M-101183455
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 11 1983
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A regular meeting of the Santa Monica City Council was called to
order by Mayor Edwards on Tuesday October 11, 1983 at 7:51 P.M.,
following a regular meeting of the Parking Authority. Mayor
Edwards led the assemblage in the pledge of allegiance to the
United States of America. Mayor Edwards introduced Reverend John
Shaw, Chaplain, Santa Monica Hospital; who offered the invocation.
Roll Call: Present: Mayor Ken Edwards
Councilmember David G. Epstein
Councilmember William H. Jennings
Councilmember Christine E. Reed
Councilmember Dennis Zane
City Manager John H. Alschuler, Jr.
City Attorney Robert M. Myers
Assistant City Attorney Stephen S. Stark
City Clerk Ann M. Shore
Absent: Mayor Pro Tempore Dolores M. Press
Councilmember James P. Conn
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Councilmember Epstein moved to add to the agenda Items 4-A, 4-B,
12-A, 14-A, 14-B, 14-C, 14-D, 14-E and 14-F. Second by
Councilmember Jennings. The motion was approved by unanimous vote.
4-A: ARTS COMMISSION: The City Clerk announced that applications
are invited to fill a vacancy on the Arts Commission.
4-B: RECYCLING CONTEST T-SHIRTS: Mayor Edwards introduced Deborah
Baine, Recycling Coordinator, who described the contest having to
do with curbside collection of recycled materials during the month
of September and presented recycling T-shirts to winners Richard
Darilek and Regina Pally for their participation in the Santa
Monica recycle program.
4-C: DONATION OF BILLBOARD SPACE BY GANNETT OUTDOOR COMPANY:
Withdrawn at the request of staff.
j5^A: FIREWORKS POLICY. Presented was the request of Councilmember
(Reed to discuss the City's fireworks policy (continued from
!September 27, 1983). Councilmember Reed introduced discussion in
regard to a recent fireworks event on which there had been several
:complaints for citizens. Staff presented a report to establish
policy that, aside from municipal-sponsored Fourth pf July
fireworks, Council approve special fireworks events. After
:discussion, Councilmember Reed moved to approve the staff
;recommendation, the policy to be incorporated as staff feels
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appropriate- Second by Mayor Edwards. With the consent of the
second, Councilmember Reed included in the motion the request of
Councilmember Epstein that the City Attorney be directed to review
the legalities of such a policy and return the matter to the
Council if further action is required. Councilmember Reed moved to
hear from a member of the public who had requested to speak.
Second by Councilmember Epstein. The motion was approved by
unanimous vote. Dick Horst spoke in support of allowing fireworks
in the City. After discussion, the motion was approved by the
following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
5-S: DEVELOPMENT REVIEW PROCESS: Presented was the request of
Councilmember Epstein to discuss a letter from Architect James
Mount requesting review of criteria relating to development review
process of the Planning Commission (continued from September 27,
1983). Councilmember Epstein introduced discussion and yielded his
time to Mr. Mount. James Mount, Architect, requested consideration
of streamlining the development review process by developing
criteria to permit the staff more leeway in exempting projects from
review. Discussion was held. Councimember Epstein moved to
request the City Attorney to prepare an ordinance amendment which
would grant the Planning Director discretion to approve
developments without further administrative review if they meet
four criteria: (1) if the floor area ratio is one-half or less of
the guidelines, (2) if no parking and traffic variances are
involved, (3) if they find it will not prejudice the City's ability
to develop the Land Use Element and (4) if they do not involve
either the sale of liquor or 24-hour retail operations. Second by
Councilmember Reed. Further discussion was held. With the consent
of the second, Councilmember Epstein amended criteria (1) to read
if the floor area ratio is .5 of the lot coverage. Discussion was
held. With the consent of the second, Councilmember Epstein
amended the motion to request staff to report on October 25, 1983
on a method to streamline the development review process along the
lines stated in the motion, so that if it is possible to proceed in
a realistic fashion, that may be done. The motion, as amended, was
approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
all items are considered and approved in one motion unless removed
from the calendar for discussion. Councilmember Epstein moved to
approve the Consent Calendar with the exception of Items 6-A, 6-B,
6-H, 6-J, and 6-T, reading resolutions and ordinances by titles
only and waiving further reading thereof. Second by Mayor Edwards.
The motion was approved by the following vote:
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Council Vote: Unanimously approved 5-0
Absent- Councilmembers Conn and Press
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6-C: DEFERRED COMPENSATION PLAN: Resolution No. 6759(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE CITY'S DEFERRED COMPENSATION PLAN," was adopted
to conform with Internal Revenue Service regulations.
6-D: DEFERRED COMPENSATION PLAN (TCMA): Resolution No. 6760(CCS)~
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE DEFERRED COMPENSATION PLAN WITH ICMA RETIREMENT
CORPORATION," was adopted to conform with Internal Revenue Service
regulations.
6-E: TRANSPORTATION GRANT CONTRACTS: Resolution No. 6761(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT
OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR OPERATING AND
CAPITAL GRANTS UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT
OF 1964, AS AMENDED," was adopted awarding Contract No. 4026(CCS)
for operating assistance funds and Contract No. 4027(CCS) for
capital assistance funds.
6-F: SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No. 6762(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-83-53)," was adopted setting a
Public Hearing for November 8, 1983.
6-G: VACATION OF 22ND STREET: Resolution NO. 6763(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ORDER THE VACATION OF THAT CERTAIN
STREET KNOWN AS TWENTY-SECOND STREET FROM MICHIGAN AVENUE TO-THE
SANTA MONICA FREEWAY IN THE CITY OF SANTA MONICA," was adopted.
6-I: UPDATE OF SHORT RANGE TRANSIT PLAN: A recommendation was
approved authorizing the City Manager to execute Contract No.
4024(CCS) with ATE Management and Service Company, Inc. in the
amount of $40,000 to prepare an update of the Short Range Transit
Plan for the Municipal Bus Lines and authorizing Director of
Transportation to issue necessary change orders up to $5,000.
6-K: ENGINE REBUILDING: Bid No. 1873 was awarded to Karody-Colyer
Corporation and to Associated Diesel Service & Equipment Co., Inc.,
~ on 6-V engines only and Parts Expediting & Distribution Company on
8-V engines only at unit prices offered for the period from
. November 1, 1983 through October 31, 1984, with various options,
for engine rebuilding for the Transportation Department.
6-L: BUS BODY REPAIRS SERVICES: Bid No. 1880 was awarded to J & M
Bus Body Repair at the unit amount quoted for the period from
October 15, 1983 through October 14, 1984 plus one additional
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one-year option for bus body repairs services for the
Transportation Department.
6-M: PAVEMENT LEGENDS: Bid No. 1897 was awarded to Traffic
Appliance Corporation at unit prices quoted for the period from
november 1, 1983 through October 31, 1984 plus two one-year options
for removing and installing new pavement legends for the Traffic
Engineering Department.
i 6-N: CONTINUOUS FORMS: Bid No. 1907 was awarded to Vanier Graphics
Corporation in the total amount of $7,936.91 including tax for
'• continuous forms for the Data Processing Division.
6-O: WASTE RECEPTACLES AND ANCHORS: Bid No. 1909 Was awarded to
Sportmaster in the total amount of $26,244.80 including tax for 100
waste receptacles and anchors for the Street Division.
6-P: SPECIAL BODY CRANE TRUCKS: Bid No. 1911 was awarded to
Thorson GMC, Buick, in the total amount of $39,502.38 including tax
for two special body crane trucks for the Water Division.
6-Q: SERVICE BODY TRUCK: Bid No. 1913 was awarded to Carmenita
Ford Truck Sales, Inc., in the total amount of $24,282.00 for dump
truck for the Parks Division and Claude Short Dodge in the total
amount of $13,472.25 for service body truck for the Public
~ Facilities Maintenance Division.
6-R: REFUSE TRANSFER TRAILER: Bid No. 1915 was awarded to S.
Vincen Bowles, Inc., in the total amount of $47,658.75 including
tax for one refuse transfer trailer for the Refuse Division and to
approve appropriate account transfer of $2,658.75.
6-S: CURBSIDE REFUSE COLLECTION TRUCK: A recommendation that bid
of Carmenita Ford Truck Sales be allowed to withdraw their
incomplete bid as requested was approved and Bid No. 1916 was
awarded to International Harvester Co. in total amount of
$49,517.49 including tax for one curbside refuse collection truck
for the Refuse Division.
END OF CONSENT CALENDAR.
6-A: APPROVAL OF MINUTES: Councilmember Epstein moved to approve
the minutes of the City Council meeting of June 28, 1983 as
written. Second by Councilmember Reed. The motion was approved by
the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
Councilmember Zane moved to continue to October 25, 1983 the matter
of approval of the minutes of March 22, 1983 in order that the City
Clerk review the record in regard to Item 8-A on page 4, related to
an ordinance amendment providing for demolition of buildings and
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structures. Second by Mayor Edwards. The motion was approved by
the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Councilmember Jennings
introduced discussion and confirmed with staff the need to continue
the practice of adopting this resolution in regard to funding and
related activities on the Pier. Councilmember Jennings moved to
adopt Resolution No. 6758(CCS) entitled: "A RESOLUTION OF THE
l CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED
EXISTENCE OF THE LOCAL EMERGENCY," reading by title only and
waiving further reading thereof. Second by Councilmember Epstein.
The motion was approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
6-H: SANTA MONICA PIER RECONSTRUCTION: Councilmember Reed
introduced discussion in regard to a recommendation to award a
contract to John L. Meek Construction Co., Inc. for reconstruction
of the Pier under the Sinbad building, and authorization to approve
change orders as appropriate. Discussion was held in regard to the
amount of the contingency fund. Councilmember Epstein moved to
award Contract No. 4025(CCS) to John L. Meek Construction Co.,
Inc., in the amount of $296,200 for reconstruction of the Santa
Monica Pier under the Sinbad building, 370 Santa Monica Pier, and
to authorize contingency funds in the amount of $29,620 (10
percent) for a total contract of $325,820; further to request staff
to provide Council with a report on the safety factors during
reconstruction. Second by Councilmember Reed. Discussion was
held. The motion was approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
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6-J: RACE ROUTE: Councilmember Esptein introduced discussion to
request clarification of the request of Community Service agencies
for a minor change in the approved race route (Route B).
Discussion was held. Mayor Edwards moved to approve the alternate
race route as requested for the Santa Monica Community Services lOK
race to be held November 6, 1983. Second by Councilmember Zane.
The motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Jennings, Reed, Zane
and Mayor Edwards
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Abstain: Councilmember Epstein
Absent: Councilmembers Conn and Press
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6-T: CABLE TELEVISION UTILITY USERS TAX: Councilmember Epstein
introduced discussion regarding an ordinance for second reading
adding Section 6623A to the Municipal Code to include Cable
Television under the City's Utility Users Tax, the ordinance having
been introduced for first reading on September 27, 1983.
Discussion was held. Councilmember Zane moved to table the matter
until October 25, 1983 and request staff to meet with
representatives of the Cable Task Force to gauge concerns they have
expressed. Second by Councilmember Epstein. The motion was
approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
7-A: REPAIR SIDEWALKS~DRIVEWAYS~CURBS: Presented was a staff
report in regard to a Public Hearing on assessment of costs to
repair damaged sidewalks, driveways and curbs (SR-83-51) at various
areas within the City. The Public Hearing was declared open at
9:15 P.M. by Mayor Edwards. No one wishing to speak to the matter,
Councilmember Epstein moved to close the Public Hearing at 9:15
P.M. Second by Mayor Edwards. The motion was approved by
i unanimous vote. Councilmember Epstein moved to acknowledge that no
i protests had been received and to adopt Resolution No. 6764(CCS)
entitled: "A 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,"
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 5-0
Absent: Councilmembers Conn and Press
11-A: GANN APPROPRIATION LIMIT FOR FISCAL YEAR 1983-84: Presented
was a staff report recommending adoption of a resolution
establishing the City's Gann appropriation limit for the 1983-84
Fiscal Year at $32,032,350. Discussion was held. Mayor Edwards
~ moved to approve the staff recommendation. Second by Councilmember
Zane. Further discussion was held. Councilmember Epstein moved to
table the matter until the meeting of October 25, 1983 to permit a
vote by the two absent Councilmembers. Second by Councilmember
•, Reed. The motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Epstein, Jennings,
Reed, Zane
Negative: Mayor Edwards
Absent: Councilmembers Conn and Press
Further discussion was held.
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11-B: Closed Session held at end of meeting.
12-A: VESTED RIGHT NUMBER M-086: Presented was a staff report
recommending denial of a claim for Vested Right Number M-086
regarding construction of a 6-unit condominium at 1434 - 39th
Street by applicant Reuvon Hazon. Milton Condon, Attorney
representing Mr. Hazon, spoke in support of the application.
Discussion was held. Applicant Reuvon Hazon, having been sworn,
responded to questions having to do with financial hardship.
Councilmember Epstein moved to find a hardship resulting in an
exemption from Ordinance 1251(CCS) under which action the Building
Officer is authorized to issue a building permit for construction
of a 6-unit condominium at 1434 - 19th Street. Second by
Councilmember Reed. The motion was approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
Mayor Edwards and Councilmember Zane requested the record to
reflect that they are not supporting the claim for Vested Right,
but support a finding of hardship on this matter.
13-A: REQUEST FOR WINE AND BEER LICENSE: Presented was the request
of Barry Nadery of Napoleon French Pastry and Tea Room, 2301 Main
Street, regarding acquiring a wine and beer license. Barry Nadery
presented his request and submitted a petition in support of his
request. Discussion was held. Councilmember Jennings moved to
direct staff to negotiate with Barry Nadery toward entering into
Contract No. 4028(CCS), conditions being that City Council will
withdraw its opposition to the application for beer and wine
license for an establishment known as Napoleon French Pastry and
Tea Room and that beer and wine be sold only in conjunction with
the sale of food items from the establishment and sold only between
the hours of 7:00 A.M. and 6:00 P.M., and hopefully shorter hours.
Second by Councilmember Epstein. During discussion, and with the
consent of the maker and second, the motion was amended to include
Councilmember Zane's suggestion for deletion of the condition that
beer and wine be sold only in conjunction with the sale of food
items and that a non-assignability or non-transferability clause be
included in the contract which would make it binding upon
• successors and assigns. The motion was approved by the following
vote:
Council Vote: Affirmative: Councilmembers Epstein, Jennings,
Reed, and Zane
Negative: Mayor Edwards
Absent: Councilmembers Conn and Press
14-A: STAFF REPORTS ON MAJOR POLICY ISSUES: Presented was the
request of Councilmember Epstein for discussion regarding lead time
on major policy initiatives. Discussion was held. Councilmember
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Epstein moved to establish a guideline that Council normally
receive the text of major policy issues 10 days before the matter
comes before the City Council for action. Second by Councilmember
Jennings. Following discussion, the motion was approved by the
following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
14-B: DERELICTS IN PUBLIC: Presented was the request of
Councilmember Epstein to discuss a policy pertaining to the problem
of derelicts in public places. Discussion was held. Councilmember
Epstein moved a four-part motion to (1) request reports from staff
on the following matters (a) the status of the footpatrols adopted
as a goal in the budget, especially in the areas of the Mall, the
100 block of Broadway, and Palisades Park, (b) the status of
enforcement of ordinances regarding panhandling, disorderly
conduct, etc., as well as problems that might exist with the
attitudes of local judges, (c) an evaluation of the idea of some
kind of civilian intervention and response team, and (d) a report
on the possibility of at least partial relocation of the feeding
program; (2) request staff to prepare a resolution supporting
adequate funding for community mental health facilities; (3)
request staff to continue to work with the Westside Shelter
Coalition, communicate to them the City's concern about this issue,
and report to Council on what they are doing; and (4) request the
City Attorney to report in regard to statutes and ordinances that
are related to this problem now and whether there are further
ordinances that might reasonably be passed, in particular a
regulation in response to complaints about people living in cars,
discharging wastes from campers, etc. Second by Mayor Edwards.
Discussion was held. The motion was approved by the following
vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
14-C: TASK FORCE ON LATINO AFFAIRS: Presented was the matter of
the scheduled appointment of members to the Task Force on Latino
Affairs. Councilmember Epstein moved to extend the appointment
date to November 8, 1983 to permit receipt of additional
,I applications. Second by Councilmember Reed. The motion was
j approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
14-D: PROPOSED MARTIN CADILLAC PROJECT/SOUTHWEST CORNER OF OLYMPIC
BOULEVARD AND CENTINELA AVENUE: Presented was the request of Mayor
Edwards and Councilmember Epstein to discuss the status of the
Martin Cadillac Project proposed for relocation to land at the
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southwest corner of Olympic Boulevard and Centinela Avenue. (City
Attorney Myers departed from the dias.) Councilmember Epstein
introduced discussion and moved to consider the Martin Cadillac
Project at the City Council meeting to be held October 25, 1983 and
to request the Planning Commission to consider changes in the i
project since their last hearing and make a recommendation to the
City Council. Second by Mayor Edwards. Discussion was held.
Councilmember Epstein moved to extend the meeting past 11:00 P.M.
Second by Mayor Edwards. The motion to extend the meeting was _
approved by a vote of 4 to 1, Councilmember Zane opposed. The main
motion was approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
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(City Attorney Myers returned to the dias.)
14-E: HOUSING COMMISSION: Presented was a letter of resignation
from Joe Williams of the Housing Commission. Councilmember Reed
moved to accept the letter of resignation from Joe Williams with
regret and appreciation for his service on the Housing Commission
and to authorize the City Clerk to publish the notice of vacancy.
Second by Mayor Edwards. The motion was approved by the following
vote.
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Press
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14-F: BUSINESS LICENSE TAX: Presented was the request of
Councilmember Epstein to discuss setting a date and time for a
Study Session on the Business License Tax Ordinance. Councilmember
Jennings suggested that the meeting be adjourned to October 18,
1983 to hold a Study Session at 7:30 P.M. on the Business License
Tax Ordinance. (The motion was made at adjournment.)
11-B: CLOSED SESSION: At 11:10 P.M. it was moved, seconded and
unanimously approved to adjourn to Closed Session as requested for
the purposes of discussing pending litigation and personnel matter.
City Council reconvened at 11:42 P.M. with the following members
present: Councilmembers Epstein, Jennings, Reed and Mayor Edwards.
Councilmember Reed moved to approve settlement of of Case 83-66,
Russell Priebe versus the City, in the amount of $5,500. Second by
Mayor Edwards. The motion was approved by the following vote:
Council Vote: Unanimously approved 4-0
Absent: Councilmembers Conn, Press and Zane
I Councilmember Epstein moved to approve an arbitration award in Case
No. C64471, Leiten versus the City, in the amount of $7,264.70.
Second by Mayor Edwards. The motion was approved by the following
vote:
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Council Vote: Unanimously approved 4-0
Absent: Councilmembers Conn, Press and Zane
ADJOURNMENT: At 11:45 P.M. Councilmember Reed moved to adjourn the
meeting to 7:30 P.M., October 18, 1983 to hold a Study Session on
the Business License Tax Ordinance, adjournment to be in memory of
Zaida P. Bruck and Mary O'Connell. Second by Councilmember
Epstein. The motion was approved by the following vote:
~ Council Vote: Unanimously approved 4-0
Absent: Councilmembers Conn, Press and Zane
ATTEST : ~--~!/` J D
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j Ann M. Shore Ken Edw s
~ City Clerk Mayor
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