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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 30, 1985
A meeting of the Santa Monioa CIty CouncIl was called to order by
Mayor Reed at 7:40 P.M., Tuesday, July 30, 1985, in the Council
Chambers having been adJourned from July 23,1985, to consider
items continued from that meeting.
Roll Call: Present: Mayor ChristIne E. Reed
Mayor Pro Tempore WIlliam H. JennIngs
(entered at 7:42 P.M.)
Counollmember James P. Conn
Centered at 7:43 P.M.)
Councllmember David G. Epstein
Counollmember Herbert Katz
CouncIlmember DennIs Zane
City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Ann M. Shore
Absent:
Councllmember Ken Edwards
CouncllmemberEpsteln_move~ to combine Item 14-E wIth 6-E to be
heard at this time and to add Items 14-G and 14-H to the Agenda.
Second by Councilmember Katz. The motion was approved by
unanimous vote. (Mayor Pro Tempore Jennings entered at 7: 42
P.M.)
6-E AND 14-E: SIDEWALKS/DRIVEWAYS/~URBS AND COUNCIL MEETING
SCHEDULE: Presen tecl was' a sta ff report transmi t ting 'a 'resolut ion
setting a public. hearing for September 10, 1985, on the
assessment of costs to repair damaged sIdewalks, driveways and
curbs on var ious streets (SR-85-69); and the request of Mayor
Reed to discuss the schedule of Council meetings In late August
and early September 1985. (Counc Ilmember Conn entered at 7: 43
P.M.) Mayor Reed Introduced discussIon. Counc.ilmember _ Epsteil}
moved to IndIcate CouncIl's intention not to hold the regularly
scheduled Council meeting of August 27, 1985, due to the foreseen
absence of several Councilmembers and to adopt ResolutIon No.
7057 (CCS) enti tIed: II A RESOLUTION OF THE C 1TY 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-85-69), fI
reading by tltle only and waiving further reading thereof,
amended to indIcate the publIC hearing date be set for the
July 30, 1985
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CouncIl meeting to be held September 10, 1985, rather than August
27, 1985. Second by Counci Imember Conn. Di scuss lon was held.
The motion was approved by the following vote:
Absent:
Souncilmember Edwards
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CouncIl Vote: Unanimously approved 6-0
9-A: EXECUTIVE PAY PLAN: ConsIdered after Closed Session.
11-A: DEMOLITION PROCEDURES: Presented was a staff report
recommendIng adoption'Of a Resolution of IntentIon to amend the
zoning ordinance regardIng demolition procedures. DISCUSSIon was
held. Coul1cilm~m~er ;;pstei~" ,mov,~ to approve the staff
recommendation, thereby adoptlng Resolution No. 7059(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA OF ITS INTENTION TO AMEND THE ZONING CODE SECTION
REGARDING DEMOLITION OF BUILDING AND STRUCTURES," reading by
tItle only and waiving further reading thereof, amended to permit
the issuance of a permit for demolition on a commercial bUilding
provided that a property maintenance plan has been prepared in
conformi ty wi th guidelines and standards to be adopted by the
Archl tectural Review Board. Second by Mayor Pro Tempore
Jennings. DIScussion was held. With the consent of the second,
Councilmember Epstein reVIsed his motion to delete the amended
portion of the motion above and to add language to Subd I vis ion
1(b) of the Resolution to also permit demolitIons If the property
is a commerc I al or industr ial structure. Di soussion was held.
CouncIlmember Zane moved an amendment to delete the added
language proposed In Councilmember EpsteIn's preVIOUS motion and
to direot staff to evaluate the ImplIcations of that language.
Second by Coune i Imember Conn. D1 scussion was held. WI th the
oonsent of the second, Councilmember Zane reVIsed the amendment
that, rather than direct staff to evaluate the impllcatlons of
Councilmember Epstein's language on automatic commercial or
industrial structure demolitions regarding landmarks
implications, to direct staff to report to Council on this
matter. DIScussion was held. With the consent of the original
motion, Councilmember Epstein accepted the amendment as frIendly,
therefore incorporating It into the main motIon. The main motion
as amended was approved by the following vote:
Absent:
Councilmember Edwards
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Counoil Vote: UnanImously approved 6-0
May,or P~o Tempore J~rn~ngs moved to dIrect the City Attorney to
report to Council wi thin a si xty to sev enty-fl V e day per iod on
whether the City oan charge owners of empty properties for fire
suppression costs. Second by Counc i lmember Katz. Dur ing
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July 30, 1985
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discuSSIon and with the consent of the second, Mayor Pro Tempore
Jennings Included In the motIon the suggestIon of Councilmember
Zane to request the CIty Attorney to also report on a
redeflni tIon or applIcatIon of the public nUIsance definl tions
and abatement procedures or development of property maintenance
standards for abandoned commercIal property in the Ci ty and to
review optIons for dealing with abandoned bUIldIngs. DiscussIon
was held. The motion was approved by a vote of fl ve in favor,
Councilmember Epstein opposed and Councilmember Edwards absent.
Councilmember Epstein requested the record
negative vote in that he believes that this
problem, not a problem of new legIslation.
to reflect his
IS an enforcement
11-B: SANTA MONICA AIRPORT PARCEL ANNEXATION: Presented was a
staff report recommending in1 tIation of proceedIngs, filing of
necessary documents and conducting of necessary studIes to
accomplish the annexation into the CIty of Santa Monica of a 34-
acre parcel at the eastern end of the Santa MonIca Ai rport.
Councilmember Epsteln_moyed to approve the staff recommendatIon,
thereby dIrectIng CIty staff to prepare a petItion for annexatIon
of the 34 acre parcel; begin prelIminary dIScuSSIons wi th the
Ci ty of Los Angeles regard lng the annexatIon; and prepare an
initial study pursuant to CEQA requIrements of the impacts of the
annexatIon. Second by Councilmember Katz. DIScussion was held.
The motion was approved by the follOWIng vote:
CounCIl Vote: UnanImously approved 6-0
Absent:
Councilmember Edwards
11-0: CLOSED SESSION: Held later In the meetIng.
1, 3-A: AC<;1UISITION OF CITY PROPERTY: Presented was the request
of Jam~s~PauI B~~~n t~ addressCou~cil regardIng acquisition of a
10-foot wIde strIp of CIty land adJacent to his property at 117
Ocean Park Boulevard. Mr. Brown spake to request the acqUIsition
of this CIty property which is not now used by the CIty and has
been maIntaIned by himself. DIScussion was held. Councilmember
EpsteIn moved to dIrect staff to negotIate WIth Mr. Brown,
approv irig U. th-~ Idea in concept, contI ngen t upon a reasonable
agreement being proposed. Second by Councilmember Katz.
Dl SCUSSIon was held. Wi th the consent of the second,
Councllmember Epstein revised the motion to Include directIng the
CIty Attorney to prepare a resolutIon wa i v Ing formal bi dd lng
requirements WIth the necessary fIndIngs and to brIng this
property to the top of the list that the CIty Attorney is
analyz Ing for possible d iSPOSI t ion. Dl scussion was held. The
motion was approved by the following vote:
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July 30, 1985
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Council Vote: UnanImously approved 6-0
Absent:
Councilmember Edwards
13-B: FUNDRAISING EVENT/COMMUNITY ORGANIZATIONS: The request of I
Tom Phillips, representing 'MId 'CIty NeIghbors,' PICO Neighborhood
As SOCl a tion, and Ocean Park Communi ty Organi zation to address
CouncIl regardIng persmission to hold a Joint fundralsing event
in August and September, selling tickets and exhibi ting a 1985
Honda Accord automobile, was wi thdrawn at the request of the
speaker.
14,-:A:" OCCIDENTf.k qIL DR ILLI~,q: Presented was the request 0 f
Mayor Reed to discuss her appearance at the public hearing In Los
Angeles on the OCCIdental all Drilling ApplIcatIon. Mayor Reed
introduced dIScussion. Mayor ,~~~q,~oved to authorize staff tIme
from the City Attorney's Office to assist Mayor Reed In testimony
to be given at a public hearing in Los Angeles regarding
Occidental Oil Drilling ApplicatIon. Second by Councilmember
EpsteIn. The motIon was approved by unanImous vote.
14-B: OUTER CONTINENTAL OIL SHELF LOCAL GOVERNMENT COORDINATION
PROGRAM:' , , Presented' 'was the 'request of Mayor' 'Reed to "discuss
appropriating $1,000 for the Outer Continental Shelf Local
Government CoordInation Program presently beIng funded by a
number of CalIfornia cities. Mayor Reed introduced discussion.
tlayor Reed moved to appropriate $1,000 out of the CIty Council's
membership fund category for this program. Second by
Counc ilmember Conn. The motion was approved by the following
vote:
Council Vote: Unanimously approved 6-0
Absent:
CouncIlmember Edwards
14-D: FIREWORKS: Presented was the request of Councilmember
Epstein to discuss a position regarding state legislation
outlawing unlicensed use of fireworks by private CItIzens.
Councilmember Epstein introduced discussion. Coun~Ilmember
Eps;~~in moved to adopt a posi tion favorIng a statewide ban on
unlIcensed use and sale of fIreworks and communicate this to the
League of CalIfornia Cities and other organIzatIons, of WhiCh the
CIty is a member. Second by Mayor Reed. Discussion was held.
The motion was approved by unanimous vote.
14-E: COUNCI,~ ,I1EETING ,~CHEDULS: Considered earl ier in meeting.
14-F: EXCUSED ABSENCE OF COUNCILMEMBER EDWARDS: Presented was
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the request or Councilmember Epstein. to.. dISCUSS eXCUSIng the
absence of Councllmember Edwards from Council meetings of July
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23, and July 30, 1985. C:~~~q,~,l.llJ.ember Ep~~~i.~ ,moved to excuse the
absence of Councllmember Edwards . from the meetIngs of July 23,
and July 30, 1985. Second by Councilmember Conn. The motion was
approved by unanimous vote.
1, 4-:~:, LANDMARKS COMMISSION: Presented was a noti fication of
vacancy on the Lanamarks CommIssIon caused by change In resIdence
of Jana Fang. ~ouncllmember Epstein moved to waIve Resolution
6842(CCS) and post the notice of vacancy for the minimum period
requIred by statute, accept appl icatlons up unti 1 5: 00 P. M. on
Wednesday prior to the next regUlarly scheduled Council meeting,
with nomInatIons to be made by 12:00 Noon on Friday prior to the
next regularly scheduled CouncIl meeting. Second by Mayor Reed.
The motIon was approved by unanimous vote.
14-H: LIBRARY BOARD: Presented was a letter of resignation of
Deborah Schiller f~~m the LIbrary Board. ~q~~~!l~~llJ.~~~ ,~~~~e~~
mov~d to waIve Resolution 6842(CCS) and post the notIce of
vacancy for the minimum perIod reqUIred by statute, accept
applications up untIl 5: 00 P. M. on Wednesday prior to the nex t
regUlarly scheduled CouncIl meeting, WIth nominations to be made
by 12: 00 Noon on Fr iday pr lor to the nex t regular ly scheduled
Council meetIng. Second by Councllmember Conn. The motion was
approved by unanimous vote.
11-p 4Nq ~~A: CLOSED SESSIO~,~ND EXECUTIVE PAY PLAN: Presented
was a request for Closed Session for the' purpose of conSIdering
personnel matters and threatened lItigation, pend Ing 11 tlgatlon
and litIgation to be commenced by the City. At 9:25 P.M. t
Councilmem~~r Epsteln moved to adJourn to Closed SeSSIon to
consider the fOllowing pend Ing cases: Quirke vs. Cl ty of Santa
Monlca, Los Angeles Superior Court Case No. C 331951; Carbellano
vs. CIty of Santa Monica, Los Angeles Superior Court Case No. WEC
74274; Chun vs. City of Santa Monica, Los Angeles Superior Court
Case No. C 70863; CalIfornIa AVIation vs. City of Santa Monica,
United States District Court Case No. CV 84-6985 (eMB) (Bx) and
Los Angeles Super lor Court Case No. C 306538; Cl ty of Santa
Monica vs. Oasis Petroleum, Los Angeles Superior Court Case No.
WEC 088609; In Re AccusatIon AgaInst Moody's, Inc., ABC Nos. 1277
and 1278; and Koch vs. CIty of Santa Monica, Los Angeles Superior
Court Case No. C 306300.
Council reconvened at 10:53
present: Councilmembers Conn,
Mayor Reed.
P.M. with the following members
Epstein, Jennings, Katz, Zane and
\ounci~~E:;l1!ber EpsteIn moved to adopt Resolution No. 7058(CCS)
entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE EXECUTIVE PAY PLAN," reading by tl tIe only
and wai ving further reading thereof, amended as follows: the
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July 30, 1985
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title should be changed to read as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE
PAY PLAN AND ESTABLISHING THE SALARY OF THE CITY ATTORNEY", at
the end of the fIrst whereas clause delete "and" and at the end I
of the second whereas clause add "and" and add a new third
whereas clause to read as follows: "WHEREAS, the City Attorney's
salary range requires readjustment to reflect salaries for
comparable posi tions in CalIfornia ci ties;"; on page 9 of the
Resolution, add a new Section 3, to read as follows: "The salary
of the Ci ty Attorney, who shall not be a particIpant In the
Executive Pay Plan, shall be $69,612 per annum, with all benefits
In effect as of July 1, 1985 to remaIn in full force and
effect."; former Section 3 will be Section 4, former SectIon 4
WIll be Section 5 and will be amended to read as follows:
n ResolutIon Number 6905 and any other resolutions inconsl sten t
WIth this resolutIon are hereby repealed.lf; former Section 5 will
become Section 6. Second by Councilmemher Conn. The motIon was
approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent:
Councl1mernher Edwards
~quncilmeIl!R,~~ ,~.I?~tein move,d to approve an arbi tration
the case of Carbellano vs. City in amount of $16,025.
Counc Ilmember Conn. The motIon was approved by the
vote:
award in
Second by
following
CouncIl Vote: Unanimously approved 6-0
Absent:
Councilmember Edwards
Councllmefl'!~~r ,Epstetn moved to approve settlement In the case of
Chun VS. City in amount of $3,000. Second by Councllmernber Conn.
The motion was approved by the following vote:
Council Vote: UnanImOUSly approved 6-0
Absent:
Councilmember Edwards
ADJOURNMEN.1:: At 10: 55 P. M., Councilmem~~r Epsteln mov.e,~ to
adjourn the meeting in memory of RI chard Webb, longtime Santa
Monica reSIdent. Second by Councllmember Conn. The motion was
approved by unanimous vote.
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t (, APPROVED~ .'1
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Chrlst~ne E. Reed
Mayor
July 30 J 1985
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ATTEST:
/~) L, ....r
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Ann M. Shore -
Clty Clerk