M-092579CITY OF SANTA MONICA
CITY COUNCIL PROCEEDINGS
September 25, 1979
A regular meeting of the Santa Monica City Council was called to order
at 7:30 P.M. by Mayor Pieter van den Steenhoven who led the assemblage
in the.pledge to the United States of America. Mayor van den Steenhoven
then introduced Reverend Charles Elswice, First Christian Church of
Santa Monica who offered the invocation.
Roll Call: Present: Mayor Pieter van den Steenhoven
Mayor Pro Tempore Christine Reed
Councilmember John J. Bambrick
Councilmember Ruth Yannatta Goldway
Councilmember William H. Jennings
Councilmember Perry Scott
City Manager Charles K. McClain
City Attorney Richard Knickerbocker
City Clerk Joyce Snider
On motion of Mayor Pro Tempore Reed, second by Councilmember Bambrick,
Item 13 -A was deleted and ex -agen a Item 13 -F was added to the agenda.
Consent Calendar:
The Consent Calendar was presented by the City Clerk after which Mayor Pro'
Tempore.Reed moved to approve the Consent Calendar adopting the resolu-
tions and ordinances therein, reading by title only and waiving further
reading thereof. Second by Councilmember Bambrick.
Council Vote: Unanimously approved 5 -0
Absent: Councilmember Yannatta Goldway
Agenda Item 6 -A: A request for reimbursement of departmental revolving
cash funds: Police - $141.70; Library - $145.03; Recreation and Parks -
$101.91; City Yards - $52.93, was approved.
Agenda Item 6 -B: Resolution No. 5399 (CCS) entitled: "A RESOLUTION OI
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF PARCEL NO. 11231 ", for a new 4 -unit condominium
project at 1248 - 23rd Street by Maxwell Blecher of Deemel Development,
Inc., was adopted.
Agenda Item 6 -C: Resolution No. 5400 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF PARCEL NO. 11232 ", for a new 4 -unit condominium
project at 1239 - 22nd Street, by Maxwell Blecher of Deemel Development,
Inc., was adopted.
Agenda Item 6 -D: Resolution No. 5401 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 36415 ", for a new 12 -unit condominium pro-
ject at 1504 -1508 Berkeley Street, by Emil Cantalupo, was adopted.
Agenda Item 6 -E: Resolution No. 5402 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING;
SUBDIVISION MAP OF TRACT NO. 37005 ", for a new 5 -unit condominium
project at 1660 Franklin, by Ontanas and Filimena Goldikas, was adopted.
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Agenda Item 6 -F: Resolution No. 5403 (CCS) entitled: "A RESOLUTION
:ract OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 36248 ", for a S -unit condominium conver-
sion at 1629 Franklin Street, by Gary A. and Mary Lou Dravetz and
Miyeko Heishi, was adopted.
j Agenda Item 6 -K: Ordinance No. 1135 (CCS) entitled: "AN ORDINANCE OF
to THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4617 TO THE
in- I SANTA MONICA MUNICIPAL CODE, REQUIRING NOTICE TO TENANTS OF CONDOMINUM
CONVERSIONS ", was adopted.
rictlAgenda Item 6 -L: Ordinance No. 1136 (CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE DISTRICTING
MAP WHICH IS A PART OF CHAPTER 1, ARTICLE 9, SECTION 9103 OF THE
SANTA MONICA MUNICIPAL CODE ", was adopted rezoning a portion of pro-
perty at 2646 - 29th Street.
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r Agenda Item 6 -M: A recommendation for appropriation of $25,000 to
> the Building and Safety Professional Services Account for processing
rnit,! various major building permit applications and plans was approved.
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Agenda Item 6 -N: The.minutes of a regular City Council meeting held
r June 26, 1979, an adjourned City Council meeting held September 10,
>re j 1979 and a special adjourned meeting of the City Council. held September
18, 1979, were approved as mailed.
Agenda Item 6 -0: A recommendation for ratification of emergency work
ner -' on Ocean Avenue.traffic islands and landscaping, and appropriation
of $22,000 from on- street parking and $4,000 from Gas Tax funds, was
approved.
-m Agenda Item 6 -P: The settlement of a claim entitled Vera C. Steckler
v. City of Santa Monica, Case No. CSM 78 -170, was approved as recom-
'0 mended by staff and the Director of Finance instructed to draw a warrant
made payable to Vera C. Steckler and the Law Offices of Rodney E. Moss,,
a professional corporation, her attorneys of record in full and complete
settlement of the case.
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Agenda Item
6 -G: Resolution No. 5404 (CCS) entitled: "A 'RESOLUTION
:ract
OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION
MAP OF TRACT NO. 36444 ", for a 10 -unit condominium conver-
sion at 1128
- 11th Street, by Dan A. Emmet, for Canon Investment Co.,
was adopted.
Agenda Item
6 -H: Resolution No. 5405 (CCS) entitled: "A RESOLUTION
'.racy
OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION
MAP OF TRACT NO. 36481 ", for a 14 -unit condominium conver -'
sion at 1010
- 19th Street, by Thomas and Donald Clancy and Leslie
Ann Grace, was
adopted.
Agenda Item
6 -I: Resolution No. 5406 (CCS) entitled: "A RESOLUTION
en- 1
OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION
es I
TO PLANT TREES
ALONG SANTA MONICA BOULEVARD BETWEEN 17TH STREET AND
d. ''
20TH STREET
WITHIN THE,CITY OF SANTA MONICA", Was adopted setting a
public hearing
for November 13, 1979 at 7:30 P.M.
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Agenda Item
6 -J: Resolution No. 5407 (CCS) entitled: "A RESOLUTION
d
OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BID
hor -'!
PROCEDURE AND
AUTHORIZING A CONTRACT FOR PURCHASE OF TRIMMING AND
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SLICKING 500
PHOENIX PALM TREES ", was adopted awarding Contract No.
ming
3399(CCS) to
Callahan Tree Trimming, Inc. by issuance of P. 0. No. 41814
for $50,000
and approving an appropriation of $7,500 from the General
S.
Fund reserves
to supplement the original budget appropriation of
$42,500.
j Agenda Item 6 -K: Ordinance No. 1135 (CCS) entitled: "AN ORDINANCE OF
to THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4617 TO THE
in- I SANTA MONICA MUNICIPAL CODE, REQUIRING NOTICE TO TENANTS OF CONDOMINUM
CONVERSIONS ", was adopted.
rictlAgenda Item 6 -L: Ordinance No. 1136 (CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE DISTRICTING
MAP WHICH IS A PART OF CHAPTER 1, ARTICLE 9, SECTION 9103 OF THE
SANTA MONICA MUNICIPAL CODE ", was adopted rezoning a portion of pro-
perty at 2646 - 29th Street.
I _
r Agenda Item 6 -M: A recommendation for appropriation of $25,000 to
> the Building and Safety Professional Services Account for processing
rnit,! various major building permit applications and plans was approved.
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Agenda Item 6 -N: The.minutes of a regular City Council meeting held
r June 26, 1979, an adjourned City Council meeting held September 10,
>re j 1979 and a special adjourned meeting of the City Council. held September
18, 1979, were approved as mailed.
Agenda Item 6 -0: A recommendation for ratification of emergency work
ner -' on Ocean Avenue.traffic islands and landscaping, and appropriation
of $22,000 from on- street parking and $4,000 from Gas Tax funds, was
approved.
-m Agenda Item 6 -P: The settlement of a claim entitled Vera C. Steckler
v. City of Santa Monica, Case No. CSM 78 -170, was approved as recom-
'0 mended by staff and the Director of Finance instructed to draw a warrant
made payable to Vera C. Steckler and the Law Offices of Rodney E. Moss,,
a professional corporation, her attorneys of record in full and complete
settlement of the case.
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Councilmember Yannatta Goldway arrived at 7:40 P.M.
Agenda Item 7 -A: Presented at this time was a public hearing regarding
the amendment of the 1979 -80 fiscal year budget to fund Rent Control
Administration from October 1979 through June of 1980. The proof of
publication was ordered filed by Mayor van den Steenhoven. The public
hearing was opened at 7:4S P.M. by order of Mayor van den Steenhoven
and the following members of the public addressed the Council: A. B.
Huff, Bill Miller, John Jurenka, Lowell Wedemyer, John Hult, Lynn Corum,
Dick Lewis, James Baker and Ed Wiseman. The public hearing was closed
at 8:20 P.M. After discussion, Councilmember Scott moved that the City
Council authorize the advance of unds to t e Rent Control Board (by
appropriation of $447,638) to continue the operation until they have
adopted a fee structure and started receiving these revenues to,con-
tinue the operation, and that part of the cost is the cost of repaying
to the City the money advanced with the exclusion of overhead other
than legal fees. Second by Mayor Pro Tempore Reed. After discussion
during which Councilmember Scott clarified the motion by stating that
the Rent Control Board should pay their own expenses, including legal
expenses ,other than litigation initiated during the first six months, the motion was
approved by the following vote:
Council Vote: Affirmative: Councilmembers Yannatta Goldway
Jennings, Reed, Scott and Mayor
van den Steenhoven
Abstain:. Councilmember Bambrick
Agenda Item 8 -A: Presented at this time was an ordinance for intro-
duction regarding parking hours on beach parking lots. The public
hearing was opened at 9:37 P.M. by order of Mayor van den Steenhoven.
The following persons spoke in favor of closing certain beach parking
lots to the public at sunset: Richard Klug, Tony Chariott, Susan
Sommer, Brian Swain and Charlotte DeOrlow. The public hearing was
closed at 9:50 P.M. After discussion Councilmember Yannatta Goldway
moved to introduce an ordinance entitled:, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3201 OF THE
SANTA MONICA MUNICIPAL CODE REGARDING NIGHT TIME PARKING IN PUBLIC
PARKING LOTS ". Second by Councilmember Scott. The motion was approved
by the following vote:
Council Vote: Unanimously approved 6 -0
Councilmember Yannatta Goldway moved to direct staff to present a
recommendation for appropriate lighting in beach parking lots which
involve residential permit parking, including cost estimates for each
lot. Second by Councilmember Scott.
Council Vote: Unanimously approved 6 -0
Agenda .Item 8 -B: Presented at this time was an ordinance for intro-
duction dealing with age discrimination in housing. The public hearing
was opened at.10:02 P.M. by order of Mayor van den Steenhoven. The
following persons spoke in favor of the proposed ordinance: Jane Cozzi,
Atticus Rotoli, Barbara Osborne, John Hult, Moroe Fein, Michael Bromberg,,
Frances D. Smith, Sheryl Ann Abelson, Dr. Alan Vida, Dolores Press,
David Koppelman, Kim Martin, Dora Ashford, Rose Boin, Lee Jordan,
Renee Gould, Carol Cullom, Susan Sommer, Charlotte DeOrlow, Brian Swain;
and Ken Edwards. The following persons spoke in opposition to the
proposed ordinance: Lowell Wedemyer, Walter Schwartz,.Charles
Isham, K. B. Huff, Gloria Fitzgerald, Bill Miller, Ed Wiseman, Ralph
Wright, John Jurenka, James W.-Baker, George Zaharakos,'Dick Lewis,
Joe Baur and C. R. Davenport.
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At 11:00 P.M. Ma or van den Steenhoven moved to continue the meeting
past 11:00 P.M. Secon by Mayor Pro Tempore Reed.
Council Vote: Unanimously approved 6 -0
The public hearing was closed at 11:30 P.M. by order of Mayor van
tro- den Steenhoven. Lengthy discussion ensued after which Mayor Pro
e Tempore Reed moved to introduce the ordinance amended to include that
the the ordi Hance shall not apply to those buildings where 40 percent of
not the units are rented to families with children. Second by Council -
uild- member Yannatta Goldway. After further discussion Mayor Pro Tempore
rcent: Reed included, with the consent of the second, the following inter -
lineations in the proposed ordinance: Section 4702(d): ".. or con-
es tract with regard to a rental unit offered by that person that in-
dicates... "; Section .4703: Additional Prohibited Activities: It
shall be unlawful for any person offering a unit for rent or lease,
or any authorized "ag'e'nt_or 'employee of such_te'rson, to make,.... ".
Further discussion ensued during which City Attorney Knickerbocker
clarified that a landlord that doesn't want to rent a bachelor apart - ,
nd ment to a family with five children, not on the ground that it's a
family, but rather on the ground that its an inappropriate apartment
for that particular family, is not discriminating against the family
on the basis of age, parenthood, pregnancy, etc., but rather for
another reason because the City has specific exemptions with occupancy
and density standards, and the discrimination is a narrow form of
discrimination. However, if the landlord were using density require -
ments as a subterfuge for discriminating against children, that could
be raised as an issue. Mr. Knickerbocker further clarified that "den-
sity" is defined as "units" and "occupancy" is the number of people
per unit in the Santa Monica Municipal Code.
nend -1, , Further discussion ensued after which Councilmember Scott moved that
ancel Subsection G be added to Section 4702 to read as follows: provided
shall however it shall not be unlawful for 'a person to decline to rent a
en of housing accommodation to a family whose total number of persons exceed.
the reasonable living space available in the rental unit. Second
s of by Mayor van den Steenhoven. Councilmember Jennings moved to amend
Mr. Scott's amendment to add the language to Section 4706(g) that "in
any action brought pursuant to Section 4706 of this ordinance, the
landlord shall have the burden of proving the reasonableness of the
occupancy standards." Second by Councilmember Yannatta Goldway.
Councilmember Jennings' amendment was approved by the following vote:
Council Vote: Affirmative: Councilmembers Bambrick, Yannatta
Goldway, Jennings, Reed and Mayor
van den Steenhoven
Negative: Councilmember Scott
Councilmember Scott's amended amendment was approved by the following
vote:
Council Vote: Unanimously approved 6 -0
Mayor Pro Tempore Reed,
into the main motion th e
1 ", ;Provided, however,
position Q of the Novemb
it shall not be unlawful
accommodation to a famil
with the consent of the second,
following additonal language to
that this subsection shall not
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reasonable living space av
brought. pursuant to Secti
son To
tal nu
in the
'of f thi
ecllne to ren
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ental u
ordinan
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Section 4702(F)
apply if Pro -
ails. However;`,
a housin
exceeds the
the landio
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rd shall
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have the burden of providing the reasonableness of the occupancy
scan ar ."
Councilmember Scott moved to amend Section 4706 to read as follows:
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"Any person who violates the provisions of this ordinance is liable
viol
for each and every such offense for the actual damages if any, and
visi
such amount as may be determined by a jury, or the court sitting with-
out a jury, up to a maximum o£. three times the amount of actual damages.
In addition, the prevailing party shall be entitled to.reasonable
attorney's fees." Second by Mayor van den Steenhoven.
Council Vote: Affirmative: Councilmembers Bambrick, Reed, Scott
and Mayor van den Steenhoven
Negative: Councilmembers Yannatta Goldway,
Jennings
The Council then approved the main motion as amended by the following
vote:
Council Vote: Affirmative: Councilmembers Bambrick, Yannatta
Goldway, Jennings, Reed, Mayor
van den Steenhoven
Negative: Councilmember Scott
Agenda Item 8 -C: Presented at this time was an ordinance for amend-
A pu
ment and re- introduction fixing the Single Event Noise Exposure Level "
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(SENEL) for aircraft movements at Santa Monica Municipal Airport.
duce
After discussion, it was recommended by City Attorney Knickerbocker
Sing
that this be considered the first reading of this ordinance and that
Expe
the second reading be held 30 days from this date. Councilmember Scott
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moved that the ordinance be introduced for first reading with the
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following amendments to the text of the ordinance previously introduced:
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"That the last sentence of Section 10105B(2)e be amended to read as
follows: For implementation of these regulations, the threshold noise
level shall be 65 NL. And further that the first sentence of Subsection
9 be amended to read: Estimated SENEL by Aircraft Model. Each model
of aircraft whose estimated noise will exceed an SENEL of 85 at the
noise monitor stations specified in Subsection (4) above, is hereby
prohibited, except in an emergency, from operating at the Santa Monica
Municipal Airport. And that Subsection 10(a) be amended to read:
Subsection 10. Noise Level Limitation Presumption.. (a) Aircraft Rated
Above Limit. It is conclusively presumed that any person owning,
operating, or permitting the use of any aircraft prohibited in Sub-
section 9, above, intends to violate the established noise level limit ".
Second by Mayor Pro Tempore Reed. Mayor van den Steenhoven: moved an
amendment to the ordinance to add a Grandfather Clause allowing air-
craft presently based at Santa Monica Airport to be exempt from this
ordinance until June 1, 1980. Second by Mayor Pro Tempore Reed. The
Grandfather Clause as outlined by staff in the September 25, 1979,
staff report was read. The public hearing was opened at 12:40 A. M.
by order of Mayor van den Steenhoven. William Hirsch spoke briefly
on an alternative method of banning jets. Tony Chariott advised Council
that some plane owners are modifying their planes. to cut noise levels
and that the noise monitor should be used to enforce this ordinance
rather than using manufacturer's specifications. The public hearing
was closed at 12:48 A. M. by order of Mayor van den Steenhoven. The
motion was approved by the following vote:
Council Vote: Unanimously approved 6 -0
Mayor Pro Tempore Reed moved to continue the public hearing on the
1Publ:
Negative Declaration and the EIR for a 30 day period and.: "that the
encoi
public be encouraged to avail themselves of the opportunity to review
commc
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this document and submit their comments either in writing or at the
public hearing. Second by Mayor van den Steenhoven.
Council Vote: Unanimously approved 6 -0
Agenda Item 13 -B: Mr. David Forrester, former Director of the Boys
Club Choir, requested an expression of encouragement from the City
Council in his formation of the Santa Monica Boys and Girls Choir.
He said the expenses of the Santa Monica Boys and Girls Choir would
be privately funded and it would be set up as non - profit corporation;
it that it will not represent the City in any official capacity. Council -
member Bambrick moved to authorize the Mayor to present that Choir with
.a Resolution of Commendation, No 4508, entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING AND COMMENDING
THE CONCEPT OF THE SANTA MONICA BOYS AND GIRLS CHOIR" when the Choir
is organized and functioning. Second by Mayor van den Steenhoven.
ly
ag
Council Vote: Unanimously approved 6 -0
Agenda Item 13 -C: Mr. Nat Bubar of the Chamber of Commerce presented
a request to the Council for better security in the downtown business
area and specifically requested additional uniformed, unarmed guards
in the parking structures for the purpose of deterring crime against
shoppers over the.forthcoming holiday shopping season. After dis-
cussion Mayor van den Steenhoven offered to work with the City Manager
this week to see what can be done to alleviate the immediate problem.
Agenda Item 13 -D: Presented at this time was the request of Council -
member Bambrick for discussion of approval of final Subdivision Tract
Map No. 35504, or completion of processing, for a condominium con-
version at 937 - 12th Street by Robert Wilson, Attorney Camilla Jensen
presented arguments in favor of approval. After discussion,-Council-
member Bambrick moved to approve the final subdivision Map No. 33504,
with the stipulation that.this approval would not relieve the owner of
the obligation of going through the rent control board. Second by
Councilmember Scott. After further discussion, the motion failed by
the following vote:
Council Vote: Affirmative: Councilmembers Bambrick and Scott,
Mayor van den Steenhoven
Negative: Yannatta, Jennings, Reed
Agenda Item 13 -E: Presented at this time was the request of Mayor
van den Steenhoven for discussion regarding a resolution urging County
Board of Supervisors to make Assembly Bill 8 funds available to County
Mosquito Abatement Districts. Mayor Pro Tempore Reed moved to adopt
Resolution No. 5409 entitled "A RESOLUTION-OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA URGING APPROVAL OF ASSEMBLY BILL 8 FUNDS FOR USE
BY LOS ANGELES COUNTY MOSQUITO ABATEMENT DISTRICTS ". Second by
Mayor van den Steenhoven. The resolution was adopted >by the following
vote:
Council Vote: Unanimously approved 6 -0
Agenda Item 13 -F: Presented at this time for discussion was the request
of the Santa Monica Board of Education for crossing guards at Lincoln
and Washington; 7th and Washington; Stewart and Kansas; 24th and Ocean
Park. Mayor van den Steenhoven moved that the positions be staffed as soon as
possible and that staff make recommendations to the Council regarding possible.changes.
Second by Councilmember Scott.
Council Vote: Unanimously approved 6 -0
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At 1:35 A. M., on motion of Mayor Pro Tempore Reed, second by Council-
member Bambrick, the meeting was adjourned in memory of Rabbi Lawrence
Block, a long -time resident and clergyman in the community who served
on several City committees.
Council Vote: Unanimously approved 6 -0
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APPROVED
�/ l �/1/�//9✓</'4 / /iGi4 /Z tlz�/
Pieter van den Steen oven
Mayor
9/Z5/79
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