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M-1/24/1978 CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS . January 24, 1978 A regular meetlng of the Santa Monica City Council was called to order at 7:32 P.~l. by Mayor Donna O'Brien Swink who led the assemblage in the pledge of allegiance to the United States of Amerlca. Mayor SWlnk then introduced Reverend Donald J. Shelby, First Methodist Church, who offered the invocation. Roll Call: Present: Mayor Donna O'Brien Swink Mayor Pro Tempore Seymour Cohen Councilmember John J. Bambrick Councllmember Christlne Reed Councilmember Perry Scott Councilmember Nathanlel Trives (departed at 8:10 P.M.) City Manager James D. Willlams Citv Attorney Rlchard Knickerbocker Clty Clerk Joyce Snider Absent: Councllmember van den Steenhoven Councllmember Triyes requested that Agenda Item 11-1 be heard at this time and asked that he be excused after consideration of that item. . Agenda Item II-I: Presented at this tlme was the request of the City Manager and the City Attorney for an executlve seSSlon for the purpose of diSCUSSIng pending litigatlon. At 7:37 P.M. Councilmember Scott moved to recess to executlve session for purposes of discussing 'pending litigation. Secor-d by Councilmember Trlves. Council Vote: Affirmative: Councllmembers Bambrick, Cohen, Reed, Scott, Trives, SWlnk Negative: None Absent: Councilmember van den Steenhoven . The Council reconvened at 8:04 P.M.. with Councilmember van den Steenhoven absent. Clty Manager Williams reported the following condltions of the settlement of the law SUlt Vitale and Gilpin versus All Persons Interested in the Matter of the Downtown Redevelopment Project In the Clty of Santa Monica, which conditions pertain only after the proJect lS under construc- tlon: The City shall apply to housing rehabllltatlon in the City twenty percent of the excess increment for a period of thirty years resulting from project construction; provide two pocket parks In the Clty, one at Broadway and Park Place and the other at Cloverfield between Santa Monica Boulevard and Broadway; establish ten refuse recycling deposltories scattered throughout the Clty; allocate $600,000 from the current year Conm~,ity Development Block Grant funds for use in houslng rehabilitatlon In the City; set aSlde $50,000 to be expended over a five-year period for chIld care purposes within the CIty; set aside $50,000 to be expended over a fIve-year period for the l\"omen's Shelter wlthu, the (lty andma..ke best ef- forts to obtain three CETA progrmn personnel to assist in the Women', s Shelter ftmction. COllncilmember Trives moved to authorize the CIty ;.Ianager to execute the a~greement, Contract ~o. 2453 ((CS), In settlement of the law suit Vitale and Gllpln versus All Persons Interested in the Matter of the Downtown Redevelopment ProJect in the CIty of Santa Monica as outlined by City Manager Williams for the pur,ose of movlng forward with the Downtown Redevelopment Project. Second by Councilmember Bambrick. The Council discussed the costs and beneflts of the settlement, the City's current commitment by prevlous actions to the same areas of social concern as addressed by the settlement, and the offer of co-developer Rouse Co. to assume $100,000 of the obligation. The motlon was approved on the follow- ing vote: . 285 Contract 2453 Gllpin, Vhale, City of Santa Monica and Redevelopment Agency ZB6 Plaque presented to Frank L. Jamison, Jr. Personnel Board DiSCUSSlon regardlng committees for admln- istratlve functions contlnued to February 14, 1978 Presentation regardlng water savings program presented by Santa ~bnica Jaycees City membership In the Independent Clties Association approved Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Reed, Tri ves, S\"lnk !'Jegatl.ve: Councilmember Scott Absent: Councllmember van den Steenhoven Councilmember TrIves was excused from the meeting at 8:10 P.M. . Agenda Item 4-A: Mayor SWInk presented a plaque of appreciatlon to out- gOlng Personnel Board member Frank L. Jamlson, Jr., for his service to the Councll and the community. Councilmembcr Reed moved to bring forward Agenda Items l3-B and l2-A for discussion lmmediately following Agenda Item 5-A. Second by Mayor Pro Tempore Cohen. Council Vote: Unanimously approved 5-0 Absent: Councilmembers Trlves, van den Steenhoven Councllmember Bambrlck moved to bring forward Agenda Item l3-A for discussion immedIately following Agenda Items l3-B and l2-A. Second by ~ayor Pro Tempore Cohen. Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Swink Negative: Coancllmembers Reed, Scott Absent: Councilmembers Trives and van den Steenhoven Agenda Item 5-A: Presented at this time was the request of Councilmember Scott for discusslon regarding committees for administrative functions whlch had been held over from the Clty Councll meeting of January 10, 1978. Councilmember Scott requested that the matter be held over until the next meeting so that Councllmember van den Steenhoven could particl- pate in the discusslon. With the consent of the Council ~ayor SWlnk ordered Agenda Item 5-A contlnued to the City Council meeting to be held February 14, 1978. . Agenda Item 13-B: Presented at this time was the request of ~ayor Swink for a presentation regarding the water savlngs program by the Santa Monica Jaycees. John L. Kingsley, President of the Santa ~onica Jaycees, presented a resolution of speclal recognition commending the City for outstanding serVIce In the conservation of water during California's recent drought, and presented certificates of merit to City employees Edward Lash, Devon Bates, and Richard Fuller for thelr accomplishments in thls program. ~ayor Swink accepted the resolutlon on behalf of the City Council and expressed appreciation to the citizens of the City for their achievements In regard to water conservatlon. Agenda Item l2-A: Presented at this tlme was the request of Independent CltIes of Los Angeles County to address the Council regarding City member- ship in that assoclatlon. Blake Sanborn, PreSIdent of Independent Cities of Los Angeles County, sollcited Santa Monlca's involvement in their organizatlon which is designed to further the cause of independent clties wlthin the county structure and described thelr efforts to impact legis- lation. City ~anager Wllliams said that the CIty discontinued membership In this organlzatlon three years ago because it was felt they dld not give aSSIstance, particularly in regard to legislatlon. ~r. WIlliams saId staff now believes the organlzation could assist in terms of legislatlon relating to transportatlon, and the bus system In particular. ~ayor Pro Tempore Cohen moved to join the Independent Cities of Los Angeles County and pay membership dues of $400 for the balance of the 1977-78 flscal year and $800 for the 1978-79 flscal year, funds to be appropriated from unappropriated reserves of the General Fund. Second by Councllmember Reed. . Council Vote: Unanimously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven . . . . . Agenda Item I3-A: Presented at this tlme was the request of Councilmember Bambrlck to discuss treatment of stray animals at the Santa Monica Animal Shelter. Councllmember Bambrick moved to grant the requests of the publlc to address the Council. Second by Councllmember Scott. After discussion regarding the number of people who had requested to speak, Councilmember Bambrlck, with the consent of the second, included in his motlon the provlslon that speakers be limited to three minutes each. Council Vote: Unanimously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven The following persons spoke in favor of dlsposin~ of stray and deceased animals by lnjection rather than by use of the decompression chamber: Mary Lee Bordelon, Dr. Patricia Hayes, ,.ho volunteered her services [or that program, Warren Harrison, Vlrginia Dailey, Alma Osolin, Dr. William Farber, Dr. Walter HolLon, Ruth lVeddle, and Alice Grant. Discussion ensued In regard to the possiblllty of having sodlum phenobarbltal lnjections admlnlstered by a licensed techniclan acting under the supervislon of a Doctor of Veterinarian Medlcine and using veterinarians to assist on a volunteer basis In the lnterim. Councilmember Bambrick moved that the matter be referred to staff for analysis, that the staff contact the Pasadena Humane Society, the San Gabrlel Valley Humane Society, and the County Anlmal Shelter in Baldwin Park to determlne their reasons for dlscontinulng the use of decompres- Slon chambers, and report back to the Council. Second by Councllmember Scott. Councllmember Reed requested that staff also research the matter of using llcensed technicians to adminlster the injectlons and look into the feasiblllty of the involvement of veterinarians who are willing to cooperate with the City on a volunteer basis to supervise the drug injec- tion as well as using City personnel as licensed technicians. Clty Manager Wllllams urged residents to llcense and tag thelr animals to asslst the City in locating their owners. The motlon to refer the matter to staff for analysls and report was approved by the followlng vote: Counci 1 Vote: Unanimously approved 5 - 0 Absent: Councllnembers Trives, van den Steenhoven Councilmember Reed requested that Agenda Item ll-A be dlscussed at thls time, and Councll~ember Scott requested that Agenda Item 8-D be dis- cussed after Agenda Item II-A. Wlth the consent of Council Mayor Swink so ordered. Agenda Item II-A: Presented at thls tlme was a recommendation for approval of hiring Kammayer, Lynch & Partners as landscape architect for Clover Park, authorizatlon for City Manager to execute contract document and Council action on the size of the park. Clty Manager Willlams outlined the staff recommendatlon for hiring of the landscape architect In an amount not to exceed 520,120 for development of a ~aster Plan for Clover Park and said the estimated costs of increasing the park by an additional 7.7 acres would be $50,000 to $60,000 for development purposes and $7,000 per acre per year for maintenance. He said the prOjected revenue is $17,000 per acre per year if the property is leased for office and industrlal uses. Mr. Williams sald It is staff's oplnion that the prevlously recommended 14 acres would supply the mlnimum needs for park service In that area. PubllC participation was allowed at this point and Councilmember Reed moved to limit each speaker to three mlnutes. Second by ~ayor Pro Tempore Cohen. COURCll Vote: Unanlmously approved 5-0 Absent: Councllmernbers Trives, van den Steenhoven The following persons spoke in support of adding to the size of Clover Park: Sara Pringle, Ken Pringle, Jim Hoyt, ~adine Mettler, Helen ~yerson, Jill Nester, Luci Ziegert, Linda Lesslng, Karen Aplln, Lillian Abelson, Geraldine Kennedy, Donna Lee, Peter Kennedy, Shella McLendon, Frank Hotchkiss and Rlta Augustine. -~ 287 Staff to report regarding a program for destructlon of stray animals by injectlon Contract 2451 Kammayer, Lynch & Partners as landscape ardn tects for Clover Park; park size to be 14.2 acres 288 Ordinance 1076 prohibits touch-and- go, stop-and-go, and lmo/ approach opera- hons during weekends and holidays at the Santa M:Jnlca Airport Louise A. Kosko presented a petitlon on street lightmg near Santa M:mica College Mlke McGregor spoke ln oppositlon to extendlng the park size and 1n support of providing some industr1al uses on the site. Mayor Pro Tempore Cohen moved to approve the staff recommendation for a 14 acre park. After discussion Mayor Pro Tempore Cohen .,ithdrew his motion. After discussion regarding the financial feaslb1lity of acqu1ring . the additional acreage, Councilmember Reed moved to authorlze the addltlon of 7.7 acres to the Clover Park Mas'te.r Plan and development of the park when financially feasible. Second by Councilmember Bambrick, Discussion ensued regardlng park needs in the City, costs related to an increased park S1ze, and the possibility of Santa Monica City College shar1ng in the maintenance costs of some of the park space. The mot10n to increase the park size falled on the following vote: Council Vote: Afflrmatlve: Councilmember Reed Negative: Councilmembers Bambrick, Cohen, Scott and Mayor Swink Absent: Councllmembers Tri ves, van den Steenhoven Mayor Pro Tempore, Cohe,n moved to approve the hi ring of Kammayer, Lynch & Partners as landscape architects for the development of Clover Park, by Contract No. 245l(CCS) in an amount not to exceed $20,120. Second by Councllmember Reed. Councll Vote: Affirmative: Councilmembers Bambrick, Cohen, Reed, Swink :.iegative: Councilmember Scott . Absent: Councilmembers Trl ves, van den Steen.lJ.oven Agenda Item 8-D. Presented at th1s t1me was an ordinance for adoption addlng Sect10n 10111C to the Munic1pal Code prohibiting touch-and-go, stop-and-go, and low approach operations during weekends and holldays at the Santa Monica Airport. Councllmember Scott moved to adopt Ordinance No. 1076(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF S~~TA MONICA ADDING SECTION 10111C TO THE SANTA MONICA MU:.iICIPAL CODE PROHIBITING TOUCH-~~D-GO, STOP-AND-GO, AND LOW APPROACH OPERATIONS DURING THE WEEKEND AND CERTAIN HOLIDAYS". reading by tltle only and walving further reading thereof. Second by Councilmember Reed. Councll Vote: Affirmative: Councilmembers Bambrick, Reed, Scott, Swink Negative: Councilmember Cohen Absent: Counci lmembers Trl ves, van den Steenhoven A recess was taken at 10:03 P.M. The Councll reconvened at 10:12 P.M. wlth Councllmembers Trives and van den Steenhoven absent. Mayor Swink was temporarily excused and Mayor Pro Tempore Cohen conducted the meeting in her absence. Councllmember Reed requested that Agenda Item l2-B be . discussed at thlS time. It was so ordered by Mayor Pro Tempore Cohen wlth consent of Councll. Agenda Item l2-B: Presented at this tlme was the request of Lou1se A. Kosko to present a petition on the subject of street lighting ln the vIclnlty of Santa Monica College. Louise Kosko, Klm Anno, and Sandy Flanders presented a petitlon containing 300 signatures on behalf of a student group formed to provide safe lightlng on and around the Santa Monlca Community College campus. D1Scussion ensued In regard to City POllCY for particIpatlon In a special lighting assessment district if there is majOrIty nelghborhood support, and the economic effect of a street lIghting program, as well as the parking problem resulting to abuttlng property owners from lnsufficient on-campus parklng space. During dlScussIon, Mayor Swink r2turned to the Clty Councll meet1ng. . Councilmember Scott moved that the staff be instructed to prepare a formal petition for the sponsors to use in the ne1ghborhood to attempt to acquire the f1fty percent support required for an assessment district. Second by Councilmember Reed. Council Vote: Afflrmative: Councllmembers Bambrick, Reed, Scott . Negative: Absent: . . . Councilmember Cohen Counc1lmembers Tr1ves, van den Steenhoven Abstain: Mayor SW1nk Consent Calendar: The Consent Calendar was presented by the C1ty Clerk after whlch Council- member Reed moved to approve the Consent Calendar, wlth the exception of Agenda Items 6-F; 6-G, 6-H, 6-1, 6-L and 6-0, anopting the resolutions therein, read1ng by title only and wa1v1ng further reading thereof. Second by Councllmember Scott. In regard to Agenda Item 6-N, Council- member Reed expressed concern about protecting residentlal units in M-l and ~-2 zones 1n regard to modlfied hours of refuse collection. City )'lanager Williams suggested that the proposed ordlnance contain aprovision for a 500-foot buffer to protect residential dwellings regardless of how they are zoned. There being no obJect1on to adding that to the recommen- dation, Mayor SW1nk so ordered. The motion to approve the Consent Calendar \-las approved by the follo\-ling vote: Council Vote: Unan1mously approved 5-0 Absent: Councilmembers Trlves, van den Steenhoven Agenda Item 6-A: The m1nutes of the City Council meeting held January 10, 1978 were approved as mailed. 289 Agenda Item 6-B: Resolut1on No. 4967(CCS) ent1tled: "A RESOLUTION OF THE ReSOlut1on 4967 CITY COU;iiCIL OF THE CITY OF SANTA ~IONICl\. ACCEPTING AND APPROVING SUBDIVI - subdivision Tract SION ~lAP OF TRACT NO. 33766", was adopted. No. 33766 Agenda Item 6-C: Resolut1on No. 4968(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sfu~TA MONICA ~l\.TIFYING THE COMPROMISE OF CLADIS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED n DECEMBER, 1977", "as adopted. Agenda Item 6-D: Resolutlon No. 4969(CCS) ent1tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR BUS FARE BOXES AND FARE COLLECTION SYSTEM", \-las adopted. Contract No. 3025(CCS). Agenda Item 6-E: Contract No. 2445(CC5) was awarded to Robert L. Reeves Construction Company for construction of a restroom replacement on the Mun1c1pal Pier in the amount of $45,200. Agenda Item 6-F: Presented at this time was a recommendation to authorize retent10n of the firm of Arthur Andersen & Co. for a fee not to exceed $193,040 to perform Phase II of the proJect to convert the existing Transportation Department Accounting and Rcport1ng System to the uniform system required by Federal Urban Mass Transportation Adm1n1stration. (~ITA). Transportation Director Hutchison said the new accounting system lS mandated by ill1TA to gather statistics necessary for government reportlng. Councilmember Reed moved to award Contract No. 2446(CCS) authoriz1ng retent10n of the f1YIIl of Arthur Andersen & Co. for a fee not to exceed $193,040 to perform Phase II of the project to convert the existing Transportat1on Department Accounting and Reporting System to the uniform system required by the Federal Urban Mass Transportat1on Administration. Second by Councilmember Cohen. Council Vote: Unanimously approved 5-0 Absent: Councilmembers Trives, van den 5teenhoven Resolution 4968 Claims Resolution 4969 authorizing direct negotlation for bus fare boxes Contract 2445 for restroom replace- ment on P1er Contract 2446 to convert Transpor- tatlon Department accounting system 290 Contract 2447 SCAG Short Range Transportation Plan Contract 2448 />.lemo of Understanding Wlth SCAG Reconnnendation for appointment of three public members to tile Teclmical Advisory Committee for the Local Coastal Plan failed reinstatement of federally funded Clerical Supervisor for CETA Contract 2449 Risk !>lanagerrent Agenda Item 6-G: Presented at this tlme was a reco~memdation to authorlze filing of the revised Short Range Transportation Plan with Southern Callfornla Association of Governments (SCAGJ and to enter into a contract with SCAG to permit the City to recover 80% of revislon preparation expense. Councl1 discusslon ensued regarding the role of SCAG and other regional agencies ln adminlstering the transportation program, after WhlCh Councllmember Reed moved to authorlze fillng of the revlsed Short Range Transportation Plan with Southern California Association of Govern- ments (SCAG) and enter lnto Contract ~o. 2447(CCS) wlth SCAG in order to permit the City to recover 80 percent of revision preparation expense. Second by ~ayor Swink. . Council Vote: Unanimously approved 5-0 Absent: Councllmembers Trives, van den Steenhoven Agenda Item 6-H: Presented at thlS tlme was a recommendat10n to approve a Memorandum of Understandlng wlth the Southern Callfornla Association of Governments (SCAGJ to enable the City to remaln eligible to recelve SCAG support of ltS federal transportation fundlng applications. Mavor Pro Tempore Cohen moved to approve the Hemorandum of Understandlng '''~ th the Southern California Association of Governments (SCAGJ by award of Contract No. 2448(CCSJ to enable the City to remaln eligible to recelve SCAG support of lts federal transportation fundlng applications. Second by Councllmember Reed. Council Vote: Unanlmously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven Agenda Item 6-1: Presented at this time was a recommendatlon for appolntment of three publlC members to the Technical Advlsory Committee for the Local Coastal Plan and authorlzatlon to advertise requesting applications from interested citizens. Councilmember Reed moved to grant the request by a member of the public to speak to the item. Second by Mayor Pro Tempore Cohen. Council Vote: Unanimously approved 5-0 . Absent: Councllmembers Trlves, van den Steenhoven Michael Tarbet requested additional time for lnput on the lssues and approval of the Plan by the Coastal CommlSSlon before adoptlng a publlC participation plan. Discussion ensued regarding the effectiveness and functlons of committees and what constltutes publlC partlcipation. Councilmember Reed moved to approve the staff recommendation to appolnt three public members to the Technical Advisory Committee for the Local Coastal Plan and to authorlze an advertisement requesting appllcations from lnterested citizens. Second by Councilmember Bambrick. Durlng discussion regarding the level of public participation in City Council activities, City Manager Williams said staff has been working through the committee system since 1973 and that any change in that fundamental policy directlon should appropriately be discussed wlth a full City Council present. Councllmember Reed's motion then failed on the follow- ing vote: . Council Vote: Affirmative: CounciImember Reed Negative: Councilmembers Bambrlck, Cohen, Scott, Swink Absent: Councilmembers Trives, van den Steenhoven Agenda Item 6-J: The report on detall of increased CETA revenue was accepted and reinstatement of federally funded Clerical Supervisor for CETA admlnistratlon in the Human Resources Division was approved. Agenda Item 6-K: Contract ~o. 2449(CCSJ for renewal of Risk Management Contract wlth Mund, McLaurln and Company in an amount not to exceed $7,000 was approved. . . . . . 291 Agenda Item 6-L: Presented at thIS time was a recommendatIon that the City Attorney be directed to prepare an ordinance prohIbiting skate- boarding In all City-owned parkIng structures. DIscussion took place in regard to prohIbiting skateboarding In the CIty except on sidewalks or where specifically posted, the hazards of the activity, and provision of a skateboard park. Mayor Pro Tempore Cohen moved to direct the City Attorney to prepare an ordinance prohibiting skateboardIng in all City- owned parkIng structures. Second by Councllmember Scott. CIty Attorney to prepare skateboard ordinance Council Vote: Unanimously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven Agenda Item 6-M: The polIcy change for the deferred loan aspect of the Housmg RehabilitatIon HOUSIng Rehabilitation Program was approved thereby raising the limit for loans raIsed to hOUSIng rehabilitation loans from $1,000 to 53,000. $3,000 Agenda Item 6-K: Preparation of an amendment to the ordinance regulating refuse collectIon to modify hours of refuse collectIon allowed in ~j-l and ~-2 zones and provide for a 500 foot buffer to Include residentIal dwellIngs regardless of how they are zoned was approved. Amendment to ordinance regulatIng refuse collection Contract 2450 amendment to lease ..;i th Boathouse Host, Inc. Agenda Item 6-0: Presented at this time was a recommendatIon to approve an amendment to the lease with Boathouse Host, Inc., dba the Boathouse Restaurant on Santa ~onica Pier. Councllmember Scott saId that the additional percentage of rental as expressed in the staff report was inconsistent with the stated dollar amounts to be accrued to the City. Lengthy discussion ensued in regard to the method by which the percentage rate of return to accrue to the City was determIned under the amended lease arrangement. City Manager WillIams and Redevelopment DIrector Herner reviewed the process and background of the lease arrangement after which Councilmember Reed moved to authorize the City Manager to execute Contract ~o. 2450(CCS) apprOVIng the lease amendment with Boathouse Host, Inc., dba the Boathouse Restaurant on Santa MonIca Pier, the addendum to be amended on page 2, Section 3, to read "mInimum annual sales shall be $300,000 during the InItial lease term." Second by Councilmember Bambrick. Council Vote: Unanimously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven CIty Manager WillIams later requested additIonal discussion of Agenda Item 6-0, the Boathouse Restaurant lease amendment, in that the Council's earlier motion amending the additIonal percentage rental clause could have the effect of lowering or increaSIng the anticipated revenue depending on how it is wrItten. Redevelopment Director Herner descrIbed the method by WhICh staff developed the formula for revenue based on anticipated income projectIons as well as minImum income. Councilmember Reed moved to rescind the earlier Council ~otion amending the lease addendum in regard to the addItional percentage rate and to approve by Contract No. 2450(CC5) the lease a~endment with Boathouse Host, Inc., dba the Boathouse Restaurant on Santa Monica Pier, as recommended in the staff report dated January 24, 1978. Second by Mayor Pro Tempore Cohen. Council Vote: AffirmatIve: Councilrnembers BambrIck, Cohen, Reed, Swink Negative: Councllmember Scott Absent: Councllmembers Tri ves, van den Steenhoven Councllmember Scott requested that the record show that he voted no because the documents for review conflict with staff discussion as to theIr meaning. This ended the Consent Calendar. Councllmember Reed moved to continue the meeting past the 11 O'clock hour. Second by COlmciImember Bambnck. CounCIl Vote: Unanimously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven 292 Resolutlon 4970 approving the final envlrorunental lmpact report for the Housing and CorrmulUty Develop- ment Block Grant Proposal Resolution 4971 authorizing the flling of an application for ComrnlHllty Development Block Grant Funds for the fourth year under the Housing and Connmnn ty Development Act of 1977 Agenda Item 7-A: Presented at thls tlme was a public hearlng to allow citizens to reVlew the flnal Community Development Block Grant Funds application prior to submission to the U. S. Department of Houslng and Urban Development. City Manager Williams outlined staff recommendations in regard to allocation of the 51,374,000 available funds. The public hear1ng was opened at 11:12 P.M. on order of Mayor Swink and the following requests for funding were made: Bob Thrower, Willlam Barlow and Ferrell Burton requested lmprovement of the lawn bowling green at Douglas Park. Recreatlon and Parks Director Arnett outlined maintenance problems and recommended re-sodding the facility. He said the Joslyn Foundation has pledged S17,500 on a matching fund basls in their 1978-79 budget for such lmprovement. . Elizabeth O. Hoag requested funding from some source to provide a communi- ty room at the Montana branch llbrary. Pat Schnelder requested funding to renovate the Heritage Square Museum. There belng no other persons present desiring to address the Council, the public hearing was closed at 11: 25 P.;,,1. by order of Mayor Swink. Durlng discussion of the fundlng recommendations, Councilmember Bambrick moved to appropriate $100,000 for the Herltage Square Museum Society and reduce the Community Multi-Purpose Center funds by that amount. Second by Councilmember Reed. Lengthy discussion ensued regarding the merlts of the Herltage Square Museum. Councilmember Bambrick amended the motlon at the request of the second, Councilmember Reed, to provide that the $100,000 for the Heritage Square Museum be provided on a matching fund basis and that it be expended on exterior renovation and refurblshing. The motlon, as amended, was approved by the followlng vote: Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Reed, SWlnk Negative: Councllmember Scott . Absent: Councilmembers Tri ves, van den Steenhoven Mayor Pro Tempore Cohen moved to allocate $20,000 to construct lightlng in Virginia Avenue Park, the funds to be taken from the Community Multi- Purpose Center. Second by Mayor Swink Council Vote: Unanimously approved 5-0 Absent: Councllmembers Trives, van den Steenhoven Councllmember Scott moved to allocate $17,500 to re-sod the lawn bowling green facility at Douglas Park on a matching fund basis, funds to come from the funding proposed for the Community Multi-Purpose Center. Second by /.layor Swink. Councll Vote: Unanimously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven Mayor Pro Tempore Cohen moved to approve the staff recommendations to allocate $600,000 to. Housing Rehabilltat10n, $300,000 for repayment of the Ocean Park Debt, $120,000 for Planning and Administrat10n, $100,000 .-~ for the FairVlew Library Branch Community Room, $25,000 to the Contingen- cy Fund, $2,500 for wheelchair ramps at 14th Street and Wilshire Boule- vard, $2,500 for wheelchair ramps at 26th Street and San Vicente Boule- vard. Second by Councilmember Reed. Council Vote: Unanimously approved 5-0 Absent: Councllmembers Trlves, van den Steenhoven Councilmember Scott moved that the $86,500 balance in the Communlty Multi-Purpose Center fund be added to Houslng Rehabilitation funds. Second by Councllmember Bambrick. Dlscussion followed ln regard to the location, organlzatlon and funding of a Communlty Multi-Purpose Center, lncluding the use of the Contingency Fund for that purpose, and the need to consolidate services to make it a viable center. Councilmember Scott . . . . . 293 withdrew hiS motlon, wlth the consent of the second. Councilmember Reed moved to allocate the remaining $86,500 in the Community MUlti-Purpose Center fund to the Contlngency Fund. Second by Mayor Pro Tempore Cohen. Council Vote: Unanimously approved 5-0 Absent: Councilmembers Trlves, van den Steenhoven Councilmember Reed moved to adopt Resolution No. 4970(CCS) entltled: "A RESOLUTr'ON OF THE CITY COUNCIL OF THE CITY OF SANTA MOXICA APPROVING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE HOUSING AND CO~U~UNITY DEVELOPMENT BLOCK GRANT PROPOSAL", and Resolution No. 497l(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE FILING OF AN APPLICATION FOR CO~ThlUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE FOURTH YEAR UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977", reading by titles only and waiving further readlng thereof; and to approve the required certlfications authorlzing the City Attorney to execute Assurance Form HUD-7015.l2, dated December 1974, which certlfles to the following: (a) Clvil Rights, Employment Opportunities, (b) Cltizen partlclpation, (c) Conformance to Uniform Relocation Act, (d) Assumption of NEPA Responsibllities and Jurlsdlction, (e) O.M.B. -- Financial Management Requirements, and (f) Meeting Congresslonal Intent. Council Vote: Unanimously approved 5-0 Absent. Councilmembers Trives, van den Steenhoven Agenda Item 8-A. Presented at thiS tlme was an ordinance for introductlon Ordinance for intro- amending the :Vlunlcipal Code regulating nlght-time parking in public parking duction regulating lots. Clty Manager lhlllams said this ordinance \;Quld prohibit public night-time parking lot parklng between sunset and sunrise except by permlt, and that the in public parking purpose was to allow police regulation at Beach Parking Lot No. 2600. lots The public hearlng was opened at 12:15 A.~. by order of ~ayor Swink. There being no one present to speak either for or against the ordinance, Mayor S\lTlnk ordered the pub li c hearing closed at 12: 15 A. M. Council- member Reed moved to introduce an ordinance ent"ltled: "AN ORDINA:-<CE OF THE CITY COUNCIL OF THE CITY OF SANTA MO:-<ICA AMENDING SECTION 3201 OF A:-<D ADDING SECTIONS 3201A AND 3201B TO THE SANTA MONICA M1WICIPAL CODE REGARDING NIGHT rr:V!E PARKING IN PUBLIC PARKING LOTS", reading by tltle only and waiving further reading thereof. Second by Councilmember Bambrick. Councll Vote: Unanlmously approved 5-0 Absent: Councilmembers Tr1ves, van den Steenhoven Agenda Item 8-B' Presented at this time was an ordinance for lntroduction Ordinance regarding amend1ng the :lunic1pal Code regarding Landmarks and Historical District Landmark and designation procedures. Clty ,lanager lVilliams said thls ordlnance amend- Historical fustrict ment provides for an extension of tlme for revie\" by staff and commlssion designation proce- from 30 to 45 days and establishes a period of ten years during Hh1ch the clure tabled rmtil property ln question cannot be brought back before the comm1ssion havlng February 14, 1978 once been cons1dered by them. The public hearing was opened at 12:17 A.M. by order of Mayor SWlnk. Meryl Maler, V1ce Cha1rman of the Landmarks Commlsslon, requested add1tlonal time to reV1ew the ordinance. Mlchael Tarbet spoke 1n opposition to the ten year review perlod. There being no other requests to speak either for or against the ordinance, the pubIlc hearing was closed a~ 12:19 P.M. by order of ~l::-yor S\"in~.. M~yor Pro Tempore Cohen moved to lntroduce an ordlnance en t1 tIed: "'-\N OR I- ~ANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9608B, 9608C, 9608N, 9610C AND 9610-0 OF THE SANTA "!ONICA MUNICIPAL CODE REGARDI~G LAND:V~RK A~D HISTORIC DISTRICT DESIGNATION PROCEDURES", reading by tltle only and waiv1ng further reading thereof. Second by Council- member Scott. After discussion as to the desirabil1ty of providing additional time for review of the ord1nance amendment, Councllmember Bambr1ck moved to table the subject unt1l the next Council meeting. Second by Councllmember Reed. Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Reed Negatlve: Councllmembers Scott, Swink Absent: Councilmembers Tri ves, van den Steenhoven 294 Ordinance introduced adding public access and improvement requirements for development projects Ci ty Attorney to prepare an ordinance requirlng that two- story accesory buildings ill the R-l District be subject to use permit proce- dures Report regarding placement of measure on ballot continued to February 14, 1978 Conflict exists bet"'een SCAG and Santa ~i:mica Housing Elerrents Agenda Item 8-C: Presented at this time was an ordinance for introduction adding public access and improvement requlrements for development proJects. City Manager Willlams outlined the staff recommendation to adopt ordinance changes to correct the current inconslstency in terms of the application of access to buildings which do not require a variance procedure or other special Planning Commission conslderation. Mr. Williams said that In those lnstances where the bUlldlng requires that conslderation, the Clty will requlre the developer to provide for driveway cuts, curb adjustments, sidewalk Iightings, etc. The pubIic hearing was opened at 12:23 A.M. by order of Mayor SWlnk. There belng no one present wishing to address the Council for or agalnst the ordlnance, the public hearing was declared closed at 12:24 A.M. by order of ~ayor SWlnk. Councilmember Reed moved to llltroduce an ordinance entitled: "AN ORDD1ANCE OF TIfE CITY COUNCIL 'OF THE CITY OF SANTA MONICA ADDING SECTIONS 7163, 7164, 7165, 7166 AND 7167 TO THE SANTA MONICA ~IDNICIPAL CODE, PERTAINING TO PUBLIC ACCESS AND BIPROVE'lENT REQUIREMENTS FOR DEVELOPMENT PROJECTS", readlng by title only and walving further reading thereof. Second by Mayor Pro Tempore Cohen. The Councll discussed the level of structural imnrovement that would bring about this requirement and the need for SenSitlVlty that the lmprove- ments required be reasonable ln nature and be related to the need gener- ated by the project as well as consideration of the total lnvestment. The motion to introduce the ordinance was then approved by the following vote: . Councll Vote: Unanimously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven Agenda Item IO-A: Presented at this time was a Plannlng Commission recommendation for preparation of an ordinance requiring that two-story accessory buildlngs ln the R-l Distrlct be subject to use permit procedures. City Manager Williams said there is no eXlstlng control over the construc- tion of accessory bUlldings and that such accessory buildlngs often infringe on the prlvacy of neighbors. He sald the ordinance lS proposed as a means of controlling and preventing the proliferation of accessory buildings in the R-I area. Plannlng Director Lunsford added that the ordlnance would require a use permlt In order to construct a two-story accessory bUllding. Councilmember Reed moved to approve the staff recom- mendation and direct the City Attorney to prepare an ordinance to require that two-story accessory buildlngs ln the R-l District be subject to use permit procedures. Second by Councilmember Bambrick. Council Vote: Unanimously apporved 5-0 Absent: Councllmembers Trives, van den Steenhoven . Agenda Item Il-B: Presented at thlS time was a staff report regardlng placement of a measure on ballot under Article 34, Section 1 of the California Constitution. Councllmember Reed moved to continue the matter to the City Council meeting to be held February 14, 1978. Second by Councilmember Scott. Council Vote: Unanlmously approved 5-0 Absent. Councilmember Trlves, van den Steenhoven . Agenda Item ll-C: Presented at thlS time was the staff report regarding Southern Callfornia Associatlon of Governments (SCAG) Draft Regional Housing Element. City Manager Williams said the report outlines several of the conditlons of the SCAG element, and of particular concern is the provision ln which SCAG encourages the placement of multlple numbers of people in the R-I zone. Planning Director Lunsford noted the matrlx whlch compares the policles of the Santa Monica Houslng Element with SCAG policies, calling particular attentlon to conflicts between the two. Council commended staff on the excellence of their report, noted the differences delineated, and discussed the need for SCAG to recognize that every City in the SCAG region lS required by the State to adopt a Houslng Element. Councilmember Reed moved to authorize the Mayor and the staff to convey the Council's position that conflicts eXist between SCAG and . . . . . Santa Monica Housing Elements and to lobby for amendments in the SCAG Housing Element to reflect the needs of clties. Second by Councllmember Scott: Council Vote: Unanlmously approved 5-0 Absent: Councllmembert Trives, van den Steenhoven Agenda Item 11-0: Presented at thlS tlme were recommendations regarding acquisition of property located at Seventh Street and Olympic Boulevard for use as Transportation Department facility. Clty Manager Williams said the City's growing Transportation Department requlres expansion of the area for storage and maintenance of buses, that fundlng has been acqulred for aC4uisitlon of property for that use on Seventh Street and Olympic Boulevard, and that the appraisal process is under way. Mayor Pro Tempore Cohen moved to authorize the City Manager to enter lnto negotiations for the acquisltion of property located at the corner of Seventh Street and Olymplc Boulevard, Lots 34 through 38 and 53 through 68, plus the 20-foot vacated Slxth Court bounded by sald lots, to authorize Clty staff to prepare and send the Notice of Intent to Adopt a Resolutlon of Necessity and set a public hearing for dlScussion thereto on February 28, 1978. Second by Councilmember Reed. Councll Vote' Unanimously approved 5-0 Absent: Councilmembers Trives, van den Steenhoven Agenda Item II-E. Presented at this time was a recommendation for implementation of the Santa Monica Central Area Clrculation Feasibllity Analysis. Councllmember Scott requested that this item be continued to a time when the full Council is present. Mayor Swink so ordered wlth the consent of Council. Agenda Item ll-F: Presented at this time was a recommendation for approval of a proposal to rebuild and expand a restaurant dba Hamburger Haven located on the Santa Monlca Pier. Clty Manager Williams said Mr. Jack Knight's proposal for the locatlon of Captaln Jack's restaurant at this site involves a 20 year lease wlth varlOUS gross revenue provi- Slons and an offer by the developer to fund necessary pier repalrs. Recreatlon and Parks Director Arnett reported that the proposal replaces two restaurants, Hamburger Haven and International Cafe, wlth a restaurant use of approximately 4,400 square feet and described the lease arrangement WhlCh provides for rentals related to gross sales and setting aside of a malntenance fund. The Council discussed the lease arrangements, particu- larly in regard to the need for a buildlng maintenance fund requirement ln the contract and the importance of llmitlng transfer of the tltle or agreement until construction is completed. During discusslon, City Manager Wllllams noted that the subject is before the Councll in concept and that staff could work out the details wlth Mr. Knlght. Mr. WiIllams noted Mr. Knight's presence at this meeting. Councilmember Reed moved to approve in concept the proposal of Mr. Jack Knight to rebuild and expand a restaurant dba Hamburger Haven on the Santa Monica Pler, request staff to exaWlne the lease clause related to the maintenance fund and the option of a loaner's indemnity bond; that Councll walve public bids for the area immediately adjacent to enable the proposal to be placed before the Southwest Regional Coastal Commission; and that the City Manager be authorized to execute appllcable documents. Second by Mayor Pro Tempore Cohen. Councll Vote: Afflrmative: Councllmembers Bambrick, Cohen, Reed, SWlnk Negative: Councllmewber Scott Absent: Councilmembers Trl ves, van den Steenhoven Agenda Item Il-G: Presented at this time was a recommendation for award and execution of a contract to John Rossi Youth Foundatlon in the amount of $10,000 fOT operation of a truancy program. City Manager Williams 295 City Manager to negotiate for acqUlsinon of property located at Seventh Street and Olympic BOulevard Reconmendation for lmplementation of clrculatlon analysls continued to February 14, 1978 ExpanslOn of HamburgeL Haven approved III concept; staff to re-examne maintenance clause Contract 2452 John Rossi'Youth Foundation 296 Onhnance to be written creating Department of Entertainment Facihtles outllned the staff recommendatlon that money set aside by the Councll for purposes of a truancy program be used in a contractual arrangement with the John ROSSl Youth Foundation to work ln conjunction with the Santa Monica School District as a depository for truant youths. He noted that lt lS lllegal to refer youths to agencies unless there lS a specific agreement. Mayor Swink recognlzed a request to address the Council on this subJect. ~ Mrs. Marilyn Angle expressed concern that the City and School District would be breaklng the law in referrlng truant students and said that the school distrlct is responsible for contacting the parents for permlssion. Grants and Communltv Services Director Hicks sald staff had worked wlth the Clty Attorney and School Superintendent Caldwell ln preparing thelr recommendation and that Dr. Caldwell had indicated that the school district staff would contact parents for permisslon to have the chlld delivered to the agency. Mayor Pro Tempore Cohen moved to award Contract No. 2452(CCS) in the amount of $10,000 to the John Rossi Youth Foundatlon for the operation of a truancy program, terms of the contract to become effective lmmedi- ately and terminate June 30, 1978, approval of the contract to be contin- gent upon receipt by the Clty of a letter of concurrence regarding the terms of the contract from the Superlntendent of the Santa Monlca School District. Second by Councilmember Reed. After discussion regarding crimes relating to truancy, the motion was approved by the followlng vote: Council Vote: Unanlmously approved 5-0 Absent: Councllmembers Trives, van den Steenhoven Agenda Item Il-H: Presented at this time was a recommendation to authorize preparatlon of an ordinance creating the Department of Entertainment Facilities and authorizing consolidation of the Auditorium and Pier operatlons. City Manager Willlams reviewed the staff recommenda- tion to transfer ?ler operation to the Auditorium Dlrector's responsiblll- ty in that (1) the Recreatlon and Parks Director's responsibilities have increased substantially in regard to park development and (2) the Audi- torium Department is better equipped to coordinate entertainment activi- ties for the Pier. He noted that one of the goals to be accomplished during the current year is rental of Sinbad's buildlng for either enter- tainment or restaurant purposes. In conslderation of the increased re- sponSibility, Mr. Williams recommended an lncrease to the Auditorium Director's salary of $3,000 annually. Councilmember Reed moved to authorize the City Attorney to prepare an ordinance creating the Depart- ment of Entertalnment Facilities; to authorize the City Attorney to prepare a resolution amending the current salary schedule for the Auditorium Director; and to approve consolldatlon of the Auditorium and Pler by transferring the appIlcable funds as outlined ln the staff report dated January 17, 1978. Second by Mayor Pro Tempore Cohen. Council Vote: Unanimously approved 5-0 . Absent: Councilmembers Trlves, van den Steenhoven The City Council brlefly dlscussed a disturbance whlch took place earller ... that evening related to Agenda Item 13-A, treatment of stray animals at the Animal Shelter. The City Council meetlng adjourned at 1:25 A.M. on motion o,f CounCllmem- ber Reed, second by Councilmember Bambrlck. Counci1member Reed requested that the adjournment be made in memory of the following indlvlduals: Edith Daniell, a long-tlme resident of the Clty, wlfe of former publisher and forerunner of the Independent Journal, and graduate of Santa :-lonica High School ln 1905, David Sprong, Jr., long-time resident of the City and practicing surgeon at St. John's and Santa Monica hospitals; Beulah ASlmont, a lifelong Santa Monlca resldent who began her teaching career at Canyon School and taught ln the Santa Monica School Dlstrlct from 1913 to 1955; and Eugenie Ireland, daughter of Dr. and Mrs. Eugene Ireland. Councl1member Bambrick added that Mrs. ASlmont was a close . personal fr1end and that her father, Albin Archer, was the first fire chief in the C1ty and built the house that 1S presently the Ocean Park Community Center Wh1Ch was the family home for many years. Council Vote: Unanimously approved 5-0 . Absent: Councilmembers Trives, van den Steenhoven ATTEST: APPROVED: ~ ~---..- . ~, '. . - r:4j-~ c- '-7~,-/ . J~yClY Snider L,.//(:l ty Clerk LLi~~~~J- Donna O'Brien Swink Mayor . . . 297