M-9/9/1986 (3)
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 9, 1986
A meeting of the Santa Monica city Council was called to order by
Mayor Reed on Tuesday, September 9, 1986, at 7:38 p.m., in the
Council Chambers. Mayor Pro Tempore Jennings led the assemblage
in the pledge of allegiance to the United states of America.
Reverend Karen Moore, Venice united Methodist Church, offered the
invocation.
Roll Call: Present: Mayor Christine E. Reed
Mayor Pro Tempore William H. Jennings
Councilmember James P. Conn
Councilmember David G. Epstein
Councilmember Alan S. Katz
(entered at 7:45 p.m.)
Councilmember Herb Katz
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Ann M. Shore
4-A: PTA MONTH: Mayor Reed issued a proclamation to Joanne
Leavitt, PTA President, proclaiming the month of September as
"PTA Month. II
4-B: TENANT PROTECTION/ELLIS ACT: Presented was the request of
David Finkel of the Rent Control Board to address Council
regarding the Ellis Act. Mr. Finkel spoke requesting Council to
cooperate with the Rent Control Board in protecting tenants from
being evicted under the Ellis Act. Discussion was held.
Councilmember Epstein moved to add late Items 6-M, 14-G, 14-H,
and 14-1 to the agenda. Second by Councilmember Conn. The
motion was unanimously approved.
Councilmember Zane moved to move Item 14-F forward for discussion
at this time. Second by Councilmember Conn. The motion was
unanimously approved. Councilmember Zane moved to hear from the
pUblic for three minutes each. The motion was duly seconded and
approved by a vote of six to one.
14-F: TENANT PROTECTION/ELLIS ACT: Presented was the request of
Councilmember Zane to discuss directing the City Attorney to
pursue possible litigation strategies to protect tenants from
eviction under the Ellis Act. Discussion was held. Members of
the public John Jurenka spoke to request a fair return for
landlords, and Bill Weingarden spoke in support of tenant
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protection from the Ellis Act. Councilmember Zane moved to ask
the City Attorney to continue, and emphasize, the work and
options he is developing in his office for legal responses to the
Ellis Act, and to direct him to work closely with the legal staff
of the Rent Control Board in the development of a strategy to
bring back to Council for discussion. Second by councilmember A.
Katz. Discussion was held. The motion was unanimously approved.
4 -C: BOARDS AND COMMISSIONS: The Ci ty Clerk announced that
applications are invited to fill vacancies on the Convention and
visitors Bureau and the Los Angeles County West Mosquito
Abatement Program, appointments to be made at the Council
meetings to be held September 23, 1986, and October 14, 1986,
respectively.
SPECIAL JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY:
A special j oint meeting of the City Council and Redevelopment
Agency was called to order by Chairperson Reed at 8:10 p.m.
Roll Call: Present: Chairperson Christine E. Reed
Chairperson Pro Tempore William H. Jennings
Member James P. Conn
Member David G. Epstein
Member Alan S. Katz
Member Herb Katz
Member Dennis Zane
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Ann M. Shore
CC/RA-l: MINUTES APPROVAL: Presented for approval were the
minutes of the meeting held August 19, 1986. Member H. Katz
moved to approve the minutes as presented. Second by Member A.
Katz. The motion was unanimously approved.
CC/RA-2: HOUSING PROGRAM GUIDELINES: Presented was a staff
report recommending approval of technical revisions to program
guidelines for the citywide Housing Acquisition and
Rehabilitation program and the Pica Neighborhood Housing Trust
Fund Program. Member Epstein moved to approve the staff
recommendation, thereby (1) approving the revisions to the
program guidelines for the Citywide Housing Acquisition and
Housing Rehabilitation Program as described in the report, and
the revisions to the program guidelines for the pica Neighborhood
Housing Trust Fund Program as described in the staff report dated
September 9,1986. Second by Member Zane. Discussion was held.
The motion was approved by the following vote:
Agency vote: Unanimously approved 7-0
(Additional discussion after Item CC/RA-3) .
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CC/RA-3: HOUSING DEVELOPMENT/OCEAN PARK: Presented was a staff
report transmitting a resolution authorizing the sale of land to
Community Corporation of Santa Monica for development of 55 units
of affordable housing in Ocean Park; approval of an increase in
the predevelopment expenses contract; and release of two-thirds
of the development fee. Discussion was held. Member Zane moved
approval of the staff recommendation, thereby adopting
Resolution No. 412 (RAS) entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AUTHORIZING THE
SALE OF LAND TO COMMUNITY CORPORATION OF SANTA MONICA FOR THE
DEVELOPMENT OF AFFORDABLE HOUSING, II reading by ti tIe only and
waiving further reading thereof; approving the increase of
$137,007 to the predevelopment expenses Contract No. 4585(CCS) by
and between the Redevelopment Agency and Community Corporation of
Santa Monica, and authorizing the Executive Director to execute
the amended contract; and authorizing the release of $64,616,
two-thirds of the total development fee estimated at $97,021 to
the Community Corporation of Santa Monica. Second by Member
Epstein. The motion was approved by the following vote:
Agency vote: Unanimously approved 7-0
CC/RA-2: HOUSING PROGRAM/OCEAN PARK: (Continued from discussion
prior to CC/RA-3.) Mayor Reed noted that a Council vote was also
necessary in regard to this matter. Councilmember Epstein moved
approval of the staff recommendation, thereby approving revisions
to the program guidelines for the citywide Housing Acquisition
and Housing Rehabilitation Program, and revisions to the program
guidelines for the pico Neighborhood Housing Trust Fund program
as described in the staff report dated September 9, 1986. Second
by Councilmember Zane. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
ADJOURNMENT: At 8: 23 p. m., Member Epstein moved to adj ourn the
Redevelopment Agency meeting. The motion was duly seconded and
unanimously approved.
REGULAR CITY COUNCIL MEETING RECONVENED:
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
all items are approved in one motion unless removed from the
calendar for discussion. councilmember Conn moved to approve the
calendar with the exception of Items 6-D and 6-M, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by Councilmember Epstein. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The minutes of the meetings held August
12, and August 19, 1986, were approved as presented.
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6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 7298(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL
EMERGENCY," arising from storms, high tides, and heavy surf, was
adopted.
6-C: TREE PLANTING ASSESSMENTS: Resolution No. 7299(CCS) I
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A PUBLIC HEARING FOR ANY PROTESTS OR OBJECTIONS TO
THE CONFIRMATION OF ASSESSMENTS FOR PLANTING OF TREES ON BROADWAY
BETWEEN 4TH AND 17TH STREETS, ALL WITHIN THE CITY OF SANTA
MONICA," was adopted, thereby setting a public hearing for
October 14, 1986.
6-E: UNDERGROUND UTILITIES ASSESSMENTS: Resolution No.
7301(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR ANY PROTESTS OR
OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR UNDERGROUNDING
OF UTILITIES AT 1313, 1421 AND 1425 OCEAN FRONT WALK," was
adopted, thereby setting a public hearing for October 14, 1986,
to confirm assessments for the undergrounding of utili ties at
1313, 1421, and 1425 Ocean Front Walk.
6-F: DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No.
7302 (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-86-89) ,II
was adopted, thereby setting a public hearing for October 14,
1986.
6-G: PARKING STRUCTURES IN R-4 DISTRICT: Ordinance No.
1383 (CCS) entitled: !lAN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 9110A OF THE SANTA MONICA
MUNICIPAL CODE TO PERMIT OFF-SITE PARKING STRUCTURES IN
CONJUNCTION WITH THE MUNICIPAL PIER OR HOTEL DEVELOPMENTS IN THE
R-4 DISTRICT," was adopted, having been introduced August 2 6,
1986.
6-H: RAILROAD RIGHTS-OF-WAY: Ordinance No. l384(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ORDINANCE NUMBER 1321(CCS) TO PROHIBIT THE USE OF
RAILROAD RIGHTS OF WAY FOR OTHER THAN TRANSPORTATION PURPOSES, II
was adopted, prohibition to be in effect for a period of not more
than one year, the ordinance having been introduced August 26,
1986.
6-1: WATER DIVISION OPERATION: Ordinance No. 1385 (CCS)
entitled: !IAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING CHAPTER 2 OF ARTICLE VII OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO THE WATER DIVISION, II was adopted,
thereby reflecting changes in the City'S organizational
structure, operating procedures, and in industry practices due to
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the evolving regulatory environment, the ordinance having been
introduced August 26, 1986.
6-J: GAMBLING: Ordinance No. l386(CCS) entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS
4226, 4227, 4228, AND 4228A RELATING TO (prohibiting certain
types of) GAMBLING TO THE SANTA MONICA MUNICIPAL CODE," was
adopted, having been introduced August 26, 1986.
6-K: STREETLIGHTS: Contract No. 4805(CCS) was awarded to Raymor
Electric Co., Inc., in the amount of $279,000 for construction of
streetlights on various city streets, and necessary change orders
were authorized.
6-L: SHORT RANGE BUS TRANSIT PLAN: Contract No. 4806(CCS) was
awarded to ATE Management and service Co., Inc., in an amount not
to exceed $30,000 to prepare for an update of the Short Range
Transit Plan for the Santa Monica Municipal Bus Lines.
END OF CONSENT CALENDAR
6-D: LAND USE ELEMENT: Presented was a Resolution of Intention
to amend section 1.8.7 of the General Plan Land Use Element by
modifying provisions affecting the Special Office District and
direction to Planning Commission to hold a public hearing on the
proposed amendment. Discussion was held. Councilmember H. Katz
moved to approve the revision of Section 1.8.7, allowing parks to
be offsite, but not to affect setbacks or open space with regard
to the Element as it stands now, thereby adopting Resolution No.
7300 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DECLARING ITS INTENTION TO AMEND SECTION
1. 8 . 7 OF THE LAND USE ELEMENT OF THE GENERAL PLAN, II reading by
title only and waiving further reading thereof, and directing the
Planning Commission to hold a public hearing on the proposed
amendment and forward a recommendation to the City Council.
Second by Mayor Reed. Councilmember Epstein moved an amendment
that the Planning commission be asked to review the legislative
history of the adoption of this Element, and to reference
specifically the proposed amendment in relation to height. with
no objection from the second, Councilmember H. Katz incorporated
the amendment into the motion. The motion was approved by the
following vote:
Council vote: unanimously approved 7-0
6-M: AIRPORT DEVELOPMENT PROGRAM: Presented was a staff report
recommending award of a contract to Calfon Construction, Inc., in
the amount of $5,061,835 for the construction of the Airport
Development Program, Phase I; award of a contract to Lukas Wendel
and Associates in the amount of $415,000 for construction
management of the Airport Development Project and in the amount
of $55,000 for the Administration Building and Specialty FBG
Hangar; and approval of the necessary account adjustments. Steve
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Aman of Aman Brothers, who submitted a bid, spoke to protest
award of the contract to Calfon Construction, Inc., due to an
irregularity in the bidding process. Discussion was held.
Councilmember Epstein moved to waive the minor irregularity and
award the contract as proposed by staff, thereby awarding
Contract No. 4807(CCS) to Calfon Construction, Inc., in the
amount of $5,061,835 for the construction of the Airport I
Development Program, Phase I. Second by Councilmember Conn.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz, Zane
Negative: Mayor Reed
Mayor Reed requested the record to reflect that her no vote is
because she shares the concerns of the second lowest bidder with
regard to the manner in which the award process was handled.
Councilmember Zane moved the rest of the staff recommendation,
thereby awarding Contract No. 4808(CCS) to Lukas Wendel and
Associates for construction management for the Airport
Development Project in the amount of $515,000 and for the
Administration Building and Specialty FBG Hangar in the amount of
$55,000: increasing the appropriation authority in Account No.
33-710-631-000-903 by $550,000 and increasing the revenue
estimate at Account No. 33-932-248-000-000 by $550,000: and
authorizing the city Engineer to issue any change orders
necessary to complete additional work to the extent of funds
available in accordance with Administrative Instruction on Change
Orders. Second by Councilmember Epstein. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
7-A: STREETLIGHT ASSESSMENTS: Presented was a staff report and
a pUblic hearing on the confirmation of assessments for street
light installation on California street between 18th and 20th
Streets, 26th street between pi co BOUlevard and Pearl street,
14th Street between lUlshire and Santa Monica Boulevards, and
Berkeley Street between Wilshire and Santa Monica Boulevards. At
8:55 p.m., the public hearing was declared opened. There being
no one wishing to be heard, the public hearing was declared
closed. Discussion was held. councilmember Zane moved the staff
recommendation, thereby adopting Resolution No. 7303 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT FOR
CALIFORNIA STREET BETWEEN 18TH AND 20TH STREETS, 26TH STREET
BETWEEN PICO BOULEVARD AND PEARL STREET I 14TH STREET BETWEEN
WILSHIRE AND SANTA MONICA BOULEVARDS AND BERKELEY STREET BETWEEN
WILSHIRE AND SANTA MONICA BOULEVARDS," reading by title only and
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waiving further reading thereof. Second by Mayor Reed. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
a-A: SOLXCITATIONS AND PEDDLING: Presented was a staff report
transmitting an ordinance for introduction and first reading
adding Chapter 2B to the Municipal Code relating to solicitations
and peddling. Discussion was held. Councilmember Epstein moved
to put this item over until the first meeting in October. Second
by Councilmember H. Katz. The motion was unanimously approved.
a-B: INDUSTRIAL WASTEWATER CONTROL PROGRAM: Presented was a
staff report transmitting an ordinance for introduction and first
reading amending sections of the Municipal Code relating to the
City's Industrial Wastewater Control Program. At 9:15 p.m., the
public hearing was declared opened. Wayne Hall spoke in support
of monitoring and penal ties to violators. There being no one
else wishing to be heard, Councilmember Epstein moved to close
the public hearing. Second by Mayor Reed. The motion was
unanimously approved. Councilmember Epstein moved to introduce
for first reading an ordinance entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 5409
AND 5410 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE
CITY'S INDUSTRIAL WASTEWATER CONTROL PROGRAM," reading by title
only and waiving further reading thereof, thereby providing that
industrial wastewater shall not be discharged into the storm
drain system. The motion was approved by the following vote:
council vote: Unanimously approved 6-0
Absent: Councilmember Conn
8-C: IN-LIEU FEE/HOUSING ELEMENT: Presented was a staff report
transmitting an ordinance for introduction and first reading
establishing an in-lieu fee option instead of on-site
inclusionary housing units required by Program 12 of the Housing
Element. Discussion was held. The public hearing was declared
opened at 9:30 p.m. Alex T. Mlikotin spoke to request that the
fee be reduced. There being no one else wishing to be heard,
Councilmember Epstein moved to close the public hearing. Second
by Councilmember Zane. The motion was unanimously approved.
councilmember Epstein moved to introduce for first reading an
ordinance entitled: It AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING IN-LIEU FEES FOR COMPLIANCE
WITH PROGRAM 12 OF THE HOUSING ELEMENT," reading by title only
and waiving further reading thereof. Second by Mayor Reed.
councilmember Zane moved an amendment to increase the fee in
Section 1 (b) to $5 per square foot. Second by Councilmember
Conn. The amendment failed by the following vote:
Council vote: Affirmative: Councilmembers Conn, A. Katz, Zane
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Negative: Councilmembers Epstein, Jennings,
H. Katz, Mayor Reed
Discussion was held. The motion to introduce the ordinance was
approved by the following vote:
council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz,
Mayor Reed
Negative: Councilmember Zane
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Councilmember Zane requested the record to reflect the following:
"1 believe with the figures here provided that in fact, the
existing program, which has probably generated 50-some units in
the 30 projects and the 8 existing units already provided, will
probably generate more units than this program will provide for,
and therefore, I think the way is to stay with a successful
program. II
11-A: CLOSED SESSION: Presented later in the evening.
12-A: CONDITIONAL USE PERMIT/CONDOMINIUM PROJECT AT 2021 3RD
STREET: Presented was an appeal of Planning commission condition
of approval of Tentative Parcel Map 17599 and Conditional Use
Permit 416, wherein a condition was imposed that access to the
upper level roof decks be removed in regard to development of a
two-unit condominium at 2021 3rd street, continued from August
12, 1986. Applicant/appellant: Douglas A. Lowe for Lefcoe and
Whitebread. Discussion was held. Doug Lowe, project architect,
spoke in support of the proposal. Discussion was held. Members
of the public Bruce Dickinson and Jan Ludwinski spoke in
opposition to the proposed roof deck. George Lefcoe, project
owner, spoke in support of the proposal. Discussion was held.
Councilmember H. Katz moved to support the staff recommendation,
thereby upholding the appeal and approving Tentative Parcel Map
17599 and Conditional Use Permit 416 in regard to the condominium
development at 2021 3rd street with the findings and conditions
contained in the May 5, 1986, Planning Commission Statement of
Official Action, but deleting Condition 11 ("Access to the roof
shall be eliminated from Unit A, Unit B and the common tower, so
that the upper roof of each unit is not used as a deck") thus
allowing the roof deck. Second by Counci1member Conn.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Conn, Epstein,
Jennings, A. Katz, H. Katz, Zane
Negative: Mayor Reed
Mayor Reed requested the record to reflect that her negative vote
is because she shares the concerns of some of the neighbors.
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At 10:50 p.m., Councilmember Epstein moved to extend the meeting
to 12: 30 p. m. Second by Councilmember Conn. The motion was
unanimously approved.
12-B: TENTATIVE PARCEL MAP 17501/2020 SANTA MONICA BOULEVARD:
Presented was an appeal of a Planning commission decision
approving Tentative Parcel Map 17501 for the subdivision of the
General Telephone company's property located at 2020 Santa Monica
Boulevard into two parcels, thereby separating the existing toll
switching building from the existing six story office building.
Applicant: General Telephone Company of California. Appellant:
Jack H. Rubens for Santa Monicans for Reasonable Growth.
Discussion was held. John Belsher, representing Santa Monicans
for Reasonable Growth, spoke in opposition to the project.
Discussion was held. Members of the public Burt Pines, GTE
counsel, and Gary Ahles, GTE representative, spoke in support of
the project. Don Nelson and Bill Weingarden spoke in opposition
to the project. Discussion was held. Councilmember Epstein
moved to remand the appeal to the Planning Commission. The
motion failed for lack of a second. Discussion was held.
Councilmember Zane moved to grant the appeal on the grounds
provided for by the City Attorney's Office Memorandum Opinion
Number 86-63, as follows: (a) The proposed map is not
consistent with applicable general and specific plan as specified
in Government Code section 65451, (b) The design or improvement
of the proposed subdivision is not consistent with applicable
general and specific plans, and (e) The design of the
subdivision or the proposed improvements are likely to cause
substantial environmental damage or SUbstantially and avoidably
injure fish or wildlife or their habitat. Second by
Councilmember H. Katz. Discussion was held.
At 12:24 a.m., Councilmember Epstein moved to extend the
meeting to 1: 00 a.m. and take a five-minute recess. Second by
Councilmember Zane. The motion was unanimously approved. At
12:27 a.m., Council reconvened with all members present.
Discussion was held. Councilmember Zane withdrew his original
motion and moved a continuation of this item and the public
hearing. Burt Pines, GTE counsel, indicated for the record that
for this purpose, his client, General Telephone, waives all
applicable time periods in any State or local code to ensure the
legal validity of the hearing at a later date. Mayor Reed
summarized the motion before them as accepting Mr. Pine's
indication of the waiver of the time limits, continuing
indefinitely the public hearing, and indicating that the City
will call a public hearing as soon as is reasonably practicable
within 20 days of GTE's request of Council to do so. The motion
was approved by the following vote:
council vote: Unanimously approved 7-0
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13-A: PARKING/25TH STREET AT PICO BOULEVARD: Presented was the
request of Gambhir Singh (not present) to address Council
regarding parking on 25th street in the vicinity of pico
Boulevard. Councilmember Epstein moved to receive and file the
communication. The motion was duly seconded and unanimously
approved.
14-A: CAPITAL IMPROVEMENTS TIMING: Presented was the request of I
Councilmember A. Katz to discuss the procedure for informing
Council of a time schedule for maj or capital improvements that
will cause an inconvenience to residents and businesses.
Councilmember A. Katz introduced discussion and moved to create a
management tool which would notify Council of major projects,
identify a time schedule for the completion of those proj ects,
identify mitigation measures being used on those projects, and if
and when that schedule or those mitigation efforts fail, notify
Council in some form of a report so that council is aware of them
and can take appropriate action. Second by Councilmember Conn.
The motion was unanimously approved.
14-B: PARK RANGER PROGRAM: Presented was the request of Mayor
Reed and councilmember Epstein to discuss making the Park Ranger
Program permanent and expanding it. Mayor Reed moved to continue
the Park Ranger Program in Palisades Park and direct staff to
return to Council in two weeks with suggestions on the other
parks and also with information necessary to make appropriate
budget changes. Second by Mayor Pro Tempore Jennings.
Discussion was held. The motion was unanimously approved.
14-C: FILM PERMIT PROCESS: The request of Mayor Reed to discuss
city participation in a coordinated area-wide film permit process
was continued as a IS' item.
14-D: PRE-ELECTION MASS MAILING: Presented was the request of
Councilmember Epstein to discuss the City's pre-election mass
mailing ordinance. Councilmember Epstein moved to direct the
city Attorney to return in two weeks with an emergency ordinance
amending the pre-election mass mailing ordinance to include the
Rent Control Board and to change the time limits to reflect the
filing times due to new consolidated elections. Second by Mayor
Reed. Discussion was held. with no objection from the second,
Councilmember Epstein modified the motion so that the intent is
to make the ordinance effective as soon as possible by emergency
ordinance, if necessary. The motion was unanimously approved.
14-E: STORM. DRAIN AREA: Presented was the request of
Councilmember Zane to discuss the fencing off of storm drain
areas. Councilmember Zane moved to direct staff to return with
options regarding protecting the public at the storm drain areas
on the beach including, but not limited to, fencing the area.
Second by councilmember H. Katz. Discussion was held. The
motion was unanimously approved.
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14-F: TENANT PROTECTION/ELLIS ACT: Considered after Item 4-B.
14-G: SOCIAL SERVICES: Presented was the request of Mayor Pro
Tempore Jennings to discuss giving specific direction to the
Blue Ribbon Committee on Social Services. Mayor Pro Tempore
Jennings introduced discussion and moved the fOllowing charges to
the Blue Ribbon Committee on the Social Services: (1)
Generating new board members for agencies: (2) Linking agencies
needing and providing specific technical assistance; (3)
Developing, advocating, and participating in programs to identify
employees interested in working with agencies and related to
employment opportunities; (4) Promoting an UAdopt an Agency"
program whereby a business would be encouraged to focus its
assistance and energy on only one or two agencies; (5)
Advocating and lobbying for proposals at the state and National
levels that would increase support for social service programs;
(6) Putting together support for yearly publication of an agency
"wish list"; and (7) Assisting agencies in obtaining entrees to
decision makers on the boards of grants-giving foundations.
Second by Councilmember Epstein. Discussion was held.
Councilmember Epstein moved to extend the meeting to 1: 30 a. m.
Second by councilmember H. Katz. The motion was approved.
Discussion was held. Councilmember Conn moved a substitute
motion to remand this to the Social services commission for their
review. Second by Councilmember Zane. The substitute motion was
approved by the following vote:
Council vote: Affirmative: counci1members Conn, A. Katz,
H. Katz, Zane, Mayor Reed
Negative: Counci1members Epstein, Jennings
14-H: ASBESTOS CLEANUP: Presented was the request of
Councilmember Zane to discuss asbestos cleanup at pacific Plaza
Towers, 1431 Ocean Avenue. Councilmember Zane introduced
discussion and moved to direct staff to (1) identify and offer
Council by way of memo what authority the City might have with
respect to this problem, and (2) authorize staff to play a
mediation role, if appropriate, in helping to resolve the
difficulties there. Second by Counci1member A. Katz. Discussion
was held. with no objection from the second, Councilmember Zane
incorporated into the motion councilmember Epstein's suggestion
that the city cooperate with the County authorities who have the
primary responsibility in this area. Discussion was held. The
motion was approved by unanimous vote.
14-I: PLANNING COMMISSION: Presented was the request of
Councilmember H. Katz to discuss Planning Commission Chairperson
Hecht's request regarding member Derek Shearer. Councilmember H.
Katz introduced discussion and read into the record a letter from
Planning COl1l1nission Chairperson Hecht regarding the conduct of
Commissioner Derek Shearer. Discussion was held. Counci1member
H. Katz moved to remove Derek Shearer from the Planning
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147
Commission. Second by Councilmember A. Katz. Discussion was
held. Councilmember Zane moved to hear from members of the
public. The motion failed for lack of a second. Councilmember
Zane moved a substitute motion to remove Larry Israel from the
Planning commission. Second by Councilmember Conn. Discussion
was held. Mayor Reed ruled the substitute motion out of order
pursuant to the city Attorney's opinion that it is not an
appropriate substitute motion. Discussion was held. The motion
to remove commissioner Shearer was approved by the fOllowing
vote:
council vote: Affirmative: Councilmembers Epstein, jennings,
A. Katz, H. Katz, Mayor Reed
Negative: Councilmembers Conn, Zane
councilmember Zane moved to remove Larry Israel from the Planning
Commission. Second by Councilmember Conn. Discussion was held.
The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Conn, Zane
Negative: Councilmembers Epstein, jennings,
A. Katz, H. Katz, Mayor Reed
Councilmember A. Katz requested the record to reflect that if
evidence is presented that shows that Mr. Israel's behavior
violates the standards articulated earlier concerning Mr.
Shearer, he would vote to remove him.
Councilmember H. Katz moved to make an emergency temporary
appointment of Don Nelson to the Planning Commission representing
a neighborhood that is long overdue, and that is Mid-Cities.
Second by Councilmember A. Katz. Discussion was held.
Counci1member H. Katz withdrew his motion because of the ten-day
public notice requirement. Discussion was held. Mayor Reed
moved to direct that the ten-day notice procedure be complied
with, that it be listed on the agenda for the next regular
Council meeting to fill the appointment, and that councilmembers
should make their nominations prior to Friday noon before the
next regular Council meeting. Second by Councilmember Epstein.
Mayor Pro Tempore Jennings moved to extend the meeting to 2:00
a.m. The motion was duly seconded and unanimously approved. The
motion regarding the ten-day pUblic notice was approved by a vote
of five to zero, Councilmembers Conn and Zane abstaining.
11-A: CLOSED SESSION: Presented was the request for Closed
Session for the purpose of considering personnel matters and
threatened litigation, pending litigation, and litigation to be
commenced by the City. At 1:40 a.m., Councilmember Epstein moved
to retire to Closed Session to consider the following pending
cases: California Aviation v. city of Santa Monica, Los Angeles
Superior Court Case No. C 306538 and City of Santa Monica v.
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September 9, 1986
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California Aviation, Los Angeles Superior Court Case No. C
549178; United Brotherhood of Carpenters v. City of Santa Monica,
Santa Monica Superior Court Case No. WEe 069227; Rita Diaz Wilson
v. City of Santa Monica, united states District Case No. 86-2020
HLH (Bx); Spearman v. City of Santa Monica, Los Angeles Superior
Court Case No. 424362; Kuen v. City of Santa Monica, Santa Monica
Superior Court Case No. WEC 89879; Lacefield v. city of Santa
Monica, Santa Monica Superior Court Case No. WEC 93491; Tervalon
v. City of Santa Monica, Los Angeles Superior Court Case No. C
70263; and Ot1ey v. City of Santa Monica, Santa Monica Superior
Court Case No. WEC 98192. Second by Mayor Reed. The motion was
unanimously approved. At 1:55 a.m., Council reconvened with five
Councilmembers present, Counci1merobers H. Katz and Jennings
absent.
Counei1member A. Katz moved to approve settlement in the
following cases: Spearman v. city, $3,000: Kuen v. city, $4,300:
Lacefield v. city, $5,250; Tervalon v. City, $10,000; and Otley
v. City, $11,000. The motion was duly seconded and approved by
the following vote:
Council vote: Affirmative: Counci1members Conn, A. Katz,
Zane, Mayor Reed
Abstain: Councilmember Epstein (per tape)
Absent: counci1members H. Katz, Jennings
(Mayor Pro Tempore Jennings entered at 1:56 a.m.)
ADJOURNMENT: At 1:57 p.m., Councilmerober A. Katz moved to
adj ourn the meeting in memory of Xochiquetzal tz in viII icana De
Cronkhite, the City's Spanish translator, and her two children,
Cuauhtemoe George Heeter Cronkhite and Tomantzin Cronkhite, who
perished in the Cerritos plane crash. The motion was duly
seconded and unanimously approved.
rJ::' YJ;~.
APPROVED:
,C[~~~l-~
/ Christine E. Reed
Mayor
Ann M. Shore
City Clerk
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September 9, 1986