M-9/25/1984
37
CITY OF SANTA MONISA
CITY COUNCIL MINUTES
SEPTEMBER 25, 1984
A meeting of the Santa MonIca CIty CouncIl was called to order by
Mayor Edwards at 6:00 P.M. on Tuesday, September 25, 1984, In the
Council Chambers.
Roll Call:
Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
(entered during Slosed SessIon)
Councilmember James P. Conn
Councilmember DavId G. Epstein
(entered durIng Slosed Session)
Councilmember William H. Jennings
Councilmember Christine E. Reed
(entered durIng Slosed Session)
Councilmember Dennis Zane
Acting City Manager John Jalili
CIty Attorney Robert M. Myers
City Clerk Ann M. Shore
CLOSED SESSION: At 6:01 P.M., Councllmember Conn moved to ad-
Journ to Closed Session called to discuss pendIng litigation and
personnel matters. Seond by Councilmember JennIngs. The motion
was approved by unanimous vote. Council reconvened at 7:33 P.M.,
wIth all members present. (Action was announced In conjunction
wIth Agenda Item 9-A). At 7:34 P.M., Councilmember Epstein moved
to adJourn the SpeCIal Meeting of the City CounCIl. Second by
Councilmember Conn. The motion was approved by unanimous vote.
REGULAR CITY COUNCIL MEETING
A regular meeting of the Santa Monica CIty CounCIl was called to
order by Mayor Edwards at 7:35 P.M. Councllmember Zane led the
assemblage in the pledge of allegiance. Reverend Curtis Ring-
ness, Assembly of God, offered the invocation.
Roll Call:
Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
Councilmember James P. Conn
Councilmember DavId G. Epstein
Councilmember WIllIam H. Jennings
Councilmember ChrIstIne E. Reed
Councilmember DennIS Zane
September 25, 1984
Q
Acting Clty Manager John Jalili
City Attorney Robert M. Myers
Clty Clerk Ann M. Shore
Counc ilmember Conn moved to add Items 6-G, 11-B, 11-C, 14-C,
14-0, 14-E and 14-F to the Agenda. Second by Councilmember Reed.
The motion was approved by unanimous vote.
Councllmember Epstein requested that Item 11-A be continued to
October 9, 1984. There belng no objection, the Item was
continued.
4-A: BOARD AND COMMISSION VACANCIES: The City Clerk announced
that appllcatlons are invited to fill vacancies on the Houslng
Commission, Library Board and Los Angeles County West MosqUlto
Abatement District.
4-B: PLANNING COMMISSION: Mayor Edwards presented a plaque to
Susan Cloke, outgOing member of the Planning Commission, in
recognitlon of public serVlce.
5-A: FIRE PROTECTION: Presented was an ordlnance for
introduction and fust reading amend 109 supplemental fire
protection provisions. The PubllC Hearing was declared open at
7:40 P.M. There belng no one wishing to speak to tne matter,
Councllmember Epsteln moved to close the Public Hearing at 7: 41
P. M. The motion was duly seconded and approved by unanimous
vote. D1Scussion was held.CouncilmemberEpstein moved to table
the item. Second by Councilmember Reed. The motion was approved
by a vote of 6 ln favor, one opposed. Councllmember Zane moved
to direct staff to study the posslbility of developing a program
to ass 1st low income tenants in the buildings affected by rent
increases effectuated by the sprinkler portion of the fire
protectlon ordinance, report on the flscal impact, and how to
provlde such a subsidy. Second by Mayor Edwards. The motion was
approved by the following vote:
Council Vote: Unanimously approved 7-0
5-B: PERSONNEL BOARD/DIRECT APPOINTMENTS POLICY: Presented was
the request of Councilmember Jennings to discuss the possibility
of a joint meeting Wl th the Personnel Board regarding direct
appointments. Councilmember Jennings introduced dlScussion
regarding the Personnel Board's POllCY on dlrect appointments.
Councilmember Jennlngs moved to dlrect staff to set up a Joint
meetlng Wl th the Personnel Board for the purpose of discussing
dlrect appolntments. Second by Councilmember Zane. Discussion
was held.
6. CONSENT CALENDAR: The Consent Calendar was presented
whereby all items are consldered and approved in one motlon
unless removed from the Calendar for discussion. Councilmember
Conn move? to approve the Consent Calendar wlth the exceptlon of
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September 25, 1984
3
Items 6-A, 6-D, 6-F, and 6-G, reading resolutIons and ordInances
by title only and waiving further reading thereof. Second by
Councllmember Reed. The motIon was approved by the following
vote:
CouncIl Vote: UnanImously approved 7-0
6-B: PROC:LAMATION OF LOCAL EMERGENC:Y: Resolution No. 6918(CCS)
entItled: "4 RESOLUTION OF THE CITY COUNC:IL OF THE CITY OF SANTA
MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL
EMERGENCY," was adopted.
6-C:: HANDICAPPED ZONE: Resolutlon No. 6919(CCS) entitled: "A
RESOLUTION Of THE CITY C:OUNCIL OF THE C:ITY OF SANTA MONIC:A
ESTABLISHING A PHYSICALLY HANDICAP ZONE ADJACENT TO 2451 20TH
STREET," was adopted.
6-E: TRASH C:ONTAINERS: BId No. 1957 was awarded to Container
Repair Services at unit prices bId for on-site repair and
paIntIng of metal trash containers for the Refuse
CollectIon/DIsposal DIVISIon.
END OF CONSENT CALENDAR
6-A: APPROVAL OF MINUTES: Presented for approval were minutes
of the CIty Council meeting held June 12, 1984, and June 19,
1984. Councllmember Epstein moved to approve the minutes of June
19, 1984, as presented and to contInue approval of the minutes of
June 12, 1984 to review the record. Second by councllmember
Reed. The motion was approved by the following vote:
Council Vote: Unanimously approved 7-0
6-D: CONVENTION AND VISITOR'S BUREAU: Presented was a staff
report recommendIng approval of amendments to By-laws of the
Convention and Visitor's Bureau. Mayor Edwards moved to approve
the staff recommendatIon, thereby approvIng amendments to the
By-laws of the Convention and VISItor's Bureau and authorIzing
the Clty Manager to take the necessary steps to implement them.
Second by Councilmember Conn. The motion was approved by the
following vote:
CouncIl Vote: AffIrmatIve:
Councllmembers Conn, JennIngs,
Press, Reed, lane and Mayor Edwards
Negatlve: Councilmember Epstein
6-F: SCHOOL PLAYGROUND/PARK AND RECREATION FACILITY GRANT:
Presented was a staff report recommending the City Manager be
authorized to negotiate a lease agreement with the Santa
Monica-Mallbu UnIfIed School DIstrIct and to submit a CalIfornIa
Parks and Recreation Faclllty Act of 1984 Regional C:ompetitive
Grant ApplIcation for development of up to four elementary
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September 25, 1984
2
school/park sites (Grant, Rogers, Franklin and Roosevelt).
DIScussIon was held. Counc ilmember Reed moved to approve the
staff recommendation, thereby authorizing the City Manager to
negotiate Contract No. 4221(CCS) beIng a lease agreement wIth the
Santa Monica-Malibu Unifled School DIstrict to establish CIty
land tenure and to submit applIcations for Regional CompetItIve
Grants program for development of up to four school propertIes;
further urging the school district to consider McKInley School as
a possIble additional site. Second by Mayor Edwards.
Discussion was held. The motion was approved by the following
vote:
CounCIl Vote: Unanimously approved 7-0
6-G: CONDITIONAL USE PERMIT/1941 EUCLID STREET: Presented was
a staff report recommendIng adoption of fIndings relating to the
appeal of MIchael W. Folonis regardIng construction of a SIx-unIt
condominium at 1941 Euclid Street, heard on May 22, 1984.
Councllmember Reed moved to approve the staff report, thereby
adopting findings relating to the appeal of Michael W. Folonis
regardIng construction of a six-unit condomInIum at 1941 EuclId
Street. Second by Mayor Edwards. The motIon was approved by the
following vote:
Council Vote: AffIrmatIve:
Councilmembers EpsteIn, Jennings,
Reed and Mayor Edwards
Negative:
Councilmember Conn
Abstain:
Councilmembers Press and Zane
Councilmember Conn requested the record to reflect hIS negative
vote in that he believes this was bad public policy and a
different approach should have been taken. Councilmember Zane
requested the record to reflect his abstention In that he was not
present during the previous dIScussion when the deCIsion was
made.
8-A: HOLIDAY PARKING DEFINITION: Presented was a staff report
transmIttIng an ordInance for Introduction and fIrst reading
changing the MUnJ.cIpal Code defInitIon of "holiday" related to
parking regulations. The Public Hearing was declared open at
8: 14 P.M. There beIng no one WIshing to speak, Councilmember
Epstein moved to close the Public Hearing at 8: 15 P. M. The
motion was approved by unanImous vote. Mayor Pro Tempore Press
moved to introduce for fIrst readIng an ordInance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 3388B OF THE SANTA MONICA MUNEIPAL CODE TO
REVISE THE DEFINITION OF HOLIDAY," readwg by tItle only and
waiVIng further reading thereof. Second by Councilmember Reed.
The motion was approved by the following vote:
Council Vote: Unanlmously approved 7-0
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September 25, 1984
3
8-B: TOXI~ CHEMI~AL DISCLOSURE LAW: Presented was a staff
report transmitting an ordinance for introduction and first
readIng amending the Toxic ChemIcal DIsclosure Law. The Public
Hear ing wa s declared open at 8: 17 P. M. There beIng no one
wishIng to speak, Councilmember EpsteIn moved to close the Public
Hearing at 8:18 P.M. Second by Councilmember Reed. The motion
was approved by unanImous vote. Councl.lmember Epstein moved to
introduce for first reading an ordinance entl.tled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SE~TION 5302 RELATING TO TOXIC CHEMICAL
DISCLOSURE," reading by title only and waiving further readIng
thereof. Second by Councilmember Zane. The motion was approved
by the following vote:
CounCIl Vote: Unanimously approved 7-0
8-C: DISCRIMINATORY CONDUCT/SEXUAL ORIENTATION: Presented was
a staff report transmitting an ordInance for introductl.on and
fl.rst reading addIng to the MUnlCl.pal Code regulations
prohIbIting dl.SCrlminatlon on the basis of sexual orientation.
The Publl.c Hearing was declared open at 8:22 P.M. Member of the
public, Sam WeinsteIn spoke in support of the proposal. There
being no one else WIshing to speak, Councllmember Zane moved to
close the Public Hearing at 8: 26 P. M. ., The motion was approved by
unanimous vote. ~ouncilmember Zane moved to Introduce for first
reading an ordinance entitled: "AN ORDrNANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADDING CHAPTER 9 TO ARTICLE IV OF THE
SANTA MONICA MUNICIPAL CODE REGARDING DISCRIMINATION ON THE BASIS
OF SEXUAL ORIENTATION," reading by title only and waiving further
readl.ng thereof. Second by Mayor Pro Tempore Press. The motion
was approved by the followl.ng vote:
Councll Vote: Afflrmative:
Councl.lmembers Conn, Jennings,
Press, Reed, Zane and Mayor Edwards
Negative:
Councllmember Epstein
Councilmember EpsteIn requested the record to reflect hIS
negatIve vote in that he believes this ordinance appears to
endorse or encourage homosexuality.
8-0: RESIDENTIAL BUILDING REPORTS: Withdrawn at the request of
staff.
9-A: SANTA MONICA FIREFIGHTERS: (Considered in Closed Session
at begInning of meeting.) Councilmember Reed moved to adopt
Resolution No. 6920(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
BETWEEN THE CITY AND SANTA MONICA FIREFIGHTERS LOCAL 1109, IAFF,"
readIng by tItle only and walvIng further readIng thereof,
approvl.ng Contract No. 4222(CCS) wIth the Santa Monica
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September 25, 1984
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F1refighters ASSOCIatIon Local 1109 IAFF. Second by Mayor
Edwards. The motIon was approved by the followIng vote:
Council Vote: AffIrmatlve:
Councllmembers Conn, Jennings,
Press, Reed, Zane and Mayor Edwards
Abstain:
Councilmember Epstein
Councilmember Epstein requested the record to reflect his
abstention In that he arrived late for the Closed SeSSIon at
Wh1Ch the matter was discussed; he therefore does not feel
adequately brIefed to take a pOSItIon at this tlme.
11-A: TENANT OWNERSHIP RIGHTS CHARTER AMENDMENT:
October 23, 1984.
Continued to
11-B: AIRCRAFT FUELING FACILITY: Presented was a staff report
recommending authorizatIon be given to operate an a1rcraft
fueling facility at the Santa Monica MunICIpal Airport, approval
of employee posItIons, approval of related approprIations, and
transmitting a resolutIon for adoption waiving competitive
bidding procedures for a period of 90 days to purchase aviation
fuel on the open market. Discussion was held. Councilmember
Epstein moved to approve the staff recommendation, thereby
authorizIng the operation of an aircraft fueling faCIlity at the
AIrport, approving employee positions, approving related
appropr1ations, and adoptIng ResolutIon No. 6921 (CCS) entItled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONEA
WAIVING COMPETITIVE BIDDING PROCEDURES AND AUTHORIZING DIRECT
NEGOTIATION FOR PURCHASE OF AVIATION FUELS," reading by title
only and waiVing further readIng thereof. Second by
Councilmember Reed. The mot1on was approved by the follow1ng
vote:
Council Vote: UnanImously approved 7-0
11-C: FRUIT FLY ERADICATION: The CalifornIa Department of Food
and Agr1cul ture presented a sl ide show and report on fruIt fly
eradIcation efforts in the CIty of Santa MonIca.
11-0: CLOSED SESSION: Held later 1n the meetIng.
13-A: REGISTRATION OF VOTERS: Presented was the request of
DanIel Cohen to address Council regarding prohibition of voters
by social and neIghborhood agenCIes in Santa MonIca. Mr. Cohen
spoke regardIng the need to have voter registration services at
the soclal serVIce, publiCly funded agenCIes. DIScussion was
held In regard to the CIty'S contractual requirement Wh1Ch
prohibIts political actIVItIes on those premises.
14-A: PLANNING COMMISSION: Presented was the matter of the
appointment of a member to the PlannIng Commission. NomInatIons
were declared open. Councilmember EpsteIn nominated Monroe
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September 25, 1984
38
Allen. CouncIlmember Conn nominated DorIs Ganga.
other nomInatIons, Mayor Edwards closed nominations.
the nomInatIons was as follows:
Hearing no
The vote on
Monroe Allen: Councilmembers EpsteIn, Jennings and Reed
Doris Ganga: CouncIlmembers Conn, Press and Zane
Abstain: Mayor Edwards
There being InsuffIcient votes for appointment, nomInatIons were
reopened. Councilmember Epstein moved to waive the regulations
to permIt late nominations. Second by Councilmember Reed. The
motIon was approved by unanimous vote. Councilmember Epstein
nomInated Margot Hebald-Heymann. CouncIlmember Conn nominated
DorIS Ganga. Hearing no other nominatIons, Mayor Edwards closed
nomInations. The vote on the nominations was as follows:
DorIS Ganga:
CouncIlmembers Conn, Press and Zane
Margo Hebald-Heymann:
CouncIlmembers
and Reed
EpsteIn,
JennIngs
Abstain:
Mayor Edwards
There being insufficIent votes for appOIntment, Councilmember
Conn moved to continue the matter of appointment of a member to
the PlannIng Commission to enable additional public notice of
this and another recent vacancy (see Item 14-D, resIgnation of
Planning CommissIoner Gloria De Necochea), both appOIntments to
be made on the same future date. Second by Mayor Pro Tempore
Press. The motion was approved by the followIng vote:
Council Vote: Affirmative:
Councilmembers Conn, Jennings,
Press, Reed, Zane and Mayor Edwards
NegatIve:
Councllmember Epstein
After dIScussion, Mayor Edwards mov~9, to contInue the matter of
appointment of a member to the Planning CommiSSIon to the Council
meeting of October 9, 1984. Second by Councllmember Conn. The
motion was approved by unanimous vote.
14-B: HOUSING COMMISSION: Presented was a letter of resignation
from HOUSIng Commlssion Member Ventura Hernandez. Councilmember
EpsteIn moved to accept WIth regret and authorize the CIty Clerk
to publIsh a notIce invitIng applications to fill the vacancy.
Second by Councilmember Conn. The motion was approved by
unanimous vote.
DurIng dIScussion, Councllmember Jen,n,lngs moved to direct staff
to analyze the powers, duties and functions of the Housing
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September 25, 1984
'6
Commisslon and report to Gouneil. Second by Mayor Edwards. The
motlon was approved by unanimous vote.
Mayor Edwards moved to consider Item 14-D at this tlme. Second
by Councilmember Epsteln. The motion was approved by unanimous
vote.
14-D: PLANNING COMMISSION: Presented was a letter of
resIgnation from Planning Commission Member Gloria De Necochea.
Councilmember Epstein moved to accept with regret and authorize
the City Clerk to publish a notIce inviting applications to fIll
the vacancy. The motion was approved by unanlmous vote.
14-C: OIL DRILLING/PACIFIC PALISADES AND SANTA MONICA BAY:
Presented were the requests of Councllmembers Epstein, Jennings
and Reed to discuss restating Council's position agalnst proposed
011 drllllng in the Pacific PalIsades and Santa Monica Bay area.
DurIng dIScussion, ~ouncilmember EpsteIn moved to waive the
regulations to permit Councllmembers five mlnutes each to discuss
thlS item. Second by Councilmember Jennings. The motion was
approved by unanImous vote. Councllmember Reed lntroduced
dIScussion regarding Santa Monica's Opposltlon to oil drilling in
the Santa Monica Bay and viclnity. After discussion,
Councllmember Reed moved to authorize the Mayor to send a letter
to the Los Angeles City Plannlng Commission, City CounCIl and
Mayor communicating the concerns of Santa Monica with regard to
the oil drillIng project in the PalIsades, the pipelIne route,
city water lines and water facIlitles, and potential pollutIon in
the largest public recreation spot the beaches In Los
Angeles County. Second by Mayor Edwards. DIScussion was held.
The motIon was approved by unanImous vote.
During dIScussion, Councilmember JennIngs moved that Council send
a maIlgram to U. S. Senators Cranston and Wilson urging them to
actively support the extenslon of the moratorium en 011 drilling
In the Santa MonIca Bay, WhICh is due to expire October 1, 1984.
Second by Mayor Edwards. The motion waS approved by unanImous
vote.
During dIScussion, Councilmember Jennings moved that Council
contact U.S. Senators and Congressmen concerning amendment of the
Coastal Zone Management Act to require consideration of State
environmental concern before leasing tracts for off shore
development. Second by Mayor Edwards. Mayor Edwards moved to
amend the motIon to authorize Councilmembers to testIfy at a
hearIng to be conducted by Congressman LeVIne on October 12, 1984
on thIS matter. The maker accepted the amendment as friendly and
incorporated it into the main motIon. The motion was approved by
unanImous vote.
DurIng dIScuSSlon, Councilmember JennIngs moved that CounCIl
coordinate with Los Angeles and ether coastal cities in
protesting oil lease sale /fi80 and developing a ratIonale for
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September 25, 1984
3
prohibiting oil leasing and explorat~on east of Catalina Island.
Second by Counc~lmember Reed. Councilmember Reed moved to add to
the mot1on des1gnation of Councilmember Jennings as the primary
representative of the Council in th~s area. The maker accepted
the amendment as friendly and 1ncorporated it 1nto the main
motion. The motion was approved by unanimous vote. Discussion
was held.
14-E: LOS ANGELES COUNTY TRANSPORTATION COMMISSION: Presented
was the request of Councilmember Reed to discuss endorsement of
Jacki Bacharach and Counc1lmember Reed for re-election to the Los
Angeles County Transportation Commission for a full four year
term. Councilmember Reed 1ntroduced dIScuss10n on the matter of
endorsement of both Jack~ Bacharach and herself for re-election
to the Transportat1on Commission for a full four year term.
Mayor Edwards moved have the Santa Monica C1 ty Council endorse
the re-election of Councilmember Reed and Jacki Bacharach to the
Los Angeles Transportation Commission. Second by Councilmember
Epstein. The motion was approved by unanImous vote.
14-F: RESIDENTIAL BUILDING REPORT/1020 NINETEENTH STREET:
WIthdrawn at the request of Councilmember Reed.
11-D: CLOSED SESSION: Presented was the request for Closed
Session to discuss pending litigation and personnel matters. At
9: 55 P. M., Mayor Edwards moved to adjourn to Closed Session.
Second by Councilmember Epstein. The motIon was approved by
unanimous vote. At 11:50, Council reconvened with the follOWIng
members present: Councilmembers Conn, Epstein, Press, Reed, Zane
and Mayor Edwards. Councllmember Conn moved to approve payment
of a Judgement in the case of Malvoe vs. City , in the amount of
$5,000 plus $784.75 in costs. Second by Councilmember Epstein.
The motIon was approved by the follOWIng vote:
Council Vote: Unanimously approved 6-0
Absent:
Councilmember JennIngs
ADJOURNMENT: At 11:53 P.M., Councilmember Zane moved to adjourn
the C1 ty CounCIl meeting 1n memory of Steve Goodman. Second by
Councilmember Conn. The motion was approved by the following
vote:
Council Vote: Unanlmously approved 6-0
Absent:
Councilmember Jenn1ngs
~?1~
Ann M. Shore
C1 ty Clerk
APPROVED:
9
Ken Edwards
~~
September 25, 1984