack of a second. There belng no
objection, Mayor Reed Indlcated that the report would be received
and flIed.
There belng no obJectlon, Mayor Reed moved Item 14-E forward to
be heard next on the agenda.
14-E: PROPOSED RENT CONTROL LEGISLATION CAB 483): Presented was
the request of Mayor Reed to hear Rent Control Board Chalrperson
FInkel speak ln regard to AS 483 relatlng to proposed rent
control legIslatIon. There beIng no objectlon, Rent Control
Board Chairperson DaVid FInkel addressed Councll urging them to
go on record In Opposltlon to AB 483. DlSCUSSlon was held.
Councllmember Epsteln moved to reafflrm CounCIl's preVIOUS
posltlon (regardIng oppositIon to lnterventlon In home rule/local
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February 19, 1985
70
control matters) wIth respect to AB 483; authorIze the Mayor to
wrIte an approprIate letter communIcatIng this posItIon; dIrect
the CIty lobbYIst to continue hIS concern wIth thIS legislatIon
and to coordInate wIth anyone (lobbYIst) hIred by the Rent
Control Board or wIth the Rent Control Board directly; and
authorize the Mayor or designee to meet with or Interact with the
Rent Control Board wi th respect to thIS Issue. Second by Mayor I
Reed. Ma yor Reed moved an amendment to Ind Icate the Counc 11 f S
baSIc Intention to designate as the lead decisIon maker/lobbyist
person someone other than the regular CI ty lobbYIst so that he
can contInue to work on other busIness of the Ci ty, thereofore
beIng In a llaIson/coordlnantlng role to a prIncipal lObbYISt on
thIS matter. Councllmember EpsteIn accepted the amendment as
fr lendly and Incorporated It Into the maIn motIon. DI scuss ion
was held. Mayor Reed restated the motion as follows:
communIcate the CounCIl posItion reaffIrmIng local control and
opposing the 1 atest antl- rent con trol bIll (AB 483) wi th the
Mayor to communIcate in wrItIng to all approprIate people related
to this bIll; dIrect the Cl ty IS lobbYl st to add this matter to
hI s workload and Incl ud e In the dIrection the recognl tlon that
the City's lobbyist will not be prIncipally lobbYIng thIS Issue
and that someone else WIll have the principal responSIbIlity, and
authorize the lobbYIst to coordInate WIth the Rent Control Board;
and authorIze the Mayor or her deSIgnate to be the contact.
Mayor Reed des1.gnated Councllmember Zane as the contact. The
motion was approved by the following vote:
CounCIl Vote: UnanImously approved 5-0
Absent:
Councllmembers Edwards and Katz
8-A: POLICE PERMITS: Presented was a staff report transmittIng
an ordinance for introduction and flrst readIng amend~ng
Municipal Code Sections 6120 and 6123 brIngIng qualif~cations for
Police PermIts into conform~ty WIth constitutIonal requirements.
DlScusslon was held. The public hearIng was declared open at
8:34 P.M. There beIng no one wlsh~ng to speak, CouncIlmember
EpsteIn moved to close the publ~c hearIng at 8:35 P.M. Second by
Councilmember Conn. The motIon was approved by un an imous vote.
Councilmember Epstein moved to introduce for f~rst reading an
ordJ.nance entl tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 6120 AND 6123 OF THE SANTA
MONICA MUNICIPAL CODE REGARDING QUALIFICATIONS FOR POLICE
PERMITS," reading by tltle only and waIving further reading
thereof. Second by Councllmember Zane. The motIon was approved
by the following vote:
CounCIl Vote: UnanImously approved 5-0
I
Absent:
Councllmember Edwards and Katz
8-B:
report
CITATIONS IN
transm~ttlng
LIEU OF ARRESTS:
an ordinance for
Presented was a
IntroductIon and
staff
fIrst
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reading amendIng Municipal Code SectIon 3606 relatlng to
CItatIons In lleu of arrests for vIolatIons of the CIty'S Code or
OrdInances making certaIn technIcal changes to conform to State
1 aw requ 1 rements. Dl scuss lon was held. The pub llC hear lng wa s
declared open at 8:36 P.M. There beIng no one wishlng to speak,
Councllmember EpsteIn moved to close the publIC hearIng at 8: 37
P. M.. Second by Counc llmember Zane. The motIon was approved by
unanimous vote. Coune Ilmember Eps teIn moved to 1 n traduce for
fIrst read Ing an ordInance en tl tIed : -"AN O[DINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 3606 ," readIng by tItle only and waiVIng further readIng
thereof. Second by Councllmember Conn. DIScussIon was held.
The motIon was approved by the follOWIng vote:
CounCIl Vote: UnanImously approved 5-0
Absent:
CouncIlmembers Edwards and Katz
10-A: JONATHAN CLUB: Presented was a request from the PlannIng
CommISSIon to forward a letter to State Coastal CommISSIon
addreSSIng potentIal issues raIsed regardIng the Jonathan Club's
applicatIon for a coastal permIt, and a staff report recommending
the City remain neutral based upon the Settlement Agreement
between the CIty, State Lands CommISSIon and the Jonathan Club.
DISCUSSIon was held. PlannIng Commlssloners Penny Perlman and
Ken Genser addressed Council In support of their request to
tr an sml t a letter to the State Coastal Commi 55 ion. D1 5CU5S lon
was held. Councilmember Conn moved to authorIze the PlannIng
CommISSIon to draft a letter to the State Coastal CommISSIon
addressing potentIal issues raIsed regardIng the Jonathan Club's
applIcatlon for a coastal perml t. The mot Ion faIled for lack 0 f
a second. DurIng dISCUSSIon, Councllmember Epstein moved to
recel ve and file the report. Second by Mayor Reed-.. The motIon
was approved by unanlmous vote.
1 O-B: SCHOOL LIBRARIES: Presented was a staff report
recommending approval for the LIbrary Board to send a letter to
the School Board to thank them for restorIng full-tlme personnel
to school librarIes. Library Board Member Rlchard Horst
addressed Counc il requestIng authorIzation to send the letter.
After dIScussion, Counc i lmember EpsteIn moved to author i ze the
LIbrary Board to send the letter to the School Board. Second by
Councllmember Conn. The motIon was approved by unanImous vote.
11-A: UNDERGROUND STORAGE OF HAZARDOUS MATERIALS: Presented was
a staff report recommendIng adoptIon of resolutIons establIshing
Regulatlons and Procedures for the Underground Storage of
Hazardous MaterIals and establIshIng an underground tank perml t
fee schedule. Members of the publIC Wayne Hall and James Sooranl
spoke In support of strong regulatIons related to hazardous
materIals storage. (Councilmember Zane departed from the daIS).
Discussion was held. Councllmember Epsteln moved to adopt
Resolut Ion No. 6973 (CCS) en tl tIed: "A RESOLUTION OF THE CITY
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COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING STANDARDS AND
REGULATIONS FOR CONSTRUCTON, OPERATION AND MONITORING OF
UNDERGROUND STORAGE TANKS," read Ing by title only and wa I v ing
further readIng thereof. Second by Councllmember Conn. The
motIon was approved by the followIng vote:
Council Vote: UnanImously approved 4-0
Absent:
Councllmembers Edwards, Katz and Zane
Councllmember Epstein moved to adopt ResolutIon No. 6974(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING AN UNDERGROUND TANK FEE SCHEDULE," 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 4-0
Absent:
Councilmembers Edwards, Katz and Zane
A recess was held at 9:15 P.M. At 9:24 P.M., CouncIl reconvened
wIth all members present as at the roll call.
CITY COUNCIL/REDEVELOPMENT AGENCY/PARKING AUTHORITY SPECIAL JOINT
MEETING
A special Joint meetIng of the CIty CouncIl, Redevelopment Agency
and ParkIng AuthorIty was called to order at 9:25 P.M. by
Mayor/ChaIrperson Reed.
Roll Call of Redevelopment Agency:
Present: ChaIrperson ChrIstIne E. Reed
ChaIrperson Pro Tempore WIlliam H. Jennings
Agency Member James P. Conn
Agency Member DaVId G. EpsteIn
Agency Member DennIS Zane
ExecutIve D1rector John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Ann M. Shore
Absent:
Agency Member Ken Edwards
Agency Member Herbert Katz
Roll Call of Parking Authority:
Present: Chairperson ChrIst1ne E. Reed
Chairperson Pro Tempore WillIam H.
AuthorIty Member James P. Conn
Authority Member DaVId G. Epstein
Authority Member Dennis Zane
Jennings
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February 19, 1985
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ExecutIve Secretary John JalilI
Authority Attorney Robert M. Myers
CIty Clerk Ann M. Shore
Absent:
AuthorIty Member Ken Edwards
AuthorIty Member Herbert Katz
11-B: MID-YEAR BUDGET REVIEW/AMENDMENTS: Presented was a staff
report submittIng the 19B4-85 MId-Ye~r Budget RevIew Report and
resolutlons for consIderatIon WhICh would authorIze the budget
changes recommended In the report. DIScussion was held.
AuthorIty Member Conn moved to adopt ResolutIon No. 183(PAS)
entItled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF
SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1984-85,"
readIng by title only and waivIng further readIng thereof.
Second by Author 1 ty Member Zane. The motion was approved by the
following vote:
Authority Vote:
Unanimously approved 5-0
Absent:
Authority Members Edwards and Katz
Agency Member Ep steIn moved to adopt ResolutIon No. 397 (RAS)
entItled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1984-85,"
readIng by tItle only and waIVIng further readIng thereof.
Second by Agency Member Conn. The motion was approved by the
folloWIng vote:
Agency Vote:
UnanImously approved 5-0
Absent:
Agency Members Edwards and Katz
Councllmember Zane moved to adopt ResolutIon No. 6975(CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONCIA AMENDING THE BUDGET FOR THE FISCAL YEAR 1984-85," readIng
by tl tIe only and wiaving further reading thereof. Second by
Councllmember EpsteIn. The motIon was approved by the following
vote:
CounCIl Vote: Unanimously approved 5-0
Absent:
Councllmembers Edwards and Katz
Mayor Pro Tempore Jennings moved to approve the personnel actions
lIsted In the staff report (document enti tled "1984-85 MIdyear
Budget RevIew", pages 18 through 21). Second by Mayor Reed. The
motIon was approved by the folloWIng vote:
CounCIl Vote: UnanImously approved 5-0
Absent:
Councllmembers Edwards and Katz
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74
ADJOURNMENT OF PARKING AUTHORITY MEETING: At 10:00 P.M.,
AuthorIty Member Conn moved to adJourn the ParkIng Authority
meeting. Second by Author i ty Member EpsteIn. The motion was
approved by unanImous vote.
ADJOURNMENT OF REDEVELOPMENT AGENCY MEETING: At 10:01 P.M.,
AJ1;ency Member EpsteIn moved to adjourn the Redevelopment Agency
meetIng. Second by Agency Member Conn. The motIon was approved
by unanimous vote.
REGULAR CITY COUNCIL MEETING - RECONVENED
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11-C: CLOVER PARK: Presen ted was a staff report recommend lng
tha t pI an s proceed for a 4.25 ac re expanSion 0 f Clover Park.
DIScussion was held. Councllmember EpsteIn moved to approve the
staff recommendation, thereby approving an appropriation of
$60,000 In the Recreat1.0n and Gul tural category of the Capt1.al
Budget, AIrport Fund, account number 33-740-511-000-976, for
landscape desIgn serVIces to develop plans for a 4.25 acre
expanSIon of Clover Park, thIS appropriatIon IS to be fInanced
from the AIrport Fund fund balance; and authorizIng staff to
negotIate and execute a contract WI th a landscape archi tect for
desIgn of the Clover Park eXpansIon for up to $60,000; addIng to
the recommendatIon that all publIC hearIngs be notIced by United
States mail to Interested organizations and at least the same
radIUS of people as would be notifIed If thlS proJect were
private development. Second by Mayor Reed. During dIScussion
and WIth the consent of the second, Councilmember Epstein amended
the motion to IndIcate that the notIce area would be as a
neIghborhood mall outreach, rather than lImited to the radIUS
requIred of prIvate development. During dISCUSSIon,
Councllmember Conn moved an amendment to reqUIre that the search
for a landscape architect be done by way of the RFP (Request for
Proposal) process wIth a cr iter la that the publIC partie Ipa t ion
aspects of the park deSIgn process be hIghlIghted In the RFP
process. Second by Goune llmember Zane. After dISCUSSIon and
WI th the consent of the second, Councllmember Epstein accepted
the amendment as friendly IncorporatIng it Into the maIn motIon.
DiSCUSSIon was held. The motIon was approved by the follOWIng
vote:
Council Vote: UnanImously approved 5-0
Absent:
Councllmembers Edwards and Katz
11-D: SANTA MONICA AIRPORT: Presented was a staff report I
recommendIng approval of the Airport ReSIdual Land Work Program
and dIrecting staff to proceed WIth the draftIng of a Request for
Proposals for eventual development and dISpOSItIon of the AIrport
residual land. DIScussion was held. Councllmemb~~ Epstein moved
to approve the staff recommendation, thereby apprOVIng the
AIrport ReSIdual Land Work Program as presented in the body of
the staff report and dIrecting staff to prepare a draft Request
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February 19, 1985
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for Proposals for development of the resIdual land, amended to
Include a Council Study Session in April and that the staff
report to Council WIth the draft RFP Include dIScUSSIon of POlICY
optIons and/or JustIfYIng the RFP and a proposed mechanIsm to
have at least one public workshop, pos:nbly held by a Board or
CommIssion. Second by Mayor Pro Tempore JennIngs. DISCUSSIon
was held. The motIon was approved by the following vote:
CouncIl Vote: UnanImously approved 5-0
Absent:
Councllmembers Edwards and Katz
At 10:53 P.M.,
to 12:30 A.M.
was approved
opposed.
Councllmember EpsteIn moved to extend the meetIng
Second by Mayor Pro Tempore Jennlngs. The motIon
by a vote of four In favor, Councllmember Zane
11-E: CITY SEAL: Presented was a staff report recommendIng that
the CIty Attorney be dIrected to prepare an ordInance prohIbiting
pr I vate use and reprod uctIon of the Ci ty seal. DI scussion was
held. Councllmemher EpsteIn moved to approve the staff
recommendatIon. Second by Mayor Pro Tempore Jennings. The
motIon was approved by unanimous vote.
11-F: CLOSED SESSION: ConsIdered later In the meetIng.
12-A: RESTAURANT PERMIT/3100 MAIN STREET: Presented was a staff
report recommendIng adoptIon of fIndIngs and revised condItions
in regard to approval on January 22, 1985, of a proposed 130-seat
restaurant at 3100 Maln Street In connectIon wlth CondItional Use
PermIt 371. DurIng dISCUSSIon, ~9uncIlmember EpsteIn moved to
approve the fIndIngs and revIsed condItIons as presented. Second
by CounCllmemher Conn. The motlon was approved by the fOllowIng
vote:
CouncIl Vote: UnanImously approved 5-0
Absent:
Councllmembers Edwards and Katz
12-B: OUTPATIENT SURGICAL FACILITY/15GB ARIZONA AVENUE:
Presented was a staff report recommendIng adoptlon of fIndIngs
reI ated to the CI ty Counc 11 action on January 22, 1985, denYIng
WI thout preJud lee and remandIng to the PlannIng Comml SSlon an
appeal from the PlannIng CommIssion for constructIon of an
outpatIent surgIcal faCIlity at 15G8 Arizona Avenue In connectIon
WIth Development ReVIew PermIt No. 275 and ZonIng AdmlnIstator
Case No. 4828-Y. DurIng dISCUSSIon, Councllmember Conn moved to
approve the fIndIngs as presented. Second by Mayor Reed. The
motIon was approved by the follOWIng vote:
Council Vote: Affirmative:
Councilmembers Conn, Jennings, Zane
and Mayor Reed
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February 19, 1985
76
Negative:
Councilmember Epstein
Absent:
Councilmembers Edwards and Katz
Councllmemher EpsteIn requested the record reflect hIS VIew that,
gIven the InabIlity of the PlannIng CommISSIon to make a deCISIon
on thIS matter, remandIng It to them In this Instance would be a
futIle act.
12-C: OUTPATIENT SURGICAL FACILITY/1508 ARIZONA AVENUE:
Presented was a staff report transmIttIng an appeal of the
Planning CommISSIon deCISIon to deny Development ReVIew PermIt
No. 275, Zoning Administrator Case No. 4828-Y, to permIt removal
of three vacant reSIdentIal bUIldings and constructIon of an
outpatient surgIcal medical faCilIty, 1508 Arizona Avenue,
AppllC anti Appellant Jerrold Martin Sherman, M. D. ; and
recommendIng granting of the appeal, and approval of the proJect
and dIrectIon to staff to prepare approprIate fIndings and
condItions for adoptIon. DISCUSSIon was held. Councilmember
Epstein moved to grant the appllcant fIve mInutes to present the
appeal, hear from proponents for ten mInutes, hear from the
o pponen t for fIve mInutes, and allow a three mInute rebuttal
perIod to hear from the applIcant/appellant. The motion was duly
seconded and approved by unanImous vote. ChrIstopher HardIng,
attorney for the applicant/appellant, descrIbed the changes that
have occurred In the design and scope of the project and spoke in
support of approval. DISCUSSIon was held. Members of the publIC
Donald LeWIn Nelson, Dr. Mark Wallen, Dr. Charles Keenan, Dr.
MIlton Krlssloff, Dr. Arnold SeIel and Dr. Wayne WInter spoke In
support of the proJect. L. Labella spoke In support of Santa
MonIca HospItal's plans to prOVIde a slmIlar service and deferral
of the proposal untIl the Master Plan process IS completed.
DIScusslon was held. ApplIcant/Appellant Dr. Jerrold MartIn
Sherman responded to questions from the Council. DIScussion was
held. Councllmember Zane moved to approve the staff
recommendatIon, thereby gran ting the appeal, approv Ing the
project and directing staff to prepare approprIate findings and
conditIons for subsequent CounCIl approval. Second by
Councilmember EpsteIn. DISCUSSIon was held. The motIon was
approved by the following vote:
CounCIl Vote: Unanimously approved 5-0
Absent:
Councllmembers Edwards and Katz
14-A: OIL DRILLING: Presented was the request of Councllmember
Epstein to discuss a grant to "No Oil, Inc.," for support of
lItIgatIon agaInst 011 drlllIng near the coastlIne.
Caunc Ilmember Ep stein in traduced d ISCUSS ion. Counc Ilmember
EpsteIn moved to authorIze the Ci ty Attorney to negotiate the
terms of a grant in the amount of $2,500 to No 011, Inc., solely
for support of lItIgation agaInst coastlIne oil drIlling and to
authorIze the CIty Attorney as approprIate, gIven staffing levels
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February 19, 1985
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and the legal Issues, to file an amICUS brIef In the
environmental litIgatIon regardIng OccIdential Petroleum
Corporation. Second by Councllmember Conn. Dur Ing dISCUSSIon,
and wIth the consent of the second, Councllmember EpsteIn amended
the motIon to Include the Cl ty Attorney's suggestIon to dIrect
the CIty Attorney to prepare a resolution wIth appropriate
fIndIngs JustifYIng why thIS would be a legItimate public
expenditure. The motIon was approved by unanImous vote.
14-B: OCCUPANCY OF VEHICLES IN RESIDENTIAL NEIGHBORHOODS:
ContInued to February 26; 1985;
14-C: SERVICE STATION PUMPS: Presented was the request of
Councllmember Conn to dISCUSS InstructIon to the PlannIng
Department staff regardIng service station pumps close to the
sidewalk. Councllmember Conn Introduced dISCUSSIon.
CouncIlmember Conn moved to direct staff to be cognizant of the
problem of parking on sidewalks whIle fuelIng theIr automobIles
at serVIce statIon pumps In their development of crIteria for the
upgradIng of serVIce stations and new serVIce stations In order
to aVOId this problem. Second by Mayor Reed. Councllmember Conn
Included In the motIon Mayor Reed's suggestion to dIrect staff to
determIne whether the Police Department can watch for this type
of actIvity. The motIon was approved by unanImous vote.
CONFLICT OF INTEREST CODE:
ContInued to February 26,
14-0:
1985.
14-E: PROPOSED RENT CONTROL LEGISLATION (AB 483):
earlier In the meetIng.
ConSIdered
11-F: CLOSED SESSION: Presented was a request for Closed
Session for the purpose of conSIderIng personnel matters and
threatened 11 tig atlon, pend 109 lItigation and 11 tIgatIon to be
commenced by the Cl ty. At 12: 04 A. M., Councllmember Epstein
moved to adjourn to Closed SeSSIon to consider the follOWIng
pendIng cases: Edelstein vs. CIty of Santa MonIca, Santa MonIca
SuperIor Court Case No. WEC 84929; AgUIlar vs. Cl ty of Santa
Monica, Santa MonIca Superior Court Case No. WEC 74275; Tedd
Baron vs. City of Santa MonIca, Santa MonIca Superior Court Case
No. WEe 78168; Floyet vs. CI ty of Santa Monica, Santa Monica
SuperIor Court Case No. WEC 86057; Neville vs. CIty of Santa
MonIca, ClaIm No. CSM 84-217; Shell all Company vs. CIty of Santa
MonIca, Unl ted States DIstrIct Court Case No. CV 82 2362 RJK
(Gx); GOldway vs. Cl ty of Santa MonIca, Los Angeles SuperIor
Court Case No. C 487521 j CalifornIa AVIatIon vs. CIty of Santa
MonIca, UnIted States DistrIct Court Case No. CV 84-6985 (CMB)
(Bx); and Laughlin, et a1. vs. City of Santa MonIca, et a1.,
Santa MonIca SuperIor Court Case No. WEC 073105. Second by
Counc ilmember Conn. The motion wa s approved by unanimous vote.
Council reconvened at 12:40 A.M., WIth all members present as at
the roll call.
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February 19, 1985
78
Mayor Pro Tempore JennIngs moved to amend the settlement in the
case of Floyet vs. CIty in the amount of $12,500. Second by
Councilmember Conn. The motion was approved by the followIng
vote:
CouncIl Vote: UnanImously approved 5-0
Absent:
Councllmembers Edwards and Katz
CouncIlmember Epstein moved to approve settlement In the case of
Baron vs. City In the amount of $32,500. Second by Councilmember
Conn. The motIon was approved by the followIng vote:
Council Vote: UnanImously approved 5-0
Absent:
Councilmembers Edwards and Katz
Councllmember Conn moved to approve the settlement agreement In
the case of LaughlIn, et al. vs CIty et al., by award of Contract
No. 4415(CCS). Second by Mayor Reed. The motIon was approved by
the followIng vote:
CouncIl Vote: Unanimously approved 5-0
Absent:
Councllmember Edwards and Katz
ADJOURNMENT: At 12:44 A.M., ~o~ncilmember Conn moved to adJourn
in memory of Flora Osterhold Swetland, Ada P. Fogel and Aron
Powers, father of ASslstant City Manager Lynne C. Barrette.
Second by Mayor Reed. The motlon was approved by unanlmous
vote.
ATTEST:
APPROVED:
f1 J ~ ~ ~ r /2~ a fL
~lstine E. Reed
Mayor
a-. ~-,_
.,
.>.--"\
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A I; '"}',
-\L I _I' ~ _<
Ann M. Shore
Clty Clerk
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February 19, 1985
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