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M-4/27/1982 . . . . 287 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 27, 1982 iA meeting of the Santa Mon~ca City Council was called to order by Mayor Vannatta Goldway at 7:30 P.M., Tuesday, April 27, 1982. Mayor Vannatta Goldway led the assemblage in the pledge of allegiance to the United States of America and introduced Reverend Stephen Hutchison, Trinity Baptist Church, who offered the invocation. Roll Call: Present: Mayor Ruth Vannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Counc~lmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Acting City Clerk Connie L. McNeely Councilmember Conn moved to add Items 4-C, 6-N, 14-B, 14-C, l4-D and 14-E to the agenda. Second by Mayor Vannatta Goldway. The mot~on was approved by unan~mous vote. 4-A: ARTS TASK FORCE: Mayor Vannatta Goldway presented Certificates of Appreciation to the members of the Arts Task Force. 4-B: REMEMBRANCE OF VICTIMS OF THE HOLOCAUST: Mayor Vannatta Goldway presented a proclamation for the Remembrance of the Victims of the Holocaust. The proclamation was accepted by Mr. Nick Goldenfeld, President of the Western Region of the Jewish i Federation. 4-C: HEALTH FAIR EXPO '82: Mayor Vannatta Goldway presented a commendation congratulating Santa Mon~ca Hospital Medical Center on the occasion of the Health Fair Expo '82. 5-A: DRAFT REGISTRATION: Presented was the request of Councilmember Conn for a discussion of a resolution regarding draft registration. Councilmember Conn opened discussion. councilmember Conn moved to hear members of the public for three minutes each. Second by Councilmember Zane. The motion was approved by a vote of six-one, Councilmember Reed opposed. The following persons spoke in regard to the matter: Jerry Rubin, Ron Kovic, Rhoda Shapiro, Gerry Condon, Ward Preston, Beto Rosado, Marvin Grayson, Angi Whittemore, Larry Tivin, Dorothy Doyle, John Davis, Jerry Bregmen, John Leddy, Ken Donney, Joel Jaffer, Bruce Campbell, David Wayte, Johnathan Resistor, and Mary Kay Kamath. Discussion was held. 1 April 27, 1982 288 . Councilmember Conn presented language for a proposed resolution on registration and the draft. Councilmember Conn moved to authorize and instruct the City Attorney to develop a resolution similar in language to his proposed resolution regarding opposition to the reinstatement of the military draft and draft registration, and calling upon the Board of Education of the Santa Monica-Malibu Unified School district and the Board of Trustees of Santa Monica College to establish and implement a policy of prov~ding information and counseling to students regarding enlistment, registration and the draft. Second by Councilmember Zane. Discussion was held. Amend~ng his original motion with the consent of the second, Councilmember Conn moved to direct the City Attorney to prepare a resolution opposing draft registrat~on and the draft using language from his proposed resolution and language suggested by the Mayor on political concerns regarding the draft as a mechanism for enhancing a military stance in the United States. After further discussion, the motion was approved by the following vote: .. Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Edwards, Jenn~ngs and Reed Councilmember Conn moved to authorize the City Attorney to prepare a resolution urging the Santa Monica-Malibu Unified School Distr~ct and the Board of Trustees of Santa Monica College to develop a policy providing information and counsel~ng to students regarding enlistment, registration, and the draft from sources other than military recruiters of the selective service system. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6. CONSENT CALENDAR: The consent calendar was presented. Councilmember Conn moved to approve the Consent Calendar with the exception of Items 6-C, 6-E, 6-K, and 6-N, reading resolut~ons 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 . 6-A: APPROVAL OF MINUTES: The minutes of March 16, 1982, March 23, 1982, March 30, 1982, April 6, 1982 and April 13, 1982 were approved. 6-B: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 6472(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR k'ilY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS. (SR-82-27) ," setting a hearing for May 25, 1982, was adopted. 2 April 27, 1982 . . . . . 289 6-D: ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM: Resolution No. 6474(CCS) ent~tled: "RESOLUTION OF THE CITY COUNCIL OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE I'ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR DEVELOPMENT OF SANTA MONICA PARKS," was adopted. 6-F: ELECTRICIAN/TRAFFIC OPERATIONS SUPERVISOR/EQUIPMENT OPERATOR I/SANITATION COLLECTOR/WATER CONSTRUCTION AND MAINTENANCE SUPERINTENDENT/WATER PRODUCTION AND TREATMENT SUPERINTENDENT: Resolution No. 6476(CCS) entitled: "A RESOLUTION OF THE CITY ,COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING WAGES FOR [ELECTRICIAN," was adopted and classification specifications for Electrician, Equipment Operator I, Sanitation Collector, Water !Construction and Maintenance Superintendent, and Water Production and Treatment Superintendent were approved. '6-G: PARAMEDIC TRAINING: A recommendation to oppose Los Angeles County Department of Health Serv~ces proposal to charge for paramedic training was approved. 16-H: SENIOR RECREATION CENTER: A recommendation for appropriation 'of $4,905 for furnishing and landscaping of Senior Recreation Center addition was approved. 6-1: TYPEWRITERS: A recommendation for approval of purchase of ,two typewriteres for City Manager's office was withdrawn at the I'request of staff. ,6-J: CRT TERMINAL: A recommendation for approval of emergency purchase of CRT Terminal for Finance Department was withdrawn at the request of staff. 6-L: AUTOMOTIVE REPAIR SERVICES: B~d No. 1727 was awarded to George Ozawa Generator and Starter for period of May 1, 1982 I through April 30, 1983 for automotive repair services. 16-M: FIRE HOSE: Bid No. 1730 was awarded to Wardlaw Fire Equipment in amount of $6.564.58 for fire hose for Fire Department. END OF CONSENT CALENDAR 6-C: STREET LIGHTING REGULATIONS: Presented was a resolution irequesting the Public Utilities Commission to revise street !lighting regulations. Councilmember Press opened discuss~on. Councilmember Press moved to adopt Resolution No. 6473(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE PUBLIC UTILITIES COMMISION TO REVISE STREET LIGHTING REGULATIONS," read~ng by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was I approved by the following vote: i Council Vote: Unanimously approved 7-0 3 April 27, 1982 290 . 6-E: PIER AND BEACH PARKING FEES/FIREWORKS: Presented was a resolution authorizing the City Manager to set Pier and Beach parking fees in an amount not to exceed $3.00 per day, with the exception of four dollars on July 4th, and a recommendation for an appropriation of $10,000 for fireworks. Councilmember Reed introduced discussion. Councilmember Zane moved to refer the matter to staff for the preparation of a resolution making it the authority of the City Council, as opposed to that of the City Manager, to establish the parking rates on the Pier and a resolution raising the Pier parking rates to $4.00 on July 4th. The motion died for lack of a second. Discussion was held. Mayor Yannatta Goldway moved to adopt Resolution No. 6475(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, AMENDING SECTION 2A OF RESOLUTION NUMBER 1786(CCS) PERTAINING TO THE RULES AND REGULATIONS FOR THE OPERATION OF PARKING LOTS ON THE BEACH AND AMENDING SECTION 2A OF RESOLUTION 5421(CCS) PERTAINING TO THE OPERATIONS OF THE PARKING LOT ON THE SANTA MONICA PIER," reading by title only and waiving further reading thereof, and to approve an appropriation of $10,000 for 4th of July fireworks. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Reed and Mayor Yannatta Goldway Negative: Councilmembers Press and Zane 6-K: STREET RESURFACING AND SLURRY-SEALING: Presented was a recommendation for an award of contract to SUlly-Miller Contracting company in the amount of $1,006,446.50, and appropriation of $364,934 of County Gas Tax funds, and authorization to the City Engineer to determine the work for the 1981-82 street resurfacing and Slurry-sealing project. Councilmember Zane opened discussion. Councilmember Zane moved to approve the staff recommendation, thereby, in regard to street resurfacing and slurry-sealing, awarding Contract No. 3767(CCS) to Sully-Miller Contracting Company in the amount of $1,006,446.50, subject to approval by HUD; appropriating County Gas Tax funds in the amount of $364,934; and authorizing the City Engineer to extend or delete portions of the work to the extend of funds available. Second by Councilmember Reed. The motion was approved by the following vote: .. Council Vote: Unanimously approved 7-0 6-N: SWING GATE: Presented was a recommendation for an award of Bid No. 1716 for a swing gate and control mechanism for the C~ty Yards. Councilmember Press opened discussion. Councilmember Press moved to award Bid No. 1716 to Parking Facilities Equipment Corporation in the amount of $11,376.85 for a swing gate and control mechanism for the C~ty Yards. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 4 April 27, 1982 . . . . . 291 I !7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a public hearing on the assessment of costs to repair damaged sidewalks, driveways. and curbs (SR-81-25). The staff report was presented. The public hearing was declared open at 9:40 P.M. There being no one wishing to speak on the matter, Councilmember Zane moved to close the pUblic hearing at 9:41 P.M. Second by Councilmember Conn. The I'motion was approved by unan~mous vote. Councilmember Zane moved to acknowledge any protests and to adopt Resolution NO. 6477(CCS} 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-81-25)," reading by title only and waiving further reading : thereof. Second by Mayor Vannatta Goldway. The motion was approved by the following vote: Absent: Counc~lmember Reed Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 7-B: COMMUNITY DEVELOPMENT BLOCK GRANT: Presented was a public hearing on the final eighth year Community Development Block Grant (CDBG) Program. The staff report was presented. Discussion was held. The public hearing was declared open at 10:35 P.M. Mayor ;Yannatta Goldway moved to hear members of the public for three Iminutes each. Second by Councilmember Conn. The motion was approved by unanimous vote. Councilmember Conn moved to extend the meeting beyond 11:00 P.M. Second by Mayor Vannatta Goldway. The motion was by a vote of 5-2, Councilmembers Reed and Jennings opposed. The following persons spoke in regard to the matter: ,Tammy Harper, Joy Collins, Ann Doczi, Betty Macias, Linda Nikolai, Barbara Jo Osborne, Blanche Rosloff. Molly I. Williams, Isador Ruiz, Luisa Martinez, Teresa Lepe, Cricket Dellenbaugh, Richard Schneidmiller, Edward Carson, Arrie Bachrach, Al Ortiz, Loretta IKaplan, Ventura Hernandez, Gaye Follmer Deal, Clare A. Braufman, IMarian Winster, Larry Ephron, Raymond Esparza. Art Sanchez, Dorothy I Burnett, and Brenda Gonzalez. Councilmember Zane moved to close the public hearing at 12:06 A.M. Second by Councilmember Conn. The motion was approved by unanimous vote. Discussion was held. Mayor Pro Tempore Edwards moved to approve the staff recommendation, thereby approving the reprogramming of $60,000 in CDBG funds currently budgeted for energy conservation and the $20,000 in revenue received from the housing rehabilitation I program; approving the Statement of Community Development IObjectives and Projected Use of Funds. which includes the projects ,and activities recommended by City staff, and authoriz~ng the City :Manager to submit same to BUD; and adopting Resolut~on No. 6478(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING SUBMISSION OF THE 1982-83 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT," reading by title only and waiving further reading thereof. Second by Councilmember Zane. Discussion was held. With . the consent of the second, Mayor Pro Tempore Edwards amended his 5 April 27, 1982 292 . motion, as suggested by Councilmember Conn, to remove the specific designation for street improvements in the Pico Neighborhood for Eleventh Street between Pico Boulevard and Santa Monica Freeway and Colorado Avenue between Eleventh and Twentieth Streets, as stated in the staff report, and to make specific designation after consulting with the Pico Neighborhood residents. Further discussion was held. Councilmember Jennings moved to amend the motion by withdrawing the $100,000 designation to Pico Neighborhood Street improvements as stated in the staff report, to make it available for allocation to other Pico Ne~ghborhood proJects. Second by Councilmember Zane. Following discussion, the motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Edwards, Jennings, Press, Zane and Mayor Vannatta Goldway Negative: Councilmembers Conn and Reed . After further discussion, Mayor Pro Tempore Edwards motion as amended was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmember Jennings Discussion was held regarding the acceptance deadline for proposals for CDBG funds. Mayor Yannatta Goldway moved to not extend the deadline and to only consider those applications that were submitted in a timely fashion, and to ask staff to review them and to make recommendations on possible reallocation of the $100,000. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Reed and Mayor Vannatta Goldway Negative: Councilmember Zane Mayor Yannatta Goldway moved to continue Items 12-B, 12-C, 12-D, 12-E and 12-F to May 4, 1982. Second by Councilmember Conn. The motion was approved by unanimous vote. Mayor Yannatta Goldway moved to hear Items 13-A, 12-A, and Il-B, in that order, and to continue all remaining items to May 4, 1982. Second by Councilmember Conn. The motion was approved by vote of 6-1, Councilmember Reed opposed. . 8-A: COMMU~ITY DEVELOPMENT BLOCK GRANT PROCEDURES: Continued to May 11, 1982. 10-A: THELMA TERRY CENTER: Continued to May 4, 1982. 6 April 27, 1982 . . . . . 293 ll-A: SOCIAL INVESTMENTS: withdrawn at the request of staff. 13-A: DATING SERVICE: Presented was the request of Joan G. Dabah to address Council regarding a dating serv~ce. Ms. Dabah spoke in regard to her desire to start a dating service in Santa Monica. No action was taken. 12-A: HEARING EXAMINER CASE NO. HE-003jMASSAGE PARLOR: Presented was the appeal of Kum Ja Chon from the decision of the Hearing Examiner in Case No. HE-003 regarding the suspens~on of pOlice permit to operate a massage parlor and to be a masseuse. C~ty Attorney Myers recommended to hear those speaking on the matter for ten minutes each. Robert J. Davis, attorney for the appellant, spoke on the matter for 20 minutes. Councilmember Conn moved to hear Mr. Davis for an add~tional five minutes. Second by Mayor Vannatta Goldway. The motion was approved by unanimous vote. Mr. Davis continued. Santa Mon~ca Police Detective Nancy Miehle spoke in support of the Hearing Examiner's decision, which resulted in a three month suspension of Kum Ja Chon's police permit to operate a massage parlor and to be a masseuse with the requ~rement that she reapply for a new permit following the suspension period. Discussion was held. Mayor Pro Tempore Edwards moved to deny the appeal of Kum Ja Chon and to uphold the decision of the Hearing Examiner in Case No. HE-003. Second by Mayor Vannatta Goldway. Further discussion was held. Councilmember Jennings requested that it be made clear for the record that the standard was not whether Council thought that the Hearing Examiner had a made a mistake, but rather whether, based upon the evidence, Council would reach the same decision. Councilmember Reed requested that the record reflect that, after having thoroughly reviewed the information, she would arrive at the same decis~on as the Hearing Examiner and, therefore, did not see any need to overturn the decision of the Hearing Examiner. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 12-B: INTERIM DEVELOPMENT PERMIT NO. DR 038: Continued to May 4, 1982. 12-C: INTERIM DEVELOPMENT PERMIT NO. DR 039/933 NINTH STREET: Continued to May 4, 1982. i 12-D: INTERIM DEVELOPMENT PERMIT NO. DR 040jZONING ADMINISTRATION CASE NO. 4502: Continued to May 4, 1982. l2-E: INTERIM DEVELOPMENT PERMIT NO. DR 046/Z0NING ADMINISTRATION CASE NO. 321 C.U.P.: Continued to May 4, 1982. 12-F: INTERIM DEVELOPMENT PERMIT NO. 050: Continued to May 4, 1982. 12-G: VESTED RIGHT NO. M083: Continued to May 4, 1982. 14-A: SENIOR HOT LUNCH PROGRAM.: Continued to May 4, 1982. 7 April 27, 1982 294 . 14-B: SOCIAL INVESTMENT POLICY: Continued to May 4, 1982. 14-C: PRESIDENT'S FOREIGN AND DOMESTIC POLICY: Continued to May 4, 1982. 14-D: COMMUNITY COLLEGE WEEK: continued to May 4, 1982. Il-B: CLOSED SESSION: At 1:36 A.M., Councilmember Conn moved to recess to Closed Session to consider pending litigation and personnel matters. Second by Councilmember Press. The motion was approved by unanimous vote. At 2:05 A.M., Council reconvened with the following members present: Mayor Pro Tempore Edwards, Councilmembers Conn, Press and Reed. RICHLAR PARTNERSHIP: Mayor Pro Tempore Edwards announced that a mutual general release and settlement agreement, Contract ~o. 3768(CCS), had been reached with Richlar Partnership. 14-E: SPECIAL MEETING WITH REDEVELOPMENT AGENCY: Presented was the request of Mayor Yannatta Goldway to discuss the possibility of a special Joint meeting of the City Council and the Redevelopment Agency on May 4, 1982 at 7:30 P.M. There being no objection, Mayor Pro Tempore Edwards announced that a special joint meeting of the City Council and Redevelopment Agency would be held on May 4, 1982 at 7:30 P.M. for the purpose of holding a public hearing on the off-site amenities resulting from the settlement agreement with Lincoln Property Company. i ADJOUfu~MENT: At 2:09 A.M., Councilmember Conn moved to adjourn to May 4, 1982, at 7:30 P.M. for the purpose of holding a Joint meeting with the Redevelopment Agency and considering continued items; adjournment to be in memory of John McAleavey, Winston B. Newell, Arlys A. Thun, Dorothy C. Menke, Dorothy Raymond Negus, Georgia B. Greene, and Gabriella Leon. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings, Zane and Mayor Yannatta Goldway fZO~"'; < ~<A<"" nnaUa Go,';!;,,<~d . ATTEST: (J. ' uJlltl c ~ l'D>L"1&- "I -=. l 0 Connie McNeely Acting City Clerk 8 April 27, 1982 .