M-12/11/1984
18
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 11, 1984
A meetlng of the Santa Monica Clty Councll was called to order by
Mayor Reed at 7:34 P.M., on Tuesday, December 11, 1984, ln the
Councll Chambers. Councllmember Katz led the assemblage 1n the
pledge of alleglance to the Unlted States of Amerlca. Father
Fred Fenton, St. Augustlne-By-the-Sea Episcopal Church, offered
the lnvocatlon.
Roll Call:
Present: Mayor Chrlstlne E. Reed
Mayor Pro Tempore Wlll1am H. Jennlngs
Councilmember James P. Conn
Councilmember Ken Edwards
Councilmember DaVld G. Epstein
Councilmember Herbert Katz
Councllmember Dennls Zane
City Manager John Jallll
Clty Attorney Robert M. Myers
Clty Clerk Ann M. Shore
Councllmember Conn moved to add Items PA-1, 6-K, 6-L, 8-A, 8-D,
9-A, 14-E, 14-F and 14-G to the agenda. Second by Councllmember
Epsteln. The motlon was approved by a vote of SlX in favor, one
opposed.
4-A: EMPLOYEE SERVICE PINS: Mayor Reed presented employee
serVlce pins to Jody Campbell, Transcrlber TYPlst, Pollce
Department, and Kay Watanabe, Clty Treasurer, for 25 years of
servlce, and to Robert Huff, Custodlal Supervisor, Recreatlon and
Parks Department, for 30 years of servlce, and expressed
appreclatlon.
4-B: BOARD AND COMMISSION VACANCIES:
that applicatlons are invl ted to flll
Servlces Cornmlss1on.
The Clty Clerk announced
a vacancy on the Social
At 7:42 P.M., Councllmember Katz moved to recess the Clty Councll
meetlng to hold Redevelopment Agency and Parklng Authority
meetlngs. Second by Counc1lrnernber Epsteln. The motlon was
approved by unanlmous vote.
REDEVELOPMENT AGENCY SPECIAL MEETING
A speclal meetlng of the Redevelopment Agency was called to order
at 7:43 P.M., by Chalrperson Reed.
Roll Call: Present: Chalrperson Chrlstine E. Reed
Chalrperson Pro Tempore Wllllam H. Jennlngs
Agency Member James P. Conn
December 11, 1984
I
I
I
I
19
Agency Member Ken Edwards
Agency Member David G. EpsteIn
Agency Member Herbert Katz
Agency Member Dennis Zane
Executive Director John JalIli
Agency Attorney Robert M. Myers
Agency Secretary Ann M. Shore
RA-1: ANNUAL REPORT: Presented was a staff report recommending
adoptIon of the 1983-84 Annual Report of the Redevelopment Agency
and directIon to the ExecutIve Director to submIt the report to
the California HousIng and Community Development Department.
DiscussIon was held. Agency Member JennIngs moved to accept the
1983-84 Annual Report of the Redevelopment Agency and dIrect the
ExecutIve DIrector to submlt thIS report to the CalifornIa
Hous Ing and Communi ty Development Department. Second by Agency
Member Conn. DI scuss Ion was held. The motion wa s approved by
the following vote:
Agency Vote: Unanimously approved 7-0
RA-2: CITY-WIDE HOUSING ACQUISITION AND REHABILITATION PROGRAM:
Presented was a staff report recommending approval of use of
CIty-wIde HousIng AcqUisitIon and RehabilitatIon Program funds
for the 1843-45 Seventeenth Street ProJect. DIScussIon was held.
Agency Member Epstein moved to approve the staff recommendatIon
thereby approving the use of CI ty-wlde Housing Acquisition and
RehabilItation Program Funds for the 1843-45 Seventeenth Street
Project and authorIzing the ExecutIve DIrector to release funds,
upon satisfaction of all program requIrements, not to exceed
$20,000. Second by Agency Member Katz. DIScussIon was held.
The motion was approved by the following vote:
Agency Vote: Unanimously approved 7-0
RA-3: AFFORDABLE HOUSING PROPERTIES: Presented was a staff
report (as revised) recommendIng that the Executive Director be
authorIzed to negotIate and execute an assignment of the Purchase
Agreements to acquIre propertIes at 6th Street and Ashland Avenue
and 3005 HIghland Avenue for use as affordable housIng in the
Ocean Park Redevelopment ProJect. At 7:55 P.M. Agency Member
Edwards departed the dais due to a reported conflIct of interest.
DiscussIon was held. Agency Member EpsteIn moved to hear from
members of the publiC for three mInutes each. Second by Agency
Member Jennings. The motion was approved by a vote of four In
favor, Agency Member Conn opposed, Agency Member Edwards
absent. The followlng members of the publIC spoke in favor of
the proJect: Sheldon Krongaus, MIchael Hlll, Gary SquIer. The
followIng persons spoke to request that park and/or open space be
pI anned In the prOJ ect: Frances Sml th, Dav Id FreIdman, Than e
Roberts. The following persons spoke In OpposItIon to the
proposal: Joy Cole, Ralph August. Agency Member Epsteln moved,
for dlScUSSlon purposes, to approve the staff recommendation, as
revIsed, thereby authorlzlng the Executlve DIrector to negotlate
and execute an assIgnment of the Purchase Agreements to purchase
2
December 11, 1984
20
the properties at 3005 HIghland Avenue and 6th Street and Ashland
Avenue, delaYIng development of the Ashland parcel for thirty
days to gIve the neIghborhood the opportun i ty to come forward
wIth funds for the acqUISItIon. Second by ChaIrperson Pro
Tempore JennIngs. DISCUSSIon was held. Agency Member Conn moved
a SUbstl tute motIon to approve the rev Ised staff recommendatIon I
amended in regard to the Ashland lot so that staff be dIrected to
come back In thirty days WIth some Indlcat10n of whether or not
there is partial fund ing for parkl and on that SIte, el ther from
the Ci ty I S budget or from the pr IV ate sector. Second by Agency
Hember Zane for pur poses of discuss ion. Di scuss 10n wa s held.
The substitute mot1on faIled by the follOWIng vote:
Agency Vote: AffIrmatIve:
Agency Members Conn and Zane
NegatIve:
Agency Members EpsteIn, JennIngs,
Katz and ChaIrperson Reed
Absent:
Agency Member Edwards
Di scus s ion was held. WI th the con sen t of the second, Agency
Member Epste1n added to the motIon a request to staff that 1n
reporting back to Counc11 and In developing RFP's (Requests for
Proposals), the staff propose appropriate ways to address the
issue of publIC space on the Ashland slte, and that 1t be
des1gned WIth publ1C space If feas1ble. The motIon and ItS
additIon were approved by the follOWIng vote:
Agency Vote: AffIrmative:
Agency Members EpsteIn, Jennings,
Katz, Zane and ChaIrperson Reed
Negat1ve:
Agency Member Conn
Absent:
Agency Member Edwards
Agency Member Conn requested the record reflect that hIS negat1ve
vote IS not due to Oppos1t10n to low cost housing, but due to the
way the mot1on flIes in the face of a four-year struggle by the
ne1ghbors, theIr r1ght to have a strong VOIce 1n the development
of this p1ece of property, and because thIS 1S a pass1ve process
rather than an actIve process for the neIghbors; the C1ty should
be on the side of the ne1ghbors as advocates In th1S process.
ADJOURNMENT: At 8:43 P.M., Agency Member Epstein moved to
adjourn the Redevelopment Agency Meet1ng. Second by Member Katz.
The motion was approved by unanimous vote.
Councilmember Edwards returned to the daIS at 8:43 P.M.
I
PARKING AUTHORITY MEETING:
At 8:44 P.M., Chalrperson Reed called to order a speCIal meetIng
of the Parking AuthorIty.
Roll Call: Present: Cha1rperson ChrIstIne E. Reed
ChaIrperson Pro Tempore Wll11am H. JennIngs
3
December 11, 1984
I
I
21
Authority Member James P. Conn
AuthorIty Member Ken Edwards
AuthorIty Member DaVId G. EpsteIn
AuthorIty Member Herbert Katz
AuthorIty Member Dennis Zane
ExecutIve Secretary John Jallll
AuthorIty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
PA-1: PARKING STRUCTURES: Presented was a staff report
recommendIng approval of an approprIatIon of $119,000 for
Improvements to ParkIng Structure Number 2 at 1431 Second Street
and dIrection to staff to test placement of a parkIng structure
operator. AuthorIty t-1ember EpsteIn moved to approve the staff
recommendatIon thereby approving an approprIatIon of $119,000
from ParkIng Authority Fund 177 to Account Number
77-770-610-000-904 to fInance addItional physical Improvements to
ParkIng Structure Number 2; and directIng staff to pursue placing
a parking structure operator in Structure Number 2 for a period
of fIve months as a test of this concept; if so dIrected, staff
WIll return to the Authority with a detailed proposal for
approval. Second by Authority Member Edwards. DiscussIon was
held. AuthorIty Member JennIngs moved an amendment that it be
stated In the RFP's (Requests for Proposals) or any other changes
made that there will be three hours of free parkIng. WI th the
consent of the second, the amendment was conSIdered frIendly and
accepted Into the main motIon. DurIng dISCUSSIon, and there
beIng no objection, ChaIrperson Reed read the motIon, as amended,
to approve the staff recommendation and to IndIcate In the RFP's
that In operating Parking Structure Number 2 we WIll seek
Information about both a two- and three-hour free parkIng time
perIod. The motion was approved by the following vote:
Agency Vote: Unanimously approved 7-0
ADJOURNMENT: Agency Member Epstein moved to adJourn the ParkIng
AuthorIty meetIng at 8:56 P.M. The motIon was approved by
unanImous vote.
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 WI th the exceptions of 6-D, 6-H, and 6-I,
read Ing resolutions and ordInanc es by tl tIes only and wa 1 v Ing
further read Ing thereo f . Second by Counc Ilmember Epste In. The
motIon was approved by the followIng vote:
CouncIl Vote: UnanImously approved 7-0
6-A: MIN UTES:
approved.
The mInutes of September 18 and 25, 1984, were
4
December 11, 1984
22
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6951(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: SIDEWALKS, DRIVEWAYS AND CURBS (SR-85-59): Resolutlon No.
6952 (CCS) en tl tl ed: "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-85-59),"
was adopted setting a public hearlng for January 8, 1985.
6-E: INTERIM DEVELOPMENT PROCEDURES: Ord lnance No. 1321 (eeS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING INTERIM DEVELOPMENT PROCEDURES PENDING
I MPLEMENT A TION OF GENERAL PLAN AMENDMENTS, 11 lntroduced December
4, 1984, was adopted.
6-F: COLLECTION OF REFUSE: Ord lnance No. 1322 (CCS) en ti tIed:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 5227C OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO POINTS OF COLLECTION OF REFUSE," lntroduced December
4, 1984, was adopted.
6-G: SPEED LIMIT ON MAIN STREET: A recommendatlon was approved
to instruct the Cl ty Attorney to prepare an ordlnance
establlshlng the speed limit on Maln Street south of Ocean Park
Boulevard at 3D mph.
6-J: APPLICATION FOR HOME-DELIVERED FROZEN MEAL PROGRAM: A
recommendatlon was approved to make appllcatlon to amend Contract
No. 4218 (CCS) Wl th the Los Angeles County Ar ea Agency on Ag lng
for the addl tion of a home-de11vered frozen meal program for
senlor cltizens, authorlzlng the bld process for addltlonal meal
serVlces from February through June 1985, and necessary budget
changes should the grant amendment be approved.
6-K: MAIN STREET PARKING AND IMPROVEMENT AREA: Resolution No.
6954 (CCS) en ti tl ed: If A RESOLUT tON OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DECLARING ITS INTENTION TO AMEND ORDINANCE
NUMBER 13D3(CCS) TO INCLUDE ADDITIONAL BUSINESSES SUBJECT TO THE
MAIN STREET PARKING AND BUSINESS IMPROVEMENT AREA AND SETTING THE
TIME AND PLACE OF HEARING TO CONSIDER SUCH AMENDMENT," settlng a
publlC hearing for January 22, 1985.
6-L: DUMP TRUCK FOR WATER DIVISION:
to Internatlonal Harvester In the
purchase a dump truck for use by the
of lncreased appropriatlon authorlty.
Bld No. 1979 was awarded
amount of $47,284.61 to
Water Dlvlslon and approval
END OF CONSENT CALENDAR
6-D: GUTTER/STREET REPAIR: Presented was a staff report
transmlttlng a resolutlon setting a publlc hearlng for January 8,
1985, to conflrm gutter constructlon and street resurfacing
assessments on Colorado between 9th and 14th Street, Michlgan
5
December 11, 1984
I
I
I
I
23
between Cloverfleld and the easterly deadend, MarIne between
LIncoln and 150 feet west of LIncoln, PIer between Lincoln and
160 feet west of LIncoln; corrected to remove the sectIon "PIer
between Second and NIelson Way" WhICh was deleted at the prevIous
meeting. Councllmember Conn moved to adopt ResolutIon No.
6953 (CCS) en tl tIed: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A DATE TO HEAR ANY PROTESTS OR
OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR GUTTER
INSTALLATION AND STREET RESURFACING ON COLORADO BETWEEN 9TH AND
14TH STREETS, MICHIGAN BETWEEN CLOVERFIELD AND THE EASTERLY,
MARINE BETWEEN LINCOLN AND 150 FEET WEST OF LINCOLN, PIER BETWEEN
SECOND AND NEILSON WAY, AND PIER BETWEEN LINCOLN AND 160 FEET
WEST OF LINCOLN," reading by tItle only and waiving further
readIng thereof, amended by deletlon of "Pier between Second and
NeIlson Way." Second by Councllmember EpsteIn. The motion was
approved by the following vote:
Council Vote: Unanimously approved 7-0
6-H: RUNNING RACE PROCEDURES: Presented was a staff report
transml ttlng a resolution establlshing procedures and crIterIa
for conductIng runnIng races. Councilmember Conn moved to refer
the matter to staff to Include clearer and simpler policy
language WhICh establIshes standard race courses wIthIn the CIty
based on preVlous courses used. Second by Councllmember EpsteIn.
DI scus sian was held. The motIon was approved by the folloWl ng
vote:
CounCIl Vote: Unanlmously approved 7-0
6-1: ANNUAL FINANCIAL REPORT FOR 1983-84 FISCAL YEAR: Presented
wa s a staff report recommend lng that the Cl ty' s Comprehensl v e
Annual FlnancIal Report for FIscal Year 1983-84 be receIved and
flIed. Councllmember EpsteIn moved to lImit audience
partlc 1 pat ion to three mInutes. Second by Counc llmember Ka tz.
The motIon faIled by a VOIce vote. Dl SCUSSlon wa s held. P. B.
Worthman, MunicIpal employees representatIve, spoke to request
that a portion of the City's reserves be used to lncrease certaIn
employee's salarIes. Councllmember Epsteln moved to accept the
Annual FInancial Report as presented, Second by Councilmember
Katz. The motlon was approved by the folloWIng vote:
CounCIl Vote: UnanImously approved 7-0
a-A: INTERIM DEVELOPMENT PERMIT APPEAL PROCEDURE: Presented was
a report transml ttIng an ordInance for introductIon and fIrst
readlng amendIng the InterIm Development Permit ordInance by
add Ing an appeal procedure. 01 SCUSSlon wa S held. Mayor Reed
opened the public hearIng at 9: 25 P. M. Vince Muselll spoke to
clarIfy the appeal process. DIScussIon was held. The publIC
hear lng was declared closed at 9: 44 P. M. Counc Ilmember Conn
moved to dIrect staff to prepare an appeal procedure ordInance
along the lInes of the Coastal CommISSIon appeal process. Second
by Councilmember Katz. DIScussIon was held. CouncIlmember
JennIngs moved a sUbstl tute motIon to introduce an ordInance
entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
6
Dee ember 11, 1984
24
MONICA AMENDING ORDINANCE NUMBER 1321 (CCS) TO ESTABLISH AN
APPEAL PROCEDURE," read ing by tI tl e only and waiving further
readIng thereof. Second by Councilmember Edwards. DIScuss~on
wa s held. The subStI tute motIon \..[a s approved by the following
vote:
CouncIl Vote: AffIrmatIve: Councllmembers Edwards, Jennnings, I
Zane and Mayor Reed
NegatIve: Counc~lmembers Conn, Epste~n and
Katz
Councilmember EpsteIn requested the record to reflect he voted
agaInst the motIon to allow staff to look Into CouncIlmembers's
Conn's orIgInal motIon.
Councllmember EpsteIn moved, in view of the long agenda, that
they not wa~ ve the rules to allow publIC partIcIpation on any
"14" (CouncIl Item) on the agenda this evenIng. Second by
Councllmember Edwards. The mot~on was approved by the followIng
vote:
CouncIl Vote: AffIrmatIve:
Counc ilmember s Edwards, EpsteIn,
Katz, Jennings and Mayor Reed
NegatIve:
CouncIlmembers Conn and Zane
Councilmember Zane requested the record to reflect It is hardly
an abuse of the process to allow ten mInutes for publIC comment.
8-B: PREFERENTIAL PARKING ZONE D: Presented was a staff report
transmittIng an ord1nance for introduct1on and fIrst readIng
establIshIng PreferentIal ParkIng Zone D on Stanford Street
beteen WIlsh1re Boulevard and LIpton Avenue. Counc~lmember
Epstein moved to llmlt publ1C speakers to three minutes each.
Second by Councllmember Conn. The motIon was approved by a VOIce
vote of f1 veto two, Councilmember s Edward sand Zane opposed.
D~scussion was held. The publIC hear1ng was opened at 10:02 P.M.
The followIng per sons spoke 1n favor of the ord ~nance: Wi 11 ~am
BertIe, Ben Adams, MImI Schroeder, Charles Fryer, Pat Burke, John
BodkIn and Terry Scharton. There being no one else w1shing to
speak to the matter, Counc1lmember EpsteIn moved to close the
pUblIC hearIng at 10:15 P.M. Second by Councllmember Conn. The
motIon was approved by unanImous vote. Councllmember Edwards
moved to Introduce an ordInance enti tIed: "AN ORDINANCE OF THE I
CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238d TO
THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING
ZONE D," read1ng by t1tle only and waIvIng further readIng
thereof. Second by CouncIlmember EpsteIn. D1Scuss~on was held.
The motIon was approved by the follow1ng vote:
CouncIl Vote: UnanImously approved 7-0
8-C: CABLE TELEVISION USERS TAX: Presented was a staff report
transmitting an ordInance for 1ntroduction and f1rst reading
amendIng the Mun1cIpal Code relating to the Cable TelevIsIon
7
December 11, 198-4
I
I
25
Utllity Users Tax. The publlc hearlng was declared open at 10:20
P.M. There belng no one wlshlng to speak to the matter,
Counc llmember Conn moved to close the publlc hear lng at 10: 20
P.M. Second by Councllmember Epsteln. The motlon was approved
by unanimous vote. Councllmember Conn moved to lntroduce an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 6623A OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO CABLE TELEVISION UTILITY USERS TAX,"
reading by title only and waiving further reading thereof.
Second by Mayor Reed. The motIon was approved by the following
vote:
Council Vote: Afflrmatlve:
Councllmembers Conn, Edwards,
Jennlngs, Katz, and Mayor Reed
NegatIve:
Councllmember EpsteIn
Absent:
Councllmember Zane
8-0: UNDERGROUND STORAGE TANK ORDINANCE: Presented was a staff
report transmitting an emergency ordinance for Introduction and
apdoptlon amending Underground Storage Tank ordinance. The
publlc hearIng was declared open at 10:24 P.M. There being no
one wlshing to speak, Counc ilmember EpsteIn moved to close the
publlc hearing at 10:25 P.M. Second by Councllmember Conn. The
motion was approved by un an lmous vote. Counc ilmember J enn lngs
moved to adopt emergency Ord lnance No. 1323 (CCS) enti tIed: fI AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6 OF ARTICLE VIII OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO UNDERGROUND STORAGE TANKS AND DECLARING THE
PRESENCE OF AN EMERGENCY J" reading by tI tIe only and waiving
further reading thereof. Second by Councllmember EpsteIn. The
motIon was approved by the following vote:
Council Vote: Unanimously approved 7-0
DISCUSSIon was held. Councllmember JennIngs moved to request the
Mayor to send a letter to the State Water Quallty Control Board
requestIng them to notify us in advance and all other citIes that
have been grandfathered out of the State legislatIon whenever
there are any future changes in advance so that we can make the
appropr la te changes In our ordinances. Second by Counc Ilmember
EpsteIn. The motion was approved by unanimous vote.
9-A: EMPLOYEE MEMORANDA OF UNDERSTANDING (MEA AND STA) :
Considered during Closed Session (Item 11-E) at end of meeting.
A recess was held at 10:26 P.M.
reconvened wIth all members present.
At 10:39 P.M.
Council
11-B: WILSHIRE-MONTANA NEIGHBORS ASOCIATION: Councllmember
Edwards moved to contInue thIS matter to January 8, 1985. Second
by Councllmember Zane. The motion was approved by a vote of SlX
In favor, Councilmember Conn opposed.
8
December 11, 1984
26
1 O-A : LATINO AFF AI RS ADVI SORY COMMITTEE REPORT: Pr esen ted wa s
the FInal Report of the Ad VI sory Commi t tee on LatIno Affairs.
Francisco Franco and Jesus Arguelles presented the report,
Including goals and recommendations, on behalf of the Task Force
on LatIno AffaIrs. DISCUSSIon was held. By consensus, the report
was receIved into the record and commendatIons expressed to the
Task Force members.
11-A: THI RD STREET DEVELOPMENT CORPORATION: Presented was a
recommendatIon to approve a Code of Ethics for the ThIrd Street
Development Corporation. At 11:04 P.M. Councilmember EpsteIn
moved to extend the meetIng after 11:00 P.M. Second by
Counc ilmember Conn. The motIon was approved by unan imous vote.
CorporatIon Board Member Tom Carroll and Dr. Joe Mont spoke in
support of the Code. DISCUSSIon was held. Mayor Reed moved to
approve the Code of EthICS WhiCh provides standards and gUIdance
to the directors, officers and employees of the Third Street
Development Corporation wi th the follOWIng changes: the
definItIon of gIft and amount of gIft be the same as that portIon
of the State law with WhICh the Planning CommISSIoners and CIty
Councllmembers need to comply; the real property reportIng
reqUIrement include the sphere of Influence gOIng to the midlIne
of Second Street and Fourth Street, including the cross streets,
and from Colorado Avenue to WIlshIre Boulevard mIdlIne. Second
by Councllmember Edwards. The motIon was approved by a VOIce
vote of SIX In favor, Councilmember EpsteIn abstaInIng.
11-B: ConSIdered before Item 10-A.
11-C: UNDERGROUND TANK REGULATIONS:
staff.
Withdrawn at request of
I
11-D: SMOKING ORDINANCE: Presented was a staff report prOVIdIng
InformatIon on recently adopted smokIng ordinances In varIOUS
California cIties. DISCUSSIon was held. The following members
of the public spoke In favor of antI-smokIng legislatIon:
Stanley RubIn, Irene Peterson, Mary Sandberg, Donald LeWIn Nelson
and Wal t Bllofsky. Councllmember EpsteIn moved to dIrect the
CIty Attorney to prepare a non-smokIng ordInance contaInIng
prov ISlons referenced in hIS memorandum dated December 6, 1984,
prOhIbItIng smokIng in (among other places) theatres, elevators,
hospItals, work places of more than 5 employees; prOVIding that
the fIrst offense be an Infraction rather than a mIsdemeanor; and
other provIsions. Second by Councllmember Edwards. DISCUSSIon
was held. Councllmember Katz moved a substItute motIon that the I
proposed ordinance go forward WIthout the prohibItIon on smOking
in work places. Second by Mayor Reed for discussion purposes.
DiSCUSSIon was held. The substitute motIon faIled by the
follOWIng vote:
Council Vote: AffIrmative:
Councllmember Katz and Mayor Reed
Negative:
Councllmembers Conn, Edwards,
EpsteIn, Jennings and Zane
9
December 11, 1984
I
I
27
Di scus s ion was held. Mayor He ed read again the motIon on the
floor WhICh was to request an ordInance be drafted as presented
by Councllmember Epstein prohIbIting smokIng in public restrooms,
elevators, hOspItals as specified, retail food stores,
pharmac ies, mu seums , 11brar i es and galler les, and wo rk pI aces,
including an optIon for delaYIng the effectIve date. The motIon
was approved by the followIng vote:
CouncIl Vote: Unanimously approved 7-0
Mayor Reed moved to start the non-smokIng procedure for the CIty,
as employer, puttIng into place the work place reqUIrements
outlIned In the Los Angeles CIty ordInance In Santa MonIca City'S
own work force, requesting staff to report as to the reqUIrements
that WIll need to be met wlth regard to employee group meet and
confer and other relevant Issues before thIS can be lnstl tuted
InSIde the CI ty employment. Second by Councllmember Conn. The
motIon was approved by the follOWing vote:
Council Vote: AffirmatIve:
Councllmembers Conn, Epstein,
JennIngs, Katz, Zane and Mayor Reed
Negative:
Councllmember Edwards
12-A: DEVELOPMENT PROPOSED AT 1535-18TH STREET: Presented was a
sta ff report presenting an appe al from the PlannIng Comml SSlon
denial of an applicatIon to develop an eight-unit apartment
bUIlding at 1535-18th Street ln the R2 DIstrict, Yousef
Yousefzedeh, applicant/appellant. Darioush Rahlmlan,
represent ing the appl ic an t/ appellant, spoke In support 0 f the
proposal. Councllmember Epstein moved to affIrm the deCISIon of
the PlannIng CommISSIon on the basis that the Commission acted
properly and reasonably In making Its determinatIon, therefore
denYIng the applIcatIon to develop an eIght-unIt apartment
bUIld ing at 1535 - 18th Street. Second by Counc Ilmember Ka tz.
DurIng dIScussion, at 11 :55 P.M. Councilmember Conn moved to
extend the meetIng to 1:00 A.M. The motIon was duly seconded and
approved by a vote of SIX In favor, Councllmember Zane opposed.
DIScussion was held. The motIon to deny the appeal was approved
by the follOWIng vote:
CounCIl Vote: UnanImously approved 7-0
13-A: POLITICAL SIGNS: Presented was the request of Craig
MIchael Tappa to address CounCIl regarding polItIcal SIgns
remaInIng In the CIty after electIons. There being no one
present to speak In regard to the matter, Councilmember EpsteIn
moved to receive and fIle the communIcatIon. The motIon was duly
seconded, and there belng no obj ection, the motIon was approved
by unanImous vote.
14-A: METROPOLITAN COOPERATIVE LIBRARY SYSTEM: Presented wa s
the matter of appointment of members to the AdVIsory Board of the
Metropol i tan CooperatIve LIbrary System. Nomi natIons were
declared open for the Delegate member. Councilmember Epstein
nominated Sue Alexopoulos. Councllmember Conn nomInated Francia
10
December 11, 1984
28
Lee Bally. There being no other nominations, Mayor Reed closed
the nominations. The vote on the nominations was as follows:
Sue Alexopoulos:
Councllmembers Edwards, Epstein, Jennings
and Katz
FranCia Lee Baily:
Councllmembers Conn, Zane and Mayor Reed
I
Therefore, Sue Alexopoulos was appointed as a Delegate member to
the Advisory Board of the MetropolItan Cooperative Library System
for a term endIng December 31, 1986.
Nominations were declared open for the Alternate member. Mayor
Reed moved that FranCIa Lee Bally be appoInted to the AdvIsory
Board of the MetropolItan CooperatIve LIbrary System by
acclamatIon. Second by Councllmember Epstein. The motion was
approved by the follOWing vote:
Council Vote: Unanimously approved 7-0
Therefore, FranCIa Lee Bally was apPOInted as an Alternate member
to the Ad v isory Board of the Me tropol i tan Cooperative LIbrary
System for a term ending December 31, 1986.
14-B: HOUSING COMMISSION: Presented was the matter of the
appOintment of a SectIon 8 Housing member to the HOUSIng
CommISSIon. NominatIons were declared open. Councllmember
EpsteIn moved that Joyce Budzeleskl be apPOInted to the HOUSIng
Commission by acclamatIon. Second by Councilmember Katz.
Councilmember Zane moved to waive the regulations to permit late
nomInations. The motIon failed for lack of a second. The motion
to appOInt Ms. Budzeleskl was approved by the follOWIng vote:
CounCIl Vote:
AffirmatIve:
Councllmembers Conn,
EpsteIn, JennIngs, Katz
Reed
Edwards,
and Hayor
NegatIve:
Councllmember Zane
Therefore, Joyce Budzeleski wa s appointed to the HOUSIng
CommIssion for a term endIng June 30, 1987.
14-C: HOMELESS PEOPLE: Presented was the request of
CouncIlmemher Epstein to discuss measures regarding homeless
people. Councllmember EpsteIn Introduced diSCUSSIon in regard to I
hIS memorandum dated December 3, 1984 t enti tIed "Homeless
Proposals for 12-11-84." Counc llmember EpsteIn moved the fIrst
sectIon of hIS memorandum haVIng to do WIth legIslative and
lobbYing actIon, thereby directing the CI ty Attorney to prepare
In resolutIon form the legislatIve proposals In the report
entItled "Report to the CIty CounCIl of the CIty of Santa Monica
on the Homeless In Santa Monica by Robert M. Myers, City
At torney," dated December 1984; ind lcatlng that these proposal s
are to be a prIority for the CIty lobbYIst; and authorIZIng the
Mayor and/or designate to meet with the County and other entIties
to attempt to secure additIonal aSSIstance WIth the homeless
1 1
December 11, 1984
I
I
29
problem, particularly addressing the Issues of shelter assistance
and men tal heal th treatment programs. Second by Councilmember
Zane. Mayor Reed appointed Councilmember EpsteIn as the Mayor's
deSIgnate. DurIng discuSSIon and WIth the consent of the second,
CouncIlmember EpsteIn Included In the motIon Councilmember
Edwards' suggestion that the Ci ty should maIntaIn contact and
work cooperatively WIth state legislators to monItor legIslatIon
and continue to follow through on the request to the Governor and
other state agenCIes to modify the Lanterman-Petrls-Short Act.
Councllmember Conn moved an amendment to consider co~mencing
lItIgatIon agaInst the County wi th respect to Its faIlure to
prOVIde treatment to gravely disabled IndIVIduals in the
communIty. Second by Mayor Edwards. DISCUSSIon was held. The
CIty Attorney offered that the amendment dIrect the City Attorney
to prepare a legal research memorandum that could be used for
purposes of assistIng In lobbYIng and, In the event lobbYIng IS
unsuccessful, then It would also analyze the legal issues
involved In any potential lItIgatIon. The wordIng offered by the
Cl ty At torney was accepted by Councilmembers Conn and Edwards,
maker and second of the amendment; accepted as frIendly by
Councllmembers EpsteIn and Zane, maker and second of the maIn
motIon; and therefore Incorporated Into the maIn motIon. The
motion was approved by unanImous vote.
Councilmember EpsteIn moved a portIon of the second part of hIS
memorandum relating to staff and communIty conSIderatIon, thereby
directing staff to (a) report on the need for addItIonal police
officers to be deSIgnated for walking and/or scooter beats In
parks and pedestrIan areas; (b) evaluate the need for an
approprIate means of InsurIng crISIS Intervention and assistance
to the homeless populatIon as proposed by the CIty Attorney (In
the aformentloned report dated December 1984) or In other
appropr i ate form, and presen t optIons to the CouncIl, Inc 1 ud lng
evaluatIon of the des i rablll ty of dIrect Cl ty staffIng or a
contract approach; (c) authorIze necessary overtime to Increase
patrol s 1n senSl tl ve areas such as parks and pedestr Ian areas;
(d) dur lng the bud get process for the next fIscal year, and in
the proposed grant speCIficatIons 1 to conSIder policy optIons
related to the needs of the homeless and their impact on the
communIty In consultaton with the usual bodies and WIth the
WorkIng Group referred to later In this recommendatIon;
consideratIons to Include pOSSIble mental health and SOCIal
service programs to assist existIng homeless populatIons In Santa
MonIca, publIC health contract programs, and day labor programs;
and (e) report to the CounCIl regardIng InformatIon and/or
research needed by the CI ty for further refInement of POlICY
opt Ions in thi s fIeld. Second by Ma yor Pro Tempore Jenn Ings.
Dur Ing dISCUS sIan, and wi th the consent of the second,
Councllmember Epstein incorporated Into the motion Councilmember
Edwards' suggestion to include addItional language In subsectIon
(a) so it reads "...need for addItIonal police officers or
alternative forms of patrol to be designated...". Councilmember
Katz moved an amendment to dIrect the CIty Attorney to research
and report on the pOSSIbilIty of an ordinance WhICh would
prohibl t IndIVIduals lIVIng in automobIles In reSIdential
neIghborhoods. Second by Mayor Reed. WI th the consent of the
12
December 11, 1984
30
second, Councilmember EpsteIn accepted the amendment as friendly,
therefore IncorporatIng it Into the maIn motIon, and addIng that
optIons to deal wi th the Issue also be consIdered. DIScussIon
was held. The motion was approved by unanimous vote.
Councllmember EpsteIn moved the portion of hIS memorandum which
authorIzed the Clty Manager to create a Working Group on homeless
persons at the earliest posslble date, the group to include
r epresentatl ves of relIgIous commun i ti es, bUSln ess, soc ial
servlce agenc les, law enforcement, and ord Inary CI tI zens; its
mandate WIll Include: (a) the conduct of publIC workshops and
hear Ings; (b) conslder atlon of the need s of the homeless; (c)
examlnatlon of the impact of the homeless on parks, buslness,
reSIdentIal zones, and publlC safety; Cd) propOSIng CIty portions
on legIslative programs In the areas of mental health, housing,
penal law, and other areas that may be requlred to aSSIst In thlS
problem; and (e) conSIderatIon of measures the city, other
governmen t agenc ies, and the pr 1 v ate and non-profi t sectors may
take to Improve the lot of the homeless and to reduce the
perceived and actual threat to publiC safety and the bUSIness
clImate posed by the presence of thIS population; the CIty
At torney and sta ff shall prov Ide appropr ia te lIaIson and
asslstance to the group; the Mayor shall deSIgnate a Councll
llalson to the group, and the SOCIal Services CommiSSIon shall
appOInt a lIaIson to thIS group. Second by Councllmember Conn.
DIScusslon was held. The motIon was approved by unanimous vote.
Councllmember Epsteln moved to allocate $25,000 from the
Contingency Fund for emergency feed Ing programs for destl tute
persons to be Implemented as qUIckly as pOSSIble, staff to be
empowered to allocate funds through agencies currently funded for
these purposes. Second by Councllmember Katz. DISCUSS ion was
held. The motIon was approved by the follOWIng vote:
CounCIl Vote: Unanimously approved 7-0
Councllmember EpsteIn moved that a meetIng be scheduled for the
conSIderation of the homel ess Issue and the requested I terns as
well as the opportun 1 ty for a publlC hear ing. The motIon was
duly seconded and unanImously approved.
14-D: PARKING PROBLEMS/VARIOUS STREETS: Presented was the
request of Councilmember Conn to dISCUSS parkIng problems on side
streets adjacent to Colorado Avenue and east of Lincoln
Boulevard. Councilmember Conn Introduced dISCUSSIon.
Councilmember Conn moved to direct staff to evaluate the present
SItuatIon regarding cars parked on these streets and present
optIons for allevlatlng parkIng problems and prOVIding more
parkIng on streets adjacent to Colorado Avenue. Second by
Councllmember Zane. There beIng no obJ ec t ion, the motIon wa s
unanImously approved.
1 4-E: MALL
Councilmember
vandalism.
Councllmember
PARKING SECURITY: Presented was the request of
Zane to dISCUSS Mall parkIng security agaInst
CouncIlmember Zane Introduced dISCUSSIon.
Zane moved to dIrect staff to Investlgate and
13
December 11, 1984
I
I
31
report regard Ing the feas i bIll ty and effectiveness of
Ma 11 secur I ty by use of surveIllance cameras. Second
Pro Tempore JennIngs. DIScUSSIon was held. There
obJectIon, the motIon was unanImously approved.
Improving
by Mayor
beIng no
I
14-F: VIRGINIA PARK RECREATIONAL BUILDING: Presented was the
request of Mayor Reed to dISCUSS waIvIng the fee for use of the
VIrginIa Park recreatIonal bUIldIng by the LatIno Resource
OrganIzatIon on April 20, 1985. Mayor Reed moved to approve the
request. Second by Councllmember Epstein. The motion was
approved by the following vote:
CounCIl Vote: UnanImously approved 7-0
14-G: MUNICIPAL EMPLOYEE ASSOCIATION: Presented was the request
of Councllmember Zane to dISCUSS the request of varIOUS MunicIpal
Employee ASSocIation representatIves to address CounCIl regardIng
MEA negotIatIons. CouncIlmember Zane spoke In support of theIr
request to speak. DIScussIon was held.
11-D AND 9-A: CLOSED SESSION; EMPLOYEE MEMORANDA OF
UNDERSTANDING (MEA AND STA) : Presented was a request for Closed
SeSSIon for the purpose of consIderIng personnel matters and
threatened lItIgatIon, pend ing lItIgatIon and 11 tlgatlon to be
commmenced by the CIty. At 12:50 A.M., Mayor Pro Tempore
Jennings moved to adjourn to Closed SeSSIon and to extend the
meetIng to 1: 30 A. M. The motIon was duly seconded and approved
by unanImous vote. Counc il reconvened at 1: 26 A. M., WI th the
folloWIng members present: CouncIlmembers Conn, Edwards,
EpsteIn, Katz, Zane and Mayor Reed.
CouncIlmember Conn moved to adopt ResolutIon No. 6955(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES
ASSOCIATION REPRESENTING PROFESSIONAL, ADMINISTRATIVE, CLERICAL
AND TECHNICAL EMPLOYEES (MEA) AND AUTHORIZING THE MAYOR TO
EXECUTE AN APPL I CA TION FOR COVE RAGE UNDER SECTION 710.5 OF THE
UNEMPLOYMENT INSURANCE CODE ON BEHALF OF MEA," readIng by tItle
only and waiVing further reading thereof, amending Contract No.
3612(CCS). Second by Councllmember EpsteIn. The motion was
approved by the follOWIng vote:
Councll Vote: UnanImously approved 6-0
I
Absent: Hayor Pro Tempore Jennings
(Mayor Pro Tempore JennIngs entered the Chambers.)
Councllmember Conn moved to adopt Resolutlon No. 6956(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY TEAM
ASSOCIATES/MUNICIPAL EMPLOYEES ASSOCIATION (STA) AND AUTHORIZING
THE MAYOR TO EXECUTE AN APPLICATION FOR COVERAGE UNDER SECTION
710.5 OF THE UNEMPLOYEMENT INSURANCE CODE ON BEHALF OF STA,"
1 4
December 11, 1984
32
reading by tltle only and walvlng further readlng thereof,
amend lng Contrac t No. 3787 (CCS) . Second by Coune llmember Katz.
The motion was approved by the followlng vote:
Council Vote: Unanlmously approved 7-0
Councilmember
Romero vs.
Councllmember
vote:
Conn moved
Ci ty In
Epsteln.
to approve settlement in the case of
the amoun t 0 f $36,000. Second by
The motlon was approved by the followlng
Councll Vote: Afflrmatlve:
Councllmembers Conn, Edwards,
Jennings, Katz, Zane and Mayor Reed
Abstaln:
Councllmember Epsteln
Councllmember
Gillett vs.
Councllmember
v ate:
Conn moved
Cl ty In
Epsteln.
to approve settlement in the case of
the amount of $18,000. Second by
The motlon was approved by the following
Council Vote:
Unanimously approved 7-0
Councilmember Conn moved to approve settlement In the case of
Barcohen 'Is. City, with an amendment to paragraph 6, that
provldes in the event that constructlon 1S not dil1gently and
contlnuously pursued, the build1ng perm1t shall automatically
lapse. Second by Counc1lmember Epstein. The motlon was
approved by the followlng vote:
Councll Vote: Unanlmously approved 7-0
ADJOURNMENT: At 1: 29 A.M., Councllmember Conn moved to adJourn
the meet1ng in memory of Laura Alcorn, Santa Monlca resident.
The motlon was duly seconded and approved by the followlng vote:
Council Vote: Unanimously approved 7-0
ATTEST:
/! I ~
71""xf-ii"" A
! )/J---vL ,;" /" I "" "~../'~
1_ _ . I "-
Ann M. Shore
City Clerk
APPROVED:
~1:,~ f.l?:-J(
Mayor
15
December 11, 1984
I
I