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M-12/11/1979 CITY OF SAKTA ~OXICA CITY COU~CIL PROCEEDI~GS I December 11, 1979 ;A regular meeting of the Santa Monlca City Council was called to order at 7:30 P.M. by Mayor John Bambrick who led the assemblage in the pledge of allegiance to the United States of America. Mayor Bambrick then introduced Reverend John Shaw, Chaplain of the Santa Monica Hospital who !offered the lnvocation. Roll Call: Present: Mavor John J. Bambrick ~Jayor Pro Tempore Ruth Yannatta Goldway Councilmember William H. Jennings Councilmember Christlne Reed Councilmember Chervl D. Rhoden Councilmember Perry Scott Councilmember Pieter van den Steenhoven City Manager Charles K. McClain Assistant City Attorney Stephen Stark Clty Clerk Joyce Snider Agenda Item 4-A: A certlflcation was presented at this time to John Nate as an outstanding General Services Department employee. Agenda Item 4-B: a 30 year service pln was presented to Carl Hanell who is a Maintenance Man III in the Parks & Recreatlon Department. On motion of Mayor Rhoden agenda item pending litlgation ; agenda ltem. Pro Tempore Yannatta GOldway, second by Councilmember 13-B calling for an executive session to discuss and personnel was added to the calendar as an ex Council Vote: Unanimously approved 7-0 Agenda Item S-A: Presented for consideration was a possible six-month moratorlUffi on certain developments on Maln Street between Pico Boulevard i and Marine Street which had been continued from the November 27, 1979 meeting. Councllmember Reed moved to limit audience participatlon to three mlnutes due to the large number who had requested to speak. Second by Councilrnember Rhoden. Council Vote' Unanlmously approved 7-0 ;The following persons spoke in favor of the moratorium: Cheryl Diamond, I Salll Sachse, ~arianne Boretz, Nlckolas Allis, David Eggenschwiler, jRiChard Willis, Ken Haken, Linda Garrett, Richard Orten, Connie Jenkins . and Bob Taylor. The following persons spoke in oppositlon to the mora- tOYlum: Bob Scura, Russell Barnard, Jean ~arie Katon, John ~ichel, Roger iWebster, ~anhar Patel, Mlchael ~leyer, Ken Calderhead, Joe Palazzolo, Pete Barrett, James ~ount, Bart Shapkln, Dr. Bernard Perloff, Jay Fiondella, John Jurenka. The floor was closed to the public and Council discussion ensued. Councllmember Rhoden moved to instruct staff to come back with a draft of an emergency ordinance in January for a six month moratorium on ;>'lain Street from Pico Boulevard to the south City limits and any commercial- ly zoned street that run perpendicular; the moratorium will include all demolitlon permits, all building permits for new constructlon that ! includes the addition of square footage to existing bUlldings but does not include repairs and remodeling to existing buildings that does not lncrease the square footage to the buildings. That new liquor serving establishments come under the moratorlum which was addressed bv Councll at a prior meeting and expressed in writlng to the State Alcoh~lic Beverage Control and to request the Planning Commisslon to hold a public hearlng prlor to the Courrcll meeting January 8, 1979 to determine what plans are on the drawing board for this area so that the Council will , have the actual information when they conslder this ltem. Second by , ~ayor Pro Tempore Yannatta Goldway. Councilmember Scott moved a substi- tute motion to dlrect t he City Attorney to draft an ordinance for a six month moratorium converlng only disco clubs, dance hall, and off sale liquor licenses and nlght clubs. Second by Councllmember Reed. After further dlscussion Councllmember van den Steenhoven moved a second substitute motlon to place a moratorium from the Pacific Ocean east to I 221 Discusslon moratorium opments on & Plco Blv< Street. Staff to PI emergency ( in January month mora; Mam St & 1 A move for tute motlO! the City A draft an 0 for a 6-mo! torium. at to the the easterly property line on the east side of Fourth Street and from lon was Pico Boulevard to the South City limits. Second by ~ayor Pro Tempore Yannatta Goldway. After discussion, Councilmember Rhoden moved to amend ;ambrlck ,the second substitute motion to lnclude directlon to the Planning Com- o amend th1mlSSlon to hold a hearlng before the next Council meeting and request .stltute lnformation from the affected property owners regarding their future hopes and plans for the area. After discusslon the amendment was with- drawn. Mavor Bambrick moved wlth the consent of the maker and second ,to amend the second substitute motlon to include that demolltions, new construction and expansions would not apply lf the Plannning Commlsslon holds a hearing in each lnstance and gives their approval. The substi- tute motion as amended was approved by the following vote: wn Council Vote: Affirmative: Councllmembers Yannatta Goldway, Jennings, Rhoden, van den Steenhoven and Mayor Bambrick }iegative: Councilmembers Reed and Scott 1 to reviel,,~ Councilmember Jennlngs moved to direct staff to revielv the businesses ses in 'I that have been pointed out as being in default with respect to parklng to parkmg and report back to the Councll whether there is a problem \"i th the jparking at those businesses and what can be done about it. The motion 'was seconded by Mayor Pro Tempore Yannatta Goldway. 1 of the Calendar. Council Vote: Unanimously approved 7-0 Consent Calendar: The Consent Calendar was presented by City Clerk Snider after which !Mayor Pro Tempore Yannatta Goldway moved to approve the Cosent Calendar "adopting the.resolutions therein, reading by ti~le only and waiving further readlng thereof, wlth the exceptlon of ltems 6-A, 6-G and 6-J. Second by Councllmember Reed. ! Council Vote: Unanimously approved 7-0 Agenda Item 6-A: Presented for consideration at this time was the approval of the minutes of the regular meeting on November 27, 1979, The Council directed that ln the minutes of the regular Council meeting held on ~ovember 27, 1979 under ltem 6-D, ":.-layor Pro Tempore Yannatta Goldwav moved to direct the staff to complile a list"; under agenda item l3-F, ~IMayor Pro Tempore Yannatta Goldway was appointed alternate to i the U. S. Conference of ;..clayors lnstead of Cheryl Rhoden". Mayor Pro . Tempore Yannatta Goldway moved to approve the minutes as amended. Second i by Councilmember Reed. Councll Vote: Unanimously approved 7-0 Agenda Item 6-B: A request for reimbursement of the following depart- I . mental cash funds: Administratlve Services - $278.13; Library - $163.37; ; ry'Recreatlon & Parks $87.59; Transportation - 582.97, was approved. i a public Agenda Item 6-C: Resolution No. 545l(CCS) entitled: "A RESOLUTIOX OF THEI on Janua. CITY COUNCIL OF THE CITY OF SANTA MOXICA DECLARING ITS INTENTIO;.< TO GRAH .1 ) ,.;as TO THETA CABLE OF CALIFORNIA AUTHORITY TO INCREASE THE RATES FOR CATV i for SERVICE WITHIN THE CITY OF SANTA MONICA A~D TO FIX A DATE FOR A PUBLIC ! 10\" 5431. i HEARING WHEN AKD WHERE AY.Y PERSON HAVING ANY INTEREST THERE IX OR ANY ; OPPOSITION TO THE GRANTI~G THEREOF ~~Y APPEAR BEFORE THE CITY COUNCIL AND ~L~Y BE HEARD THEREON", setting a public hearing on January 22, 1980, was adopted. 1 of the of regula on 11-27-7 1 of minutes. 101\ 5452 , J. I 3421 to Sprague ION 5453 Ise of -or CPLC. Agenda Item 6-D: Resolution No. 5452(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FOR}1AL BID PRO- CEDURE AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE DIRECTELY FOR THE REBUILDING OF SWI~~1I~G POOL FILTERS", was adopted awarding Contract No, 342l(CCS) to Sprague Company by issuance of P. O. ~o. 42541. Agenda Item 6-E: Resolution :'\0. 5453(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA RATIFYING THE COMPROMISE OF CLAIMS FOR THE CITY I S PUBLIC LIABILITY CHECKS ISSUED :{OVEHBER 1, THROUGH ~OVE:.lBER 15, 1979", was adopted. 2 Agenda Iten 6-F: Resolution No. 5454 (CCS) entl.tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA ~ONICA ACCEPTING AND APPROVING SUB- DIVISION MAP OF TRACT NO. 12545", for a 4-unl.t new condominium at 909 Arlzona Avenue, by Jack Spiegelman and Jerrold :1. Caris, was adopted. Agenda Item 6-G: Presented for consl.deration at this time was a Resolu- tion entitled: "A RESOLUTION OF THE CITY COD:\'CIL OF THE CITY OF SANTA ~ONICA ACCEPTIXG A~D APPROVING SUBDIVISION ~~P OF TRACT NO. 36483", for a 12-unlt new condominium at 814-818 Eighteentr. Street by Mu-Tsun and : Tsai-Huei Chen t'iu. :Iayor P,ro T,emp,o,re Y,annatta Goldway moved to deny the I flnal map. Second by Councilmember Jennings. After brief discussion the motion failed by the following vote: Council Vote: Affirmatlve: Councilmembers Yannatta Goldway and Jennings I I I I Councilmembers Reed, Rhoden, Scott, van I den Steenhoven and Hayor Bambrick I I b ! C,ouncilmem, er Reed moved to adopt Resolution No. 5455(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA ACCEPTING A~D APPROVI~G SUBDIVISION ~AP OF T~~CT NO. 36483". Second by Councilmember van den Steenhoven. ::egative: Council Vote: Affirmative: Councilmembers Reed, Rhoden, Scott, van den Steenhoven and Mayor Bambrick ~egative: Councilmembers Yannatta Goldway and Jennings Agenda Item 6-H: Resolution ~o. 5456(CCS) entitled: "A RESOLUnO:; OF THE CITY COU~CIL OF THE CITY OF SANTA MO~ICA WAIVING FURTHER FO~l~L BID PROCEDURE A~D AUTHORIZING DIRECT ~EGOTIATIO~ FOR PURCHASE OF A~ ATOMIC ABSORPTI01\1 SPECTRO-PHOTm1ETER", was adopted awardlng Contract No. 3422(CCS) to Instrumentation Labs. Inc. by issuance of P.O. No. 42542. Agenda Item 6-1: Resolution ~o. 5457(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA ~10NICA WAIVING FURTHER FOroJAL BID PROCEDURE A~D AUTHORIZING DIRECT ~EGOTIATION FOR LEASE OF AUTOMOBILES", was adopted awarding Contract ~o. 3423(CCS) to Claude Short Dodge by issuance of P. O. ~o. 42543. Agenda Item 6-J' Presented for consideration was a resolution waiving formal bid procedure and approving a contract with Vicente Bowles in the amount of $30,000 to rebuild Transfer Station loading hopper. After brief discussion Councllmember Reed moved to adopt Resolution No. 5458 (CCS) E'nti tIed: "A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF SANTA MO~ICA WAIVI~G FOR~IAL BID PROCEDURE &~D AUTHORIZING DIRECT NEGO- TIATION FOR REBUILDI~G TRA~SFER STATION LOADI~G HOPPER", awarding Contract ~o. 3424(CC5) to Vicente Bowles by issuance of P. O. No. 42544 l.n the amount of $30,000. Second by Councilmember Scott. Mayor Pro Tempore Yannatta Goldway asked that the record show that the City CounCl expressed their concern over the waiving of the formal bid procedure Council Vote: Affirmative: Councilmembers Yannatta Goldway, Reed, Rhoden, Scott, van den 5teenhoven and Mayor Bambrick Xegative: Councilmember Jennings Agenda Item 6-K: A recommendation for authorization of an energy audit i for the Main Llbrary by award of Contract No. 3425(CCS) to ANCO EngineerJ for a cost not to exceed $5,000 was approved and staff was authorized l to submit an application for funds to the California Energy Commisslon. I Agenda Item 6-L: A recommendation for a transfer Qf funds in the amount of $8,000 to Data Processing for completion of parking citation processing was approved. Agenda Item 6-M: A recommendation for ratification of revl.sions to the 3 223 RESOLUTIO~ subdi vis lOT of tract L adopted. {-lotion fal: ResolutlOn subdlVl.SlOI tract 3648: RESOLUTIOJ\ adoptea sul map of tra, RESOLUTIOK adopted~ a' CO"" 'TRi\.CT 3 InStYllDl8nt. RESEJWTIO~ adOPted, a' CONTR;\CT 3 Cla"Jde Shol Resolution waiving bil procedure Contract 3- VIC€mte 13c to rebmld Station 10 hopper Contract 34 AMCO Engine energy audl Main Librar parking ci t processing Revision to classificat of case y of Santa on to or bids 'f improve- 5459 Map ?>Jo. ing regard- :m of ZZnd Hter ::l 1/8/80 report 5460 lderground 1I ict on between :. and vd. job classification specificatIons of Administrative Intern, AdministratiVl' Assistant (unclassified), and Harbor Patrol Guard, was approved. I Agenda Item 6-N: The settlement of a case entitled HIll v. City of Santa i~onica, Case No. WEC 43884, was approved as recommended by staff and the I I' Director of Finance instructed to draw a warrant made payable to Rosemary Hill and her attorney, William Detrixhe in the sum of $4,350 in full and complete settlement of the case. Agenda Item 6-0' A recommendation for authorization to advertise for formal bids for water supply improvements on the Santa Monica Pier was , approved. 1 Agenda Item 6-P: Resolution No. 5459(CCS) entitled: "A RESOLUTIO?>J OF TH CITY COU?>JCIL OF THE CITY OF SA~TA MONICA ACCEPTING A~D APPROVING SUBDIVI- SION rL4P OF PARCEL NO. 11723", for a 4 -uni t new condominium at 707 PaClfi Street, by Gordon B. and Camey B. McGilvray, was adopted. I Agenda IteM 7-A: Presented for consideration at thIS time was a publIC hearing to hear protests regarding the vacatIon of Twenty-Second Street between Pennsylvania Avenue and Olympic Boulevard. The proof of postIng and mailIng was ordered flIed by Mayor Bambrick and the staff report was presented. The public hearing was opened at 9:47 P,~L by order of Mayor Bambrick. Tom Ivey, representative from Southern California Edison Company, spoke in favor of the proposed vacation. There being no other persons present desiring to address the Council, the public hearing was closed at 9:50 P.M. on motion of Councilmember Reed, Second by Council- member JennIngs. Council Vote: Unanimously approved 7-0 Council discussIon ensued concernIng the giving away of public property. I' Concern was also expressed regarding the possible loss of parking in this area. Councilmember Reed moved to adopt the Resolution and to require Southern California Edison Edison Company to Install a curb to the ' standards of the General Services Denartment where Pennsylvania Avenue runs Into Olympic Boulevard. Second" by Councilmember va~ den Steenhoven. After dIscussion Councilmember Reed withdrew the curb requIrement from her motion. Councllmember Scott moved a substitute motion to continue this Item until the next meeting and instruct staff to submit a report regardIng the number of parking spaces on this portion of street and whether there is a parking problem in this area. Second by Mayor Pro Tempore Yannatta Goldway. Council Vote: Unanimously approved 7-0 Agenda Item 7-B: Presented at this time was a public hearIng to hear objections regardIng establishment of an underground utility district on First Court between Colorado Avenue and Wilshire Boulevard. The public hearing was opened at 10:04 P.~. by order of Mayor Bambrick. There being no one wishIng to address the Council the public hearing was closed at 10:05 P.:l. bv motion of Councilmember Reed. Second bv Councilmember van den Steenho~en. ' Council Vote: Unanimously approved 7-0 Councilmember Reed moved to adopt Resolution No. 5460(CC8) entitled: "A RESOLUTION OF Ti1E CITY COU~CIL OF THE CITY OF SAXTA MO~ICA FI~DING THAT THE PUBLIC ~ECESSITY, HEALTH, SAFETY AND WELFARE REQUIRES, WITHIX A CERTAI~ DESIGNATED AREA, THE UNDERGROU]I;D INSTALLATIO:\ OF WIRES A:'m FACILITIES SUPPLYI~G ELECTRIC, CO~r~U~ICATION, OR SIMILAR OR ASSOCIATED SERVICES O~ FIRST COURT BETWEE]I; COLORADO AVEKUE AKD WILSHIRE BOULEVARD AND DESIGNATI:\G SUCH CERTAIN AREA AN UNDERGROUND UTILITY DISTRICT AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AN~ ASSOCIATED OVERHEAD STRUCTURES WITHIN SUCH DISTRICT A~D THE UXDERGROUND IKSTALLATIO~ OF SUCH WIRES AND FACILITIES". Second by Councilmember Jennings. CounCIl Vote: Affirmative: Councilmembers Yannatta Goldway, Jenning$, Reed, van den Steenhoven and ~Iayor Bambnck Negative: Councilmember Rhoden Absent: CouncIlmenber Scott (excused from the Chamber temporarily) 4 , Agenda Item 8-A: Presented for consideration at thlS time was the intro- 'Ordinance in1 duction of an ordinance regarding the repeal of the sale of fireworks in Iduced repeal' Santa ~onica. The public hearing was opened at 10:07 P.~. by order of 'sale of flrc ;Vlayor Bambrick. Rose Boin spoke in favor of the ordlnance as proposed. ISanta Monica The public hearlng was closed at 10:08 P.~. on motion of Councilmember Ito provide ill Reed, second by Councllmember van den Steenhoven. lof a Clty pel 11arge hreVOI Icompanles I I I I I I , Council Vote: Unanimously approved 7-0 Councilmember Rhoden moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA REPEALING CHAPTER 7A OF ARTICLE VI OF THE SAXTA MONICA MUNICIPAL CODE RELATING TO THE STORAGE, USE, AND SALE OF SAFE AND SANE FIRENORKS WITHIN THE CITY, AND RESCINDING RESOLUTION 530l(CCS), ESTABLISHING A PROCEDURE FOR THE PROCESSING OF PER~ITS TO SELL SAFE AND SANE FIREWORKS". Second by Councllmember Scott. After discussion the motion was amended with the consent of the maker and second to add a provlslon to allow large dlsplays of fireworks by permit. The motion as amended was approved by the followlng vote: Council Vote: Afflrmative: Councilmembers Yannatta Goldway, Reed, Rhoden, Scott and Mayor Bambrick l\egative: Councilmember Jennings and van den Steenhoven Agenda Item 8-B: Presented for conslderation at this tlme was an ordlnance for lntroduction repealing ~uniclpa1 Code Sectlon 9620, which sets landmark fees. The public hearing was opened at 10:17 P.M. by order of ~ayor Bambrick. There being no one wishing to speak, Councll- member Reed moved to close the publlc hearing. Second by Councilmember Rhoden. Council Vote: Unanimously approved 7-0 22 I Councilmember Reed moved to introduce an ordinance entitled: "AN ORDIXANl'ordinance i OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA REPEALING SECTIO~ 9620 OFduced repeH THE SANTA MONICA MU~ICIPAL CODE", second by Councilmember Rhoden. Municipal I Section 962 Council Vote: Affirmatlve: Councilmembers Yannatta Goldway, ,landmarks j Jennings, Reed, Rhoden, van den Steenhoven and l1ayor Bambrick l\egative: Counci1member Scott Agenda Item 8-C: Presented for conslderation at this time was the lntro- Ordinance in duction of an ordinance amending various :.1unicipal Code sections gov- I amending co(l erning taxicabs. The publlc hearing "as opened at 10: 33 P .:M. by order i ing taXlcabs of ~ayor Bambrlck. Walter Schwartz spoke in favor of the ordinance. I )Iartin Slosberg spoke ln oppos i tlon to the ordinance. There being no one: else wishlng to speak, the public hearing was closed at 10:40 P.M. on motlon of Councilmember Reed, second by Councilmember Rhoden. Council Vote: Unanimously approved 7-0 Councllmember Jennings moved to introduce an ordlnance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA k~E~DI~G CHAPTER 4 OF ARTICLE VI, OF THE SANTA MONICA MUl\ICIPALCODE REGARDI~G TAXICABS A~D LIMOUSINES FOR HIRE", wlth the following amendments: that under Section 6400 (a) and (b), the word "automobile" be deleted and replaced .d th the \Vord "vehlc1e"; in Section 6404, that the first sentence read, "safety of the operators, owners and public", addint the ,.;ord "public"; under Section 6403 changing "unlimited" license to one year license; and in Section 6406 the second sentence be deleted. Second by Councilmember Reed. Council Vote: Unanlmous1y approved 7-0 Agenda Item 8-D: Presented for consideration at thlS time was the adoption of an ordinance regulating the floor areas of bUl1dings in commercial zones. C?uncilmember Jennings moved to adopt Ordinance No. 1142 (CCS) entitled: "AN ORDII':ANCE OF THE CITY COUNCIL OF THE CITY OF 5 jordinance 114 regulating fl of bm1dings corrnnercial zc ;:;y to ordiance increases t tie- doim '-lgar rate l' ~\ SANTA ~O~ICA A~ENDI~G SECTIOXS 9ll3B, 9ll4B, A~D 9ll7B OF THE SA~TA ~ONICA ~UNICIPAL CODE REGARDI\G PROPERTY DEVELOPMEXT STA~DARDS", with the clarification added that the definition of the "hrst floor level" be the fIrst floor above the basement as defIned in Section 9102 of the MunIcipal Code. Second by Councilmember Reed. Council Vote Affirmative: Councilmembers Yannatta Goldway, Jennings, Reed Rhoden van den Steenhoven and Mayor Bambrick NegatIve: COHncilmember Scott Agenda Item lO-A' Presented at this tIme was a recommendation of the Airport CommIssIon dIrectIng the City Attorney to prepare an ordinance approving increases for the aircraft tie-down rate and the hangar rate. Councilmember Reed moved to request the City Attorney to prepare the ordinance as recommended by staff. Second by Councilmember van den Steenhoven. Ilse Koch present in the audience stated her objectIon to the rate increases. Councilmember Rhoden moved that they table this item untIl the Airport study comes back. Second by Councilmember van den Steenhoven. The motion failed by the following vote: CouncIl Vote' Affirmative: Councilmembers Rhoden, van den Steenhoven and ~ayor BambrIck ~egative: Councllmembers Yannatta Goldway, Jennings, Reed and Scott The main motIon was approved by the following vote: CouncIl Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Reed, Scott, van den Steenhoven and Mayor BambrIck :-Jegative: Councllmember Rhoden At 11:05 P.M. Councllmember van den Steenhoven moved to adjourn the meeting. Councilmember Reed seconded the motion. CouncIl Vote: Affirmative: Councilmembers Reed, Rhoden, Scott, van den Steenhoven N"egati ve: Councllmembers Yannatta Goldway, Jennings and ~ayor BambrIck ATTEST: APPROVED: (14.0. C7:) , ~ij,.;c:.-~ J - re-e;Snider ity Clerk " 1/) PU-u-/:' /jJi~d~ John BIi,nbrick Mayor - 6