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M-4/25/1978 CITY OF SA~TA MONICA CITY COUNCIL PROCEEDI~GS April 25, 1978 . I A regular meetIng of the Santa :-!onlca City CouncIl was called to order at . 7: 30 P.:-!. by Mayor Donna O'BrIen S,,,ink ,;ho led the assemblage in the Pledge of Alleglance to the UnIted States of AmerIca. Mayor Swink then introduced Reverend John Shaw, ChaplaIn, Santa ~onlca Hospital, who offered the invocatIon. Roll Call Present: Mavor Donna O'Brien Swink Mayor Pro Tempore Seymour Cohen Councilmember John J. Bambrick Councilmember ChrIstIne Reed Councllmember Perrv Scott Councllmember Kathaniel Trlves Councllmember Pleter van den Steenhoven (arrIved at 8:04 P.~.) Citv Manager James D. Klll1ams CIty Attorney Richard Knlckerbocker CIty Clerk Joyce Snider Ab S en t : ~one . Agenda Item 4-A' Presented at thIS time was a merlt award to Lleutenant BIlly Klng of the Santa ~!onica PolIce Department. Agenda Item 4-B' Presented at this tlme ",as a resolution honoring Christian F. Steinle, a veteran of the Spanish-American Kar, on the occaSlon of hlS 100th bIrthday on ~ay 3, 1978. Councilmember Trlves moved to adopt Resolution No. 5000[CCS) entitled' "1\ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA CO~r~ENDING CHRISTIAN F. STEIxLE i ON THE OCCASIOK OF HIS lOOTH BIRTHDAY", reading by title only and ,;alvlng! further reading thereof. Second by Mayor Pro Tempore Cohen. Councll Vote: Affirmatlve: Councllmembers Bambrick, Cohen, Reed, Scott, Trives, SWlnk l'Iegatlve: None Absent: Councllmember van den Steenhoven Agenda Item 4-C' Mavor Swink presented a plaque of appreciation to outgolng HousIng Com~lssloner Arthur RInck. Consent Calendar: . The Consent Calendar was presented by the Clty Clerk after WhlCh Councll- member Trives moved to approve the Consent Calendar, with the exception of Agenda Items 6-D and 6-G, adopting the resolutions thereIn, readIng , by tltle only and walving further readlng thereof. Second by Council- ! member Reed. Council Vote: Afflrmatlve: Councllmembers Bambrick, Cohen, Reed, Scott, TrIves, SWlnk ~egative: Kone Absent: Councllmember van den Steenhoven Agenda Item 6-A: The minutes of the special City Council meeting held March 28, 1978 and the City Councll meetlng held April 11, 1978 were approved as mailed. Agenda Item 6-B: A request for reImbursement of departmental revolving cash funds: AdmInIstrative Services - $133.31, RecreatIon and Parks - 5118.26, was approved. 1 . 343 Men t a\;ard to L t. Bllly KIng Resolutlon SOOO honoring Christian F. Stelnle on his 100th buthd8y Plaque presented Arthur Rmck 344 Resolution 5001 Claims ResolutlOn 5002 Contract 3010 setting rental charge for parkmg structures for flscal year' 78-79 ! Resolutlon 5003 Contract 3011 Ci ty Manager to negotlate directly parking meter repair Contract 3005 I addition to Fire Dept.' Headquarters . Contract 3006 I deJJXllition of 2 bldgs in IbMltmm Redevelop~ ment area Settlement of clalm Halla LlIlUni Contract 3007 IDITA agreement for purchase of buses Resolutlon 5008 to condelllll property located at 1631 - 9th Street ResolutlOn 5004 - Contract 3012 Ci ty Manager to negotlate duectly for purchase of lllcrofl1m equipment Agenda Item 6-C Resolution ~o. 500l(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA RATIFYING THE COMPROMISE OF ! CLAD1S FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED IN ~IARCH, 1978", '''as adopted. Agenda Item 6-E: Resolutlon No. 5002(CCS) entltled: "A RESOLUTIO}; OF THE CITY COUNCIL OF THE CITY OF SAKTA ~ONICA A~ENDING SECTIOX 5 AKD l6(A) OF CONTRACT XO. 1688 (CCS)", settlng rental charge fo r parhng structures for flscal year 1978-79 pursuant to lease wlth the Parklng Authorlty, was adopted and Contract No. 30l0(CCS) was approved. Agenda Item 6-F: Resolution No. 5003(CCS) entltIed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVIKG BID PROCEDURE A~D AUTHORIZING THE CITY ~~KAGER TO NEGOTIATE DIRECTLY FOR THE PURCHASE OF PARKI~G METER REPAIR PARTS AKD RE~i~NUFACTURE", was adopted, approvlng Contract Ko. 3011(CCS). . Agenda Item 6-H: Contract No, 3005(CCS) for deslgn and constructlon of additlon and remodeling of Flre Department Headquarters was awarded to Joseph W. Eubanks ln the amount of $80,535. Agenda Item 6-1: Contract No. 3006(CCS) for demolition of two buildlngs located ln the Downtown Redevelopment ProJect area was awarded to Economy Land Clearlng & Wrecklng Co. ln the amount of 54,245 by lssuance of P. O. No. 36400 and to Gerry Blackshler Wrecklng Co. ln the amount of 57,300 by issuance of P. O. No. 36401. Agenda Item 6-J The settlement of a clalm entitled MalIa Llmml vs. the Clty of Santa ~onlca, Case No. WEC38080 was approved as recommended by staff in the amount of 515,000 payable to ~alla Alexandra Llmmi and Lester ~. Flelschner. . Agenda Item 6-K: City ~anager was authorized to execute Contract No. 3007(CCS) with Urban Mass Transportatlon Administratlon to obtaln grant funds for purchase of buses, bus benches and implementatlon of U~TA Transportation accounting system. ThlS ended the Consent Calendar. Agenda Item 6-D. Presented at thlS time was a resolutlon of lntention to condemn property located at 1631 Kinth Street. After dlScusslon Mayor Pro Tempore Cohen noved to disapprove the resolutlon of intentlon to condemn property located at 1631 Nlnth Street. Second by Council- member Reed. The motlon failed on the followlng vote: Council Vote: Afflrmatlve Councllmembers Cohen, Reed Negatlve: ! Councilmembers Bambrlck, Scott, TrlVeS,j Swink I Absent: Councilmember van den Steenhoven Councllmember Scott moved to adopt Resolutlon Ko. 5008(CCS) entlt1ed: "A RESOLUTIOK OF THE CITY COUXCIL OF THE CITY OF SANTA MO:.rICA FINDI:\G AXD DETERMINING THE PUBLIC IXTEREST, CONVENIEKCE A'ID NECESSITY FOR ACQUIRING, AND AUTHORIZIXG THE CONDE~NATION OF THE FEE TITLE TO CERTAIN . REAL PROPERTY FOR A PUBLI C USE, TO WIT: A PUBLI C WAY", readlng by ti tIe only and wai vlng further reading thereof. Second by CounCllmember Tri yes!. Councll Vote: Afhrmative: Councilmembers Bambrlck, Scott, Swink Trives " I I Negative: Councilmembers Cohen, Reed Absent. Councllmember van den Steenhoven Agenda Item 6-G: Presented at thlS tlme was a resolutlon walving the competltive bld procedure and authorlzing the City Clerk to negotiate directly for purchase of microfilm equlpment. After diSCUSSion, Council- member Scott moved that the request of the City Clerk be denied and that the Clty ~anager's offlce lnstruct the Purchasing Department to review the matter and that it be returned to Council. The motlon falled for 2 . . . . . lack of a second. After dISCUSSIon Councllmember Trives moved to approve the request wIth the CIty Manager authorIzed to negotiate the purchase, thereby approving Contract Xo. 30l2(CCS) and adoptIng ResolutIon No. 5004(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA WAIVING FOR~~L BID PROCEDURE AND AUTHORIZING THE CITY ~~~AGER TO NEGOTIATE DIRECTLY FOR THE PURCHASE OF MICROFILM EQUIPME~T", readIng by tItle only and waIving further readIng thereof. Second by Councllmember Reed. CounCIl Vote: AffirmatIve: Councllmembers BambrIck, Cohen, Reed, Trlves, SWInk Negative. Councllmember Scott Absent: Councllmember van den Steenhoven Mayor SWInk presented a plaque of appreCIatIon to outgoing Personnel Board Member Martha Evans. Agenda Item 7-A: Presented at thIS time was a publIC hearIng to determine the publIc convenIence and necessity of granting taXIcab permIts. The proof of publIcatIon was ordered filed by Mayor Swink. Staff requested continuance of the publIC hearIng to May 23, 1978 to enable consideratIon of the former Santa MonIca Cab Company whIch is now back In bUSIness. After dISCUSSIon Councllmember Trlves moved to contInue to May 23, 1978 the scheduled public hearing to determine the publIC convenIence and necessity of grantIng taxicab permIts. Second by Councilmember Bambrick. CounCIl Vote: AffirmatIve: Councilmembers BambrIck, Cohen, Reed, Scott, Trlves, SWInk NegatIve: :-.lone Absent: Councilmember van den Steenhoven (Councilmember van den Steenhoven arrived at the meetIng at 8'05 P.M.) Agenda Item 7-B: Presented at this tIme was a public hearIng to hear protests and confirm assessment of costs for Tree PlantIng DistrIct No. 1 on LIncoln Blvd. between the Santa MonIca Freeway and Broadway. By order of Mayor SWInk the proof of publIcation and certIfIcate of postIng were flIed and the public hearing was opened at 8:04 P.M. There beIng no one present to speak eIther for or agaInst the matter, Mayor SWlllk ordered the public hearing closed at 8:05 P.M. )'Iayor Pro Tempore Cohen moved to adopt ResolutIon No. 5005(CCS) enutled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDE:H OF STREETS REGARDING TREE PLANTING DISTRI CT NO.1" reading by tItle only and waIVIng further reading thereof. Second by Councllmember Reed. CounCIl Vote: UnanImously approved 7-0 Agenda Item 7-C: Presented at this time was a public hearing regarding the proposed vacatIon of Montana Place North from Fourteenth Street to Fifteenth Street to provide for Improved off-street parking at the FireSIde Plaza. By order of Mayor SWInk the proof of publicatIon and certificate of mailing were flIed and the publIC hearing was opened at 8:06 P.M. Mrs. Gertrude Shlnbane requested that reSIdents of the area be assured of one-way access on the alley between Alta and Montana Avenue. Chet Smolarskl requested that residents of the neIghborhood be protected from the glare of commerCIal lIghtIng and that commercial roof top equipment be aesthetIcally Improved. There beIng no other request to speak to the subject the public hearIng was closed at 8:10 P.M. It was ascertaIned that the CIty retaIns the publIC access and that the PlannIng CommISSIon recommendatIon endorsed the conditIon that lIghtIng and screenIng of roof-top eqUIpment be approved by the Archltectual Revie.... Board. Councllmember Trlves moved to adopt ResolutIon No. 3 345 Pubhc heanng regardIng taXIcab pem ts contlnued to ~Jay 23, 1978 Resolution 5005 Assessment of costs for Tree Plantlllg Ihstrict No. 1 Resolution 5006 vacatlOn of Montana Place ~orth from 14th Street to 15th Street 346 CIty Attorney to draft ordmance of an appendix chapter to the Santa ~'bmca Bmlding Code regula- ting covere d mall bm 1 dings ResolutIOn 5007 Contract 3008 agreement with Southern CalifornIa EdIson Company for relocatIOn of utilitv hnes for the Ib"n- ' tOwn Redevelopment Project Street Improvements on the south SIde of Colorado Avenue between 7th Street and Lincoln Blvd. Lease addendum for expanSIOn of Hamburger Haven referred to staff 5006(CCS) entItled: "A RESOLUTIOri OF THE CITY COU:'<CIL OF THE CITY OF SA~TA ~ONICA ORDERI~G THE VACATION OF THAT PORTION OF THAT CERTAIN ALLEY KKOWN AS ~lO;><TANA PLACE KORTH FRml FOURTEENTH STREET TO FIFTEENTH STREET, l~ THE CITY OF SANTA '.IOI'<ICA, CALI FORI'<IA" , the resolutIon to be amended t include proviSIons to protect adJacent reSIdences from commercial lIghtI g and for screening of roof-top equIpment as recommended by the PlannIng . CommISSIon. Second bv CouncIlmember Reed. CounCIl Vote' Unanimously approved 7-0 Agenda Item 10-A: Presented at thIS tIme was a recommendatIon of the BUIldIng and Safety Commission for adoption of an AppendIX Chapter to the Santa MonIca BUIldIng Code to regulate certaIn deSIgn features of covered mall bUIldIngs. CouncIlmember Trives moved that the City Attome, be Instructed to prepare an ordinance amendIng the Santa Monica Munlclpa Code to incorporate alternatIve deSIgn standards for covered mall build- Ings into the Santa Monica BUIlding Code. Second by Coucllmember van den Steenhoven. Councllmember Trlves requested that the record Include reference to commendatory letters received regarding the expertIse of BUIldIng Officer Rome, who wrote the CIty staff report on the subject under dISCUSSIon. Ihe motion "as approved by the follOWIng vote' CounCIl Vote: Unanimously approved 7-0 The City CounCIl convened at 8:18 P.M. as the Parking AuthorIty in Joint meeting WIth the CIty CounCIl WIth all members present at the roll call. Agenda Item II-A: Presented at thIS tIme was a recommendation for approval of an agreement WIth the Southern CalifornIa EdIson Company for relocatIon of utIlity lInes for the Downtown Redevelopm~nt ProJect. CouncIlmember Trives moved adoptIon of Resolution No. 5007(Clty CounCIl Senes) and ResolutIon No. 149(Parklng Authonty Senes) entitled: "A RESOLUTIOii OF THE CITY COUKCI1 OF THE CITY Of SA~TA MOKI CA A:'<D THE PARKDfG AUTHORITY OF THE CITY OF SANTA MOriICA REGARDING THE AUTHORIZATIO OF A CONTRACT, (Contract No. 3008(CCS)) AND THE FURNISHING OF FUNDS THEREFOR, WITH THE SOUTHER)) CALIFORNIA EDISON COMPANY IN COriiiECTION WITH THE RELOCATION OF ITS FACILITIES", reading by tItle only and waIVIng further readIng thereof. Second by Councilmember van den Steenhoven. After diSCUSSIon CouncIlmember Trlves' motion was approved by the follm\'ing vote: CounCIl Vote AffirmatIve: Councilmembers BambrIck, Cohen, Scott, Trlves, van den Steenhoven Negati ve: Councilmember Reed The ParkIng Authority meetIng adjourned at 8:23 P.M. bv order of Mavor SWInk. The CIty CounCIl meetIng then proceeded as follows: ' Aoenda Item Il-B: Presented at this tIme was a recommendatIon for ~~thorizatlon of street Improvements on the south SIde of Colorado Avenue between Seventh Street and LIncoln Boulevard and approprIatIon of Gas Tax Funds In the amount of $80,000. Councilmember van den Steenhoven moved the staff recommendatIon, I.e. that staff be authorIzed to proceed with street Improvements on the south SIde of Colorado Avenue from Seventh Street to approXImately 300 feet east of LIncoln Boulevard and that $85,000 In unappropnated Gas Tax Funds In Account No. 43-939- 000 be approprIated for thIS purpose. Second by Councllmember Trives. CounCIl Vote UnanImously approved 7-0 Aaenda Item ll-C: Presented at this time was a recommendatIon for ~pproval and executIon of a lease addendum for expansion of Hamburger Haven, a restaurant on Santa MonIca PIer, terms to include an origInal fIve-year lease WIth prOVISIon for three five-year renewals, an annual minImum rent, an annual percentage of gross sales, a rental offset to reimburse the lessee for expenses of pIer deckIng and pIling, and a maIntenance fund to be paId by the lessee to the CIty. After dIScussion CouncIlmember Trives moved to refer to staff for further InvestIgation and report on the lease addendum for expanSIon of Hamburger Haven, a restaurant on Santa ~onlca PIer, and a defInItIon of what constItutes 4 . . . . . . . the Pler. Second by Councilmember Reed. Council Vote: Unanlmously approved 7-0 Agenda Item Il-D: Presented at thlS tlme was a recommendatlon for authorizatlon of expendltures for emergency repalr at City facllltles and property damaged by recent storms. Councllmember Trlves moved both staff recommendations, i.e. that the Council decla're the storm debrls on the bluffs below Palisades Park to be an extraordlnarv hazard requlrlng Immediate removal and cleanup, that biddlng requireme~ts be walved and an amount up to 510,000 be approprlated for thlS work wlth the understandlng that the Clty will probably be relmbursed for thls work by the Federal Government, further, that Council authorize appro' priatlon of $65,624 from unapproprlated General Funds to repair the storm damaged areas of the Santa Monlca Pler wlth the understandlng that thls amount will probably be reimbursed by Federal disaster funds, the latter actlon to allow orlglnally planned pier repalrs at the rear of Slnbad's and adjacent areas to prevent premature termlnatlon of construction on the Communlty Development ProJect due to lack of funds. Second by Mayor Pro Tempore Cohen. Councll Vote: Unanlmously approved 7-0 Agenda Item 12-A: Presented at this time was the request of Gerald M. Condon of the Santa Monica Track Club to address the Council regarding a jog-a-thon scheduled for May 7, 1978. Gerald Condon, Dr. Jack Brown and Brad Serbi requested Council recognltlon of the jog-a-thon project whlch is to be co-sponsored by the Assoclated Student Body of Santa Monlca College and the Santa Monica Track Club, the purpose of whlch lS to procure funds for the installation of a track at the Santa ~onlca College. Councilmember Bambrick moved to proclalm Sunday, May 7, 1978 as Official Santa Monica Jog-a-thon Day. Second by Councilmember Reed. Council Vote: Unanimously approved 7-0 Agenda Item 12-B: Presented at this time was the request of Marc Block to address the Councll regardlng Santa ~onica Municlpal Code provislons whlch regulate parklng. Mr. Block outllned his request to park hlS vehlcle ln the alley behind his home at 1435 - 26th Street whlch is prohibited by ~unicipal Code regulatlons. The matter was dlscussed and no actlon was taken. Agenda Item 13-A: Presented at thlS tlme was the request of Mayor SWlnk for an executlve seSSlon to dlSCUSS a personnel matter. Councilmember van den Steenhoven moved to defer the executlve session t'o'the end of the Council meeting. Second by Councllmember Trives. Council Vote: Unanimously approved 7-0 Agenda Item 13-B: Presented for consideration at this time was an appolntment to the Personnel Board for a term ending June 30, 1979 caused by the reslgnatlon of Bartha Evans. Councilmember Reed nominated Xancy R. Freedman. Councilmember Trlves nominated Henry McGee, Jr. Mayor Pro Tempore Cohen nominated Wllllam Hulse. Councllmember Scott nominated l\'llllam O'Hara. Councllmembers Bambrlck, Cohen, Scott and SWlnk voted for Wllllam Hulse. Councllmember Reed voted for Nancy R. Freedman. Councllmembers Trives and van den Steenhoven voted for Henry McGee, Jr. Wllliam Hulse was therefore appointed to the Personnel Board for an unexplred term ending June 30, 1979. Agenda Item 13-C: Presented at thlS tlme was the request of Councll- member Reed for dlScusslon and support of Assembly Bill 2442 whlch would amend the speed trap law and allow the use of radar on local resldentlal streets. Councilmember Reed moved that the City Council lndicate to approprlate legislators support of Assembly Bill 2442. Second by Councllmember van den Steenhoven. Councll Vote: Unanlmously approved 7-0 347 Emergency repalr to Clty facilltles and property authorlzed Srmday, ~lay 7, 1978 declared Santa ~bmca Jog-a-thon Day ~larc Block's request to park hlS vehlcle behmd hlS home at , 1435 - 26th St. . illscussed \'illllam Hulse appointed to Personnel Board COUIlell support Assembly Blll 2442 348 Discussion of ordinance controllIng heIght to trees and other vegetation Agenda Item l3-D: Presented at thIS tIme was the request of Councll- member Reed, on behalf of Mrs. Morgan who resides on Xinth Street, for discussion of a proposed ordlnance coverIng the height of trees and other vegetatlon on prIvate property. No actIon was taken. At 9:13 P.M. Councllmember van den Steenhoven moved to recess to executlve session to dlSCUSS a personnel matter. Second by Mayor Pro Tempore COhen.I' Conncll Vote: Unanimously approved 7-0 , . Pemanent appolntment of Joyce SnIder as City 'Clerk The Councll convened at 10:09 P.~. wlth all members present. Mayor Swink announced the actlon of the Co~~cil durIng executive session to , make permanent the appointment of CIty Clerk Joyce Snlder. Councllmember! Trlves moved to authorlze that appropriate personnel documents and . certlflcation papers be executed to make permanent the appolntment of Clty Clerk Joyce Snlder effectIve May 1, 1978. Second by Councllmember Bambrick. Councll Vote. Unanlmously approved 7-0 The Clty CounCIl meetlng adjourned at 10 10 P.M. on motlon of Council- member Reed, second by Councllmember Trlves, the adjournment to be in memory of Brian and VrIana Dean, chIldren of :vlr. and Ilrs. James Dean of Santa ~onlca; and, on behalf of Councllmember Bambrlck and Mayor Swink, in memory of FellCla F. ~ahood, long tlme, well-known resldent of the communi ty. Conncll Vote: Unanimously approved ATTEST: . APPROVED: I /, ~ ~~'>' .\ ,~C_~~ ~~Y~/J~der - , I CHy ClH' I } . " J j rJJ.~.J ~ ptlWI-b" Donna O'Brien SWlnk :.-1ayoT . 6 .