M-4/23/1985
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 23, 1985
A meetIng of the Santa MonIca CIty CouncIl was called to order by
Mayor Reed at 7:32 P.~1., on Tuesday, AprIl 23119851 In the
CouncIl Chambers. Councilmember Katz led the assemblage In the
pledge of allegIance to the UnIted States of AmerIca. Reverend
Kenneth Molner, PilgrIm Lutheran Church, offered the Invocation.
Roll Call:
Present:
Mayor Chrlstlne E. Reed
Mayor Pro Tempore WIllIam H. Jennings
Councllmember James P. Conn
CouncIlmember Ken Edwards
(entered at 7:44 P.M.)
CouncIlmember David G. Epstein
CouncIlmember Herbert Katz
CouncIlmember Dennis Zane
CIty Manager John Jalili
CIty Attorney Robert M. Myers
CIty Clerk Ann M. Shore
Counc Ilmember EpsteIn. moved to add Items 14-D and 14-E to the
agenda and to change Item 14-A to be heard as Item 5-B. Second
by Counc Ilmember Conn. The motIon was approved by unan Imous
vote.
4-A: SANTA MONICA
Procl amatlon declar lng
Tourism Month.
TOURISM MONTH:
the month of May
Mayor Reed read a
1985 as Santa Monica
4-B: BOARD AND COMMISSION VACANCIES: An announcement of Board
and CommlssIon vacanCIes was made by the CIty Clerk.
5-A: ANTI-RENT CONTROL AND ANTI-DEMOLITION CONTROL STATE
LEGISLATioN: Presented was the request of Councilmember Zane to
d lSCUSS proposed anti-rent control and an ti-d emoll tIon control
State leglslatIon being considered In Sacramento. Councilmember
Zane in troduc ed dlScusSIon regar dIng S8 1259 (Seymour), S8 1263
(Seymour) and SB 1395 (Keene) regarding rental rates. DIScussion
was held. (Councllmember Edwards entered at 7:44 P.M.) DaVId
Flnkel, Chairperson, Rent Control Board, addressed Council in
regard to the Impact of the aforementloned bills. DIScussion was
held. Councilmember Katz moved to hear from members of the
public for three minutes each. Second by Councilmember Zane.
The motIon was approved by unanImous vote. Members of the publIC
John Jurenka and Joy Fullmer spoke in support of the Senate
bIlls. Councllmember Zane moved that Council take a pOSItion in
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April 23, 1985
132
opposition to SB 1263, SB 1259, and SB 1395, to communicate thIS
position to the lobbyist employed by the Rent Control Board and
authorize him to work on the CIty'S behalf against thIS
legislation and also communIcate thIS posi tion to the Ci ty' s
lobbyist for him to coordinate hIS efforts. DurIng dIScussIon, I
Councllmember Zane accepted the suggestion of Mayor Reed to
delete from the motion the reference to communicating and
authoriZing the Rent Control Board's lobbYiSt to work agaInst
this legislation; Instead that Mayo~ Reed would communicate that
position to the Rent Control Board. Second by Councllrnernber
Edwards. Councllmember Epstein requested, and there being no
obJection, the motion was dIVided for the purpose of voting.
Councilmember Epstein moved an amendment that Council take a
position in Opposition to SB 1263, but not to take a position
WIth respect to the provision of the bIll regarding exemption for
new construction. Second by Councilmember Katz for discussIon
purposes. Discussion was held. The amendment failed by the
follOWIng vote:
Council Vote: Affirmative:
Councllmember Epstein
Negative:
Councllmembers Conn, Edwards,
Jennings, Katz, Zane and Mayor Reed
Councllmember Conn requested the record to reflect that hIS
negatIve vote is not an IndIcation of his OppOSI tlon to the
clause In the Rent Control Charter Amendment that exempts all new
construction. Mayor Pro Tempore Jennings requested the record to
reflect hIS negative vote In that he belIeves that this should be
a matter of local control.
The motIon to oppose sa 1263 (Seymour) was approved by the
follOWing vote:
Council Vote: UnanImously approved 7-0
The motion to oppose 5B 1259 (Seymour) and SB 1395 (Keene) was
approved by the follOWing vote:
Council Vote: UnanImously approved 7-0
5-B: HYPERION SEWAGE PLANT: Presented was the request of Mayor
Reed to dISCUSS a proposed "301-H" waiver of the HyperIon Plant I
from secondary sewage treatment reqUIrements. DIScUSSlon was held
Includ ing a report from staff. Mayor Reed moved that CounCil
take a posi tIon in opposition to the 301-H wa i ver appl ication
from the City of Los Angeles for the Hyperlon Plant and Indicate
to the appropriate agencies that the Ci ty as a user of the
Hyper ion PI an tIS willIng to pay its faIr share to bring the
Plant to a full seconda~y level of treatment. Second by
Councilmember Conn. The motIon was approved by the follOWIng
vote:
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April 23, 1985
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Council Vote: UnanImously approved 7-0
DISCUSSIon was held. Councilmembel'" Conn moved to send a letter
to Greenpeace 1n support of their actions to highlight thIS issue
In the Santa Monica Bay. Second by Councilmember Zane.
DIScussIon was held. The mot1on faIled by the folloWIng vote:
Council Vote: Affirmative:
Councllmembers Conn, Edwards and
Zane
Negative:
Councllmembers EpsteIn, Jennings,
Katz and Mayor Reed
CONSENT CALENDAR
The Consent Calendar was presented
cons1dered and approved In one motion
Calendar for dIScussion. Councllmember
Consent Calendar with the exception of
6-L and 6-M. Second by Coun C Ilmember
approved by the follOWIng vote:
whereby all Items are
unless removed from the
Katz moved to approve the
Items 6~A; 6-H, 6-1, 6-J,
Epstein. The motion was
Council Vote: UnanImously approved 7-0
6-8: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 7003(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: UTILITY USERS TAX: ResolutIon No. 7004(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZ ING UTILITY TAX REFUNDS, If was adopted author i ZIng
Southern CalIfornIa Gas Company to make certaIn refunds to users.
6-D: SIDWALKS/DRIVEWAYS/CURBS: Resolution No. 7005(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-85-63)," was adopted, setting
a pUblIC hearing for May 28, 1985.
6-E: STREETLIGHTS ON LA MESA DRIVE: Resolut ion No. 7006 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER
OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS INTENTION TO
CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON LA MESA DRIVE
SHOWN ON CITY DRAWING NO. 5345, WITHIN THE CITY OF SANTA MONICA,"
was adopted, settIng a publIC hearing for May 28, 1985.
6-F: LIBRARIES EXEMPTION
recommendatIon was app-roved
FROM SALES AND USE TAX: A
to endorse AB 359 exemptlng publIC
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April 23, 1985
1..5'!
I ibrar ies from paying sales and use tax on purchase of lIbrary
materials and request the Mayor to wrIte a letter indlcating the
Council's position to the Government RelatIons CommIttee of the
California Library AssOcIatIon.
6-G: GENERAL SERVICES DEPARTMENT/MAINTENANCE MANAGEMENT SYSTEM I
AND CITY FACILITIES INVENTORY: The CIty Manager was authorized
to negotIate and execute Contract No. 4446(CCS) with Locke
Systems in an amount not to exceed $57,000 for the provision of
an automated facllltes maintenance management system for the
General ServIces Department, compilatIon of an inventory of CIty
facIlIties and a faCIlIty condition assessment for certaIn
faCIlIties.
6-K: SENIOR NUTRITION AND RECREATION PROGRAM: ResolutIon No.
7007(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND
THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY
PERSONS," was adopted authorizing submittal of a grant
appl icatIon proposal to the Los Angeles County Area Agency for
funding in the amount of $152,526.
6-N: WATER WELL PUMPING EQUIPMENT MAINTENANC~: BId No. 1995 was
awarded to General Pump and McCalla Brothers at unIt prIces bId
for water well pumpIng eqUIpment maIntenance.
6-0: WASTEWATER VARIABLE SPEED PUMP: A recommendation was
approved to authorize transfer of $23,000 in appropriatIon
authority from Account No. 31-760-661-000-512 to Account No.
31-500-661-000-801 to faCIlitate orderIng a waste water variable
speed pump drIve.
END OF CONSENT CALENDAR
6-A: APPROVAL OF MINUTES: Presented for approval were the
minutes of the Ci ty Counc i 1 meetIng held Apr il 9, 1985. Dur Ing
diScussion, Councllmember Epstein moved to approve the mInutes of
AprIl 9, 1985 wi th the follOWing corrections: 1) to add into
the record his comments following hiS vote on Item 10-A (SOCIal
SecurI ty LegIslatIon) as follows: "No, because I believe the
issue needs to be considered in the context of the federal budget
as a whole." and 2) to reVI se portIon s of Item 14-A (Homeless
Legislation) to read as follows: "Councilmember Epstein I
Introduced dISCUSSion and moved that Cciij~cIl take a support
positIon on the follOWIng bills: regardIng AB 146 (Naylor) which
provides $7 million for Counties to aId homeless, elderly, and
disabled persons in makIng shelter payments on a one-time baSIS;
AB 1929 (Bates) which approprIates $1 million for grants to local
governments or nonproflts for temporary shelter servlces; AB 1996
(Waters) WhICh authorIzes $10 mIllion for 3-year grants to
nonprofi ts WhICh prov lde assi stance to the homeless, Includ ing
shel ter; AB 1995 (Waters) which repeals resIdency requirements
for General Assistance, speCIfIcally as to ItS provisions that
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April 23, 1985
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County responsIbIlIty under Welfare and InstItutions Code SectIon
17000 Includes emergency shelter for the homeless and limits work
requIrements for general relIef recipIents to minImum wage rates;
S8 466 (Watson) WhICh Increases AFDC 'Immediate need t grants to
$250 so famIlies can obtain shelter, and also approprIates funds
to coun tIes so such familIes may obta In hous i ng; S8 938 (L.
Greene) WhICh approprIates $10 mIllIon to the Emergency Shelter
Program, prov Id ing 2,248,800 'person shel ter days'; and SB 1034
(Greene) WhICh requ l!"es that commun i ty men tal heal th programs
Include aSSIstance to the homeless mentally III as a goal.
Councilmember EpsteIn further moved that Council communicate ItS
posItion to the City lobbyist to contInue to work on legIslative
efforts In behalf of the homeless and mentally Ill. Second by
CouncIlmember Edwards. The motion was approved by unanimous
vote." Second by Mayor Reed. The motIon to approve the minutes
of AprIl 9, 1985, as corrected, was seconded by Mayor Reed and
approved by unanImous vote.
6-H: WATER DIVISION OFFICE AT 2500 MICHIGAN AVENUE: Presented
was a staff report recommending reJectIon of all bids and
authorizatIon to re-advertIse for a modIfIed deSIgn for
constructIon of an addition to the Water DiVISIon OffIce at 2500
MIchIgan Avenue. DurIng dIScussion, Councllmember Epstein moved
to approve the staff recommendation. Second by Councllmember
Conn. The motIon was approved by the following vote:
Council Vote:
AffIrmatIve:
Councllmembers Conn,
EpsteIn, J enn ings, Zane
Reed
Edwards,
and Mayor
Abstain:
CouncIlmember Katz
Councllmember Katz requested the record reflect hIS absentIon due
to a potentIal conflIct of Interest.
6-1: WATER PIPE FITTINGS: Presented was a staff report
recommendIng that Bld No. 1993 be made to Parkson Co. in the
total amount of $14,214.07 lncluding tax, for purchase of
asbestos cement pIpe and fittings for use by the Water
Department. Member of the publIC Joy Fullmer spoke in support of
the staff recommendatIon based on the lack of negatIve
lnformatlon on the use of asbestos materials for thIS purpose.
DurIng dISCUSSIon, Councilmember Epstein moved to approve the
staff recommendation. Second by Counc llmember Katz. The motion
was approved by the follOWIng vote:
CounCIl Vote: AffIrmatIve:
Councllmembers Conn,
JennIngs, Katz and Zane
Epstein,
NegatIve:
Mayor Reed
AbstaIn:
Councllmember Edwards
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April 23, 1985
l36
6-J: PAVEMENT RESURFACING PROGRAM: Presented was a staff
report recommending award of a contract to Sully Mlller
Contractlng Company ln the amount of $717,500 for services
related to the 1984-85 Street Resurfaclng Program. Councllmember
Katz lntroduced dlScusslon. Councilmember Katz moved to approve I
the staff recommendation, amended to indicate that all change
orders are to be wlthln the $717,500 approved, thereby awarding
Contract No. 4447(CC3) to Sully Mlller ContractIng Company in the
amoun t of $717,500 for serv lces related to the 1984-85 Street
Resurfaclng Program. D1Scusslon was held. Second by Mayor Reed.
The motlon was approved by the followlng vote:
Counc1l Vote: Afflrmat1ve:
Councllmembers Edwards, Epstein,
Jennlngs, Katz, Zane and Mayor Reed
Negatlve:
Councilmember Conn
6-L: TICKET SELLERS: Presented was a staff report recommend1ng
support of SB 675 (Montoya) which would provide safeguards to
consumers who purchase tickets for performlng arts and sports
events. Councllmember Epstein lntroduced dlScussion.
Councllmember Zane moved to approve the staff recommendatlon,
thereby taklng a support positlon on SB 675 (Montoya) and
author iZl ng the Mayor to commun ic ate the pOSl tion to Senator
Montoya. Second by Councilmember Edwards. D1Scussion was held.
The motlon was approved by a vote of six ln favor, Councilmember
Epsteln opposed.
6-M: AUTOMOBILE SELF-INSURANCE FUND: Presented was a staff
report recommendlng an increased appropriatlon authori ty 1n the
Automobile Self-lnsurance Fund to cover anticipated costs through
the remainder of flscal year. Counc1lmember Epstein introduced
dlScusslon. (Councilmember Zane departed from the Council
Chamber sat 9: 12 P. M. ) Counci lmember Epstein mov~4 to approve
the staff recommendatlon ,thereby Increasing the 1984-85
approprlatlon authority ln the Automoblle Self-Insurance Fund as
follows: Increase accoun t number 01-700-274-000-294 by $22,300 I
account number 27-500-441-000-294 by $14,200, and revenue account
number 58-920-242-000-000 by $36,500; the appropriation authorlty
to be fInanced by the followlng: 1) $12,700 from Auto
Sel f-In surance Fund Bal ance, 2) $25 I 000 in add i tlon al revenues
from Auto Self-Insurance Fund Reserves, 3) $22,300 from General
Fund Reserves, and 4) $14,200 from Refuse Fund Reserves. Second
by Councllmember Conn. The motIon was approved by the followlng
vote:
Counc1l Vote: Unanimously approved 6-0
I
Absent:
Councllmember Zane
7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report
regardlng a public hearing on assessments of costs to repa1r
damaged sidewalks, dr1veways and curbs at various locatlons
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(SR-85-61). (Councilmember Zane returned to the Council Chambers
at 9:14 P.M.) The public hearing was declared open at 9:14 P.M.
there being no one wishing to speak, Councilmember Epstein moved
to close the public hearing at 9:15 P.M. Second by-C6uncilmember
Conn. The motion was approved by unanimous vote. Councilmember
EpsteIn moved to note that no protests were receIved and to adopt
Resolution No. 7008{CCS) entitled: "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE
SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS,
DRIVEWAYS AND CURBS (SR-85-61)," reading by title only and
walvIng further reading thereof. Second by Councilmember Katz.
The motlon was approved by the following vote:
Council Vote:
AffIrmative:
Councllmembers Conn,
Epsteln, Jennings, Katz
Reed
Edwards,
and Mayor
Abstain:
Councilmember Zane
8-A: OVERNIGHT OCCUPANCY OF VEHICLES/RESIDENTIAL NEIGHBORHOODS:
Presented was a staff report transmittlng an ordinance for
adoption and second reading add1ng a sectlon to the Municipal
Code to prohibit the occupancy of vehicles in certa1n residential
d1stricts between the hours of 12:00 A.M. and 5:00 A.M.
Counc i Imember Epstein moved to adopt Ord 1nance No. 1337 (CCS)
entltled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 3358 TO THE SANTA MONICA MUNICIPAL CODE TO
PROHIBIT THE OCCUPANCY OF VEHICLES IN CERTAIN RESIDENTIAL
DISTRICTS BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M.," reading
by ti tIe only and wa 1 v ing further read ing thereof. Second by
Councilmember Conn. DIScussIon was held. Councilmember Katz
requested the record reflect that he believes thlS is an
lneffectual sllly ordinance and it does absolutely nothlng to
enforce anything. The motlon was approved by the followlng vote:
Council Vote: Affirmatlve:
Councilmembers Conn, Epstein,
Jennlngs, Zane and Mayor Reed
Negative:
Councllmembers Edwards and Katz
9-A: MEMORANDUM OF UNDERSTANING/MANAGEMENT TEAM ASSOCIATES:
ConSidered after Closed Sess1on.
1 O-A: LIBRARY SERVICES FOR SENIOR CITIZENS: Presented was a
report from the Commission on Older Americans regarding Library
services for senior citIzens and a staff report recommending that
the Councll recelve the Commiss1on's report and forward It to the
Llbrary Board for review and comment. Councllmember Epstein
moved to rece1ve the report and forward It to the Library Board
for reVlew and comment, further, to request that the Library
Board or staff notify the Comm1ssion on Older Americans 10
advance of the meeting at which thiS matter wlll be considered.
Second by Mayor Reed. The motIon was approved by unanimous vote.
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11-A: TENJ\NT OWNERSHIP RIGHTS CHARTER AMENDMENT (TORCA) HOME
OWNERSHIp ASSISTANCE PROGRAM DESIGN: Presented was a staff
report recommend Ing approval of the proposed Ten an tOwn ershlp
RIghts Charter Amendment Homeownershlp AssIstance Loan Program
design and resolutIon authorizing execution of a standard I
agreement and amendments wIth the State of California for
Implementation of and partIcIpation In the California
Homeownershlp As s 1 stanc e Program. DI scussion wa s held. Member
of the publIC James Baker spoke regardIng areas in WhICh he
disagreed wIth the report and in support of start-up funding for
thIS program, the resolutIon seeking participatIon in the
CalifornIa Homeowners AssIstance Program, and the tax-exempt bond
program. Paul DeSantIs spoke in support of the tax-exempt bond
program. Dl scussion was held. Councilmember _Epstein moved to
adopt ResolutIon No. 7009(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING
PARTICIPATION IN THE CALIFORNIA HOMEOWNERSHIP ASSISTANCE
PROGRAM," readIng by tItle only and waIvIng further reading
thereof, thereby enter ing Into Contract No. 4448 (eCS) wi th the
State of CalifornIa for Implementation of and participatIon in
the CalIfornia Homeownershlp AssIstance Program, further to
approve the program design In concept wIth the exception of the
pre-development loan, dIrect the CI ty Attorney to research and
report on the legality of funding that program out of TORCA Funds
and ask that in the future refInement of the program be brought
to the HousIng CommIssion as well as other members of the publIC
who have been commenting on this program and to report back to
Council wi th the comments WI th the program optIons. Second by
Councllmember Katz. DIScussion was held. The motion was
approved by the follOWIng vote:
CounCIl Vote: UnanImously approved 7-0
Councilmember Epstein moved to hold a recess at 10:29 P.M.
Second by CouncIlmember Conn. The motIon was approved by
unanimous vote. CounCIl reconvened at 10:37 P.M. WIth the
fOllowing members present: Councllmembers Conn, Edwards,
JennIngs and Mayor Reed. (Councilmembers Epsteln, Katz and Zane
entered at 10:38 P.M.)
11-B: SANTA MONICA BAY WATER QUALITY: Presented was a staff
report recommedlng that (1) signs be posted In Santa Monica Bay
as recommended by the Cl ty Attorney, amended to attrIbute the I
warning to the State Department of Public Health; not include a
PIcture of the Whl te Croaker on the ind 1 v ldual signs but have
pIctures available In the Harbor OffIce; (2) SIgns be prepared
In SpanIsh and English, WIth written Information avaIlable in the
Harbor OffIce in languages of other persons commonly known to
frequently fISh In the CIty of Santa MonIca coastal waters,
specifIcally VIetnamese and Korean; and to (3) SIgns be posted
on Santa MonIca PIer, at the entrances to all beach parkIng lots,
and at var ious locatIons along the beach. Dl scuss ion was held.
Councilmember EpsteIn moved that, In the event the County moves
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April 23, 1985
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expedItiously to provIde signs, the CIty cooperate WIth the
County sIgn program but provIde additIonal information at a place
to be determIned by city staff; but, in the event the County does
not move expeditIously, the city slgnage program be Implemented
as presented. Second by Mayor Reed. DiscussIon was held.
Councllmember Zane moved a substitute motion to support the
signage program as suggested In Paragraphs 2 and 3 of the staff
recommendatIon (lIsted above) and to include language on the sign
as stated In the staff report: "WARNING: EatIng fish caught In
Santa Monica Bay may be harmful to your health because of
chemIcal contamInation. You should avoid eating the .followIng
fISh, commonly known as White Croaker, Klngfish, or Tomcod:
(Insert PIcture of WhIte Croaker.) Additional InformatIon on the
health hazards of eatIng fIsh from Santa MonIca Bay is on fIle In
the Santa Mon ic a Harbor offIce for publIC In spec tIon. "; later
modIfIed by Councilmember Conn's suggestIon (see below). Second
by Councilmember Katz. DIScussion was held. Member of the
pUblIC Wayne Hall spoke to request more strIct environmental
health regulatIons. DIScussion was held. Gouncllmember Conn
moved to ex tend the meet ing past 11 : 00 P. M. Second by
Councllmember Edwards. CouncIlmember Ep~tein moved a substItute
motIon to extend the meetIng to 11:30 P.M. and adJourn to Closed
SeSSIon at that tIme. Second by CouncIlmember Katz. The motion
was approved by unanimous vote. With the consent of the second,
Councilmember lane Included In the motIon Councilmember Conn's
suggestIon to walt untIl Monday, AprIl 29,1985, to see if the
County posts any SIgns before any CIty signs are posted. During
dlSCUSSl.on, and with the consent of the second, Councilmember
Zane deleted the portion of the motion to wa it un tII Monday,
Apr il 29, 1985, and to go ahead and pas t the SIgns as soon as
possible. With the consent of the second, Councilmember Zane
Included In the motIon Coune llmember Conn's suggested rev 1 sed
sign language as follows: "WARNING: EatIng fISh caught in Santa
MonIca Bay may be harmful to your heal th because of chemical
contamination. You should not eat the fISh commonly known as
WhIte Croaker, Klngflsh, or Tomcod: (Insert picture of WhIte
Croaker.) For more InformatIon, contact the Santa MonIca Harbor
offIce, Phone 458-8694." DI SCUSSlon was held. The sub sti tute
motion as amended was approved by the followIng vote:
CouncIl Vote: AfflrmatIve:
Councilmembers Conn, Edwards,
JennIngs, Katz, Zane and Mayor Reed
NegatIve:
Counc1lmember Epstein
Councilmember EpsteIn requested the record to reflect hIS
negative vote in that he belIeves the CI ty should defer this
matter to the County WhICh has the legal responsibllity for
health matters unless the County falls to act; it now appears the
County IS going to act and therefore thls actIon by the City is
not necessary or prudent.
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AprIl 23, 1985
l40
Cou~911member Zane moved to extend the meeting to 12:00 Midnight.
Second by Councllmember Conn. The motion failed for lack of a
two-thirds vote.
11-C: AFFIRMATIVE ACTION PLAN UPDATE FOR 1984-85: Presented was I
a sta ff report recommend ing approval of the Affirmative Action
Plan Update and its POlICY Statement, Work Plan and Goals for
1984-85. DISCUSSIon was held. Councilrnernber Zane moved to
extend the meeting to 12:00 Midnight and adjourn to Closed
Session at that time. Second by Councilmember Conn. The motion
was approved by a vote of SIX In favor, Counc Ilmember Epstein
opposed. (Councilmember Edwards departed the CouncIl Chambers at
11:22 P.M.) Councllmember Conn moved to approve the AffirmatIve
Action Plan Update and Its POlICY Statement, Work Plan and Goals
for 1984-85. Second by Councllmernber Zane.
Mayor Pro Tempore Jenn1n6s moved an amendment to add objectIve
"F" to page 82 of the Workplan: "FaCilitate the upward
advancement of women and minorlt1es 1n our workforce." WIth the
consent of the second, the maker of the motIon accepted the
amendment as friendly and incorporated 1t into the main motion.
Councilmember EpsteIn moved an amendment to delete targetIng of
spec1flc Jobs. Second by -Mayor Reed. DurIng discuss1on, Mayor
Reed WIthdrew the second, therefore the amendment faIled for lack
of a second. The maIn motion as amended was approved by the
following vote:
CouncIl Vote: Affirmative:
Councilmembers Conn, Jennings,
Katz, Zane and Mayor Reed
Negative:
Councllmember EpsteIn
Absent:
Councllmember Edwards
Councllmember EpsteIn requested the record to reflect that
al though he favors expanded recrUI tment and careful examination
of examInatIon criteria to make sure they are Job ~elated, he 1S
opposed to targetIng specIfic Jobs to members of specIfIc groups
both on legal and POlICY grounds.
Mayor Pro Tempore Jennines moved to dIrect staff to develop, in I
the context of the 1985-86 budget, the necessary expert~se to
generate ei ther the med Ian and the mode for salary data or a
graphIcal presentation of salary data for next year's AffIrmative
ActIon Plan Update. Second by Councilmember Conn. Discuss10n
was held. The motIon was approved by a vote of Sl x In favor,
Councllmember Epste1n not voting. Mayor Pro Tempore Jenninss
rnoveg to direct staff to present the 1985-86 Affirmative Act10n
Plan Update to Council by October 1, 1985. Second by
Councllmember Conn. The motion was approved by unan1mous vote.
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April 23, 1985
I
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l41
11-D: CABLE TELEVISION: Presented was a staff report
recommending actlons regardIng cable televis\on. DIScussion was
held. Councllmember Epsteln mC?v~9 to approve the staff
recommendatlon as follows: 1) upon the request of Group W, the
CI ty, pursuant to Section 626 (a) of the Cable Commun icatlons
POlICY Act of 1984, commence proceedIngs WhICh afford the publIC
and the City appropriate notice and participation for the purpose
of Identifying the future cable related community needs and
interests and revlewIng the performance of Group W under the
franchise durIng its current franchise term; The fIrst step in
these proceedings shall be for the Clty Manager to present to the
Cl. ty Council a work program for identl.fYlng the future cable
related communi ty needs and lnterests and reVIewIng the
performance of Group W under its current franchIse; The work
program shall: A) IdentIfy Issues to be pursued in the
proceedings, based upon, but not llmlted to, the reports of the
Cable CommunicatIons Task Force and the experIence of other
citl.es in thIS area; B) Identify the steps WhICh will be taken
to IdentIfy the future cable related communIty needs and
interests; SpeCifIcally, the work plan will identIfy the
procedure by WhICh the community needs and Interests exist for
the Cable Task Force recommendatIons; C) Identlfy the process by
WhICh Group W's current performance under the franchise will be
evaluated; D) Identify the procedure by which community notlce
and particlpatlon will be ensured; E) IdentIfy the procedure by
WhICh the outstandlng franchIse transfer dIspute wl.Il be
resolved; 2) DIrect the CIty Attorney to commence preparatIon
of a new master ordInance to govern the Clty'S cable franchIse;
amended to add a new paragraph 3 wi th three sub-paragraphs as
follows: 3) Dlrect staff to do the followIng: A) to report to
Council on May 14, 1985 re the costs and revenue source for early
purchase of a character generator and necessary ancillary
eqUIpment to enhance the utilization of Channel E and authOrize
the staff to begin contacts wi th the College regardIng
approprIate arrangements; B) to explore, In connection with the
1985-86 budget process, the feaSIbIlIty of broadcasting CounCIl
meetings and other meetings held In the CounCIl Chambers; and C)
to explore, In connectIon with the 1985-86 budget process, a work
plan, revenue sources and constralnts to enhance the muniCIpal
use of cable, public access and public programming pend ing the
conclusIon of the re-franchIslng negotiatIons. Second by
Councilmember Conn. DIScussion was held. The motion was
approved by the followlng vote:
Council Vote: Unanimously approved 6-0
Absent:
Councilmember Edwards
Councilrnember Conn moved to extend the meetIng to 12:15 A.M. and
adjourn to Closed Session at that time. The motion faIled for
lack of a second. Councilmember Conn moved to hear Item 14-C and
then adjourn to Closed SeSSIon. Second by Councllmember Epstein.
The motIon was approved by unanimous vote.
11
April 23, 1985
.L4L
11-E: CLOSED SESSION: Held later In the meeting.
,
12-A: CONDOMINIUM PROJECT/922 LINCOLN BOULEVARD: ContInued to
May 14, 1985, by agreement between appellant and City staff.
14-A: HYPERION SEWAGE PLANT: ConsIdered as Item 5-B.
I
14-B: HOUSING COMMISSION: ContInued to May 14, 1985, as a tl5T1
Item.
14-C: HOMELESS REPORT/ RELATED TRAVEL EXPENSES: Presented was
the request of Councilmember Conn to dISCUSS a homeless report
and request approval of related travel expenses. CouncIlmember
Conn 10 troduc ed discuss Ion . ~2Y~9 !1l!l~I!!Q~r___~Q.~1~!t:!_----.!!!gy_~2. to
approve funds for reimbursement to Councllmember Conn for travel
expenses to New York City to study issues relatIng to the
homeless In conJunction WIth hIS approved trIp to Washington D.C.
and NatIonal League of CItIes Conference. Second by
Counc ilmember Katz. The motIon wa s approved by the following
vote:
CouncIl Vote: Unanimously approved 6-0
Absent:
Councl1member Edwards
14-D: OFFSHORE OIL DRILLING:
"5" Item.
Continued to May 14, 1985, as a
1~=~=-__l'B~:)1QF;ffrJ1H.._IB!f_J'~__G~Bl1!Joll: Con tlnued to May 14, 1985,
as a "5" Item (lateriemoved by Councllmember Epstein due to fact
that Issue was no longer tImely).
11-E AND 9-A: CLOSED SESSION/MEMORANDUM OF UNDERSTANDING
(MANAGEMENT TEAM ASSOCIATES): Presented was a request for Closed
Session for the purpose of consIderIng personnel matters and
threatened lItigatIon, pend ing Ii tlgatlon and lItIgation to be
commenced by the CIty. At 12:10 A.M., there being no obJection,
Mayor Reed announced that Council would adJourn to Closed SessIon
to consIder the followIng pending cases: CalIfornIa AVIation vs.
City of Santa MonIca, United States DIstrIct Court Case No. CV
84-6985 (CMB) (Bx) and Los Angeles SuperIor Court Case Number C
306538; Guerrero vs. CIty of Santa Monica, ClaIm Number MBL I
48-10-112; Gunz VB. CIty of Santa MonIca, Santa Monica SuperIor
Court Case Number WEC 64722; QUIrke vs. City of Santa MonIca, Los
Angeles Superior Court Case Number C 331951; Herendeen VS. CIty
of Santa Mon ic a I Claim Number CSM 85-17; Johnson vs. CI ty of
Santa MonIca, Los Angeles MunICIpal Court Case Number G 01663;
WIll iams v S. CI ty of San ta MonIca, Los Angeles Su per ior Court
Case Number C 376416; Zimmerman vs. City of Santa MonIca, Santa
Monica SuperIor Court Case Number WEC 66724; and MIller vs. CIty
of Santa Monica, Santa MonIca SuperIor Court Case Number WEC
77141. Council reconvened at 12:35 A.M. wlth the following
12
Apr il 23, 1985
I
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143
members present: Counc11members Conn, Epstein, Jennings, Katz,
Zane and Mayor Reed.
Mayor Reed announced that no actIon was taken on Item 9-A WhICh
would be considered on May 14, 1985.
Counc11member EpsteIn
Zimmerman vs. CIty
Councllmember Conn.
vote:
moved to approve settlement In the case of
In the amount of $50,000. Second by
The motion was approved by the following
Council Vote: Unanimously approved 6-0
Absent:
Councl1member Edwards
Councilmember EpsteIn moved to approve payment of an arbItratIon
award In the case of WIllIamS vs. CIty in the amount of $6,000.
Second by Councllmember Conn. The motIon was approved by the
followIng vote:
Council Vote: UnanImously approved 6-0
Absent:
Councilmember Edwards
ADJOURNMENT: At 12:37 A.M., Mayor Reed moved to adJourn the
meeting In memory of Nancy G. McIsaac, forme;" longtIme Santa
MonIca resIdent. Second by Councllmember Epstein. The motion
was approved by unanImous vote.
ATTEST:
APPROVED:
~~f~~
Mayor
/"
/"
~.-r '--.. '
\ '
vi ;-l.~'i/~~~/;- f'
~,
Ann M. Shore
CIty Clerk
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13
AprIl 23, 1985