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M-1/10/1984 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 10, 1984 A regular meeting of the Santa Monica City Council was called to order by Mayor Edwards at 7:32 P.M. on Tuesday, January 10, 1984. Councilmember Epstein led the assemblage in the plege of allegiance to the United States of America. Reverend David McAllister of the Westside Ecumenical Conference offered the invocation. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn Councilmember David G. Epstein Councilmember William H. Jennings Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John Alschuler, Jr. City Attorney Robert M. Myers City Clerk Ann M. Shore JOINT MEETING WITH REDEVELOPMENT AGENCY A special meeting of the Redevelopment Agency in joint session with the City Council was called to order by Chairperson Edwards at 7:40 P.M. on Tuesday, January 10, 1984. Roll Call: Present: Chairperson Ken Edwards Chairperson Pro Tempore Dolores M. Press Agency Member James P. Conn Agency Member David G. Epstein Agency Member William H. Jennings Agency Member Christine E. Reed Agency Member Dennis Zane Executive Director John H. Alschuler, Jr. Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore Council/Agency Member Epstein moved to add Agenda Item RA/CC-2 to ; the agenda. Second by Council/Agency Member Reed. The motion was . approved by unan~mous vote. 1 January 10, 1984 RA-CC-1: DOWNTOWN AND OCEAN PARK REDEVELOPMENT PROJECTS: Presented was a staff report recommending approval of four promi'ssory Notes between the Redevelopment Agency and city extending loans for the 1984 calendar year in connection with Downtown and Ocean Park Redevelopment projects. Agency Member Epstein moved to approve the staff recommendation, thereby extending for the 1984 calendar year four Promissory Notes between the Redevelopment Agency and the City regarding two Downtown Redevelopment and two Ocean Park Federal Allocation projects. Second by Agency Member Conn. The motion was approved by the following vote: Agency Vote: Unanimously approved 7-0 Councilmember Epstein moved to approve the staff recommendation. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 I RAjCC-2: LOW AND MODERATE HOUSING AGREEMENT INFORMATION: presented was the request of Council/Agency Member Epstein to discuss lack of information regarding low and moderate housing agreement with Community Corporation approved December 13, 1983. City staff apologized for the delay in transmission of one information item. ADJOURNMENT OF REDEVELOPMENTT AGENCY MEETING: At 7:45 P.M., Asency Mem~er Conn moved to adjourn the Redevelopment Agency portion of the meeting. Second by Chairperson Edwards. The motion was approved by unanimous vote. REGULAR CITY COUNCIL MEETING Councilmernber Epstein moved to add Agenda Items 6-N, 6-0, ll-K, 14-1, l4-J, 14-K, and 14-L. Second by Councilmember Conn. The motion was approved by unanimous vote. Discussion was held. There being no objection, the agenda was considered in the order that follows. 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. Councilmem~er Epstein moved to approve the Consent Calendar with the exception of Items 6-A, 6-D, 6-E, 6-H, 6-K, 6-L, 6-M, 6-N and 6-0, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 2 January 10, 1984 6-B: PROCLAMATIONS OF LOCAL EMERGE:NCY: Resolution No. 6797(CCS) entitled: HA RESOLUTION OF THE CITY cOUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-C: MINIATURE HORSES IN PET STORES: Ordinance No. 1293(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4107 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO HORSES, MULES, BURROWS AND JACKS," was adopted, having been introduced December 13, 1983. 6-F: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS: Resolution No. 6800(CCS) entitled: nA RESOLUTION OF THE CI~Y 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-84-55)," setting a Public Hearing for February 14, 1984, was adopted. 6-G: UNDERGROUND UTILITY DISTRICT: Resolution No. 6801 (CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING THE AREA BOUNDED BY COLORADO, BROADWAY AND THE PROPERTY LINES ON THE EAST AND WEST SIDES OF TWENTY-SIXTH STREET AN UNDERGROUND UTILITY DISTRICT, ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES THEREFROM, AND ORDERING THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES FOR SUPPLYING ELECTRIC, COMMUNICATION, AND SIMILAR OR ASSOCIATED SERVICE," setting a Public Hearing for February 14, 1984, was adopted. 6-1: GUTTER CONSTRUCTION AND STREET RESURFACING ASSESSMENTS: Resolution No. 6803(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A DATE TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR GUTTER INSTALLATION AND STREET RESURFACING ON SECOND STREET BETWEEN BROADWAY AND WILSHIRE AND 16TH STREET BETWEEN COLORADO AND 50 FEET SOUTH OF SOUTHERN PACIFIC RAILROAD. ALL WITHIN THE CITY OF SANTA MONICA," setting a Public Hearing for February 14, 1984, was adopted. 6-J: RUNNING RACE: A recommendation was approved authorizing the City Manager to negotiate and execute Contract No. 406l(CCS) with Puma Shoes/union Carbide to sponsor the Recreation and Park Department 1984 pier 5 and 10 K running race to be held April 15, 1984 and authorizing transfer of funds received to Westside Special Olympics END OF CONSENT CALENDAR 3 January 10, 1984 4-A: ARCHITECTURAL REVIEW BOARD MEMBER: Mayor Edwards commended outgoing Architecturai Review Board member Ronald G. Reimers for past service. A plaque will be delivered to Mr. Reimers who was not present. 4-B: BOARD/COMMISSION VACANCIES: A vacancy on the Electrical Board of Appeals was announced. - 4-C: SAND SCULPTURE: Presented was the request of Councilmember Zane to permit presentation by Todd Van der Pluyrn of a photograph of his sand sculpture. Mr. Todd Van der Pluyrn presented the city with two enlarged color photographs of his sand sculpture constructed on Santa Monica Beach between December 3 and 8, 1983, a Michelangelo replica, 12 feet tall, containing 50,000 pounds of sand. 5-A: APPROVAL OF MINUTES: Councilmember Jennin9s moved to approve the minutes of November 15, 1983 amended as follows: On page 2, beginning at the fourth line, it read: "Councilmembers...'; on page 9, a portion of Section 3, Prohibited Loans and Guarantees, be changed to read' ...loan money to or for the benefit of the Chief..."r further on page 2, second paragraph, Councilmember Zane's motion of amendment read as follows: Councilmember Zane moved an amendment to the main motion to delete from Bylaws Section ~authority which provides the ability to make loans to or for the benefit of the Chief Executive Officer for the purposes of procuring a residence." On page 7, the record is to reflect Councilmember Jennings reason for the negative vote. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Press, Reed and Zane Abstain: ~~rlliwa~s 5-B: CHILDBIRTH CENTER/1200 PICO BOULEVARD: Presented was a staff report recommending award of a contract to Ed Willens Construction Corporation in the amount of $39,080 for renovation of the Childbirth Center at 1200 Pica Boulevard, continued from December 13; 1983, Item 6-1. Mayor Edwards moved to approve the staff recommendation, thereby (1) allocating funds in the amount of $8,680 from the Community Development Block Grant Contingency fund account #19-200-262-000-774r (2) rejecting the bid of H. K. Robinson Construction Company due to lack of a bid bond: (3) awarding Contract No. 4060(CCS) for renovation of the Los Angeles Childbirth Center's Alternative Birthing Center to Ed Willens Construction Corporation, the lowest responsible bidder, in the amount of $42,980 (the full amount of the contract plus 4 January 10, 1984 contingencies) contingent upon HUD approval~ (4) authorizing the City Engineer to issue any change ~rders ~ecessary to co~plete the project to the extent of funds ava1lable 1n accordance wlth . . Administrative Instructions on Change Orders: and (5) authorlz1ng the City Manager to execute legal documents necessary to ensure that the facility is used to benefit low and moderate income residents and Latino families in Santa Monica. Second by councilmember Conn. Further discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed Councilmember Epstein requested the record to reflect his negative vote because, while this may be a worthy project, he believed there are other projects which should have a higher priority in City government. Councilrnember Reed requested the record to reflect that she does not approve of the City supporting a direct provision of medical care. 5-C: SALARY/CLASSIFICATION SPECIFICATIONS: Presented was a staff report transmitting a resolution establiShing a salary rate for the Assistant Director-Arts Commission and recommending approval of fifteen new and five revised classification specifications including fourteen new classification specifications to cover positions on the Rent Control Board and revisions in regard to the Crime Prevention Coordinator, E.D.P. Programmer, Parking Structure Attendant, Utilities Manager (retitlement of Enterprises Manager) and the Water Production and Treatment Plant Operator Trainee, continued from December 13, 1983 as Item 6-M. Councilmember Epstein moved to approve the staff recommendation thereby adopting Resolution No. 6795(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY FOR ASSISTANT DIRECTOR-ARTS COMMISSION," reading by title only and waiving further reading thereof, and approving fifteen new and five revised classification specifications as recommended in the staff report dated December 13, 1983. Second by Mayor Edwards. Discussion was held. Mayor Pro Tem~re Press moved an amendment to revise the category of Receptionist to Public Information Assistant. Second by Councilmember Reed. Discussion was held. The amendment was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmember Epstein 5 January 10, 1984 The motion, as amended, was approved by the following vote: Council Vote: Unanimously approved 7-0 5-D: SUBDIVISION ORDINANCE: Presented was a staff report transmitting an ordinance tor introduction and first reading . adopting a new subdivision ordinance for the City of Santa Mon1ca, continued from December 13. 1983, Item 8-A. Discussion was held. The Public Hearing was declared open at 8:49 P.M. by Mayor Edwards. There being no one present wishing to speak to the matter, Coancilmember E~stein moved to close the Public Hearing at 8:50 P.M. Second by Councilmember Reed. The motion was approved by unanimous vote. Mayor Edwards moved to approve the staff recommendation thereby introducing for first reading a new Subdivision Ordinance (Chapter 3 of Article IX of the Santa Monica Municipal Code). Second by Mayor Pro Tempore Press. Councilmember Reed moved an amendment on page 24 of the proposed ordinance, Section 9323, to amend the deadline for filing the tentative map for processing from thirty days to fifteen days. The amendment was included in the main motion by the maker and second. Councilmember ,Reed moved an amendment on page 30, last paragraph in section (2), revising the language which qualifies or specifically indicates that any such certification that the engineer is making has to do only with those requirements with Which an engineer is knowledgeable. She agreed with the suggestion of the City Attorney that it say "The certificate shall be in the form required by the Subdivision Map Act". The maker and second included the amendment in the main motion. Councilmember Reed moved an amendment on page 34, to delete "(h), Adjoining Properties", which is not required by the State Map Act. Discussion was held. The City Attorney agreed to the deletion and there was no objection from the maker and the second. Councilmember Reed moved an amendment on page 60, Section (b) defining the limits of a timely appeal by stating "Subject to an appeal within ten days of the date the tentative map is deemed approved." The maker and second included the amendment in the main motion. Counci~~embe~ Reed moved an amendment on page 64 to remove "interested persons" and insert the language that appears in the State Map Act Which says that any person adversely affected, including any tenant who is a resident on the property and including a member of the Planning Commission or City Council may file a complaint concerning appeal decisions. Second by Councilmember Epstein. Discussion was held. The amendment failed by the following vote: Council Vote: Affirmative: Councilmembers Epstein, Jennings and Reed 6 January la, 1984 Councilmembers Conn, Press, Zane and Mayor Edwards Councilmember Reed moved to amend, on page 70, Section (b) having to do with extensions requested by the subdivider. so that the application shall be filed not less than 40 days before the map is to expire (rather than 90 days as proposed). Second by Councilmember Epstein. During discussion, Councilmember Reed, with the consent of the second, amended the amending motion to provide that the application for extension be filed not less than 60 days before the map is to expire: further included in the motion is the City Attorney's recommendation that on page 71, subdivisions (c) and (e), it now read 30 days for Planning Commission action, the appeal date be changed to 10 days, and the City Council shall act upon the appeal within 20 days. The maker and second included the amendment in the main motion. The main motion, as amended, was approved by the following vote: Negative: Council Vote: Unanimously approved 7-0 Councilmember Jennin9s moved to direct staff to insure that a notation be included on the map that a condition of tentative tract maps in the future is that any request for extension must be filed at least 60 days prior to the date of expiration of the tentative tract map. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 5-E: PREFERENTIAL PARKING ZONES B AND C: Presented was a staff report recommending establishment of an annual permit fee of $15.00 for Preferential Parking Zone B (bounded by the northside of Ocean Park Boulevard, Wadsworth Avenue, Neilson and Barnard Ways) and Preferential Parking Zone C (bounded by Ocean Park Boulevard, Main Street, Third Street, and the south City limits). Councilmember Epstein moved to hear from members of the public for three minutes each. Second by Councilmernber Conn. The motion was approved by unanimous vote. Tony Haig spoke in opposition to reducing fees in Zone C which might result in non-parking storage uses of the parking spaces. James Sooranie, Heide Franke and Wayne Hall spoke to request alleviation of parking problems in the area. Discussion was held. COuncilmember Epstein moved to approve the staff recommendation thereby adopting Resolution No. 6796(CCS) entitled: "A RESOLUTOIN OF THE CITY OF SANTA MONICA ESTABLISHING THE PERMIT FEE FOR PREFERENTIAL PARKING ZONE C AT $15.00 PER YEAR," reading by title only and waiving further reading thereof, and instructing the City Attorney to prepare an ordinance to set the permit fee of Preferential Parking Zone B by resolution and to prepare a resolution setting the fee at $15.00 per year. Second by Councilmember Conn. The motion was approved by the following vote: 7 January 10, 1984 Council Vote: Unanimously approved 7-0 5-F: BOARD/COMMISSION APPLICATION FORM: Presented was a staff report recommending approval of a revised Board/Commission application form and adoption of a resolution permitting public review of a portion of the application, continued from December 13, 1983, Item II-E. Discussion was held. Councilmember Epstein moved to adopt the board/commission application form that is before the Council without the information below the line on the rear of the form. The motion failed for lack of a second. Councilmember Conn moved to request the City Clerk to prepare for Council review a revised City Board and Commission application form incorporating suggested revisions discussed as follows: return to the confidential section optional information regarding ethnicity, age and renter/owner status 1 add "sexual preference" to the list on the form and in the vacancy notice~ delete request of information regarding high school and college except to ask for the highest level of education and, if a college degree, the major1 consolidate the list of choices of boards and commissions and increase lines provided to indicate abilities Which qualify for membership and What is hoped to be accomplished if appointed. Second by Mayor Pro Tempore Press. The motion was approved by unanimous vote. 5-G: BOARD AND COMMISSION PROCEDURES: Presented was a staff report regarding administrative procedures for City Boards and Commissions" updating the staff report presented on September 20, 1983, continued from the joint meeting of Council, Board and Commission members on December 6, 1983, and from December 13, 1983. Councilmember E~stein moved to hear from members of the public for three minutes each. Second by Councilmember Conn. The motion was approved by unanimous vote. Inese Lacey, Patricia Hoffman and Barbara Jo Osborne, membes of the Commission on the Status of Women, spoke in opposition to the proposal of meeting only once a month with staff support. Coun~~~~ember Epst~in moved to approve the staff recommendation. thereby requiring advisory commissions to submit yearly workplans to the City Council and City Manager, such workplans and objectives due in late February of each year in conjunction with department budget submittals1 adopting the following guidelines related to the budgets of advisory commissions and Landmarks Commission: (a) Commissions to meet once a month with requests to meet on a regular basis more than once a month I made directly to Council~ (b) each commission be allocated $400 per i year for expenses (excluding staff time)~ (c) requests for budgets over $400 per year shall be made to the Council and submitted with proposed yearly workplans~ further that it would be appropriate for boards and commission who feel the need to meet with staff support ~ore.t~an ~nce a month to include in ~heir workplans a proposal and JUst1~lcatlon to that effect so that lt could be acted upon by Councll. The motion was duly seconded. Discussion was held. 8 January 10, 1984 councilmember Zane moved an amendment to support the proposal with the understanding that it be effectuated at the beginning o~ t~e next year budget cycle which is July 1, 1984~ and tha~ ~omm~ss10ns should be informed that any budget beyond $400 or add~t~onal staff beyond one meeting per month will need to be part of a cl7ar~y enunciated and justified work plan supported by the Counc~l 1n the budget at that time. Second by Mayor Pro Tempore Press. Further discussion was held. The amendment to the motion was approved by the following vote: Council Vote: Affirmative: Counci1members Conn, Epstein, Jennings, Press, Zane and Mayor Edwards Negative: Councilmember Reed The main motion, as amended, was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Esptein, Jennings, Reed, Zane and Mayor Edwards Negative: Mayor Pro Tempore Press Discussion was held and Councilmember Zane moved to consider agenda items in the following orner. There being no objection, the agenda was considered as follows. At 10:28 P.M., Councilmember Press moved to hold a recess. Second by Councilmember Reed. The Council reconvened at 10:35 P.M. with all members present as at the roll call. 6-A: APPROVAL OF MINUTES~ Continued to January 24, 1984. 6-D AND 6-E: BUSINESS AND PARKING IMPROVEMENT AREAS/MAIN STREET AND LINCOLN BOULEVARD: Presented were staff reports transmitting resolutions of intention to establish Parking and Business Improvement Areas on Main Street and Lincoln Boulevard and setting Public Hearings on February 14, 1984. Councilmember Epstein introduced discussion regarding naming of Chamber of Commerce as the administrative body. Councilmemnber Epstein moved to hear from the public for three minutes each. Second by Councilmember Zane. The motion was approved by unanimous vote. Joe Miko, President, Santa Monica Area Chamber of Commerce spoke to clarify that the fee was meant to be a combined 10% for the two districts; collection date has not yet been named, preferably April and November to coincide with existing collection dates~ and requesting naming of the Chamber as the administrative body for the fees. Counci1member pstein moved, in regard to Item 6-D, to adopt Resolution No. January 10, 1984 6798(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA IN THE MAIN STREET AREA, TO PROVIDE FOR THE LEVY OF AN ASSESSMENT THEREIN, AND SETTING THE TIME AND PLACE OF HEARING TO CONSIDER THE ESTABLISHMENT OF SUCH AREA," reading by title only and waiving further reading thereof, amended by deletion on page 3 of Section C. regarding assessment to be increased by the consumer Price Indexr further it is the intent of the Council, to the extent that it can be done consistent with state law, to have the Chamber of Commerce administer the program. Second by Councilmember Reed. Included in the motion were related changes indicated by the City Attorney: Page 3, Section A, last sentence, strike "adjusted as provided below"; the same in Section Br further, that there be added to Section 4 the words "that ! participate in a selection procedure approved by the City" so that it is clear that a majority is needed only of those people that vote in the selection procedure. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilrnernber Reed moved, in regard to Item 6-E, to adopt Resolution No. 6799{CCS) entitled: lOA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA ON LINCOLN BOULEVARD, TO PROVIDE FOR THE LEVY OF AN ASSESSMENT THEREIN, AND SETTING THE TIME AND PLACE OF HEARING TO CONSIDER THE ESTABLISHMENT OF SUCH AREA," reading by title only and waiving further reading thereof, with the same language changes as were made for 6-D. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-H: GUTTERS AND STRE~T RESURFACING: Presented was a staff report transmitting a resolution setting a Public Hearing for February 14, 1984 on the construction of concrete gutters and street resurfacing on various City streets. Councilmember Epstein introduced discussion in regard to procedural matters. Councilmember Epstein moved to adopt Resolution No. 6802{CCS) entitled: "A RESOLUTION OF ~ITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE TO PROPERTY OWNERS TO CONSTRUCT GUTTERS AND TO RESURFACE ~RIOUS CITY STREETS IN CONJUNCTION WITH THE 1983-84 STREET RESURFACING PROGRAM," reading by title only and waiving further reading thereof, setting a hearing for February 14, 1984. Second by Councilmember Conn. The motion was approved by the following vote: 10 January 10, 1984 Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Press, Reed and Mayor Edwards Abstain: Councilmember Zane Mayor Edwards moved to continue discussions past 11:00 P.M. Second by Counci1member Conn. The motion was approved by unanimous vote. 6-K: WEED ABATEMENT: Presented was a staff report transmitting a resolution setting a Public Hearing for March 13, 1984 regarding annual weed abatement, rubbish and refuse removal and recommending solicitation of bids from private contractors to accomplish removal. Mayor Pro Tempore Press introduced discussion in regard to contracting out for weed removal rather than use of City staff. Councilmember Epstein moved to approve the staff recommendation, thereby adopting Resolution No. 6804(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING CERTAIN WEEDS GROWING UPON CERTAIN LANDS WITHIN THE CITY OF SANTA MONICA TO BE A PUBLIC NUISANCE," reading by title only and waiving further reading thereof, setting a Public Hearing for March 13, 1984~ and authorizing soliciting of bids to have the work accomplished by private contractor. Second by Mayor Pro Tempore Press. The motion was apparoved by the following vote: Council Vote: Affirmative: Counci1members Conn, Epstein, Jennings, Reed and Mayor Edwards Negative: Mayor Pro Tempore Press and Zane 6-L: OCEAN PARK BRANCH LIBRARY MODIFICATIONS: Presented was a staff report recommending approval of a professional services agreement for Ocean Park Branch Library modifications. Counci1member Epstein introduced discussion in regard to hold harmless and waiver of subrogation clauses in architectural contracts. cou~ci1member Epstein moved to approve the staff recommendation thereby authorizing the City Manager to execute professional services agreement Contract No. 4062(CCS) with W. Gayle Daniel, Architect, Inc., for required architecutra1 and engineering services for Ocean Park Branch Library modifications in the amount of $74,000. Second by Mayor Edwards. The motion was approved by the fallowing vote: Council Vote: Unanimously approved 7-0 Councilmember E~stein moved to request a staff report at the second meeting in February in regard to waiver of subrogation and hold harmless clauses in the City's architectural and related contracts in general. Second by Councilmember Reed. Discussion was held. The motion failed by the following vote: 11 January 10, 1984 Council Vote; Affirmative; Councilmembers Epstein, Jennings, and Reed Councilmembrs Conn, Press, Zane and Mayor Edwards 6~M: LANDSCAPE MAINTENANCE; Presented was a staff report recommending award of bid to furnish maintenance of landscaping throughout the City (libraries, medians, parking structures, parks, etc.). Councilmember Zane introduced discussion in regard to contracting out rather than having the work being done by staff. COunci1member Reed moved to award Bid No. 1878 to California Landscape Maintenance, Inc., in the amount of $54.000 to furnish landscape maintenance throughout the City for the period from January 1, 1984 through December 31, 1984, plus two additional one-year options and approving appropriation authority in Account Number 01-500-415-000-691 for $4,800 and Account Number 01-700-695-000-691 for ($4,800). Second by Councilmember Conn. The motion was approved by the following vote; Negative; Council Vote; Affirmative; Councilmembers Conn, Epstein, Jennings, Reed and Mayor Edwards Negative; councilmembers Press and Zane 6-N; STATE MANDATED PROGRAMS: presented was a staff report recommending adoption of a position of support of Assembly Constutional Amendment 35 which limits a local jurisdiction's responsibility to carry out state-mandated programs which are not supported by state funds. Councilmember Reed moved to approve the staff recommendation taking-a--pcisition of support for ACA 35 and instructing the City Manager to work with the City's Legislative advocate to represent this position to the State Legislature. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote; Unanimously approved 7-0 6-0; DEVELOPMENT REVIEW/USE PERMIT!730 SANTA MONICA BOULE~RD: Presented was a staff report 'recommending adoption of findings and decision regarding construction of a self service gas station and snack shop at 731 Santa Monica Boulevard. Counci1member Zane introduced discussion regarding additional conditions, related to parking problems, location of bathroom. and hours of operation. Councilmemb~r Reed moved to approve the staff recommendation thereby adopting the findings of fact listed in the staff report ,dated January 10, 1984 and approving Development Review 172 and Use I'permit 349 for construction of a self-service gas station and snack ,shop at 731 Santa Monica Boulevard, subject to the following 12 January 10, 1984 conditions: (1) no alcoholic beverages shall be sold or dispensed at the subject project, and (2) the existing underground storage tanks and pipes must be removed prior to the commencement of construction of the proposed development project and all new underground storage tanks shall comply with all applicabl~ laws including Ordinance No. 1291(CCS); upon advice from the C1ty Attorney that additional conditions would require mailed notice to the applicant, Councilmember Reed deleted from the motion a proposed condition that the entrance ways of restrooms accessible to the public be visible to the employees either by video camera or by line of sight for security. Second by Councilmember Conn. The motion was approved by the followwing vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Press, Reed and Mayor Edwards Negative: Councilmember Zane 8-A: ESTABLISHING A PURCHASING DIVISION: Continued to January 17, 1984. 8-B: ESTABLISHING PREFERENTIAL PARKING ZONE A ON VICENTE TERRACE: tContinued to January 17, 1984. : II-A: Considered later in the meeting. Il-B: HOUSING DIVISION STAFF: Presented was a staff report recommending approval of a staff plan for the Housing Division, Department of Community and Economic Developmentr classification specification and salary resolution for Housing Rehabilitation Specialistr and appropriation of $28,000 for staffing costs. Member of the public, Ventura Hernandez, Vice Chairperson, Housing Commission, spoke in support of the staff recommendation. Councilmember Conn moved to approve the staff recommendation. Second by Mayor Pro TemPore Press. The motion was voted upon in parts as requested by Councilmembers Epstein and Reed. The vote was called in regard to the first part of Councilrnember Conn's motion to approve the classification specification for Housing Rehabilitation Specialist for the Housing Division of the ,Department of Community and Economic Development and adopt iResolution No. 6806(CCS) entitled: "A RESOLUTION OF THE CITY 'COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE SALARY FOR THE POSITION OF HOUSING REHABILITATION SPECIALIST," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards 13 January 10, 1984 Abstain: Councilmember Epstein The vote was called in regard to the second part of Councilmember COnn's motion to authorize two new positions in the Housing Division (Senior Administrative Analyst and Housing Rehabilitation Specialist). Second by Mayor Pro Tempore Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed Discussion was held in regard to the third part of Councilmember COnn's motion to approve an appropriation of $28,000 for staffing costs. Councilmember Jennings moved to table the third part of the motion to the first meeting in February, 1984. Second by COuncilmember Epstein. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Epstein, Jennings, and Reed Negative: Councilmembers Conn, Press, Zane and Mayor Edwards Discussion was held. Councilmember Conn moved to approve an amendment to the third part of the motion to transfer $28,000 from the non-departmental salary account for Housing Division staffing costs. Second by Mayor Pro Tempore Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, press, Zane and Mayor Edwards Negative: Councilmembers Jennings and Reed The vote was called on the main motion to approve an appropriation of $28,000 amended to be transferred from unappropriated non-departmental funds rather than from General Fund Reserves. Second by Mayor Pro Tempore Press. The motion failed by the following vote (five affirmative votes required for approval of an appropriation): Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein, Jennings and Reed 14 January 10, 1984 Councilmember Zane moved to continue the matter of the appropriation until mid~year budget review. Second by Councilmember Jennings. The motion was approved by unanimous vote. Il-C: CITY ATTORNEY EMPLOYEES: Continued to January 24, 1984. ll-D: Considered later in the meeting. ll-E: AFFIRMATIVE ACTION PROGRAM: Continued to January 17, 1984. ll-F: PIER/CAROUSEL FILM AND USER FEES: Cotninued to January 17, 1984. ll-G: PIER LEASES: Presented was a staff report recommending approval to extend existing month-to-month Pier leases to two year terms, subject to renegotiaiton of certain terms and rates, and directing staff to forward the current draft lease documents to the Pier Restoration Corporation. Discussion was held. Councilmember Epstein moved to hear from members of the public for three minutes. Second by Councilmember Conn. The motion was approved by a vote of six in favor, Councilmember Press opposed. Harold Kleinman, President, Santa Monica Pier Lessees Association, spoke in favor of the staff recommendation. councilmember E~stein moved to approve the staff recommendation thereby directing the City Manager to extend all month-to-month leases, which are current as certified by the Director of Community and Economic Development, to two year leases with individual tenant renegotiation of lease rate, terms of public liability, and prohibition against transfer: staff to return to Council for approval of individual leases as negotiations are completed: further that the standard Pier Lease form transmitted with the staff report dated January 10, 1984, be forwarded to the Pier Restoration Corporation for their review and comment. Second by Counci1member Conn. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Reed requested the record to reflect her statement of concurrence with the City Manager's indication of his direction with regard to the modification of the lease transfer clause. ll-H: Considered later in the meeting. 11-1: COUNCIL SALARIES: Continued to January 24, 1984. ll-J: CITY ELECTION COSTS AND ~ROCEDURES: Continued to January 124, 1984. I ll-K; 1984-85 BUDGET GUIDELINES AND CALENDAR: Continued to : January 17, 1984. ! 15 January 10, 1984 11-L: Considered later in the meeting. 12-A: MINI-MART AND RETAIL STORE AT 2222 LINCOLN BOULEVARD: (City Attorney Myers departed at 12:05 A.M.) Presented was a staff report recommending denial of Interim Development Permit No. 146 for construction of a Mini-Mart and Retail Store at 2222 Lincoln Boulevard, submitted by applicant/appellant T. W. Layman, (which appeal was denied by the Council August 9, 1983 because the appellant was not present) and referred back to the Planning Commission for their review. Discussion was held. Paul pensig, Attorney for the appellant, spoke in regard to the lack of notice of their previous appeal and described changes proposed from the original project. Geoffrey Gilbert-Hamerling spoke generally in support of the proposal with parking on the street side of the building. Michael Perelmuter spoke in general support requesting parking in front of the building. Sol Chase spoke in opposition to the prOJect because of increased traffic, parking problems and potential for crime. Mary Davis spoke in opposition in that it would add to the traffic and parking problems and proliferation of restaurants and alcoholic outlets in the area. Jeff Ruiz spoke in opposition for reasons expressed by previous speakers. Joyce Roberts spoke in favor of placing the parking lot in front of establishment for the safety of the adjacent residential neighborhood and urged traffic and hours of operation be kept to a minimum. Matilda Ruiz spoke generally in , support to the proposal as presented, but reiterated the already i present parking problem in the area. Discussion was held. Mayor Edwards moved to deny without prejudice and remand the matter to the Planning Commission with the statement that the Council does not favor parking in the back of the building, and to request the Clerk to provide an extract of remarks made for the City Planning I Commission, transmitting concerns received in the packet from groups in the community. Second by Councilmember Reed. Discussion : was held. The motion was approved by the following vote: I Council Vote: Affirmat1ve; Conn, Epstein, Jennings, Press, i Reed and Mayor Edwards I , ; I City Attorney Myers returned to the dias. ,12-B: UNITED TRANSPORTATION UNION BARGAINING UNIT: Presented was a :lst~ffrepOrt transmitting an -appeal by the United Transportation IUn10n from the determination of the Municipal Employee Relations ; Officer regarding United Transportation Union petition for recognition as a bargaining unit. Charles E. Clark, officer, of Negative: Caunci1member Zane 16 January 10, 1984 Local 1785, spoke in support of the petition and appeal. Discussion was held. Councilmember E~stein moved to uphold the decision of the Municipal Employee Relations Officer that the maintenance personnel of the Transportation Department do not constitute an appropriate unit with Motor Coach Operators under Ordinance No. 80l(CCS) and to adopt the findings as stated in thhe staff report dated January 10, 1984. Second by Councilmember Conn. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Reed, Zane and Mayor Edwards Negative: Mayor Pro Tempore Press 13-A: TRAFFIC AT COLORADO AND IDAHO AVENUES: Presented was the request of Bradley Seto to address Council regarding traffic conditions near Colorado and Idaho Avenues. Mr. Seto spoke in regard to traffic safety needs and presented a petition signed by residents of the area recommending traffic changes in the Idaho/Colorado intersection neighborhood. Discussion was held. COuncilmember Epstein moved to direct staff to review the concerns expressed by Mr. Seto in the petition and report to Council at an appropriate time (the second meeting in March), staff to review the traffic situation and the reference to bus travel and to consult with the appropriate agencies in the City of Los Angeles if necessary. Second by Mayor Edwards. The motion was approved by unanimous vote. 13-B: RESIDENTIAL AREA NOISE: Presented was the request of Renee Ellis to address Council regarding an ordinance amendment to permit carpentry noise at residences on Sundays. Renee Ellis spoke requesting support of her request to be permitted to do carpentry work at her residence on Sundays. Discussion was held. Ms. Ellis was referred to the City Attorney's mediation service to consider working out a compromise in the neighborhood. 13-C: PROPOSED LOW/MODERATE HOUSING ON ELEVENTH STREET: Presented was the request of Fred 'Allingham, Executive Director, Pico Neighborhood Association, to address Council regarding December 13th meeting public hearing testimony on proposed housing on Eleventh Street. Counci1rnem~er Epst~in moved to continue the matter to January 17, 1984, as requested by Mr. Allingham. The motion was duly seconded and approved by unanimous vote. 14-A: Considered later in the meeting. 14-B: COMMISSION ON STATUS OF WOMEN: Continued to February 14, 1984. 17 January 10, 1984 l4-C: LOW AND MODERTE HOUSING AGREEMENT INFORMATION: Considered at Item RAjCC-l. l4-D: SAND SCULPTURE: Considered as Item 4-C. l4-E: Considered later in the meeting. 14~F: SANTA MONICA RENT CONTROL BOARD ANNUAL REPORT: Continued to January 24, 1984. 14-G: RENT CONTROL BOARD BUDGET: Continued to January 24, 1984. 14-H: IMMIGRATION AND NATURALIZATION SERVICE ACTIVITY IN SANTA MONICA: Continued to January 17, 1984. 14-1: ANTI-CRIME GANN OVERRIDE (PROPOSITION A): Continued to January 17, 1984. l4-J: APPROv.AL FOR USE OF TRAVEL FUNDS: Withdrawn at the request of Councilmember Jennings. l4-K: RENTER PETITIONS FOR STREET LIGHTING: continued to January 17; 1984. l4-L: LIQUOR LICENSE POLICY: Continued to January 17, 1984. II-A: PIER REPAIR: Presented was the staff report recommending adoption of a resolution waiving competive bidding procedures and award of contract to John L. Meek Company in the amount of $238,000 for emergency pier repair. Councilmembr Zane moved to adopt Resolution No. 6805(CCS) entitred: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING COMPETITIVE BIDDING PROCEDURES AND AUTHORIZING CONTRACT WITH JOHN L. MEEK COMPANY FOR EMERGENCY REPAIRS TO THE SANTA MONICA PIER," reading by title only and waiving further reading thereof, and to approve Contract No. 4063(CCS) to John L. Meek Company in the amount of $238,000 for emergency remedial work on areas of Santa Monica Pier. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Counci~member Zane moved to approve an increased appropriation in the Capital Project Account by $155,670 and authorize a transfer of $155,670 from the Capital Improvement Fund to the Pier Fund. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 18 January 10. 1984 ll-D: PIER RESTORATION AND OPERATION: Presented was a staff report recommending that the City Manager be authorized to execute an Interim Agreement with the Pier Restoration Corporation for restoration and operation of Santa Monica Pier. Discussion was held. Councilmember Epstein moved to approve the staff recommendation thereby authorizing the City Manager to execute Contract No. 4064(CCS) with the Pier Restoration Corporation, being an Interim Agreement for the development of a general plan and contract for restoration and operation of Santa Monica Pier. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Il-H: LIFEGUARD SERVICE: Presented was a staff report recommending that the City Manager to authorized to execute a contract with the County of Los Angeles for lifeguard service and approval of an increase in appropriation in amount of $111,500. (Councilmember Zane departed). Councilmember Conn moved to approve the staff recommendation thereby authorizing the City Manager to execute Contract No. 4065(CCS), an agreement for lifeguard service with the County of Los Angeles, and approve an increased i appropriation of $111,500. Second by Mayor Edwards. The motion I :::n:::r::::'"'U:::i::::::'::,::::: 6-0 I Absent: Councilmember Zane I i (Councilmember Zane returned to the dias.) 14-A: SOCIAL SERVICES COMMISSION: Presented was appointment of a member to fill a vacancy on the Social Services Commission. Mayor Edwards declared nominations opened. Councilmember Epstein nominated Geri Jean wilson. Mayor Edwards nominated Sister Marilyn T. Rudy. Councilmember Conn moved to close the nominations. Second by Councilmember Epstein. The motion was approved by unanimous vote. The vote on the nominations was as follows: Marilyn T. Rudy: councilmembers Conn, Press and Mayor Edwards Geri Jean Wilson: Councilmembers Epstein, Jennings, Reed and Zane Therefore, Geri Jean Wilson was appointed to the Social Services Commission for a term expiring June 30, 1985. 14-E: USE OF CIVIC AUDITORIUM EAST ROOM: Presented was the request of Councilmember Epstein to discuss waiving fee for use of 19 January 10, 1984 Santa Monica Civic Auditorium East Room on April 14, 1984. Councilmember Epstein moved to waive the fee for use of the Santa MOnica Civic Auditorium East Room on April 14, 1984, for the Second Annual Health Fair sponsored by the Latino Resource Organization. Second by Mayor Edwards. The motion was approved by the fOllowing vote: Council Vote: Unanimously approved 7-0 ll-L: CLOSED SESSION: Presented was a request for Closed Session to discuss pending litigation and personnel matters. At 1:46 A.M., ! councilmember Epstein moved to adJourn to Closed Session for the requested purposes. Second by Mayor Edwards. The motion was approved by unanimous vote. Council Reconvened at 2:20 A.M. with the following members present: Councilmembers Epstein, Jennings, Press, Reed, Zane and Mayor Edwards. councilmember Jennings moved to approve the settlement in the case of Gross.va. the of Santa - Monica, WEC 77186, in the amount of $3,000. Second by Councilmember Epstein. The motion was approved by the following vote: council Vote: Unanimously approved 6-0 Absent: Councilmember Conn Council~ember Jennin~s move~ to approve the settlement of Stark vs. City of Santa Monica, WEC 801805 in the amount of $4,500. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Conn Counci1member Epstein m~ved to approve settlement of Shendberg vs. City of Santa Monica, WEC 073428 in the amount of $22,000. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Conn ADJOURNM~NT: At 2:25 A.M., Cou~~~lmember Epstein moved to adjourn the meet~ng to 7:30 P.M., Tuesday, January 17, 1984; adjournment to be in memory of long-time Santa Monica residents Peter Cole Grant a~d Staisie Bembnowski; Dennis Wilson, Beach Boys drummer; and Vlncent Fantauzzo, former Santa Monica Housing Commissioner. Second by Mayor Edwards. The motion was approved by the following vote: 20 January 10, 1984 Council Vote: Unanimously approved 6-0 Absent: Councilmember Conn ATTEST: ~~ Ken Edwa~L-t5 Mayor ;) 77~. !I.f~", "'>"'No_ l-v'-'~- \. 'Lc-II./ ------ Ann M. Shore City Clerk 21 January 10, 1984