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M-12/8/1981 . . . . 171 CITY OF Sfu~TA MONICA CITY COUNCIL MINUTES DECEMBER B, 19B1 A regular meeting of the Santa Monica City Council was called to order at 7:30 P.M, Tuesday, December B, 19B1. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of America and introduced Reverend Charles Elswick, First Christian Church, who offered the invocation. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember JaMes P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press (entered at 7:43 P.M.) Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Assistant Clty Attorney Stephen Stark City Clerk Ann M. Shore 4-A: PUBLIC COMMENDATION: Mayor Yannatta Goldwy presented to Assistant City Manager John H. Jallli a commendatlon for outstanding and exemplary service. New City Manager John H. Alschuler was welcomed. 6. CONSENT CALENDAR: The consent calendar was presented. Councilmember Conn moved to approve the consent calendar with the exception of Items 6-E, 6-G, 6-J and 6-K, reading resolutions and ordinances by titles only and waiving further readlng thereof. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-A: REVOLVING CASH FUNDS: A request for reimbursement of the following Departmental Revolving Cash Funds: Purchasing S705.70; Library $139.96; Police $295.59; Airport $79.10; Recreation and Parks $92.91, was approved. I~-B: STREET LIGHTING: Resolution No. 640l(CCS) entitled: "A IRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA iINSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE TO !PROPERTY OWNERS TO CONSTRUCT STREET LIGHTING ON TWENTY-FIFTH STREET :BETWEEN PEARL AND OCEAN PARK BOULEVARD, ALL WITHIN THE CITY OF 'SANTA MONICA, AND OF ITS INTENTION TO ISSUE BONDS PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 6400-6632", setting a public 1 December 8, 1981 172 . hearing on January 12, 1982, lntroduced November 24, 1981, was adopted. 6-C: PARKING ON CITY STREETS: Ordinance No. 1237(CCS) entitled: "AN ORDINA-"fCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3375D OF THE SANTA MONICA MUNICIPAL CODE RELATING TO IMPOUNDING VEHICLE PARKED ON STREET", introduced November 24, 1981, was adopted. 6-REPEAL OF OBSOLETE MUNICIPAL CODE PROVISIONS: Ordinance No. 1238(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING VARIOUS SECTIONS OF THE SANTA MONICA MUNICIPAL CODE", introduced November 24, 1981, was adopted. 6-F: PUBLIC AUCTION, Resolution No. 6403(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PUBLIC AUCTION OF SURPLUS MATERIALS AND EQUIPMENT". was adopted. . 6-H: FIRE DEPARTMENT. CARDIAC SYSTEM, Bid No. 1679 was awarded to Medical Communications and Instrumentation, Inc. in the amount of $6,307.00 for portable cardiac telemetry system for the Fire Department. 6-1: WATER DIVISION DUMP TRUCK: Bid No. 1690 was awarded to International Harvester Co. in the amount of $61,679.89 for 39,000 gross vehicle weight dump truck/loader for Water Divlsion. END OF CONSENT CALENDAR: 6-E: JOB-SHARING: Presented was a staff report and resolution endorsing job-sharing in City Service. Councilmember Jennings introduced discussion. Councilmember Jennings moved to request staff to report regarding requirements for full or partial benefits of job-sharing employees and the costs. The motion was duly seconded and approved by the fOllowing vote, Council Vote: Unanimously approved 7-0 Councilmember Zane moved to adopt ReSOlution No. 6402(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ENDORSING JOB-SHARI NG IN THE CITY SERVICE", reading by ti tie only and waiving further reading thereof. Second by Councllmember Conn. The motion was approved by the followlng vote: . Council Vote: Unanimously approved 7-0 6-G: CIVIL DEFENSE: Presented was a staff report and resolution designating current personnel as those authorized to flll positions of Director of Civil Defense, Alternate CiVll Defense Director, and Emergency Services Coordinator. Councilmember Zane introduced discussion. Councilmember Zane moved to adopt Resolution No. 6404(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA.."lTA MONICA AUTHORI ZING JOHN H. ALSCHULER, JR., AND WILLARD 2 December 8, 1981 . . . . . 173 KEMP TO EXECUTE DOCUME~TS FOR THE PURPOSE OF OBTAINI~G FINANCIAL ASSISTANCE U~DER THE FEDERAL CIVIL DEFENSE ACT OF 1950", reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 ;6-J: TRAFFIC SIGNAL INSTALLATIONS: Presented was a staff report recommending award of contract to Steiny and Company, Inc. for :construction of traffic signals at IBth Court and 20th Street at ;Pico Boulevard and Cloverf~eld Boulevard at Virginia Avenue in amount of $60,100 and approval of necessary change orders not to exceed $9,900. D~scussion was held as introduced by CouncilMember Zane. Councilmember Zane moved to award Contract No. 3727(CCS) to Steiny and Company, Inc., for construction of traffic signals at 18th Court and 20th Street at pico Boulevard and Cloverfield Boulevard at Virginia Avenue in the amount of $60,100 subject to HUD approval and to author~ze the City Engineer to make necessary change orders to complete the proJect 1n an amount not to exceed $9,900. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: council Vote: Unanimously approved 7-0 ,6-K: AGREEMENT REGARDING DEVELOPMENT AT 1941 EUCLID AVENUE: 'Presented was a staff report recommending approval of an agreement enforcing a hardship condition under Emergency Building Moratorium (Claim No. M-Oll) for property at 1941 Euclid Avenue. ,Councilmember Zane moved to approve Contract No. 372B(CCS) being an agreement enforcing a hardship condition under the Emergency ;Building Moratorium development of a condominium project at 1941 'Euclid Avenue. Second by CouncilMember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Zane Negative: councilmembers Jennings, Reed and Mayor Yannatta Goldway 7-A: STREET LIGHTING: Presented was a public hearing on construction of street lighting on the 200 block of Euclid Street between Georgina Avenue and Brentwood Terrace. The staff report was presented. Discussion was held. Councilmember Reed moved to request staff to report on the status of the budget with regard to street lighting districts so as to reserve funds for projects already requested. After discussion and there being no objection, Mayor Yannatta Goldway requested staff to prepare such a report. The pUblic hearing was declared open at 8:05 P.M. by Mayor Yannatta Goldway. There being no one wishing to speak to the matter, Councilmember Zane moved to adopt Resolut~on No. 6405(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF HIGH PRESSURE SODIUM STREET 3 December 8, 19B1 174 . LIGHTING ON THE 200 BLOCK OF EUCLID BETWEEN GEORGINA AND BRENTWOOD TERRACE, ALL WITHIN THE CITY OF SANTA MONICA", reading 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 7-B: REPAIR OF SIDEWALKS/DRIVEWAYS/CURBS: Presented was a public hearing on confirmation of cost assessments to repair s~dewalks, driveways, and curbs (SR-8l-2lJ. The staff report was presented. The public hearing was declared open by Mayor Yannatta Goldway at 8:07 P.M. There being no one present wishing to speak to the matter, Councilmember Zane moved to close the public hearing at 8:07 P.M. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Councilmember Reed moved to adopt Resolution No. 6406(CCSJ entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-8l-2lJ", read~ng 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 8-A: AIRPORT: Presented was a staff report transmitting a Negative Declaration for approval and an ordinance for adoption repealing the 85 single event noise exposure level, establ~shing a 100 single event noise exposure level at Santa Monica Airport and extending the departure curfew (~ntroduced on October 27, 1981). The public hearing was declared open by Mayor Yannatta Goldway at 8:11 P.M. Tom Kirwan and Chris Sharp spoke in support of the proposed ord~nance. Don Brandsen and Barry Sch~ff spoke in favor of the decibel limit but in opposition to the curfew restriction. William Murrow spoke in oppos~tion to the proposed ordinance. There being no one else wishing to speak, the hearing was declared closed at 8:37 P.M. Discuss~on was held. Councilmember Conn moved to approve the Negative Declaration related to the California Environmental Quality Act and adopt Ordinance No. 1239(CCS) entitled: "~~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ESTABLISH k~ INTERIM AIRPORT NOISE LIMIT OF 100 SENEL AND TO EXTEND THE DEPARTURE CURFEW", reading by title only and waiving further reading thereof. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: . Council Vote: Aff~rmat~ve: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Abstain: Councilmember Reed councilmember Reed requested that the record reflect that her reason for abstaining is that she is unable to bring her best judgment to bear on this matter priMarily because she has not had the opportunity to read or consider either the Negative Declaration 4 December 8, 1981 . . . . . 175 or the Ordinance at hand due to their being delivered to her at 7:30 P.M. that evening. 8-B: AGREEMENT REGARDING DEVELOPMENT AT OCEAN AND COLORADO AVENUES: Presented was a staff report transm1tting an ordinance for reintroduction approving a development agreement with Kendall Realty Co., Inc., for property located at the northeast corner of Ocean Avenue and Colorado Avenue, first introduced November 10, 1981 as Item 8-C. Discuss10n was held, including part1cipation by Michael Miller, attorney representing Kendall Realty Co. The public hearing was declared open at 8:48 P.M. There being no one wishing to speak to the matter, Councilmember Zane moved to close the hearing at 8:49 P.M. Second by Councilmember Conn. The motion was approved by unanimous vote. Councilmember Zane moved to reintroduce an ordinance entitled: "AN ORDINANCE OF THE CITY ~OUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT ETWEEN KENDALL REALTY COMPANY, INC., DOING BUSINESS AS H.J. ENDALL ASSOCIATES, AND THE CITY OF SA...~TA MONICA", reading by title only and waiving further reading thereof, amended to provide for disabled access. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed 9-A: TOXIC CHEMICAL DISCLOSURE FORM: Presented was a staff report submitting a Toxic Chemical Disclosure Form with instructions and a resolution approving it. Discussion was held. Councilmember Zane moved to adopt ReSOlution No. 6407(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA...~TA MONICA APPROVING TOXIC CHEMICAL DISCLOSURE FORM", reading by title only and waiving further reading thereof, amending Part C of the Form to clarify that "quantity" refers to the quantity used on an annual basis, amending Parts C and D of the form to include under the category of Other (D) a request for an explanation, including a zoning map in the packet, amending Part D of the form to avoid double listing by clarifying that if the toxic chemical name is known, use only Part C. Second by Councilmember Press. The motion was approved by the fOllowing vote: Council Vote: Unanimously approved 7-0 ~-B: MID-YEAR BUDGET STATUS REPORT: Presented was a staff report ransmittlng a resolutlon instructlng the City Manager to prepare a id-year budget status report. Councilmember Reed moved to adopt esolution No. 6408(CCS) entitled: "A RESOLUTION OF THE CITY ~OUNCIL OF THE CITY OF SANTA MONICA INSTRUCTING THE CITY MANAGER TO PREPARE A MID-YEAR BUDGET STATUS REPORT", reading by title only and ~aiving further reading thereof. Second by Councilmember Zane. After discussion, the motion was approved by the following vote: 5 December 8, 1981 176 . Council Vote: Unanimously approved 7-0 10-A: CRIME TASK FORCE RECOMMENDATION: Presented was a report and recommendation of the Citizens Task Force on Crime Prevention regarding analysis of preliminary recommendations of the Finance Subcommittee. The City Manager reported that staff would provide the Task Force by January 7th the estimated amount of revenue likely to be raised from the sources of revenue suggested for implementation of Proposition A (Police and Protective Services measure on ballot of April 14, 1981), as requested, and that information in regard to the amount of revenue likely to be available could not be provided until the six months fiscal report is completed. Discussion was held; no additional action was taken. ll-A: Considered after Item 14-D. Il-B: COMPREHENSIVE ECONOMIC DEVELOPMENT PROGRAM: Presented was a staff report recommending that the City Manager be authorized to lnitiate a study of a comprehensive Economic Development Program. Councilmember Reed moved to adopt Resolution No. 6409 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO INITIATE A STUDY OF A COMPREHENSIVE ECONOMIC DEVELOPMENT PROGRAM", reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: . Council Vote: Unanimously approved 7-0 ll-C: SAND AND SEA CLUB (415 PALISADES BEACH ROAD): Presented was a staff report recommending approval of criteria for a Request for Proposal for use of the Sand and Sea Club site and submission of criteria to State Department of Parks and Recreation. Discussion was held. Councilmember Conn moved to hear from members of the public for three minutes each. Second by Councilmember Press. The motlon was approved by unanimous vote. Ida Van der Poorte, representing Hungry Tiger, Inc., requested to be informed of the criteria. Ernie Powell requested reconsideration of the condition regarding rental of cabanas. Further dlScussion was held. Councilmember Reed moved to approve the staff recommendation in regard to the Request for Proposal for use of the Sand and Sea site at 415 Palisades Beach Road approving the criteria as descrlbed ln Items 1-14 of the staff report dated December 7, 1981, revising language to incorporate maximum public accessibility to the facilities, adding as a requirement that the constitution/by-laws and rUles/regulations of any membership organization under consideration for lease of the site be subJect to review and approval by the Council, and further requiring that, if cabanas are to be retained on the site, they be rented annually on a lottery basis; also authorizing submission of these criteria to the State Department of Parks and Recreation for approval. Second by Councilmember Zane. After discussion and wlth consent of the second, Councl1member Reed included in the motion the suggestions of Councilmember Conn that in Criteria Item 13 (Special Populations) low-income persons be specified and that a sentence be . 6 December 8, 1981 . . . 177 added to Item 5 (Additional Beach Access Strategies) that the bidder will contrlbute to and participate in the Joint SCAG-Santa Monica Mountains Recreational Transit Program. After further discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 7-0 12-A: INTERIM DEVELOPMENT PERMIT FOR CONSTRUCTION AT 701 SANTA MONICA BOULEVARD: Presented was an appeal from the action of the Planning Commission approving Interlm Development ReVlew Permit No. 001 for construction of a new three-story office building at 701 Santa Monica Boulevard, previously Item l2-A on November 24, 1981. (Councl1member Conn departed at 10:12 P.M.). Mayor Pro Tempore Edwards moved to grant Interlm Development Review Permit 001 to permit construction of a new three-story office building at 701 Santa Monica Boulevard and authorize the Clty Attorney to enter into Contract No. 3733(CCS) with 701 Corporation incorporating the memorandum from the developer dated December 7, 1981. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Absent: Councilmember Conn Councilmember Reed requested the record to reflect her fundamental and baslc disagreement with this whole process but that she was requested by the developers to vote yes due to their concern that their building may not be able to go forward. Mayor Yannatta Goldway requested the record to reflect her feeling that thlS agreement substantially upholds Council's adopted guidelines even though the developer only has to fulfill 50 percent of them (the housing requirements), because of our long standing process recognizing owner-occupancy, and because the owner is wl11ing to incorporate into the building plans an opportunity for recreation or a parklike setting in conJunction with the building, a condition we have often asked of larger buildings, and she is satisfied the intent of the Council in adopting the Interlm Guidellnes has been met. . (Councilmember Conn entered at 10:15 P.M.) 13-A: SENIOR CITIZENS NUTRITION PROGRAM: A request to speak regarding attendance at the Senior Nutrition Program was withdrawn at the request of Jack Hampton, applicant. . l3-B: PUBLIC HEARINGS: Presented was the request of John Jurenka to address the Council regarding public hearings and public input. Mr. Jurenka requested encouragement of public input and listening to that input. 7 December 8, 1981 178 . l3-C: HOLIDAY SAFETY: Presented was the request of Joseph M. Kaplan, National Safety Council, for an official holiday safety proclamation for December 24, 1981, through New Years weekend. There being no objection, Mayor Yannatta Goldway offered to prepare an appropriate proclamation. l4-A: MUNICIPAL CABLE TELEVISION: Presented was the request of Mayor Yannatta Goldway for discussion of a proposal fram KCRW for a grant to the City from the Foundation for Community Service Television to activate the municipal cable channel. Discussion was held, as introduced by Mayor Yannatta Goldway. Mayor Yannatta goldway moved to approve in concept the proposal from KCRW radio and to request staff to research it further and report to Council with more precise recommendations; further to request staff to research expanded municipal or public access for cable television including contacting and working with several experts in the community who have researched this field and report on further steps to be taken. Second by Councilmember Conn. After discussion, the motion was approved by the following vote: . Counc~l Vote: Unanimously approved 7-0 14-B: SMOKE DETECTORS: Presented was the request of Mayor Pro Tempore Edwards for discussion of the required installation of smoke detectors. Mayor Pro Tempore Edwards yielded his time to James Baker. Mr. Baker requested the smoke detector installation deadline be extended to lessen the immediate expense. Discussion was held. Councilmember Zane moved to direct staff to report regarding ~mplications of an extension and recommendations. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 14-C: BI-LATERAL NUCLEAR FREEZE PETITION: Presented was the request of Mayor Pro Tempore Edwards for discussion of mobilization of the B~-Lateral Nuclear Freeze Petition. Mayor Pro Tempore Edwards yielded his time to Dan Cohen. Mr. Cohen spoke in support of the California Bi-Lateral Nuclear Weapon Initiative Pet~tion which is circulating for placement on the November 1982 ballot. Councilmember Conn moved to continue discussions past 11:00 P.M. Second by Councilmember Zane. The motion was approved by unanimous vote. Councilmember Zane requested that the matter of the Bi-Lateral Nuclear Freeze Petition be placed on the Council agenda of December 15, 1981. . l4-D: REPAIR OF DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Councilmember 'Conn moved to adopt Resolution No. 64l0(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 6396 TO CONTINUE THE HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-81-22)", reading by title only and waiving further reading thereof, continuing the public hearing scheduled for December 22, 8 December 8, 1981 . . . . . 179 1981, to January 12, 1982. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 II-A: CLOSED SESSION: At 11:03 P.M. Councilmember Conn moved to 'adjourn to Closed Session for the purpose of discussing pending litigation and personnel matters. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Councll reconvened at 12:44 A.M. with the fOllowing members present: Councilmembers Conn, Jennings, Reed, Edwards, Zane and Mayor Yannatta Goldway. Mayor Yannatta Goldway moved to approve payment of judgment in the case of Wrlght vs. City (Los Angeles Superior Court case C-192759) in the amount of $30,457.55. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Press Councilmember Conn moved to approve an employment contract with John H. Alschuler, Jr., appointed as City Manager. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Councll Vote: Unanimously approved 6-0 Absent: Councilmember Press Mayor Yannatta Goldway reported that pursuant to legal counsel, 'staff has been directed to amicably resolve litigation with Lincoln Properties regarding Ocean Park Redevelopment Project. ADJOURNMENT: At 12:50 A.M. Councilmember Reed moved to cancel the meeting of December 22, 1981, and to adjourn the meeting of December 8, 1981, to 7:30 P.M., Tuesday, December 15, 1981, for the purpose of considering continued items, and that the meeting be adjourned in memory of John Lennon who died a year ago, Natalie Wood, Police Dog Pascha, and Jack Albertson. Second by Mayor Pro Tempore Edwards. The motion was approved by the fOllowing vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Press ATTEST: a~); ~1." ' ",' . Je kj f/.JVce ~~L~ GOldZ,/..t-, 0 Ann M. Shore Clty Clerk Ruth Mayo 9 December 8, 1981 . . . .