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M-4/11/1978 . . . . 337 CITY OF SA\TA MONICA CITY COUNCIL PROCEEDINGS Apnl 11, 1978 A regular meetIng of the Santa ~onica City CouncIl was called to order at i 7'30 p.m. by Mayor Do~~a O'Brlen Swink who led the assemblage In the pledge of allegIance to the UnIted States of AmerIca. Mayor Swink then Introduced Father Mlchael Gleeson, St. Monica's Church, who offered the invocatIon. Ro 11 Call: Present: Mayor Donna O'BrIen SWInk Mayor Pro Tempore Seymour Cohen CouncllmeNber John J. Bambrlck Councilmember ChrIstIne Reed CouncIlmember Perry Scott Councilmember Nathaniel Trives Councllmember Pleter van den Steenhoven Clty Manager James D. Williams CIty Attorney Richard Knickerbocker City Clerk Joyce Snider Absent: None Consent Calendar: i J The Consent Calendar was presented by the CIty Clerk after which I Councllmember Trlves moved to approve the Consent Calendar as presented,; adopting the resolutIons thereIn, readIng by title only and \,aiving fur- ther reading thereof. Second by Councilmember van den Steenhoven. Council Vote: Unanimously approved 7-0 Agenda Item 6-A: The mInutes of the City Council meeting held March 28, 1978 were approved as mailed. . Agenda Item 6-B: A request for reimbursement of departmental revolving cash funds: Administratlve 5ervlces - S40.01; TransportatIon - $43.38; Cemetery - $36.75; Airport - $44.90; RecreatIon & Parks - S129.73; CIty Yards - $28.43; Police - S59.80; LIbrary - SlOO.82; City Attorney - $80.42, was approved. Agenda Item 6-C. Resolutlon No. 4998(CCS) entitled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE FILING OF A REAPPLICATION WITH THE LOS .~NGELES CO~TY AREA AGENCY ON AGING FOR A NlITRlTIOli PROGRAM FOR mE ELDERLY lNDER TITLE VII OF 1HE OLDER A\IERICt\:'\5 ACT OF 1965". \;as adopted. Resolutlon 4998 ! to apply tor funmng ! to contmue Senior NutrItIon and Recrea- tion program Agenda Item 6-D: Resolution No. 4999(CCS) entitled' "A RESOLUTION OF Resolution 4999 THE CITY COU'<CIL OF THE CITY OF SANTA ~IONIC\. APPROVI'\G AMENmIE)jT :--<0. 29 Contract 3003 TO THE OPERATDiG AGREEMENT BETWEEK THE STATE OF CALIFORNIA, ACTING , operating agreement THROUGH THE DEPARTMEI\T OF PARKS AND RECREATIO::-l A::-lD THE CITY OF SANTA ! \Hth State for devel MOJ\ICA, AND AUTHORIZING THE CITY MAI\AGER TO EXECUTE THE SAME", \.as ,opment of beach adopted, and Contract No. 3003(CC5) \,as awarded. I Agenda Item 6-E: Contract No. 2496(CC5) for purchase of one low-frequen- Contract 2496 cy levelmeter for the Water DIVISlon \,as a\,arded to Southwest Services ini 100;-frequency level- the amount of $2,379.70 by lssuance of P. O. Ko. 36271. meter Agenda Item 6-F: The SOl~ bid by Sully-Hiller Contractlng Co. for con- I Reject bid by Sully- structIon of concrete mm'iing strip at Vlrglnla Park \;as reJected. : ~l:111er Agenda IteN 6-G: Contract :<0. 3004(CC5) for sale of surplus helicopter I Contract 3004 equlpment \,as aHarded to LoomIs Aircraft, Inc. in the amount of S2 ,329. 50,.sale of helicopter 338 Contract 2497 for water neters Contract 2498 statlOnery and offlce supphes Contract 2499 Pier Parkmg lot control system Santa ~bnlca Pler en t I)'Ivay Settlement of claim Jesse Forster Taxicab pennits Publlc heanng to hear appeal from Plannlng Comffilssion condltion imposed on approval of condo- ffilllHlm COn\'BrS10n at 1308-1312 Berkeley St. demed ~I T Agenda Item 6-H: Contract No. 2497(CCS) for purpose of 3,500 water me- ters was awarded to Badger Industrles in the amount of S83,141 for Flscal : Year 1977-78 by lssuance of P. O. No. 36272 and for 4,200 water meters toJ ~eptlme Water Mpter Co. ln the amount of $110.091.60, number to be assign. ed after Fiscal Year 1978-79 budget approval. ' I : Agenda Item 6-1: Contract Xo. 2498(CCS) for purchase of statlonery and offlce supplles was awarded to Statloners Corporatlon ln the amount of $25,000 by lssuance of P. O. No. 36273. I Agenda Item 6-J: Contract "10. 2499(CCS) for IDstallation of a Pier Parkmg lot control system i"as awarded to Clnclnnatl Time Equlpment Co., Inc. in the : amount of $9,104.34 by issuance of P. O. No. 36274. I . Agenda Item 6-K Authorlzatlon to proceed wlth an entryway gate at the Santa ~onica Pier was approved. I Agenda Item 6-L: The settlement of a clalm entltled Jesse Forester vs. I the Cltv of Santa Monlca, Clalm #~IBL 77-244 I,as approved as recommended i by staff in the amount of $27,500 payable to Jesse Forester and Stanley i Green. ! . Agenda Item 6-~: A publlC hearing on the necessity and convenlence of I grantlng taxlcab permits was set for Apnl 25, 1978. . Thls ended the Consent Calendar. i Agenda Item 7-A: Presented at thlS tlme i,as a publlc hearlng to hear an appeal from a Plannlng CommlSSlon conditlon lmposed on approval of a condomlnium converSlon at 1308-1312 Berkeley Street to require removal of eXlstlng carports and constructlon of enclosed garages, the roofs of whlch are to be utlllzed for recreatlonal purposes. By order of Mayor Swink the proof of publlcatlon was flIed and the public hearlng was opened at 7:40 P.M. Bryan Kravetz, Attorney representlng the developers, R. W. Selby & Company, Inc., spoke ln opposition to the Plannlng CommlS- i Slon requlrement. Mr. Kravetz submitted a petition sl~ned by eight I resldents of the apartment bUl1dlng at 1308-1312 Berkeley Street expressm~ lnterest ln purchaslng their apartments and opposlng a recreatlon facil- : lty at the complex. There belng no further requests to speak to the . subject the publlC hearlng was closed at 7:48 P.~. by order of ~ayor ! SWlnk. After dlscussion in regard to the deslrabillty of providing ame- i nities at thlS proposed complex, Councllmember Trives moved to deny the appeal and uphold the rullng of the Planning Commisslon to lmpose a con- ditlon on the condomlnium converSlon at 1308-1312 Berkeley Street (Tract Map :-':0. 34618) to requlre the removal of the eXlscing carports at the rear of the property and the constructlon of enclosed garages, the roofs of whlch are to be utl1ized for recreatlonal purposes except for areas necessary for protectlon of the prlvacy of the rear units. Second : by Counci Imember Reed. i I D1Scusslon ensued In regard to the resultant lncreased cost of the unlts, , maintenance and upkeep of the recreational areas, and their potential use. Councllmember Scott moved a Substltute motlon that the appeal be up held only to the extent that the developer would be requlred to remove the eXlstlng carports at the rear of the property and construct enclosed garages, but not be requlred to provlde a rooftop recreatlonal area. Second by Mayor Pro Tempore Cohen. Discusslon ensued after whlch the substitute motion falled on the followlng vote: Councll Vote: Afflrmatlve: Councllmembers Cohen, Scott, Swink . . Kegative: Councilmembers Bambrlck, Reed, Trlves, van den Steenhoven The malll motlon carrled hy the fo110wlng vote' Council Vote: Afflrmative: Councl1members Bambrick, Reed, Trives, van den Steenhoven Kegative: Councilmembers Cohen, Scott, SWlnk . . 111111 '3 _;/L J . I Agenda Item 8-A: Presented at this tlme was an ordlnance for adoptlon . amendlng restaurant parklng requlrements from the present one space per 300 square feet to one space per flve seats but exemptlng restaurants of 50 seats or less from that requlrement. Councllmember Trives moved to adopt Ordlnance \0. 1088(CSS) entltled: "A:.I ORDI\ANCE OF THE CITY COUNCIL OF THE CITY OF SA:.ITA HONIG\ A/.IEKDING SECTION 9129F OF THE SA:.ITA [' MO:.lICA MUNICIPAL CODE, PERTAINIXG TO RESTAURANT PARKING REQUIRDfEHS", readlng by tltle only and waiving further readlng thereof. Second , by Mavor Pro Tempore Cohen. The motlon was approved by the fOl101"lng vote CounCIl Vote: Afflrmative: Councilmembers Cohen, Reed, Scott, Trlves, van den Steenhoven 'iegatlve: Councllmembers Bambrlck, SWInk 339 Onhnance 1088 anienillng restaurant parklng reqUlrements Ordinance 1089 Contract 3009 , approving lease I to facill tate lease- I revenue financmg for the Ib.\ntmill Redevelopment Project CounCIl Vote: Unanlmously approved 7-0 . Agenda Item ll-A: Presented at thIS time was a report regarding the I,contract 3000 lease of West lilnd SallIng School located on the Santa ^Ionlca Pier whlch Lease of Wesu-nnd was contlnued from the City Council meetlng of March 28, 1978 In order Salling for staff to report further on unresolved lease lssues. The staff report submltted a standard flve-year lease wlth a flve-year optIon Wlth an ' addendum to reqUIre the lessee to install a float at the Santa Monica Pler wlth speclflcations and plans of the float to be approved by the Dlrector of General Servlces. DlScusslon followed regarding the history of the City's experlence .vi th lessee Koch after whlch Counc~lmember Trlves moved to approve a lease by award of Contract No. 3000(CCS] to RIchard Koch dOlng business as West Wlnd Sailing School at the Santa Monlca Pier for a term of flve years wlth an option to extend the lease for flve years. Second by Councllmember van den Steenhoven. After brief dlscussion, Councllmember Reed moved to table the subject of the West Wind Salllng School lease until lessee Koch has set up bookkeep~ng pro- cedures sUltable for audlt and untIl Mr. Koch has paId arrears garage and, locker rentals not related to the lease. Second by Councilmember Scott. I The motion falled by the follo.Hng vote: I I . . Agenda Item 8-B: Presented at this tlme was an ordinance for adopt~on apprOVIng the lease to facilitate lease-revenue flnanclng for the Down- town Redevelopment Project Parklng Facll~t~es, the lease to serve as securlty for the $3,700,000 note issue of the Agency as autho- rlZed by the Cl ty Councll on ^Iarch 28, 1978. Councilmember Tr~ ves moved to adopt ordlnance No. 1089(CCS) entltled: "..1.1\ ORDII\AXCE OF THE CITY CO~CIL OF THE CITY OF SANTA /.IONICA, CALIFORNIA, APPROVING THAT CERTAIN LEASE AGREEME:.IT E'iTITLED 'LEASE AGREEMENT' mTW MW 1 1978 (Contract 3009-CCS) BETWEE~ THE CITY OF SA\TA MO:.lICA AND THE REDEVELOPME~T AGENCY OF THE CITY OF SANTA MONICA", reading by tltle only and walvlng further readlng thereof. Second by Councilmember van den Steenhoven. Council Vote: Afflrmatlve' Councllmembers Cohen, Reed, Scott 1\egatlve: Councllmembers Bambrick, Trives, van den Steenhoven, Sw~nk The motlon to approve the lease carried by the follOWIng vote: CounCIl Vote: AffirmatIve: Councllmembers Bambrlck, Trives, van den Steenhoven, Sw~nk Negatlve: Councilmembers Cohen, Reed, Scott Agenda Item ll-B: Presented at thls tlme was an amendment of a Memo- randum of Understandlng lHth California Teamsters Local 911 to lncrease pay for drlvers asslgned to one-person refuse trucks based upon a salary survey of surrounding ]urisdlctions anj substantlal savlngs resultlng from the use of one-man trucks. Councllmember van den Steenhoven moved to direct the Clty Attorney to prepare a resolutlon to implement an amendment to the existIng Memorandum of Understanding between the Clty of Santa Monica and Callfornla Teamsters Local 911 to increase the pay for drlvers ass~gned to one-person refuse trucks as recommended by staff. Second by Councllmember Reed. CounCIl Vote: Unanimously approved 7-0 Clty Attorney to prepare resolutlon amending Resolutlon 3750N to increase pay for dn vers assigned to one-person refuse trucks I :The Clty (ouncll convened as the Redevelopment Agency at 8 32 P.~. and , \adopted Resolution \Cio. 348 revlsing the bld openlng date for the $3,700,000 , 'promissory note for the Downtown Redevelopment ProJect to 11:00 A.~. Tues- 'I day, Apnl 18, 1978. The Redevelopment :leeting adjourned at 8 39 P.:!. by lorder of Mayor SWlnk. The Clty CouncIL meeting then proceeded as follows:, I Staff to report on 'Agenda Item 12-A: Presented at thlS tIme j,as the request of Edwin K. : possible reroutlng oflMarzec to address the (ouncIl regarding the preservatlon of Pallsades Park~ traffic and stablliza- Mr. :larzec was not present In the Councll Chamber. Councllmember Trlves , non of area ln moved to receIve and file the letter from Ed\i1n K. Marzec requestIng pre- I Pahsades Park ,servation of Pallsades Park. Second by Councllmember Reed. ! , (ouncll Vote: Unanlmously approved 7-0 , i IStaff was requested to investigate what might be done to preserve pallsade[' ,Park through posslble reroutlng of trafflc and stablllzing of the land. 'Agenda Item l2-B: Presented at this time was the request of Alan Levl to laddress the Councll regardlng approval of a dlscotheque for persons under ,twenty-one years of age. Alan LeVl requested approval to operate a dis- 'Icotheque for teenagers ln an eXlstlng bUlldlng ln the M-l Zone. He des- ,crlbed the danclng actlvltles, securlty and flre safety measures and the 'parking arrangements for the proposed faclllty. The Councll dlscussed possIble nOlse and parking problems. Councllmember Reed moved to dIrect ;staff to recelve from Alan Levl a proposal for a discotheque for persons under twenty-one years of age, staff to evaluate the proposal and report back to the City Councll. Second bv Councllmember van den Steenhoven. Councllmember T;'ives sald he \wuld llke to hear from formal and informal youth groups such as the Youth Advlsory Council. 340 City to establish encroachment permit fee schedule Contract 3002 Assignment of Port Cafe lease on Pler to Mr. Ytm Suk Seo Redevel~pment Agency ResolutlOn 348 re\-'lS1ng bid opeiling date for pronussory note Alan LeVl request for a dIscotheque dIs- cussed. Staff to report to CounCll Pequest to remove bottle tree denled Flreworks ordinance to be drafted I IAgenda Item lI-C: Presented at thls tlme was a recommendatlon for estab- illshment of a fee schedule to repay the Clty for the cost of paperwork land Inspection related to encroachment permlts which allow placement of :minor structures above or below ground on publlc property, such as store !fronts, raillngs, canoples, and sub-surface parklng structures. Councll- member van den S,teenhoven moved to approve the staff recommendatlon to establlsh an encroachment permit fee of S25.00 which lncludes an lnspec- ,tlon charge of $15.00 per hour plus a permlt fee of SlO.OO to cover the Icost of staff paperwork. Second by Councllmember Reed. l , Councll Vote: Unanlmously approved 7-0 IAgenda Item Il-D: Presented at this time was the assignment of the ,Santa MonlcaPort Cafe lease on the Pier from Mr. & ~rs. Song Rvang :to Mr. Yun Suk Seo, lease asslgnment terms to be the same, IncludIng the Itermlnation date of June 30, 1981. Councllmember Trlves moved to dlrect the Clty ~anager to execute the transfer of the Santa ~onica Port Cafe [lease from ~r. & Mrs. Song Ryang to Mr. Yun Suk Seo. Second by Mayor Pro Tempore Cohen. , Councll Vote. Unanlmously approved 7-0 . . Council Vote: Unanimous ly approved 7 - 0 I IAgenda Item 12-C: Presented at this tlme was the request of ~r. :. , :Tamosauskas to address the CouncIL regarding removal of a Bottle Tree at ~ 2317 Callfornla Avenue. Councilmember van den Steenhoven moved to approvei [the staff recommendatlon that the tree not be removed. Second by (ouncll-: member Trl ves. , . (ouncll Vote: Unanlmously approved 7-0 'Agenda Item 13-1\: Presented at this tlme was the request of Councilmember~ Trlves, van den Steenhoven, and Mayor Pro Tempore Cohen for dlScusslon of a safe and sane flreworks ordlnance. D1SCUSSlon ensued in regard to con- trolling the use of legal flre\wrks \dthin the Clty whlle at the same time provlding a fund raislng opportunity for worthy organlzations through the sale of fi re\vorks wi thin the Cl tv. Councilmember Trl ves moved to mrect the staff to draft an ordinance to allow the s~le of safe and sane flreworks \{l thln the Clty, to draft a resolution wlth lnstructions for methods of selectlng persons or organicatlons to sell fireworks withm the City'; and to report the staff positlon regardmg the sale of flre- ",orks. Second by CounCllmember van den Steenhoven. Courrcll Vote: Unanimously approved 7-0 . Agenda Item l3-B: At 9:13 P.M. Councilmember van den Steenhoven moved ,to recess the executive seSSIon to discuss the appointment of personnel I requested by Mayor Swink. Second by Councllmember Trlves. CouncIL Vote: UnanImously approved 7-0 I i i I as! ! . The CouncIL reconvened at 9.23 P.M. wIth all nembers present. Mayor I ,SwInk announced that no actIon had been taken during the executIve seSSIon. jThe City CounCIL meetIng adJourned at 9:24 P.M., on motIon of Councllmember 'Reed, second bv Councllmember Trlves, the adjournment to be In memory of i the follOWIng IndIVIduals on behalf of Mayor SWInk: OrVIlle G. RaIney, ! , long tIme reSIdent of the communIty, former sales manager for Claude Short! Dodge, former member of the Santa MonIca Exchange Club, and origInal i ,member of the committee for constructIon of this CIVIC Center buildIng; I IJohn H. Burt, long tIme reSIdent of the CIty and member of Ocean Park I ,Lodge \0. 369; and Harold E. Counts, long tIme reSIdent of Santa Monica i I and former Bank Officer of Santa MonIca Bank. ' CounCIL Vote: Unanimously approved 7-0 I ATTEST: APPROVED: . ,/~ ,,--:> : ~fl.n~~~ "1' )YoY rte Sn ide r / City Clerk L/ ' , i I l~1vr~>~tJttbJ Donna O'Brien SWInk ~layor . . 341 342 . . . .