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M-1/23/1979 CITY OF SAKTA MO~ICA CITY COUNCIL PROCEEDINGS JanuaDr 23, 1979 A regular meetlng of the Santa Monica Clty Council was called to order at! 7 30 P.M. by ~ayor Donna O'Brlen Swink who led the assemblage in the pledge of allegiance to the United States of America. Mayor Swink then introduced Reverend Allen Deuel, Flrst Presbyterian Church, who offered the lnvocation. Roll Call: Present: Mayor Donna O'Brlen Swink Mayor Pro Tempore Seymour A. Cohen Councilmember John J. Bambrick Councilmember Christine Reed Councllmember Perry Scott I I I I I Jali11! City Manager Charles K. ~cClain Dlrector of Environmental Services John Clty Attorney Rlchard Knlckerbocker (a r rive d at 8: 30 p, \1. ) Assistant City Attorney Stephen Shane Stark Asslstant City CIerI; Ann Shore Absent: Councll~ember ~at~aniel Trives Councllmember Pieter van den Steenhoven Cltv Clerk Joyce Snider Agenda Item ~-A: An E~ployee Recognitlon Award was presented to Ron Cummlngs, Electrical Supervisor, General Servlces Department, for excellent jo~ performance. The Consent Calendar was presented by the Assistant Clty Clerk after which Councilmember Reed moved to approve the Consent Calendar with the eXceptlon of Agenda Item 6-K, adopting the resolutions thereln, reading by title only and waiving further reading thereof. Second by Council- member Bambrlck. Courrell Vote' Unanimously approved 5-0 Absent: Councllmembers Trlves, van den Steenhoven Agenda Item 6-A: The minutes of a regular Clty Counell meetlng held January 9, 1979 were approved as mailed. Agenda Item 6-B: A request for reimbursement of departmental revolvlng cash funds' Transportation - S50.68, Recreation & Parks - $131.77; Pollee - $122.94; Admlnistrative Services - $98.22, was approved. Agenda Item 6 -C' ResolutlOn :10. 5176 (CCS) entl tIed: "A RESOLUTIOX OF THE CITY COUNCIL OF THE CITY OF SA~TA ~OXICA ACCEPTI~G AND APPROVI~G SUBDIVISIO:.) MAP OF PARCEL ~O. 7391", for a four-unl t new condominium project at 652 Pler Avenue, by Raymond Lepore and Jay Cox, was adopted. Agenda Item 6-D: Resolution ~o. 5177(CC5) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA ACCEPTI~G AND APPROVING SUBDIVISIO~ ~ffiP OF TRACT ~O. 35635", for an 18-unit new condominium project at 1003 - 1007 Ocean Avenue, by Boca-:-lonica Developers, was adopted. 7 Ah'ard presel Ron Cumnung' Resolution Flnal Parce ;-.Jo. 7391 Resolution hnal Tract 35635 Agenda Item 6-E: The Clty Manager was authorized to file a Revised Transportat Short Range Transportation Plan ,...ith SCAG (Southern California Association! 'V1th SC~G of Governments). Agenda Item 6-P: Revised regulations for use of the Santa Monica ~Iall, ,-rere approved. Use of Sant ~Iall of Case Clt)' of Case x v. Clty of Case r v. Clty of Case :::lIJler v. sion s .d th - agenda 5178 filmg of tlon for Jevelopment Agenda Item 6-G: The settlement of a clalm entitled Casavant v. City of Santa Monlca, Case No. WEC 46295, was approved as recommended by , staff and the Dlrector of Finance instructed to draw a warrant made payable to Alma Casavant and her attorneys of record, the Law Offlces of Jamison, ~ob1e and Hulse in the sum of $14,000, ln full and complete settlement of the case. Agenda Item 6-H; The settlement of a claim entitled Leonard Marx v. Clty of Santa ~onica, et al., Case Xo. WEe 52252, was approved as recommended by staff and the Dlrector of Finance instructed to draw a warrant made payable to Leonard :Iarx and his attorney of record, John J. Wandel in the sum of 55,000, for a full and complete settlement of 57,035.46 ($2,035.46 havlng been paid by Brown Brothers, the City's adjuster). Agenda Ite~ 6-1: The settlement of a clalm entltled Billy Parker v. City of Santa Monica, et al., Case ~o. C 101825, was approved as recommended by staff and the Director of Finance instructed to draw a warrant made payable to Billy Parker and his attorney of record, Fred Delmer, in the sum of $5,000 and the elty Attorney's office authorized to dismiss ltS cross-complaint against Mr. Parker, in full and complete settlement of the case. Agenda Item 6-J: The settlement of a claim entitled Rosie ~annhelmer v. City of Santa Monica, Case Ko. LA 210614, was approved as recommended by staff and the Director of Finance lnstructed to draw a warrant made payable to Rosie Mannheimer and her attorney of record, Stanley Langfus in the sum of $3,300 in full and complete settlement of the case. Agenda Item 6-K: A recommendation for approval of assignment of the lease of a fast food concession dba Sklppers by Knight Cruickshank was withdrawn from the agenda at the request of staff. Agenda Item 7-A- Presented at this time was a public hearing to allow citlzens to review the proposed Community Development Block Grant appllcation prlor to submlsslon and to comment on program progress. The Droof of publication was ordered filed by order of ~Iayor Swink. The ~ubllC hearing was opened at 7:37 P.M. by order of Mayor S~ink. T~e followlng persons requested consideration of funding for traffic safety lmprovements on Slxth Street and Ocean Park Boulevard: Frank Charny, Susan Carpenter, Ja~es Delahunty, Mrs. John N. Kahn and Beverly Jonelelt Gary Ranker requested conslderation of funds for a program to install locks on homes of low/moderate income resldents ln the City. The followlng persons requested consideration of funds for a Multi-Purpose Social Servlces Center: Dan Sullivan and Tom Levine. Susan Sommer requested conslderation of funds for lightlng the parking lot north of Sunset Beach Tract. The followlng persons requested consideration of funds for security measures in the downtown parking structures: Cllff Flsher, Davld Geffner and Llncoln Vauglm. The follOl"lng persons requested ! consideration of funds for provIding non-proflt cooperative housing to low income persons, senlor citIzens and handicapped persons' ~rs. Gaye F. Deale, Gladys Bell and ~Iarlan Winston. Raymond Lang requested consideration of fundlng for the painting of murals on buildings. There belng no other persons present desiring to address the Council, the public hearlng was ordered closed at 8"34 P.M. by order of Mayor Swink. After discussion, Councllmember Scott moved that the Communlty Develop- ment Block Grant fund application include S400,000 for housing and $150,000 for payment of the Ocean Park Redevelopment Project Debt. The motion failed for lack of a second. Councilmember Reed moved to include ln the Community Development Block Grant fund appllcation the projects recommended in .Utemative 2 of the staff report dated January 15, 1979, with the qualificatlon that if a firm plan for a Multi-Servlce Center for Social Services, with agreements, etc., is not brought before the Council wlthln SlX months, that money would revert to housing purposes. The motlon failed for lack of a second. After discussion, :-!ayor Pro Tempore Cohen moved to lnclude in the Community Development Block Grant Agenda Item 8-A Presented at this tIme "as an ordinance for Introduction Onhnance ir provIdIng for emergency removal of lItter from prIvate property by City 'providing fe forces, pursuant to Council directIon on January 9, 1979. The public of litter hearing was opened at 8:41 P.~. by order of Mayor SWInk. There being no I one present desirIng to address the CounCIL, the publIc hearing was closed at 8.42 P.M. bv order of Ma>'or Swink. Councllmember Reed moved to intro- . duce an ordlnaiIce entI tIed:' "A~ ORDIKANCE OF THE CITY COUNCIL OF THE CITY OF SA~TA MO~ICA ADDING SECTION 78001 TO THE SANTA ~IOKICA MUNICIPAL CODE TO ESTABLISH H1ERGENCY LITTER RHlOVAL PROCEDURES", reading by title ! only and waiVIng further reading thereof. Second by Councilmember Bambrick~ I ! r fund application the projects recommended in Alternative 2 of the staff report dated January 15, 1979 and to adopt ResolutIon No. 5178(CCS) entitled: "}\ RESOLUTION OF THE CITY COU:\CIL OF THE CITY OF SA~TA MONICA AUTHORIZING THE FILING OF AN APPLICATION FOR FIFTH YEAR COM){UNITY DEVELOP ME~T BlflCK GAA.\lT RJ:\J:S T\DERTHE HOUSI1\G AXD CmlMUNITY DEVELOPME!'\T ACT OF 19:"4, AS AME~DED OCTOBER, 1977", reading by title only and waiving further reading thereof. Second by Councilmember Bambrick. After discussion, the motion was approved by the folloWIng vote: Council Vote: UnanImously approved 5-0 Absent: CouncIlmembers Trlves and van den Steenhoven CounCIL Vote: Unanimously approved 5-0 Absent: Councilmembers Trives and van den Steenhoven Agenda Item 8-B: Presented at this tIme was an ordinance for introduc- tion limIting the number of residential rent increases permIssible within one year, pursuant to Council dIrection on January 9, 1979. The public hearing was opened at 8 44 P.M. by order of ~ayor Swink. The following persons spoke in opposition to the proposed ordinance: Tlma Tomash, Syd Rose, John Hult, Dan Sullivan, WIllIam Jennings, Kathan Gardels, Ruth Yannatta, Walter Schwartz, DaVId Koppelman, Ulysses Gibson and Mike ~cGregor. Allison D. S. L. Arnold spoke regarding problems and benefits of the proposed ordinance. Louis Katz spoke against rent increases In the City. There beIng no other persons present desiring to address the CounCIl, the public hearIng was ordered closed at 9:32 P.M. by order of Mayor Swink. Councllmember Bambrick moved to introduce an OrdInanCe entitled: "A?>I ORDI'\ANCE OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA ADDIKG CHAPTER 6 TO ARTICLE IV OF THE SANTA ~IONICA MUKICIPAL CODE, RELATI~G TO RESIDENTIAL PROPERTY, AXD ESTABLISHING A LIMIT ON THE KmmER OF RENT R.\ISES PEP:.HSSIBLE h'ITHn: ONE (1) YEAR", h-Ith Section 4604 amended to read: "A landlord mav raIse the rent on a reSIdential rental unIt upon its voluntary vacation'by a tenant or upon evictIon of a tenant for non-payment of rent for misconduct, breach of lease or rental agree- ment, or for other simIlar cause." Second by Councllmember Reed for purposes of discussion. After discussion Councilmember Bambrick, with the consent of the second, amended the motIon so that Section 4604 read Instead~ ". ..for nonpayment of rent, breach of lease or rental agree- ment." After dIscussion, the motIon, as amended, was approved by the follG\nng vote: Council Vote: Affirmative' Councllmembers Bambrick, Cohen, Reed and Hayor S'<ilnk :\egatlve: Councilmember Scott Absent: Councilmembers TrIves and van den Steenhoven Bv order of t-Iavor SWInk the Council recessed at 9:50 P.M. The CounCIL reconvened at 9:58 P.M. with all members present as listed in the roll call. )layor S\vtnk requested combining Agenda Items 9~A and 13~C for discussion at this time. There beIng no objectIon, It was so ordered. 9 lordinance in. ; limi tmg the 10f residenti. . Increases WI' :year !IIo. 5179 the baUot ), 1979 a -'ndment rent contro 1114 Jrdinance the ballot H!illdates '5 5180 Lhe Inten- "nt trees mi ca :;181 applica- srant Jrgla:ry ='ssion '1gher Jilllcil )lice Agenda Items 9-A and 13-C: Presented at thIS tIme was a resolutIon placing on the ballot of April 10, 1979, a charter amendment regarding rent control and certaIn other electIon provIsIons and adoption of an ordinance related to the ballot order of candIdates and measures as requested by Mayor SWInk. John Jurenka requested consIderatIon of an ordinance amendment to provIde for a unIform method of qualIfYIng signatures for charter amendment petitions. Councilmember Reed moved to adopt Resolutlon Ko. 5179 (CCS) entitled: "A RESOLUTIO:-:J OF THE CITY COUNCIL OF THE CITY OF SA "ITA ~IOxIC4.. SUBMITTEG TO THE QUALIFIED ELECTORS PROPOSITION "C", AN INITIATIVE CHA.RTER Af-fEKDylEI\T PROPOSDIG A SYSTE},f OF RENT CO"lTROL 1"1 THE CITY OF SA~TA MONICA, AND COXSOLIDATIXG AN ELECTION CO"lCER"II"IG THE GOVERKI"IG BOARD OF THE SA"ITA ~10I\ICA Ul\IFIED SCHOOL DISTRICT WITH THE GEXE~4..L MU"IICIPAL ELECTIOX TO BE HELD 01\ THE TE'\fTH (10TH) DAY OF APRIL, 1979", reading by title only and waIving further readIng there- of. Second by Hayor Pro Tempore Cohen. CouncIl Vote: UnanImously approved 5-0 Absent: Councilmembers Trives and van den Steenhoven Councilmember Reed moved to adopt Ordinance 1\0. 1114 entitled: "A"I ORDI\lAI\CE AIcIEDI\'G SECTIOX 11214 OF THE SANTA HO'\[ICA MUXICIPAL CODE, ESTABLISHI"IG A PROCEDURE FOR DETEP~fII\I"IG BALLOT ORDER OF CAI\DIDATES A'JD BALLOT ~EASURES", readIng by title only and waIvIng further reading thereo~to become effective ImmedIately pursuant to City Charter Section 619(a) which provides that an ordinance relatIng to an electIon shall take effect upon adoption. Second by Mayor Pro Tempore Cohen. Council Vote: UnanImously approved 5-0 Absent. CouncIlmembers Trlves and van den Steenhoven Agenda Item 9-B: Presented at this time was a resolution declaring the intention to plant trees on Santa MonIca Boulevard from LIncoln Boulevard to 11th Street and settIng a public hearing on February 27, 1979 at 7:30 P.'!. Councilmember Reed moved to adopt ResolutIon No. 5l80(CC5) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAXTA }'fO"IICA DECLI\Rn\G ITS I::'TE'JTION TO PLAXT TREES ALONG SANTA ~fONICi\ BLVD. BEniEEN LINCOLN BLVD. AND ELEVENTH STREET WITHIN THE CITY OF SA"ITA ~O"lICA", reading by title only and waiVIng further reading thereof. Second by Mayor Pro Tempore Cohen. Council Vote' Unanimously approved 5-0 Absent: Councilmembers Trives and van den 5teenhoven Agenda Item II-A: Presented at this tIme was a recommendatIon for adoption of a resolutIon authorIzing application for a grant regard1ng burglary preventIon. CouncIlmember ~eed moved to adopt Resolution ~o. 5l8l(CCS) entItled: "A RESOLUTIO'J OF THE CITY COU"ICIL OF THE CITY OF SAI\TA MO"lICA SUPPORTING THE APPLICATIO"l FOR GRA~T FU"IDS TO AID I~ BURGLARY SUPPRESSIOK", readIng by title only and waiving further reading thereof. Second by CouncIlmember Bambrick. CounCIl Vote: UnanImously approved 5-0 Absent: Councilmembers Trives and van den Steenhoven Agenda Item Il-B: Mayor Swink requested that the request of the C1ty Attorney for an Executive SeSSIon to discuss pending litIgation be contInued to the end of the agenda. There being no objection, it was so ordered. Agenda Item l2-A: Presented at thIS tIme was the request of Col. J. Ray Gallagher to address the Council regardIng reorganizatIon of the Santa MonIca PolIce Department. Col. Gallagher requested establishment of a crime prevention program utilizing uniformed-watch persons on foot- beats throughout the City. ~o actIon was taken. I I I Agenda Item 12-B: Presented at this time ",as the request of Elizabeth I Ehzabeth ~~~ Macaluso representing the Amerlcan Citizens for Honesty In Government to I addressed t] address the Council regardlng a proposal for a Code of Ethics for Govern-, regarding a ment Servlce. Eli zabeth Macaluso requested consideration of adopting tlIe. Ethics for ( Code of EthlCS as presented. ::\0 action was taken. I Semce Agenda Item 13-A: Presented at this tlme was the reslgnation of Vernon I Vernon E. B. E. Brunson from the Archl tectural Review Board. On behalf of the I resigned fn Councll, Councilmember Reed regretfully accepted the resignatlon of I Architectur' Vernon E. Brunson from the Architectural ReVlew Board and requested that I Board the date for filIng of applications be extended In order that all Councilt members be present for the nomlnatlon. There belng no obJectlon, It was ; so ordered. Agenda Item l3-B Mayor Swink requested that her request for an Execu- tive SeSSlon to discuss a personnel matter be continued to the end of the agenda. There belng no objectlon It was 50 ordered. Agenda Item 13-[ (discussed WIth Agenda Item 9-A). Agenda Item l3-D: Presented at thIS tlme was the request of Mayor Swink for appointment of Councilmember John Bambrlck to the TechnIcal Advisory Comml ttee of the Local Coastal Program to replace .\Iayor Pro Tempore Seymour Cohen. There being no objection, Councilmember Bambrick was appointed to the Technlcal Advisory Committee of the Local Coastal Program to replace Mayor Pro Tempore Cohen. Agenda Items 11-B and 13-B (Contlnued): Presented at this time were the requests of the City Attorney for an Executive Session to dlSCUSS pending litlgatlon and ~ayor SWlnk for an Executive Session to discuss a person- nel matter. At 10:22 P.~., Councilmember Reed moved to recess to Execu- tlve Session to dlSCUSS pending litigation and a personnel matter. Second by Councl1member Scott. CouncIl Vote' Unanimously approved 5-0 Absent: Co~~cilmembers Trives and van den Steenhoven The Councl1 reconvened at 11'19 P.M. with members present as listed In the roll call. ~avor Swink announced that no action had been taken. At 11:20 P.H., on mot~on of Councilmember Reed, second by Councllmember Bambrick, the meeting was adjourned in memory of the following indlvid- uals: On behalf of Councl1member Bambrick, In memory of Ralph A. Bryan, long-t~me resident of the community and actlve in many service organiza- tions, and in memory of Irene Levee, a long-time resident of the commu- nlty; on behalf of ~ayor Swink, in memory of August R. Veenker, former Vice Princlpal of Santa :.!onlca Hlgh School for many years, and Robert ~ickelsen, a close personal frlend of the Swink family. Council Vote: Unanimously approved 5-0 Absent: Councllmembers Trives and van den Steenhoven ATTEST: APPROVED: uik.....J~ 2wtj Donna' O'Brien 'Swink t-Iayor : () "' ~ ~~~ f/ ~OYC~der Y Ci ty Clerk ! I 11 Executl ve Sf for persoIU1' contlnued John Bambn< appointed t< Technical A, Committee 0 Local Coast Executive S,