M-9/26/1978
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CITY OF SA~TA ~OKICA
CITY COU~CIL PROCEEDIKGS
September 26, 1978
A regular meeting of the Santa Monlca Clty Council was called to order
at 7:30 p.~1. by ~ayor Donna O'Brien Swink who led the assemblage in
the pledge of allegiance to the United States of America. Mayor SWlnk
then introduced Reverend Donald Shelby, First Unlted ~ethodist Church,
who offered the Invocatlon.
Roll Call: Present: Mayor Donna 0' Brien S\<link
Mayor Pro Tempore Seymour Cohen
Councilmember John J. Bambrick
Councilmember Christine Reed
Councilmember Perry Scott
Councilmember Xath~niel Trives
Councilmember Pieter van den Steenhoven
Acting Clty Manager David Dolter
Clty Attorney Richard Knlckerbocker
City Clerk Joyce Snider
Absent:
None
Agenda Item 4-A" A commendation was presented to Amerlcan Legion Post
123 Baseball Team, Manager and Coaches for their efforts and contribu-
tions to sports for youth.
Ex agenda Items l3-B and 13-( were added to the agenda on motion of
Councllmember Reed. Second by Councllmember Scott.
Council Vote: UnanImously approved 7-0
Agenda Item 5-A' The subJect of rent relief which had been continued
from the CouncIl meeting held September 12, 1978 for Councll considera-
tIon at a time certaln of 8:00 P.M. on thlS date was held over untll
8:00 P.M. by order of Mayor Swink with the consent of Council,
The Consent Calendar was presented by the City Clerk after which Councll-
~ember Trives moved to approve the Consent Calendar with the exceptlon
of Agenda Item 6-:"1, adopting resolutiOns and ordinances therein reachng by title
only and I<lal Vlng further readIng thereof. Second by Counci Imember Reed.
Councll Vote: Unanimous ly approved 7 - 0
, Agenda Item 6-A: The minutes of a regular City Councll meeting held
September 12, 1978 were approved as malled.
Agenda Item 6-B: A request for reimbursement of departmental revolving
cash funds' Administrative Services - $247.02, Police - $83.28, was
approved.
Agenda Item 6-C' Resolution ~o. 5095(CCS) entitled: "A RESOLUTIO~ OF
THt CITY COU:.rCIL OF THE CITY OF SANTA MONICA Ri\TIFYI~G THE Cm'lPRmnSE
OF CLADIS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED 1:-.1 AUGUST, 1978"
and Resolution :-.10. 5U96 (CCS) entItled. "A RESOLUTIOK OF THE CITY
COU~CIL OF THE CITY OF SA~TA MO:"!ICA RATIFYI~G THE COMPRO~ISE OF CLAI~S
FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED AUGUST IS, 1978 THROUGH
SEPTE:ClBER 7, 1978", I,ere approved.
Agenda Item 6-D: Resolution '10. 5097(CCS) entitled: "A RESOLUTIO:"!
OF THE CITY COU:"!CIL OF THE CITY OF SANTA MOKICA DECLARI~G ITS IKTEXTIO~
TO PLA~T TREES ALO'lG LI:"!COLN BOULE\~~RD BETWEEK OCEAN PARK BOULEVARD AXD
THE SOUTH CITY LIMITS WITHIN THE CITY OF SA~TA MO:"!ICA. (TREE PLA:"!TING
DISTRICT ~O. 6)", and setting a public hearing to hear objections for
:"!ovember 14, 1978, was adopted.
427
I
I Conunendation to
I.~rlcan Legion Post
1123 Baseball Team
"Rent rellef to be
consldered at 8: 00 P .1>\
Jvhnutes of September
12, 1978 approved
Resolution 5095
claims
Resolution 5096
c1alms
Resolution 5097
Tree Planting Dlstrict
Xo. 6 along Lincoln
Boulevard.
428
Resolution 5098
designatlng Colorado
Ave. from Lincoln
Blvd. to Yale Street
an lU1dergrolU1d
uti11~' district
Resolutlon 5099
declarlng ltS lnten-
tion to vacate
Ashland Ave.
Orchnance 1104
pertaining to emergen-j
Cf conditions deslgna-,
ting .he position of '
Emergency Coorchnator
Contract 3093
Coast E1ectnc Inc.
Contract 3094
SC'i.G for filllclmg
Transportation
Department plannlng
stuches
Contract 3095
for federal asslstan-
cc illlder Section 5
of ~ITA Act of 1964
Claim Jaffi11a KOtlk
Contract 3096
COY! Consultants
for telephone system
Contract 3097
Playland Arcade
Agenda Item 6-E: Resolutlon No. 5098(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SA:-ITA MONICA DESIG:-lATEG A CERTAIK
AREA A~ UXDERGROUND UTILITY DISTRICT, A~D DECLARIKG ITS I:-lTE:-lTIO:-l TO
REMOVE POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES THERE-
FRO~, AND DECLARING ITS IKTENTION TO U:-lDERGROUND WIRES A~D FACILITIES
FOR SUPPLYING ELECTRI C COy!y!U!>;ICATION, AND SIMILAR OR ASSOCIATED SERVI CE" ';1
whlch resolutlon deslgnates_ Colorado Avenue from Llnco1n Boule-
vard to Yale Street as an underground utl1ity dlstrlct and sets a
public hearlng date of October 24, 1978 to determine whether the pub11C
necesslty, health, safety or welfare requires such improvement, was '
adopted. i
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Agenda Item 6 - F: Res 01 utlon No. 5099 (CCS) entl tIed: "A RESOLUTION OF THE
CITY COU:-lCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTIOK TO
ORDER THE ~'i.CATIOK OF THAT PORTION OF A CERTAIK STREET KNOWN AS ASHLAND
AVENUE FROM NEILSON WAY TO THE SOUTHWESTERLY LINE OF T~\CT NO. 7425 IN
THE CITY OF SANTA Y!ONlCi\, CALI FOR.NIA" , and setting a pubhc hearlng date
of October 24, 1978 on the proposed vacation, was adopted.
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Agenda Item 6-G: Ordinance No. 1103(CCS) entltled: "AN ORDINAXCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MO:-lICA ADDING CHAPTER XII E:-ITITLED
"MASSAGE OPER.'i.TORS" TO ARTICLE VI OF THE SANTA MONICA MUKICIPAL CODE TO
REGULATE l>L\SSAGE OPE~\TORS", ",as adopted. "
Agenda Item 6-H Ordlnance :-lo. 1104(CCS) entltled: "AN ORDIKA:-lCE OF TH
CITY COU:-lCIL OF THE CITY OF SA\TA MONICA AMENDING SECTION 2300, 2301,
2302, 2303, 2304, 2305, 2306, 230~ 2308 AND 2309 OF, AND REPEALING
SECTIONS 2305A, 2303B, 2305C, 2305D, 2305E, 2305F, 2323 AND 2324 OF THE
SANTA MOKICA MU:-lICIPAL CODE PERTADIING TO EMERGENCY CONDITIO:-lS",
designatlng the posltion of Emergency Coordinator, was adopted.
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Agenda Item 6-1: Contract No. 3093(CCS) for resurfaclng and restriplng
the Transportation Department's yards "'as awarded to Coast Electrlc Inc.
ln the amount of 575,444.80.
Agenda Item 6-J: Contract No. 3094(CCS) with Southern Californla
Assoclation of Governments (SCAG) for funding Transportatlon Department
p1annlng studies requlred by the Federal Urban Mass Transportatlon
Adminlstratlon, was approved, and staff was authorized to request
extenslon of the contract deadllne.
Agenda Item 6-K: Contract No. 3093(CCS) with Federal Urban Mass Trans-
portatlon Adminlstratlon (UMTA) for federal assistance under Sectlon 5
of the Urban Mass Transportatlon Act of 1964 for operating asslstance
funds, was approved.
Agenda Item 6-L: The settlement of a clalm entitled Jarmila KOtlk vs.
the Clty of Santa Monlca, Larry Smlth, et al., Case No. C 239169 was
approved as recommended by staff ln the amount of ~3,750 payable to
Jarml1a Kotik and her Attorney of Record, George D. Bane.
Agenda Item 6-M: Contract Ko. 3096(CCS) amendlng the Clty'S present
contract wlth COM Consultants for lmp1ementatlon of telephone system
was approved ln an amount not to exceed $3,600.
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Agenda Item 6-~, Presented at this time was a recommendatlon for
extension of a lease for Playland Arcade on The Santa Monica Pier.
After discussion Counci1member Scott moved to approve the addendum
extending the lease for Playland Arcade on 1-.,e Santa yIOnlCa Pier
amended to raise the percentage rental frnm 20 percent to 25 percent.
Second by ~ayor Pro Tempore Cohen. The motlon failed by t; e followlng
vote:
Councl1 Vote. Affirmative: Councllmembers Cohen, Scott
Negative:
Councl1members Bambrick, Reed, Trlves,
van den Steenhoven, Swink
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Councllmember van den Steenhoven moved to approve the addendum extendlng
the lease for Playland Arcade on Santa Monica Pier, as recommended, by
award of Contract No. 3097(CCS). Second bv Councilmember Trives. The
motlon ,,-as approved by the follOl,-ing vote:-
Councll Vote' Afflrmative: Councilmembers Bambrick, Cohen, Reed,
Triv~s, van den Steenhoven, SWlnk
JJegatlve:
Councilmember Scott
Agenda Item 6-0: Contract ~o. 3098(CCS) was awarded extending the lease
of Doreene's Fortune Telllng on Santa Monlca Pler.
Agenda Item 6-P: A recommendatlon regardlng lease assignments to Robert
MorrlS for Fish and ChlpS Restaurant and Sea View Seafood Restaurant
on the Santa ~onica Pler was continued at the request of staff.
429
Contract 3097
Play land Arcade
Contract 3098
Doreene's
j Robert :.Iorris lease
; continued
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Agenda Item 8-A: Presented at thlS time was an ordinance for introduc- [Ordinance for intro-
tlon providlng for fencing Or screenlng in certain commercial and ! ductlOn provichng
residential areas of the Clty. The pubhc hearing was opened at 7:47 P.M.I for fencing or
by :.Jayor SlHnk. There being no one present to speak elther for or agalnstj screening In certain
the ordinance, Mayor Sl'llnk ordered the public hearing closed at 7:48 P.M. I connnerdal and
Councllmember van den Steenhoven moved to lntroducc an ordlnance entitled:; resldentlal areas of
"AN ORDINAXCE OF THE CITY COUNCIL OF THE CITY OF SAXTA MO:.!ICA AMENDIXG . the Clty
CHAPTER 1, ARTICLE IX OF THE SAXTA MONICA HU:.!ICIPAL CODE BY ADDING THERE-
TO SECTIO:.! 9l27J RELATING TO THE SCREE:.!ING OF PARKING A~D STO~~GE AREAS
IN CONNECTIO~ WITH CO~~JERCIAL OPE~~TIO~S", readlng by title only and
waiving further readlng thereof. Second by Councllmember Trives. After
discussion, the motion was approved by the following vote:
Councll Vote: Afflrmatlve: Councllmembers Cohen, Reed, Scott,
Trlves, van den Steenhoven, Swink
Negative:
Councilmember Bambrlck
Agenda Item 8-B: Presented at this time was an ordinance for introduction
provldlng for a uniform limitatlon on political campalgn contrlbutions to
, candldate and ballot measure elections of 2~ multlplled by the voting
i age populatlon of Santa Monica. The publlc hearing Has opened at 7' 52 P.:.I.
John Jurenka spoke ln Opposltlon to regulatlons llmlting political
campaign contrlbutlons. Daniel Cohen, and William Jennings spoke in
favor of regulatlons llmitlng political campalgn contributions. There
being no others present to speak either for or against the ordinance,
~ayor SWlnk ordered the publlC hearlng closed at 8:08 P.M. After
discussion, Councilmember Scott moved to amend the ordinance to permit
buslnesses to make the maximum contributlon for each business license
they are required to obtaln. Second by Mayor Pro Tempore Cohen. After
dlscussion the motlon was approved by the followlng vote:
Councll Vote: Afflrmatlve: Councilmembers Bambrick, Cohen, Scott,
Trives, van den Steenhoven
. Negative. Councllmembers Reed, SWlnk
Councllmember Scott moved to introduce an ordinance entltled: "A:.!
ORDIKANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
SECTION 11209 OF THE SANTA MONICA MUNICIPAL CODE, RELATI~G TO LIMITATIO~S
0:0.1 COMPAIG}/ CO:o.lTRIBUTIO:.!S", Sectlon l(c) amended to read instead that
"Corporatlons, buslnesses, flrms, sole proprletors, partnerships,
associations, labor un10ns or other entltles may contrlbute to campalgns
to the same extent as natural persons", reading by tltle only and
walvlng further readlng thereof. Second by Mayor Pro Tempore Cohen.
Councilmember Reed moved to amend the ordinance on page 1, Section lea)
to read lnstcad that ":\0 person other than a candldate "hen contributing
to hlS OHn campaign shall make and no campaign treasurer shall SOllClt
or accept any contributlon whlch wlll CaUse the total amount contributed
by such person wlth respect to each electlon 1tem, to exceed 2~ multi-
.
Ordinance for lntro-
duction regulatlng
campaign contrlbu-
tlons
430
Establishment of a
posit10ll to collect
data, faci11tate
rrediation and assist
1n solving rental
problems
plied by the number of voters registered in the immed1atcly previous
general election". Second by Counc1lmember van den Steenhoven. After
discuss1on, the motion fa1led by the following vote'
Counc1l Vote: Affirmative: Counc1lmembers Reed, Tr1ves, van den
Steenhoven
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~egative.
Counc1lmembers Bambr1ck, Cohen, Scott,
S\o11nk
Counc1lmember Tr1ves moved a Subst1tute motion to refer to the Fair
Elect10n Practices Commiss1on the subject of regulat10ns l1m1ting
po11tical campa1gn contribut10ns. Second by Counc1lmember Reed. The
motion failed by the follow1ng vote:
Counc1l Vote: Aff1rmat1ve: Counc1lmembers Reed, Trives, van den
Steenhoven
~egatlve:
Councilmembers Bambrick, Cohen, Scott,
SW1nk
The ma1n mot1on to introduce an ordinance relat1ng to 11mitat1ons on
po11t1cal campaign contribut1ons as amended 1n regard to bus1nesses was
approved by the follow1ng vote:
Counc1l Vote: Aff~rmat~ve: Counc1lmembers Bambrick, Cohen, Scott,
van den Steenhoven
Kegatlve
Counc1lmembers Reed, Tr1ves, Swink
.
Agenda Item 5-A (Held over from ear11er 1n the meet1ng): Presented
at th1s t1me was the subject of rent re11ef wh1ch had been cont1nued
from the Council meeting held September 12, 1978 for Council cons1dera-
t10n. The Counc~l d1scussed the matter at length and heard a presenta-
tion by ~1chael D. Intr1ligator, Professor of Economics, Un~vers1ty of
Cal~forn1a in Los Angeles, in regard to the effect of rent control.
Counc1lmember van den Steenhoven moved to d1rect the City Attorney to
to draft an ordinance 1ncorporating suggest10ns 1n his letter to the
City Council dated September 19, 1978, to allow certa1n annual rate
increases based on the consumer price index, and the proposals set forth
1n Councilmember Tr1ves' proposed ordinance presented to Counc1l on
this date which would prov1de for a Rental Hous1ng Commiss1oner 1n the
C1ty and set po11cy for rental hous1ng; and that such ordinance, 1f
adopted by the C~ty Counc11, w11l be placed before the voters 1n the
Mun1cipal Election to be held Apr1l 10, 1979. Second by Counc1lmember
Trives. D1scussion ensued dur1ng wh1ch the mot1on was amended, with the
consent of the maker and second, to provide for 1ncreases based on a ~
fair rate of return and for civ1l remedy procedures only 1n the case
of v10lations. After d1scuss1on the mot1on failed by the following vote
I
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Counc11 Vote
Affirmat1ve:
Councilmembers Reed, Trives, van den
Steenhoven
.
)Jegat1ve:
Counc1lmembers Bambrick, Cohen, Scott,
S,nnk
Councilmember Tr1ves moved that there be a moratorium placed on rate
increases on rental housing in the commun1ty effect1ve October 1, 1978
to April 10, 1979, the date of the Mun1cipal Elect1on, to allow time
to study the subject. Second by Councilmember Reed for purposes of
discussion. After br1ef discussion, Councilmember Trives w1thdrew the
mot1on with the concurrence of the second. Counc1lmember Tr1ves moved
to adopt the recommendation in paragraph (j) of the staff report dated
September 25, 1978 wh1ch estab11shes the pos1tion of a Fair Rent
Comm1ss1oner in the C1ty of Santa ~on1ca, such staff 2osit1on to collect
data, facil~tate med1ation, and assist in solving rental problems, and to
dlrect the City Attorney to prepare such an ordinance for Council review
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Second by Councilmember Bambrick. After discussion, the motion was
approved by the following vote:
Councll Vote
Afflrmative: Councllmembers Bambrlck, Cohen, Reed,
Trlves, van den Steenhoven, Swink
Negative:
Councilmember Scott
Councilmember Reed moved that the Clty Attorney be authorlzed to draft
tor Council review an ordinance encompasslng the legalltles of imposlng
a speculatlon tax on the business of multiple housing real estate wlth
the intent that such measure would be included on the ballot in the
Municipal Election to be held Aprll 10, 1979. Second by Councilmember
van den Steenhoven. The motion falled by the following vote:
Councll Vote: Afflrmative: Councllmembers Reed, van den Steenhoven
Negative'
Councilmembers Bambrick, Cohen, Scott,
Trl ves, S"ink
~ouncllmember Trlves moved to direct staff to provide Council with an
expanded report regarding lmplementatlon of paragraph (h) ln the staff
report of September 25, 1978, which recommends that speclal zoning
provlsions be developed to provide for elderly and low and moderate
lncome houslng. Second by Councilmember van den Steenhoven. During
dlScusslon the motlon was amended with the consent of the maker and
second to include a request that staff study and report to Council
regardlng preservatlon of elderly and low and moderate income rental
unlts ln proposed condomlnium converSlons wlth reduced parklng require-
ments. The motion, as amended, was approved by the following vote:
Councll Vote" Afflrmatlve: Councllmembers Bambrick, Cohen, Reed,
Trlves, van den Steenhoven, SWlnk
\egatlve:
Councilmember Scott
By order of Mayor Swink the Councll recessed at 10:15 P.M. The Council
reconvened at 10:20 P.M. wlth all members present.
Agenda Item II-A. Presented at thlS time was the request of the Clty
Attorney for an executlve seSSlon to discuss pending litigatlon.
~~uncilmember Reed moved to continue Agenda Item II-A, a request of
the Clty Attorney for an executive session to dlSCUSS pending lltlgation,j
to the end of the agenda. Second by Mayor Pro Tempore Cohen. !
Council Vote: UnanlIDously approved 7-0
Agenda Item l2-A: Presented at thlS tlme was the request of Michael
Tarbet to address the Council regardlng Council meetlng procedures. The
ltem was dropped due to Mr. Tarbet's absence from the Council Chambers.
Agenda Item l2-B: Presented at thlS tlme was the request of Moss Apart-
ments Tenants Assoclation to address the Councll regardlng conversion
of resldentlal property during a housing shortage. Alex Novakovlch
requested that the City adopt ordinances establlshing criterla for
converSlon of resldentlal property to other usages to allevlate the
housing shortage and providing guidelines to protect persons and
familles agalnst sudden and spurlous evictlons.
Agenda Item l2-C: The request of Santa Monlca Fair Houslng Alliance to
address the Council regardlng settlng crlteria for rent increases and
requesting JarVls-tax savlngs for renters, was withdrawn at the request
of Santa Monlca Falr Housing Alllance.
Agenda Item 13-A: Presented at this tlme was the request of Council-
member Reed for discussion of Air Quallty Management Dlstrlct's Alr
Quality Plan. Councllmember Reed revlewed the Alr Quallty Management
431
Staff to provide
report regardlng
speclal zoning pro-
. VlSlons ,,'l th regard
: to the elderly and
: 1m, and moderate
lncorne rental houslng
~lichael Tarbet's
request dropped
Council requested
to draft an ordinance
establlshing strlct
cnteria for conver-
SlOll of resldential
property
Item wlthdrawn
-"i r Quali ty ~Janagement
Plan reviewed
_n~__
432
Plan drafted by the lead agencles of Southern Callfornla Association of
Governments and the South Coast Alr Quallty Management Dlstrict. On
behalf of the Councll Mayor SWlnk extended appreciatlon to Councilmember
Reed for summarlzing the Plan.
City Council to ablde[ Agenda Item l3-B: Presented at thls tlme Kas the request of Mayor Pro .
by existlng vanous , Tempore Cohen for dlscussion regarding the effect of the State Surplus
employee multl-year ' Fund on employer-employee relations. After discusslon, Mayor Pro
\lemoranda of Under- : Tempore Cohen moved that the City Council lndicate ltS intentlon to abide
standlng , by the exis ting various employee mul tl-ye ar Memoranda 0 f Understanding
and authorize the Clty staff to complete negotiatlons with those employees
and employee organlzations whose MeBoranda of Understanding expired June
30, 1978. Second by Councllmember Trives. After discusslon the motion
was approved by the followlng vote:
Council Vote: Affirmatlve: Councllmembers Bambrlck, Cohen, Reed,
Trives, van den Steenhoven, Swink
Kegatlve'
Councllmember Scott
CounCllmember van den
Steenhoven commended
Police Chief
Agenda Item l3-C: Presented at thls tlme was the request of Council-
member van den Steenhoven for discusslon of the Police Department's
response to a publicatlon by Santa Monlcans Against Crime. On behalf
of the Councll, Councilmember van den Steenhoven commended the Chlef of
Police on the excellence of his response to the publlcatlon by Santa
Monlcans Against Crime, dated August 1978.
Agenda Item ll-A (Contlnued): Presented at thls time was the request
of the Clty Attorney for an Executive Sesslon to dlscuss pendlng litlga-
tlon. At 10'45 P.M. Councllmember van den Steenhoven moved to recess
to Executlve Session to dlscuss pendlng litigatlon. Second by Councll-
member Trlves.
.
Executlve Session
Council Vote: Unanlmously approved 7-0
The Council reconvened at 11:04 P.M. with all members present.
AdJournment in memory
of Walter E. Sturges
and Harold A. Baer
The Clty Council adJourned at 11:04 P.M. on motlon of Councllmember Reed,
second by Councilmember Trlves, the adJournment to be on behalf of Mayor
Swink In memory of the followlng individuals. Walter E. Sturges, father
of Clty Flre Chlef John Sturges, long-tlme Santa Monica resident and
long-time employee at Douglas Alrcraft when It was located in this Clty;
In memory of Harold A. Baer, long-tlme resldent and buslnessman in
Santa Monica known to many as the proprletor of Baer Market on Montana
Avenue; and on behalf of the City Council In memory of the people who
were killed In the alrplane crash In San Dlego on September 25, 1978
Klth the request that Clty flags be floKn at half-mast for seven days
In thelr memory.
Courrcll Vote: Unanlmously approved 7-0
ATTEST
APPROVED:
.
/j -=
. q:r..x-::;;:-dt.---
f JD'VC-e Snider
:/Clty Clerk
,-
i/ r!,} J.j
tu!rr.-4A-tJl!)/ j;,ji1!xJ!A,t.U~
Donna O'Brlen Swrdk :
Mayor
.