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M-4/22/1980 CITY OF SA~TA MO~ICA CITY COUNCIL PROCEEDIKGS I April 22, 1980 ,A regular meeting of the Santa Monica City Council was called to order at 7'40 P.M. by Mayor Bambrick who led the assemblage in the pledge of ,alleglance to the UnIted States of America. Mayor Bambrick then intro- 'duced Reverend Steve Hutchinson, Trinity BaptIst Church, who offered the invocation. Roll Call: Present. Mayor John J. Bambrick Mayor Pro Tempore Yannatta Goldway Councilmember William H. Jennings Councllmember ChristIne E. Reed (arrived at 8.00 P.M.) Councilmember Cheryl Rhoden Councllmember Perry Scott Councilmember PIeter van den Steenhoven (arrived at 7:55 P.M.) CIty Manager Charles K. McClain Acting City Attorney Stephen Stark Acting City Clerk Clarice E. Johnsen On motIon of Mayor BambrIck, Items 6-X, ll-J, l3-D, l3-E, and l3-F were added to the agenda. Second by Councllmember Jennings. Council Vote: Unanimously approved 5-0 Absent: Counci1members Reed and van den Steenhoven C,ounci1member JennIngs moved to brIng forward Items 11-0, ll-G and 11-1 to the beginning of the calendar. Included In the motion was a request for an executive session for the purpose of discussIng pending litigatlon which will be held at the end of the meeting. Second by Councilmember Rhoden. Council Vote: Unanimously approved 5-0 Absent. CounCllmembers Reed and van den Steenhoven At the request of Steve Kaplan Item 11-0 was held until Attorney lhlliam A. Ross could be present. jCouncilmember PIeter van den Steenhoven arrived at 7:55 P.M. !Councllmember ChrIstine Reed arrived at 8:00 P.M. Agenda Item ll-G: Presented for conSIderation at this time was a resolu- tion approv1ng Final Tract Map ~o. 35412, submitted by Lawrence Welk for a 120-unIt condominIum conversion at 1221 Ocean Avenue. Councllmember jRhoden moved to hear members of the public. Second by Mayor Pro Tempore IYannatta Goldway. Council Vote: Unanimously approved 5-0 Absent: Councllmembers Reed and van den Steenhoven Speaking agaInst the approval were the following persons: Herbert M. ['Welser, Jerome Edwards and Jack Atkins. Councllmember Rhoden moved ,to approve the staff recommendation and deny request for approval and defer final map approval untIl the conditIons of the extension have been complIed with. Second by Counci1member Jennings. Councilmember Reed moved to amend the maIn motion to deny the Final Tract ~ap and extend ~entative Tract Map to September 1, 1980. Second by Councilmember Ivan den Steenhoven. The CounCIl approved the amendment to the motion ,by the following vote' I Courrell Vote: AffIrmative: Councilmembers Jennings, Reed, Scott, van den Steenhoven and ~ayor Bambrick Negative: Counci1members Yannatta Goldway and Counci1member Rhoden 1 3 3~ Final Tract for 35412. 1 ! Tract Map e:. 11m til Septe' 11980 The main motlon was approved by the following vote: Council Vote: Unanimously approved 7-0 ~~p 35217 Agenda Item II-I: Presented for consideration at thlS tlme was a resolu- '51S no tion approving Flnal Tract \,rap )/0. 35217 submltted by Kanan and Jacobs I; act ~mp in for an IS-unit condominium conversion at 1525 Tenth Street. Councl1member :lld effect; Reed moved to open the public hearlng and continue the hearing until such Ice with time as the representatlve of the appl:tcant arrlved to present the appli- Juditlons cant's slde of the testimony. Included in the motion Nas a 3 mlnute limit tentative; on the time the public ""ould be allowed to speak. Second by Councl1member ",move units Scott. Discuss 10n follm.;ed. Councl1member Rhoden moved to amend Councl1- limited member Reed's motlon that the ltem be concluded prior to the adJournment ~1?; of the meeting. Second by Councl1member JennlRgs. The Council approved dltl~ of the amendment to the motion by the folloNing vote: Councl1 Vote: Unanimously approved 7-0 The Council approved the maln motlon by the followlng vote: Council Vote: Afflrmative: Councilmembers Jennings, Reed. Rhoden, Scott, van den Steenhoven and Mayor Bambrick :.1egative: Mayor Pro Tempore Yannatta Gold~ay [The folloNlng persons spoke in oppositlon to the approval of Final Tract IMap: Paula Menig, Richard Hall, Steven Finklesteln, Sally Ann Freidlob, iKyle Menig, Gl1 Maxey, Sue Epsteln, Catherine Dziuba, Davld Tandet, Donald B. Kirkpatrlck and ~ark Dresser. Attorney Frank Davanzo and ~r. Ed Kanan then addressed the Councl1. Discusslon bv Council followed. Councilmember Rhoden moved to extend the Tentatlve'Tract Map for six months. Second by Councilmember Reed. Discussion by Council followed. Icouncllmember Rhoden withdrew her motlon to extend the Tentatlve Tract .t<Iap and moved to deny approal of the Flnal Tract Hap on the basis of the ifolloNing. no tentative map is ln force, non-compliance wlth the terms and conditlons of the extended tentatlve map, failure to remove the units Nlthln the time llmlt of the tentative map, the physical condition of the buildlng and failure to notlfy tenants of the lntent of condomlnium conversion. Second by Mayor Pro Tempore Yannatta Goldway. Council Vote: Afflrmative: Councilmembers Yannatta Goldway, Jennlngs, Rhoden and van den Steenhoven Negative: Councllmembers Reed, Scott and Mayor Bambrick Agenda Item 5-A: Contlnued to '.Iay 13, 1980. Agenda Item 5-B: Contlnued to '.Iay 27 19S0. , Agenda Item 5-C: Continued to May 13, 19S0. Agenda Item 5 - D: Dlscussed later in the meeting. Agenda Item 5-E. Continued to Apnl 29, 19S0. The Consent Calendar was presented by the Acting City Clerk after which Councl1member Reed moved to approve the Consent Calendar, with the excep- tlon of Agenda Items 6-A, 6-D, 6-E, 6-F, 6-G, 6-H, 6-1, 6-J, 6-L, 6-:.1, 6-Q, 6-T and 6-W, adoptlng the resolutions and ordlnance thereln, reading Iby titles only and waivlng further reading thereof. Second by Council- member van den Steenhoven. Councl1 Vote: Unanimously approved 7-0 i Agenda Item 6-A: Continued to April 29, 19S0. ! 2 Agenda Item 6-B: A request for relmbursement of revolving cash funds reguests: Administrative Services - $253.30; Transportation - $112.57; City Yards - $40.80; Recreatlon and Parks - $208.52 and Police - $194.54, l"as approved. Agenda Item 6-C: The settlement of a case entitled Wllllam Waddell vs. iClty of Santa Monlca, Case No. WEC 43179, was approved as recommended by staff and the Dlrector of Finance instructed to draw a warrant made payable to William Waddell and hlS attorney of record, Jack Haddad, in jthe sum of Four Thousand Dollars $4,000 in full and complete settlement 10f the case. !Agenda Item 6-D: Continued to Aprll 29, 1980. Agenda Item 6-E' Continued to Apnl 29, 1980. : Agenda Item 6-F' Continued to Apnl 29, 1980. . Agenda Item 6-G: Continued to April 29, 1980. Agenda Item 6-H: Continued to l:l.pril 29, 1980. Agenda Item 6-1' Continued to }.fay 13, 1980. . Agenda Item 6-J: Continued to Aprll 29, 1980. Agenda Item 6-K: Resolution Ko. 5566(CCS) entitled: "A RESOLUTIO:;.J OF THE CITY COUNCIL OF THE CITY OF SA~TA ~ONICA DECLARI~G ITS I~TE~TIOK TO CONSTRUCT GUTTERS ALO~G COLOR~DO AVE~UE BETWEE~ OCEA~ AVEKUE A:;.JD LI~COL~ BOULEVARD NlTHIN THE CITY OF SANTA y[O~ICA", l"as adopted setting a public hearing on May 27, 1980 regarding assessment of costs to construct concrete gutters on Colorado Avenue from Ocean Avenue to Lincoln Boule- vard (G-80-2). Agenda Item 6-L Continued to April 29, 1980. I Agenda Item 6-~1: Contract No. 3471(CCS) (Bid ~o. 1508) l"as awarded to Alr Tool Service Inc., by issuance of P. O. Ko. 44158 in the amount of ,$1,462.80, to Gardner Denver by issuance of P. O. :;.Jo. 44115 in the amount of $537.42, to Allied Tool and Hoist by issuance of P. O. No. 44156 ln the amount of $554.38 and to Englne and Equipment Company by issuance of P. O. No. 44157 in the amount of $2,993.44, for the purchase of pneumatic tools in the total amount of $5,548.04. ,Agenda Item 6-:;.J: Continued to Aprll 29, 1980. j ! Agenda Item 6-0. Contract ~o. 3472(CC5) (Bld No. 1505) was awarded to I Lube Lift Equlpment, Inc., by issuance of P. O. No. 44116 for purchase ! of an automotlve lift. in the total amount of $3,800.10 Agenda Item 6-P: Contract ~o. 3473(CCS) (Bid No. 1507) was awarded to Gravbar Electric Co., bv issuance of P. O. No. 44117 for the purchase of street Ilght parts, in the total amount of $39,013.08. Agenda Item 6-Q' Continued to Aprll 29, 1980. Agenda Item 6-R: A recommendatlon that the City Manager be authorized to I enter lnto an agreement and grant of easement for municipal pier water ! llne constructlon with the State of Callforn~a, was approved. I, Agenda Item 6-S: A recommendatlon that the City Attorney be dlrected to , prepare an ordinance establishing charges for yellow loading zone, was , approved. Agenda Item 6-T' Presented for conslderation at thls time was a resolu- t~on authorlzlng the application for grant funds under the Roberti-Z'Berg Urban Open Space and Recreatlon Program for the purpose of constructlng a new tennis bleacher system at Llncoln Park. The staff report was presented. DiscuSSlon by Council followed. Councllmember Scott moved 3 335 i Settlenent 0 ; William 1\':u1r1 I Ci tv ~ - I ' I i Resolution ~ setting a pI I heanng on ~. 1980 regarrl1 I assessnent ,- I to construe I i gutters G- 8! ! Contract 34 i TOr pneUinat Contract 34 for automat Easement fo t'later line tion Ordinance t prepared fo loadlng zor: 5567 omproITIlse or checks uarv 15 - 980' schematIc r aCkh tlon "creation income for Senior ,Ii ty Ta.x I am ;564 Jr-cost for 19 District 1 ta t>bnl ca .565 assess- t for I of le rs on 4th St. to approve the staff recommendatIon. The motion failed by the followIng vote' CouncIl Vote: AffIrmative: Councilmembers Scott, van den Steenhoven and Mayor Bambrick CouncIlmembers Yannatta Goldway, Jennings, Reed and Rhoden Councllmember Rhoden moved to continue Agenda Item 6-T to April 29, 1980, and asked staff to bring back alternative proposals. Second by Mayor Pro Tempore Yannatta Goldway. Negative: Council Vote" UnanImously approved 7-0 Agenda Item 6- U: Resolution Ko. 5567(CCS) entitled: "A RESOLUTION OF THE CITY COU~CIL OF THE CITY OF SANTA MO~ICA R~TIFYI~G THE CO~PRO~ISE OF CLAI~S FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED FEBRUARY 15 THROUGH :.L~RCH 30,1980", "as adopted. Agenda Item 6-V: A request for approval of schematIc drawing, authorI- zation to prepare working drawIngs and specIfications, applicatIon for Coastal Commission approval and call for bid which shall include solar retro-fitting installation for the construction of an additIon to the SenIor Recreation Center, was approved. Agenda Item 6-N: ContInued to April 29, 1980. Agenda Item 6-X: OrdInance No. 1155(CCS) entitled: "A~ ORDINANCE OF THE ! CITY COU~CIL OF THE CITY OF SA~TA MO~ICA A)1ENDI~G SECTIOX 6633b OF THE :.1U!\ICIPAL CODE", amending Ordinance No. 1047(CCS) to permIt an increase I in income lImitation for SenIor Citizens Utility Tax Rebate Program, was , adopted. END OF COKSE~T CALENDAR Agenda Item 7-A: Presented for consideration at thIS time was a public hearIng to hear protests to assessment of costs for Tree Planting Distric Ko. 3 on Santa Monica Boulevard from 5th Street to Lincoln Boulevard. The proof of publication and posting were ordered flIed by Mayor Bambrick. Mayor BambrIck opened the publIC hearing at 10:45 P.~. There being no ; one present wishing to speak on the subject, the public hearIng was i closed at 10:46.P.M. by motlon of Mayor Pro Tempore Yannatta Goldway. Second by Councl1member Rhoden. Council Vote" Unanimously approved 7-0 Councilmember van den Steenhoven moved to approve the staff recommenda- tion and adopt ResolutIon t\o. 5564(CC5) entitled' "A RESOLUTION OF THE CITY COUXCIL OF THE CITY OF SANTA MO~ICA CONFIRMI~G THE REPORT OF THE , SUPERINTEKDE~T OF STREETS REGARDI~G TREE PLANTING DISTRICT NO. 3 ON SA~TA ! 1'10:-;1 CA BOULEVARD", reading by tl tIe only and l<lai ving further reading thereof. Second by Councilmember Reed. Council Vote: Unanimously approved i-O Agenda Item 7-B: Presented for consideratIon at thlS tlme was a publIC hearing to hear protests to formation of assessment districts for constructIon of concrete gutters on Second Street and Fourth Street between Colorado Avenue and Broadway (G-80-3). The proof of publication : and posting "ere ordered filed by ~'layor Bambrick. CouncIlmember Reed I moved to open the publIc hearing. Second by Councilmember JennIngs. Council Vote: UnanImously approved 7-0 The publIC hearing was opened at 10:45 P.M. by ~ayor Bambrick. There being no one present wishing to speak on the subject, the public hearing was closed by motion of Councilmember van den Steenhoven at 10:46 P.M. Second by Councilmember Reed. Council Vote: Unanimously approved 7-0 4 ,CouncIlmember van den Steenhoven moved to approve the staff recommenda- :tlon and adopt Resolutlon :-10. 5565 eCCS) entItled: "A RESOLUTION OF ;THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS ON SECOND STREET AND FOURTH STREET BETWEEN COLORADO AVENUE AND BROADWAY", reading by title only and ~.;ai vlng further reading thereof. Second by CouncIlmember Reed. CouncIl Vote' Unanimously approved 7-0 Agenda Item 7-C: Continued to April 29, 1980. Agenda Item 8-A: Presented for consideratIon at this tIme was an ordinance enablIng preferentIal parkIng. Councilmember Reed moved to ,adopt Ordinance No. 1156 eCCS) entitled "AN ORDIKANCE OF THE CITY !COUNCIL OF THE CITY OF SANTA MONICA ADDI~G CHAPTER 2A TO ARTICLE III OF ITHE SA~TA MONICA ~UNICIPAL CODE RELATING TO PREFERENTIAL PARKING ZONES", :reading by tItle only and waivIng further reading thereof. Second by ,Mayor Pro Tempore Yannatta Go1dway. Council Vote: AffIrmative: Councl1members Yannatta GOldway, JennIngs, Reed, Rhoden,van den Steenhoven and ~ayor Bambrick Negative: Councilmember Scott Agenda Item 8-B: ContInued to Ap ri 1 29, 1980. Agenda Item 9-A: ContInued to April 29, 1980. Agenda Item ll-A' Continued to Apn1 29, 1980. Agenda ItePl ll-B: ContInued to AprIl 29, 1980. Agenda Item 11- C: ContInued to Apnl 29, 1980. Agenda Item ll-D: Presented for consIderation at thIS time was the request by William A. Ross to address the CouncIl regarding Tract No. 36475 at 924 Klnth Street. William A. Ross, representing the applIcant, made a presentation to Council. CouncIlmember Reed moved that the public be allowed to speak for three mInutes. Second by Councilmember Rhoden. Council Vote: UnanImously approved 7-0 The following persons spoke In oppositIon to the approval of a Final Tract Map: J. H. Naftzger, WIlliam H. Hinkle, ConnIe N. Berg, Glennis Gibb, Diana Carso1a and George Schuman. CouncIlmember Reed moved to approve the staff recommendatIon that the Final Tract Map be denied as there is no Tentative ~ap in full force at the present tIme and further that the matter be referred to the Rent Control Board for clarIfication 'of possible vIolatIon of law and that the matter of conflIct in descrip- tion between the building permit and work actually done be referred to i the CIty Attorney for investigation of possible vIolation of the Building I Code. Second by CouncIlmember Rhoden. Council Vote: UnanImous ly approved 7- 0 Agenda Item 11-E: ContInued to Aprd 29, 1980. Agenda Item 11-F: Continued to Apnl 29, 1980. Agenda Item 11- G: DIscussed earlier in the meetIng. Agenda Item 11-H: Continued to April 39, 1980. Agenda Item 11- I: DIscussed earlIer in the meetIng. Agenda Item 11-J: DISCUS sed later In the meetIng. ;; 337 Ordrnance ~o enabling pre parkmg Tract :'Jo. 36 denie d final mp Agenda Item 12-A: ContInued to AprIl 29, 1980. 'Agenda Item 12-B: ContInued to ApYl1 29, 1980. Agenda Item l3-A: Continued to April 29, 1980. Agenda Item l3-B: Continued to ApYll 29, 1980. Agenda Item l3-C: Continued to ApYll 29, 1980. lve of CIty rreeting ~ry Andrus Ill, D.C. Agenda Item l3-D: Presented for consideratIon at thIS tIme was a request for dISCUSSIon regarding sending a representative from Santa ~onica to attend a meetIng with Secretary Andrus In Washington, D. C. on AprIl 28, 1980 by ~ayor Pro Tempore Yannatta Goldway regardIng oil drilling. Councilmember Reed moved that the Mayor deSIgnate someone from the City Council to attend and that funds from the ~ayor's travel expenses be made avaIlable for that purpose. Second by Councllmember Rhoden. CouncIl Vote: Unanimously approved 7-0 Agenda Item 13-E: ContInued to April 29, 1980. Agenda Item 13-P: Continued to April 29, 1980. "genda completed .' follo;\'mg ~day Agenda Item 5-D: Presented for consideratIon at this time was a request for discussion to establIsh a regular meeting night for the unfInIshed agenda by Councilmember ~~oden. Discussion by the City CounCIl followed. Councilmember van den Steenhoven moved that remainIng agenda items be conSIdered on the Wednesday night following the regular Tuesday night meetIng. Second by CouncI1member Reed. Council Vote: AffirmatIve: Councilmembers JennIngs, Reed, Rhoden, van den Steenhoven and ~ayor Bambrick Negative: Councl1member Scott Abs tain: Mayor Pro Tempore Yannatta Goldway Agenda Item Il-J' Presented for consideratIon at this time was a request of the City Attorney for an ExecutIve SeSSIon for the purpose of dIscussing pending lItigatIon. ~laYor Pro Tempore Yannatta Go1d,\'ay moved to adjourn to an executive session' at 11:30 P.M. for the purpose of discussing pendIng lItigation. The CounCIl reconvened at 11:40 P.M. with all meNbers of the Council present. Counci1member van den Steenhoven moved that CounCIl retaIn the service of Baum and Cohen for the Richard Koch case and designate up to 56,000 from unapproprIated funds for that purpose. Second by Councl1member Jennings. Council Vote: Unanimously approved 7-0 At 11:41 P.~. on motion of Councilmember van den Steenhoven. Second by Councilmember Rhoden, the meetIng was adjourned in memory of Nazara Gabriel, mother of former Councllmenber Robert Gabriel. CounCIl Vote: Unanimously approved 7-0. i i ATTEST: L~-L~ i Clarice E. John~en, CMC i Acting CIty C1e rk I I APPROVED: I1M/.;; JJrlf~ ~c5imnUm15rick , ~1avor , .. 6