M-11/26/1985
34b
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 26, 1985
A meeting of the Santa Monlca Clty CouncIl was called to order by ~
Mayor Reed at 6:00 P.M. on Tuesday, November 26,1985, In the
CouncIl Chambers.
Roll Call: Present: Mayor Chrlstlne E. Reed
Mayor Pro Tempore Wllllam H. JennIngs
Councllmember James P. Conn
(entered 6:10 P.M.)
Councllmember Davld G. EpsteIn
(entered 6:25 P.M.)
Councllmember Alan S. Katz
Councllmember Herbert Katz
Councllmember Dennls Zane
(entered 6:10 P.M.)
Also Present: Clty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
At 6:08 P.M., a motIon was made, seconded, and unanImously
approved to adJourn to Closed SessIon.
CLOSED SESSION: A Closed Sesslon, called by SpecIal Notlce, was
held for the purpose of conslderlng personnel matters. At 7: 29
P. M., the CouncIl reconvened, WI th all members present. Mayor
Reed announced that no actlon was taken.
ADJOURNMENT: At 7:29 P.M., Councllmember A. Katz moved to
adjourn the SpecIal Meetlng. Second by Councllmember EpsteIn. '
The motlon was unanImously approved.
REGULAR CITY COUNCIL MEETING
A regular meetIng of the Santa MonIca CIty Councll was called to
order by Mayor Reed at 7:30 P.M. on Tuesday, November 26, 1985,
in the CouncIl Chambers. Councllmember Conn led the assemblage
I n the pledge of allegIance to the Un I ted States of Amer lC a.
Reverend Chuck WIggIns, FI rst Un I ted MethodIst Church, 0 ffered
the lnvocatlon.
REDEVELOPMENT AGENCY MEETING:
Roll Call: Present: ChaIrperson ChrIstIne E. Reed
ChaIrperson Pro Tempore Wllllam H. JennIngs
Agency Member James P. Conn
Agency Member DaVId G. EpsteIn
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November 26, 1985
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Agency Member Alan S. Katz
Agency Member Herbert Katz
Agency Member Dennis Zane
Also Present: ExecutIve DIrector John Jallll
Agency Attorney Robert M. Myers
Agency Secretary Ann M. Shore
Member Epstein moved to add Item RA-2 to the Agenda. The motlon
was duly seconded and unanImously approved.
RA-l : APPROVAL OF REDEVELOPMENT AGENCY MINUTES: Pr esen ted for
approval were mInutes of Redevelopment Agency meetIngs of
September 10, and September 17 I 1985. Agency Member Conn moved
to approve the mln utes as presented. Second by Member Epsteln.
The mot Ion was approved by a vote of fIve In favor,
Councilmembers A. Katz and H. Katz abstalnlng due to thelr not
belng present at these meetIngs.
There beIng no obJectIon, the CouncIl meetlng was convened at
thIS tlme In order to hold JOint dIScUSSIon In regard to Item
RA-2 and CouncIl Agenda Item ll-A.
JOINT MEETING OF REDEVELOPMENT AGENCY AND THE CITY COUNCIL
At 7:40 P.M., a JOInt meeting of the Redevelopment Agency and the
CIty Cauncll was called to order. Roll Call of the CouncIl was
held, the Redevelopment Agency belng already In SeSSIon.
Roll Call: Present: Mayor ChrIstIne E. Reed
Mayor Pro Tempore Wllliam H. JennIngs
Councllmember James P. Conn
Councllmember David G. Epsteln
Councllmember Alan S. Katz
Councllmember Herbert Katz
Councllmember DennIS Zane
Also Present: CIty Attorney Robert M. Myers
Clty Manager John JalllI
CIty Clerk Ann M. Shore
By unanImous consent,
dIScusSIon WIth RA-2.
Item l1-A was brought forward for
RA-2, l1-A: HOUSING ACQUISITION AND REHABILITATION PROGRAM/ PICO
NEIGHBORHOOD HOUSING FUNDS: Presented were staff reports
recommendIng (Item RA-2l-approval of rev lsed program guidelInes
for the CIty-wIde HOUSIng AcqUISItIon and RehabIlItatIon Program
and authorIzIng the ExecutIve DIrector to execute contract wi th
CommunIty CorporatIon of Santa MonIca for dIsbursal of $75,000 ln
earnest funds, and; (Item ll-A) approval of reVIsed program
gUIdelInes for the P1CO NeIghborhood HOUSIng Trust Fund,
authorIzatIon of the executIon of an agreement WIth P1CO
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November 26, 1985
348
Neighborhood As SOCl atlon, and author 1 zat Ion of executIon 0 f a
contrac t wIth CommunIty CorporatIon of Santa MonIca for earnest
funds. DISCUSSIon was held. Agency Member EpsteIn moved
adoptIon of the staff recommendation, I.e., approval of the
rev 1 sed program gu Idellnes for the Cl tywlde HOUSl ng AcqUISi tIon
and RehabIlitatIon Program, WI th the following two changes: 1) I
Include a sentence that In no case shall the loan term exceed the
estImated useful lIfe of the Improvements on the property, and 2)
del ete the term "communI ty-based" and leave non pro fl t housIng
development corporatIon as an elIgible borrower. Second by
Agency Member JennIngs. DISCUSSIon was held.
Agency Member Conn moved to dIVIde the question so that Mr.
Epst'eIn's amendments can be debated and voted on separately.
After dIScussion, Agency Member Conn moved to delete the
amendment that Mr. EpsteIn made to tie the length of the loan to
the useful lIfe of the bUIldIng. Second by Member lane.
DiSCUSSIon was held. The amendment was approved by the followIng
vote:
Agency vote: AffIrmatIve: Agency Members Conn, JennIngs,
A. Katz, H. Katz, Zane
NegatIve: Agency Member EpsteIn,
ChaIrperson Reed
Agency Member Conn moved an amendment to restore the language
"community-based" In the maIn motIon. Second by Agency Member A.
Katz. DISCUSSIon was held. The motIon to restore the language
"communIty based" faIled by the following vote:
Agency vote: AffIrmatIve: Agency Members Conn, lane
NegatIve: Agency Members EpsteIn, A. Katz, H.
Katz, Jennings, ChaIrperson Reed
The maIn motIon was approved by the fOllowIng vote:
Agency vote: UnanImously approved 7-0
CouncIlmemb~r EpsteIn moved to approve the revIsed program
gUIdelInes for the PICO NeIghborhood HOUSIng Trust Fund. Second
by CouncIl Member lane. The motIon was approved by the followIng
vote:
Agency Member EpsteIn moved to approve
CorporatIon of Santa MonIca for the
earnest money funds. Second by Agency
was approved by the followIng vote:
a contract WIth CommunIty
dIsbursal of $75,000 In
Member Zane. The motIon
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CouncIl vote: Unanimously approved 7-0
Agency vote: UnanImously approved 7-0
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November 26, 1985
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Councllmember A. Kat z moved to author 1 ze the Cl ty Manager to
negotIate and execute Contract No. 4618CCCS), beIng an agreement
between the PIca Nelghbhorhood ASSOcIation and the Ci ty for the
ImplementatIon of the PICO NeIghborhood HousIng Trust Funds as
descrIbed In the staff report. Second by Councllmember Epstein.
The motIon was approved by the followIng vote:
CouncIl vote: UnanImously approved 7-0
Councllmember Conn moved to approve Contract No. 4619( CCS) WI th
the Communlty--corporatlon of Santa MonIca for dIsbursal of
earnest money funds from the Trust Fund. Second by Councllmember
EpsteIn. The motIon was approved by the followIng vote:
CouncIl vote: UnanImously approved 7-0
ADJOURNMENT: At 8:20 P.M., Member EpsteIn moved to adJourn the
Redevelopment Agency meetIng. Second by Member Conn. The motIon
was approved by unanImous vote.
REGULAR CITY COUNCIL MEETING - RECONVENED
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. Councllmember EpsteIn moved to approve
the Consent Calendar wIth the exceptIon of Items 6-A, 6-F, 6-G,
6-1 and 6-V, readIng resolutIons and ordInances by tItles only
and wa IV lng further read lng thereof. Second by Counc llmember
Conn. The motIon was approved by the followIng vote:
CouncIl vote: UnanImously approved 7-0
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon No. 7114(CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL
EMERGENCY", arIsIng from past storms, hIgh tIdes, and heavy surf,
was adopted.
6-C: ALLEY RESURFACING: ResolutIon No. 7115(CCS) entItled: "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 THE RESURFACING OF OZONE PLACE
NORTH BETWEEN LINCOLN BOULEVARD AND HIGHLAND AVENUE", was
adopted, settIng a publIC hearIng for December 10, 1985.
6-D: SALARY RATE AND CLASSIFICATION SPECIFICATION: ResolutIon
No. 7116(CCS) entitled:--WX RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE POSITION OF
PRINCIPAL ACCOUNTANT", was adopted, and a new claSSIfIcatIon
speCIfIcatIon was approved.
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November 26, 1985
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6-E: PHYSICALLY HANDICAPPED PARKING ZONE: Resolution No.
7117(CCS) entl.tled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 140 PACIFIC STREET", was adopted.
6-F: EXECUTIVE PAY PLAN: Resolutl.on No. 7118(CC3) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE EXECUTIVE PAY PLAN", was adopted, thereby amendl.ng
Resolutl.on No. 7058(CCS) and provl.dl.ng for a long term dl.sablllty
elIminatIon perIod of SIxty days.
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6-H: DAMAGED SIDEWALKS , DRIVEWAYS, AND CURBS: Re solutIon No.
7120(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-85-73)",
was adopted, settl.ng a publlC hearIng for December 10, 1985.
6-J: PREFERENTIAL PARKING ZONE: OrdInance No. 1346(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 3238E TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH PREFERENTIAL PARKING ZONE E", Introduced November 12,
1985, was adopted, thereby establlshing PreferentIal ParkIng Zone
E on 25th Street between San Vl.cente Boulevard and Carlyle
Avenue.
6-K: VESTING TENTATIVE MAPS: OrdInance No. 1347(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 9325 TO THE SANTA MONICAL MUNICIPAL CODE TO
PROVIDE FOR VESTING TENTATIVE MAPS", lntroduced November 12,
1985, was adopted.
6-L: CONVENTION AND VISITORS BUREAU: A recommendatl.on was
approved authorlZl.ng an amendment to the by-laws of the Santa
Monica ConventIon and Vlsitors' Bureau regardIng appOIntments to
the Board of Dlrectors.
6-M: DC-3 AIRPLANE 50TH ANNIVERSARY: A recommendation was
approved to co-spon sor Wl th McDonnell Doug las Corpora tlon and
Douglas Museum the 50th Anniversary ceremony of the famous DC-3
aIrplane and declare the week beglnnl.ng December 15th as DC-3
Week In Santa Monlca.
6-N: PREFERENTIAL PARKING ZONE: A r ecommendatlon was approved I
to lnstruct the Cl ty Attorney to prepare an ordl.nance
establIshlng a preferentlal parkl.ng zone on Hill and Raymond
Streets between Llncoln Boulevard and Seventh Street, and to
increase budgeted revenue ln account 01-902-029-000-000 by
$750.00.
6-0: BUS CLEANING: A recommendatl.on was approved to reJect B &
W Service Industrles' Bl.d No. 2016 for inter lor bus cleanlng
serVlces and to explore other less costly alternatlves.
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6-P: LOADER/BACKHOE: A recommendatIon was approved to award Bid
No. 2019 to Eberhard Equipment in the amount of $37 J 922.52 to
purchase one new loader/backhoe for the Water DIvision.
6-Q: DUPLICATING PAPER SUPPLIES: A recommendatIon was approved
to award Bld No. 2032 to Klrk Paper Company and UnIsource
Corporation at unIt prlces bid for dupllcatlng paper supplles for
varIOUS City Departments for the period December 1J 1985 through
November 30J 1986.
6-R: JANITOR IAL PAPER SUPPL IES: A recommendation was approved
to award BId No. 2031 to Unlsource Corporation and Gale Supply at
unit prIces bId for JanitorIal paper supplies for varlOUS Cl ty
Departments for the period December 1 J 1985 through November 30 J
1986.
6-S: UNIFORM SERVICES: A recommendation was approved to award
BId No. 2011 to L & N UnIform Supply Co., Inc., for uniform
serVIces at unit prIces bid for varIOUS City Departments for the
perlod from December 1, 1985 through June 30, 1987 and two
one-year optIons at the same prices, terms, and condItions.
6-T: LOCAL COASTAL PROGRAM: A recommendatIon was approved to
adJust Fiscal Year 1985-86 revenue and expenditure approprIation
and Inter fund transfer accounts to lnclude grant funds awarded by
the Coastal CommIssion for the Local Coastal Program.
6-U: FIRE TRUCK: A recommendation was approved to adopt
ResolutIon No. 7122 (CCS) entl tled : It A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING, AUTHORIZING AND
DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS,
AUTHORIZING AND DIRECTING EXECUTION OF A PURCHASE AGREEMENT,
APPROVING A PRELIMI NARY OFFICIAL STATEMENT AND AUTHOR 12 I NG AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO'!; awardlng
Contract No. 4616(CCS) beIng a trust agreement With First
Interstate Bank of Callfornla as Trustee and California Cl ties
FInanc lng Corpor at lon; and Contrac t No. 4617 (CCS) be ing a lease
agreement WIth CalifornIa Cltles FInanclng Corporatlon.
END .OF CONSENT CALENDAR
6-A: APPROVAL OF MINUTES: Presented for approval were the
mInutes of the City Council meetings held on November 5, November
12, and November 19, 1985. Councllmember Epstein moved to
approve the mlnutes of November 5 and November 19, 1985 as
presented J and the mlnutes of November 12, 1985, corrected on
page 2, Item P A-1, to read IT... a d Irectl ve to the At torney for
the Authority to report at a subsequent meeting on appropriate
actIons to correct the record of prevlous Authorl ty actIon'l.
Second by Mayor Reed. The motlon was unanimously approved.
6-G: UNDERGROUND UTILITY DISTRICT: Presented was a staff report
transmittIng a resolutlon setting a publiC hearIng for December
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10, 1985, to establIsh an underground utility district on 16th
Street from Sunset Avenue to MarIne Street and on Marine Street
from 17th Street to Paula DrIve. Councilmember Jennings stated
he wIll abstaIn from votIng due to conflIct of Interest.
Councllmember EpsteIn moved to approve ResolutIon No. 7119(CCS), I
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A PUBLIC HEARING, DESIGNATING THE CERTAIN AREA
BOUNDED BY SUNSET AVENUE, MARINE STREET, 17TH STREET AND PAULA
DRIVE AS AN UNDERGROUND UTILITY DISTRICT, ORDERING THE REMOVAL Of
POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES
THEREFROM, AND ORDERING THE UNDERGROUND INSTALLATION OF WIRES AND
fACILITIES FOR SUPPLYING ELECTRIC, AND SIMILAR OR ASSOCIATED
SERVICES", readIng by tItle only and waIVIng further readIng
thereof, thereby settIng a publIC hear Ing for December 10, 1985.
Second by Counc Ilmember lane. The motIon was approved by the
fOllOWIng vote:
CounCIl vote: AffIrmatIve: CouncIlmembers Conn, EpsteIn, A.
Katz, H. Katz, lane, and Mayor Reed
AbstaIn:
Councllmember JennIngs
6-1; WA1.:ER MANAGEMENT: Presented was a staff report
transmitting a resolutIon settIng a public hearIng for December
10, 1985, on the Urban Water Man ag emen t PI an for the CI ty.
Councllmember lane Introduced dISCUSSIon. DIScussion was held.
Councllmember Zane moved to ask staff to proceed WIth the
approprIate and reqUIred publIC hearIngs but that the Urban Water
Management Plan for the CIty be expanded and the hearIng
subsequently held on ISsues pertaInIng to water quaIl ty and new
sources. Second by CouncIlmember A. Katz. DiSCUSSIon was held.
Counc llmember EpsteIn moved a sub st It ute motIon to adopt
Re solut ion No. 7121Tccs) enti tl ed : II A RESOLUTION OF THE CITY
COUNCIL Of THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR
COMMENTS TO THE URBAN WATER MANAGEMENT PLAN FOR THE CITY OF SANTA
MONICA", readIng by tItle only and waIVIng further readIng
thereof, settIng a public hearing on December 10, 1985, and
dlrectlng staff to report on December 10, 19B5 about appropriate
and cost-effective ways of meetIng communIty concerns WIth
respect to water quaIl ty and new supplIes. Second by
Councilmember H. Katz. CouncIlmember lane accepted the
substitute motIon as a reformulation of hIS motlon.
Councllmember Zane's motIon, as artIculated by Councllmember
Epsteln, was approved by the follOWIng vote:
CounCIl vote: UnanImously approved 7-0
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8-A/6-V: PUBLIC DANCE HALLS: Presented was a staff report
transmItting an ordInance for IntroductIon and fIrst readIng
regarding public dance halls, and a staff report regarding the
impact of the proposed ordInance. DISCUSSIon was held. At 8:31
P. M., the publIC hearIng was declared open. There beIng no one
WIshIng to speak, CouncIlmember EpsteIn moved to close the publIC
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November 26J 1985
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hearIng. The motIon was duly seconded and unanImously approved.
Councllrnember Conn moved to lntroduce for first readIng an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 6240F OF THE SANTA MONICA
MUNICIPAL CODE REGARDING PUBLIC DANCE HALLS", readIng by title
only and waiVing further readIng thereof. Second by
Councllmember Epstein. The motIon was approved by the followIng
vote:
Council vote: UnanImously approved 7-0
8-B: MASSAGE ESTABLISHNENT REGULATIONS: Presented was a staff
report (as arnen-ded) transmittIng an ordInance for introductIon
and first readIng amending Chapter 12 of ArtIcle VI of the
MunICIpal Code relating to regulatlon of massage establIshments
and technICIans. DISCUSSIon was held. At 8:37 P.M., the public
hearIng was declared open. Councllmember Epstein moved to limit
speakers to three minutes aplece. The motion was du~seconded.
DIScussion was held. The motIon faIled on a vote of three to
four. Discussion was held. Members of the public Robert Davis,
Fred Campbell, Garnet DUPUIS, Ginger Clark, Stuart Barasch,
Ev el yn Lehner, St eve Bankes, Char 1 es 31 emers, and Randy Ro zet,
spoke regardIng amendments to the ordInance. DurIng the publiC
hearIng, Councilmember Conn moved to waIve the rules and llmit
the comments of the publIC speakers to three mInute S each In
order to complete thIS publIC hearIng and refer the matter back
to the CIty Attorney for reVlSlon and another hearing. Second by
Councllrnember H. Katz. The motion was approved by unanImous
vote. DISCUSSIon was held. At 9:~7 P.M., there belng no one
else wlshlng to speak, Councllmember EpsteIn moved to close the
publIC hear Ing. Second by Counc Ilmember Conn. The motion was
unanImously approved. Councllmember EpsteIn moved to contInue
thIS Item With dIrection to the City Attorney to meet WIth the
varlOUS legltlmate massage people that came here tonIght or theIr
representatIves, and to make approprIate changes, partIcularly
addreSSIng the question of educatIonal reqUIrements and outcall.
DISCUSSIon was held. Second by Councllmember H. Katz.
DISCUSSIon was held. The motIon was unanImously approved.
A recess was held at 10:20 P.M.
reconvened WIth all members present.
At 10:30 P.M., CounCIl
8-C: IN-LIEU FEE OF CERTAIN ON-SITE INCLUSIONARY HOUSING:
Presented was a staff report transmlttlng an ordlnance for
introductIon and fIrst readIng establIshlng an In-lleu fee option
for certaIn programs of the HOUSIng Element and Land Use and
CIrcul at lon El emen ts. DI scuss lon was held. Counc Ilmember
EpsteIn moved to continue the Item to the first meeting In
January, Including Mayor Reed 1 s suggestIon of referral to the
PlannIng Commission and adVISIng them of the schedule for the
next conSIderatIon of the ordInance. Second by Councllmember H.
Katz. DISCUSSlon was held. Member of the pUblIC PhIllip Coombs
spoke regardlng tIme constraInt wIth regard to hIS fIve-year
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November 26, 1985
354
condomInIum prOject and provIding In-lieu fees. Discussion was
held. WIth the concurrence of the second, Councllmember Epstein
moved to amend hIS motIon, to direct the CIty Attorney to Include
In deed restrIctIons on small housIng projects (nine unIts or
less) appropr 1 ate language to allow applIc an ts to benefIt from
the ordinance If It IS adopted next year. DISCUSSIon was held.
The motIon was approved by unanImous vote.
8-D: UNDERGROUNDING-9E-UTILITIES: Presented was a staff report
transmItting an ordInance for IntroductIon and fIrst readIng
addIng MunICIpal Code Section 7913 to provIde addItIonal means of
enforcing property owners' dutIes regardIng undergroundlng of
utIlItIes. DISCUSSIon was held. At 10:41 P.M., the publIC
hearIng was declared open. There beIng no one WIshIng to speak, a
motIon to close the publIC hearIng was made by Councllmember
EpsteIn, seconded by CouncIlmember Conn, and carrIed unanImously.
CouncIlmember EpsteIn moved to Introduce the ordInance for fIrst
readIng entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTION 7913 OF THE MUNICIPAL CODE TO
PROVIDE AN ADDITIONAL MEANS OF ENFORCING UNDERGROUNDING OF
UTILITIES", readIng by tItle only and waIVIng further readIng
thereof. Second by CouncIlmember lane. DI SCUSSIon was held.
The motIon was approved by the follOWIng vote:
CounCIl vote: UnanImously approved 7-0
8-E: UTILITY USERS TAX REFUND: Presented was a staff report
transmitting an ordInance for IntroductIon and fIrst readIng
amendIng MunICIpal Code SectIon 6632 authorIZIng refund of
UtIlIty Users Tax. DISCUSSIon was held. At 10:45 P.M., the
pUblIC hearing was declared open. There beIng no one WIshIng to
speak, a motIon was made by CouncIlmember Epstein, seconded by
Councllmember Conn, and approved by unan Imous vote to close the
publIC hearIng. Councllmember EpsteIn moved to Introduce the
ordInance for fIrst readIng entItled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6632 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO REFUNDS OF THE UTILITY
USERS TAX", reading by tItle only and waIVIng further readIng
thereof. Second by CouncIlmember H. Katz. The motion was
approved by the follOWIng vote:
CounCIl vote: UnanImously approved 7-0
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8-F: CERTIFICATES OF APPROPRIATENESS OF LANDMARKS: Presented I
was a staff report transmIttIng an Emergency OrdInance for
IntroductIon and adoptIon addIng SectIon 9620 to Santa MonIca
MuniCIpal Code to prOVIde for extenSions of CertIfIcates of
ApproprIateness of Landmarks. DiSCUSSIon was held. At 10: 47
P. M., the publIC hear Ing was d ecl ared open. Ther e beIng no one
WI shlng to spe ak, Counc Ilmember lane moved to close the publIC
hear Ing. Second by Councllmember Conn. The motion was
unanimously approved. Councllmember lane moved to Introduce and
adopt Ord Inanc e No. 1348 (CCS) entl tled : "AN ORDINANCE OF THE
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CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9620 TO
THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR EXTENSIONS OF
CERTIFICATES OF APPROPRIATENESS AND DECLARING AN EMERGENCY",
readIng by tItle only and waIVIng further readlng thereof.
Second by Councllmember H. Katz. The motIon was approved by the
folloWIng vote:
Council vote: UnanImously approved 7-0
1 O-A: LOW AND MODERATE INCOME HOUSING: Presented was a staff
report from the Housing CommissIon recommendIng dIrectIon to
staff to analyze current houslng needs of low and moderate Income
reSIdents and to update the Cl ty' S hOUSIng assIstance strategy.
DISCUSSIon was held. Councllmember A. Katz moved to dIrect staff
to do an analYSIS as IndIcated In- the staff report. Second by
Councllmember Zane. The motIon was approved by unanImous vote.
11-A: PI CO NEIGHBORHOOD HOUSING FUND: See Item RA-2.
11-8: AFFIRMATIVE ACTION: Presented was a staff report
recommendIng approval of 1985-86 AffIrmatIve ActIon Plan Update .
01 ScuSSlon was held. Counc Ilmember Conn moved to receIve the
report, to send a copy of the fIve-year and ten-year trend data
to Nat Tr 1 v es and John Alschuler wIth a cover letter from the
Mayor, and to Include two suggestIons from the Personnel Board to
be consIdered or proposed as programmatIc goals at the 1986-87
budget tIme, namely: 1) a management traInee program for
protected classes WIthIn the CIty, and 2) traInIng superVIsors
to work cross culturally. Second by Councllmember H. Katz.
DIScussIon was held. The motIon was approved by the follOWIng
vote:
CounCIl vote: AffIrmatIve: Councllmembers Conn, JennIngs, A.
Katz, H. Katz, Zane and Mayor Reed
NegatIve:
Councllmember Epstein
Councllmember EpsteIn requested the record to reflect the
follOWIng: "That although I support equal opportunIty and
outreach and a VIgorous antI-dIscrImInatIon POlICY, I contInue to
oppose the numerical quotas WhICh I belIeve are implIed by thIS
pI an. I belIeve they ar e soc Iolog Ically unreallst~c, they are
InconSlstent WIth the American tradItIon of competItIon based on
Indlvldual merit rather than group membership, and they are
constItutIonally suspect and InconSIstent wlth the spIrIt of the
CIVIl serVIce system."
At 11:00 P.M., Councilmember Conn moved to extend the meetIng to
12 mIdnIght. The motIon was approved by a vote of fIve to two.
11-C : RELOCATION/DEMOLITION OF LANDMARK AT 1438 SECOND STREET:
Presented was a staff report recommendIng adoptIon or---a
resolutIon extendIng the tIme perIod for exerclsing a CertIfIcate
10
November 26, 1985
356
of ApproprIateness for relocation or demolition of Rapp Saloon, a
CIty Landmark, at 1438 Second Street. DIscussion was held.
CouncIlmember A. Katz moved to adopt ResolutIon No. 7123 (CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE TIME FOR EXERCISING CERTIFICATE OF
APPROPRIATENESS LC-03-002-1 FOR THE REMOVAL OR DEMOLITION OF THE I
RAPP SALOON FOR AN ADDITIONAL 180 DAY PERIOD", readIng by title
only and waiVIng further reading thereof. Second by
CouncIlmember H. Katz. The motIon was approved by the follOWIng
vote:
CounCIl vote: UnanImously approved 7-0
11-D: REQUEST FOR CLOSED SESSION:
evenIng.
ConSIdered later 1n the
12-A: AUTO REPAIR FACILITY AT 401 BROADWAY: Presented was an
appeal of PlannIng Commlsslon denlal of Development ReVlew 302,
proposlng an expanslon of an auto repalr facIllty at 401
Broadway. Appllcant: James Mount for Grigsby AutomotIve.
Appellant: Councllmember Herbert Katz. A staff report was
presented recommendlng approval of the appeal and adoptIon of
specIflc flndings and condItIons. DISCUSSIon was held. The
appllc an t, Mr. James Mo unt, reque sted approval for thI s proJ ect
wi th certaIn modIfIcatIons In the staff report. DI SCUSSlon was
held. Councllmember H. Katz moved to approve the appeal, reverse
the PlannIng CommiSSIon's deCIsion WIth the condltlons and
findIngs of the PlannIng CommlSSlon, WIth the exception that both
billboards should be removed, and that on Item No.2, the ARB
shall reVlew the flnal deSIgn of the Fourth Street end of the
project to ensure that the Intent of the Land Use Element POlICY
3.3.A, WhICh prOhIbIts onslte parkIng at the street frontage be
met, be removed. Second by Councllmember EpsteIn. DISCUSSIon
was held. CouncIlmember H. Katz Incorporated Into the motIon
Councllmember EpsteIn's suggestIon that a provlso comment
addressing the removal of the slgn to the extent conSIstent WIth
State law be added In the motlon. The motIon to uphold the
appeal Wl th the changes as noted was approved by the follOWIng
vote:
CounCIl vote: UnanImously approved 7-0
13-A: STREET LIGHT ASSESSMENT PASS-THROUGH: Presented was the
request of John Jurenka to address CounCIl regardIng street lIght I
assessment pass through allowed by the Rent Control Board. John
Jurenka spoke regarding the Rent Control Board declslon on the
pass through, and requested that property owners be allowed to
have a role In deCISlon-maklng affectIng propertIes. DISCUSSIon
was held. Mayor Reed requested staff to report on the
representatIons that were made at the time the CounCIl adopted
the related enabllng ordlnances.
11
November 26, 1985
I
I
357
13-B: PROPOSED RTD BUS YARD LOCATION: Presented was the request
of Jean Sed1llos, represent1ng Concerned Homeowners of Santa
Monica, to address Council regardlng the proposed RTD bus yard
locat1on. Donna Al v arez, represent1ng Concerned Homeowners of
Santa Mon1ca, spoke regard1ng the res1dents' Oppos1t1on to the
RTD locatlon and asked Councll to pass a zonlng ordlnance
addressing their concerns. D1Scusslon was held. Councllmember
Epsteln moved to ask staff to report on whether any kind of
1nterim or emergency ord1nance 1S feas1ble and approprlate to
deal w1th the spec1al offlce dlstrlct or llmlting non-use.
Second by Councllmember H. Katz. D1SCUSSlon was held. The
motlon was approved by unanlmous vote.
13-C: CARPET REMNANTS DISPLAY: Presented was the request of
George Dubl€cki of Home Carpet Company to address Councll
regardlng dlsplaYlng carpet remnants ln parklng lot. George
Dub1eck1 requested Councll approval on dlsplaY1ng carpet remnants
ln parklng lot for more V1Slblllty. D1SCUSSlon was held.
Councllmember Epsteln moved to recelve and file the
commun1catlon. Second by Counc1lmember Conn. The mot1on was
approved by unanlmous vote.
At 12:01 A.M., Councllmember Conn moved to extend the meet1ng to
12:30 A.M. Second by Mayor Reed. Councllmember Epste1n moved a
substltute mot1on to cont1nue the remalnlng agenda 1tems to 7:30
P.M., Tuesday, December 10th. The motlon falled for lack of a
second. The motlon to extend the meeting was approved by a vote
of flve to two.
14-A: LA TIND HEALTH FAIR: Presented was the request of Mayor
Reed to dlSCUSS a request from the Latlno Resource Organlzatlon
for the C1ty to co-sponsor the Fourth Annual Lat1no Health Falr
and to wa1ve fee for use of Vlrg1n1a Park Recreatlonal BUlld1ng
on Apr 11 12, 1986. Counc llmember Conn moved to approve the
request of the Latlno Resource Organlzatlon to cosponsor the
Fourth Annual Lat1no Health Fa1r and to wa1ve the fee for use of
the V1rg1nla Park Recreatlonal BUlldlng on Aprll 12, 1986.
Second by Counc1lmember Epsteln. The mot1on was approved by
unanlmous vote.
14-8: SEWER USE RS REGULATIONS: Pr esented was the reque st of
Mayor Reed to dlSCUSS author1zat1on for C1ty Attorney to proceed
Wl th draftlng an ordinance incorporatlng lndustrlal pretreament
regulatlons for the sewer users pursuant to the agreement Santa
Monlca has made wlth the Clty of Los Angeles. Councllmember Conn
moved to approve author1zatlon for the Clty Attorney to draft an
ordlnance incorporat1ng lndustrlal pretreatment regulat10ns for
sewer users. Second by Councllmember Epste1n. The motlon was
approved by unanlmous vote.
14-C: LAWSUIT RE PLAYA VISTA: The request of Councllmember
Epsteln to dlSCUSS authorlzatlon of a lawsu1t agalnst Los Angeles
regardlng Playa Vlsta was consldered 1n Closed Sess1on.
12
November 26, 1985
358
14-D: ZONING ORDINANCE: Presented was the request of
Councllmember EpsteIn to dISCUSS the schedule for preparatIon of
the ZonIng OrdInance. Councllmember EpsteIn moved to ask staff
to report at el ther the December 10th or December 17th meetIng
to gIve Council and the publIC an estImate of what the tIme lIne
IS for the ZonIng OrdInance. Second by Councllmember Conn. The
motIon was unanImously approved.
14-E: ANTENNA DISHES: Presented was the request of
Councllmember-H. Katz to dISCUSS draftlng an InterIm or emergency
ord In ance regard ing antenna dIshes. Gounc llmember H. Katz
introduced dIScussIon and moved to Instruct staff to prepare an
emer gency ord inance reg ardlng an tenna d lshe s. Second by
Counc llmember A. Katz. The mot Ion passed by a vote 0 f four to
three. Councllmember EpsteIn moved to communIcate to the
PlannIng Commlsslon and to staff the CouncIl's concern regardIng
antenna dIshes and to report to CouncIl by the fIrst meetIng In
January. Second by Councllmember H. Katz. The motion was
unanImously approved.
14-F: HOMELESS RECOMMENDATIONS: Presented was the request of
Gouncllmember A. Katz to dISCUSS progress concernIng
recommend atlons regardIng the homeless presented to the Gounc 11
by the Westslde Shel ter Co all tlon. Counc Ilmember A. Katz
Introduced discussIon regardIng the status of the working group
on the homeless and theIr recommendations. DIScussIon was held.
Councllmember A. Katz moved to defer thIS Item to the begInnIng
of the Agenda on December 10th and to request staff to report on
the recommend atlon s 0 f the Homel ess WorkIng Group. The motIon
was duly seconded and unanImously approved.
At 12:15 A.M., a motIon was made, seconded and approved by a vote
of fIve to two to adJourn to Closed SessIon.
I
11-D: CLOSED SESSION: Presented was a request for Closed
SessIon for the purpose of consIderIng personnel matters and
threatened Ilgl tatlon, pendIng lItIgatIon, and lItIgatIon to be
commenced by the CI ty. At 12: 15 A. M., Councllmember EpsteIn
moved to adJourn to Closed SessIon to conSIder the followIng
pend lng cases: Call forn la Av la tlon v. C1 ty 0 f Santa MonIca,
Un I ted States Dl str lC t Court Ca se No. CV 84-6985 (CMB) (BX) and
Lo sAng el es Super lor Court Ca se No. C 306538; CI t Y 0 f Santa
Monica v. CIty of Los Angeles (Proposed LItIgatIon); Santa MonIca
MunIcipal Employees ASSOCIatIon v. Cl ty of Santa Monica, Los I
Angeles Superior Court Case No. C 562708; MIlton v. CIty of Santa
MonIca, Santa MonIca SuperIor Court Case No. WEC 78193; Mendoza
v. CIty of Santa MonIca SuperIor Court Case No. WEC 78928; Baker
v. CIty of Santa Monica, Court of Appeal Case No. 2d CIV. No.
B015599, Santa MonIca SuperIor Court Case No. WEC 059251. Second
by Councllmember Conn. The motion to hold Closed SeSSIon was
approved by a vote of fIve to two. At 12:31 A.M., CounCIl
reconvened WI th fIve members present, Counc Ilmember s Conn and
EpsteIn absent.
13
November 26, 1985
.
I
I
Councllmember H. Katz moved to approve settlement in the case of
Mendoza v. C1 ty in the amount of $7,500. Second by Mayor Reed.
The motion was approved by the followIng vote:
Councll vote: Aff1rmat1ve: Councilmembers Jennlngs, A. Katz,
H. Katz, Zane and Mayor Reed
Absent:
Councllmembers Conn, Epstein
Councllmember JennIngs moved to approve settlement 1n the case of
MIlton v. C1ty 1n the amount of $15,000. Second by Mayor Reed.
The mot1on was approved by the followIng vote:
CouncIl vote: Aff1rmatIve: Councllmembers JennIngs, A. Katz,
H. Katz, Zane and Mayor Reed
Absent:
Councllmembers Conn, Epstein
Councllmembers Conn and EpsteIn entered at 12:33 A.M.
ADJOURNMENT: At 12:34 A.M., Councllmember Epste1n moved to
adjourn the meeting 1n memory of Wallace Hllls Carter, longtlme
Santa Mon1ca resident, and UCLA Professor Melv1lle B. Nimmer.
Second by Councilmember Conn. The mot1on was approved by
unanImous vote.
ATTEST:
CL 7;7-,f,{cvL{
APPROVED:
~~~Lh f2~
/
Ann M. Shore
Clty Clerk
Chr1stIne E. Reed
Mayor
14
November 26, 1985