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M-5/12/1981 . . . . CITY OF Sfu~TA MONICA CITY COUNCIL PROCEEDINGS ~ffiY 12, 1981 A meeting of the Santa Monica City Council was called to order at 7:02 P.M. Tuesday, May 12, 1981. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press (arrived at 7:10 P.M.) Councilmember Christine E. Reed (arrived at 7:35 P.M.) Councilmember Dennis Zane City Manager Charles K. McClain Acting City Attorney Robert M. Myers City Clerk Ann M. Shore CLOSED SESSION: Mayor Yannatta Goldway announced the purpose of the Special Call Meeting to hold a Closed Session to discuss pending litigation and personnel matters. At 7:04 P.M., Councilmember Conn moved to recess to Closed Session for the stated purposes. Second by ,Councilmember Zane. The motion was approved by unanimous vote !(Councilmembers Press and Reed absent). The Council reconvened at 7:35 P.M. with the following members present: Councilmembers Edwards, Conn, Jennings, Reed (having arrived follow1ng the Closed Session), Press (having arrived during Closed Session), Zane, and Mayor Yannatta Goldway. Councilmember Press moved, in regard to act10n taken in Closed Session, to ,approve the completion of the employee probation period for City Clerk Ann !M. Shore granting permanent employee status and an annual step increase. Second by Mayor Yannatta Goldway. The motion was approved by the fOllowing vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Abstain: Councilmember Reed ,Councilmember Press moved to authorize final payment in the amount of \$6,000 to Richard Knickerbocker for outs1de counsel services. Second by ,Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmat1ve: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Abstain: Councilmember Reed 1 May 12 1981! 283 284 . Councilmember Reed stated for the record that the reason she abstained from both mot~ons ~s because she considers the special meeting to be illegal due to lack of appropriate notice being given to her. At 7:36 P.M., Councilmember Conn moved to adJourn the special call meeting and adjourn to 8:10 P.M. later that even1ng to hold the regularly i scheduled Council meeting. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of America and 1ntroduced Reverend Clarence Davis, Calvary Baptist Church, who offered the invocation. The Council met as ! the Housing Authority at 7:37 P.M. and adjourned the Author1ty meeting at 8:20 P.M. The Counc11 met as the Redevelopment Agency at 8:20 P.M. and adjourned the Agency meeting at 8:31 P.M. The Council met in regular session at 8:31 P.M. with the following members present: Councilmember Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway. Mayor Pro Tempore Edwards moved to add Items 6-Z and 13-C to the agenda. Second by Councilmember Conn. The motion was approved by unanimous vote'j . 5-A: COMMISSION ON OLDER AMERICANS: Presented was an appointment to the Commission on Older Americans, continued from May 5, 1981, for reconsideratLon in view of Tima Tomash's decision not to accept the appointment made April 28, 1981, (later reconsidered by Ms. Tomash). Mayor Yannatta Goldway opened nominations. Councilmember Edwards nominated Morris Rosen. Councilmember Reed nominated Florence Cardine Councilmember Zane nominated Margo Leburg and Mayor Yannatta Goldway nominated Tima Tomash. The vote on the nominations was as follows: Morr1s Rosen: Councilmembers Edwards and Press Florence Cardine: Councilmembers Jennings and Reed Margo Leburg: Counc1lmembers Conn and Zane Tima Tomash: Mayor Yannatta Goldway There being insuffic1ent votes to make the appoint~ent, the vote was again called: Morris Rosen: Councilmembers Edwards, Jennings, Press and Mayor Yannatta Goldway Florence Cardine: Councilmember Reed . Margo Leburg: Councilmember Zane Morris Rosen was appointed to the commission on Older Americans for an unexpired term ending June 30, 1983. 5-8: APPEALS OF LANDMARKS DESIGNATION: ,pr~sented was ,the appeal of Fra~ S. DaVanzo, attorney for the estate of L1l1Lan McCambrLdge, from the . Landmarks Comm1ssion's designation of a single-faM11y residential structure at 2424 Fourth Street as a City Landmark (Case No. LC-OI-024) 2 May 12 198~ . . . . . continued from April 28, 1981. The proofs of publication and mailing wer~ filed by order of Mayor Yannatta Goldway. The public hearing was resumed, having been opened on April 28, 1981. David Cameron, member of the Landmarks Commission, spoke in support of the appointment of this structure as a City Landmark. Discussion was held. It was noted that the appellant was not present. Councilmember Reed entered into the record that a written notice had been received from Blanche Gieseke, 2513 Third Street as well as a file from the appellant objecting to the landmarks , designation. There being no one else present wishing to speak on the l subject, Councilmember Conn moved to close the public hearing at 8:40 P.M Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Councilmember Conn moved to designate as a City Landmark a single-family residence at 2424 Fourth Street affirming the recommendation of the Landmarks Commission and denying the appeal including findings presented in the report of the City Attorney dated May 12, 1981. Second by Councilmember Press. The motion was approved by the following vote: Counc~l Vote: Affirmative: Councilmembers Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmember Jennings 6. CONSENT CALENDAR: The Consent Calendar was presented for consideration. Councilmember Conn moved to approve the Consent Calendar with the exception of Items 6-A, 6-J, 6-K, 6-L, 6-M, 6-N, 6-Q and 6-T, adopting resolutions and ordinances therein, readlng 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: Continued to May 19, 1981. 6-B: REVOLVING CASH FUNDS: A request for reimbursement of the following I Department Revolving Cash Funds: Administrative Services $257.28; Recreation & Parks $191.34 and Police S121.10, was approved. 6-C: GUTTER DISTRICTS: Resolution No. 6252(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A DATE TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS IN GUTTER ASSESSMENT DISTRICT NO. 4 ON MAIN STREET BETWEEN PI CO BOULEVARD AND ' HOLLISTER AVENUE &~D GUTTER ASSESSMENT DISTRICT NO. 5 ON BROADWAY BETWEENI LINCOLN BOULEVARD AND ELEVENTH STREET", was adopted. settlng a hearing , date for June 9, 1981. 6-D: SIDEWALK DRIVEWAY AND CURB REPAIR: Resolution No. 6253(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS. (SR-80-16)", was adopted, setting a hearing date for June 9, 1981f 6-E: PAINTING CITY-OWNED BUILDING AT 1616 OCEAN AVENUE: Resolution No. ' 6254(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 May 12 1981 285 286 SANTA MONICA WAIVING FURTHER FO&~AL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF PAINTING A CITY OWNED APARTMENT BUILDING", was adopted. 6-F: BUS REPAIR: Resolution No. 6255(CCS) ent~tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sfu~TA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF BUS MAI~TENANCE & REPAIR SERVICES AT THE TRANSPORTATION DEPARTMENT", was adopted. 6-G: ELDERLY NUTRITION PROGRAM: Resolution No. 6256 (CCS) entitled: "A i ! RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING TH~ FILING OF A REAPPLICATION WITH THE LOS ANGELES COUNTY AREA AGENCY ON AGING FOR A NUTRITION PROGRAM FOR THE ELDERLY UNDER TITLE III OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED", was adopted. . 6-H: CITY BUS WINDOWS: Resolution No. 6257(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S&~TA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AL~D AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF MODIFICATIONS . OF BUSES", was adopted. 6-1: UTILITY REFUND: ReSOlution No. 6258(CCS) entitled: "A RESOLUTION Om THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING UTILITY TAX ! REFUNDS", was adopted. 6-J, 6-K, 6-L, 6-M: Considered later in the meet1ng. 6-N: Continued to May 19, 1981. 6-0: REFUSE TRANSFER STATION CONSTRUCTION: Request for approval of Change Order to Contract No. 363l(CCS) for additional slab construction at the refuse transfer station in approximate amount of $7,400, was approved. 6-P: FIRE STATION NO. 5 CONSTRUCTION: Request for approval of Change Order No. 1 to Construction Contract No. 3620(CCS) for Fire Stat10n No. 5 in the amount of $51,811. 6-Q: Continued to May 19, 1981. 6-R: WATER TRANSMISSION SUPPLIES: Bid No. 1607 was awarded to General Pump and McCalla Brothers for water transmission supplies for City Water Department in the amount of S31,944.l6. 6-S: BEACH BICYCLE RACKS: Contract No. 3642(CCS) Bid No. 1614 was awarded to Public Service Communications for bicycle racks at various locations on Santa Monica Beach. 6-T: Considered later in the meeting. 6-U: CALIFORNIA SOLAR UTILITY DEVELOPMENT AUTHORITY: Contract No. 3643(CCS) was approved entering into a Joint Powers agreement for a California Solar Utility Development Authority and Alternate Delegate Stan Scholl, D1rector of General Services, was appointed. 4 May 12 1981 . . . . j6-V: ELECTRICAL LOAD EQUIPMENT: Contract No. 3644(CCS) was awarded to !Southern california Edison Company to install load peak and electicity reduction equipment on City-owned build1ngs. 6-W: STREET REPAIR: Council ratified expenditure of emergency street repair at Cloverfield Boulevard and Michigan Avenue to Sully ~iller contractor, in the amount of $6,719.44. 16-X: JAIL FIRE ALARM SYSTEM: Resolution No. 6260(CCS) entitled: "A ,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S~~TA MONICA DECLARING AND DETERMINING THAT THE INSTALLATION OF THE FIRE ALARM SYSTEM IN THE POLICE JAIL MAY BE PURCHASAED MORE FAVORABLY IN THE OPEN MARKET", was adopted. 6-Y: BIKE LANES, PARKING LANES AND CROSSWALKS: Request to install bike lanes, parking lanes and additional crosswalks on Montana Avenue between 20th and 26th Streets and appropriation of $3.500 from General Fund iCapi tal Reserves, was approved. 6-Z: PETROLEUM PRODUCTS: Resolution No. 626l(CCS) entitled: "A i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER I FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF PETROLEUM PRODUCTS", was adopted. 'Icouncilmember Conn moved to hear Items 7-A through 7-H at this time. Second by Councilmember Reed. The motion was approved by unanimous vote. 7-A: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 116 PACIFIC STREET: Presented was the claim of Rebecca L. Binder and Gerald R. Fischer for a Vested Right/Hardship Exemption from the Building Moratorium (Ordinance No. 1207) to construct for townhouse condominiums at 116 Pacific Street (Claim No. 0011. The staff report was presented. Discussion was held. 'IThe following persons were sworn in by the City Clerk and gave testimony: ,Ricky Binder and Gerry Fischer spoke to request granting of their claim and rsponded to questions. Discussion was held. There being no one else wishing to speak, the hearing was closed by Mayor Yannatta GOldway. Councilmember Reed moved that the Council determine that the application of the moratorium to the claimant's project would result in an unfair hardship to the claimant and to grant an exemption, the record to indicate that both the claimant's testimony and written record were taken into laccount. Second by Councilmember Jennings. Discussion was held. 'Councilmember Zane moved a substitute motion to affirm the staff report and deny the claim for vested rights. Second by Mayor Yannatta Goldway. . The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Counc1lmembers Jennings and Reed Councilmember Jennings requested the record to reflect that his vote on this and all other applications for exemptions are not meant to indicate 'Ihe believes there is a legally enacted moratorium in existence in respect to this or to any other such project. Councilmember Reed requested the 5 May 12 198I . 287 288 record to reflect that she endorses and agrees with the reasons stated b~ Mr. Jennings. councilmember Zane moved to grant a hardship exemption to the claimants in this case indicating that both the verbal testimony and written record were taken into account. Second by Councilmember Press. Councilmember Press moved an amendment to requ1re as a condition of exemption owner-occupancy for a m1nimum of five years. Second by Mayor Yannatta Goldway. Discussion was held. The amendment failed by the follow1ng vote: Council Vote: Affirmative: Councilmembers Edwards, Press and Mayor Yannatta Goldway Negative: Councilmembers Conn, Jennings, Reed and Zane . hI' I exempt10n was approved by t e fol oW1ng ; The motion to grant the hardship vote: Council Vote: Affirmative: Councilmembers Edwards, Jennings, Press, Reed and Zane Negative: Councilmembers Conn and Mayor Yannatta Goldway 7-B: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 2110-2112 MAIN STREET: Presented was the claim of Peter Gibson for a Vested Right/Hardship Exemption from the Building Moratorium (Ordinance No. 1207) to construct an office building at 2110-2112 Main Street (Claim No. 002). Tne staff report was presented. Peter Gibson was sworn in by tne City Clerk and spoke to request granting the claim for vested rights and responded to questions. D1Scussion was held. There being no one else wishing to speak Mayor Yannatta Goldway closed the hearing. ~ouncilmemb~r Conn moved to deny the claim for vested rights. Second by Mayor Yannatta Goldway. With the consent of the second, Councilmember Conn included in the motion Councilmember Zane's suggestion that reference be made to staff's findings in this case that the claimant had not secured final governmental approval prior to April 22, therefore good faith liabilities have not been incurred; and that is the basis for denial. The motion was approved by the follow1ng vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Reed requested the record state her no vote is for the same reason indicated on Item 7-A (that no legally enacted moratorium is in existence) . Councilmember Conn moved to find no unfair hardship to the claimants in this case and denial of the claim. Second by Mayor Yannatta Goldway. 6 May 12 1981 I . . . . Negative: Councilmembers Jennings and Reed Il-G: SECOND-HAND DEALERS: Fresented was a staff report recommending that the City Attorney be directed to prepare an ordinance relating to second-hand dealers to regulate illegal activities. ~ayor Yannatta Goldway moved to direct the City Attorney to prepare such an ordinance. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 (Councilmember Jennings departed at 12:58 A.M.) 10-B: AIRPORT INSURANCE REQUIREMENTS: Presented was a staff report transmitting a recommendation of the Airport Commission concerning insurance requirements for aircraft based at Santa Monica Airport. Councilmember Reed moved to authorize an appropriation of $5.500 for a half-time staff person for the balance of the fiscal year specifically to monitor Airport insurance requirements; further to direct the City : Attorney to draft an ordinance permitting insurance requirement fees to T set by resolution. Second by Councilmember Conn. The motion was approve by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings ! 8-B: STREET LIGHTING ASSESSMENT DISTRICTS: Presented was a staff repor: transmitting an ordinance for introduction establishing supplemental procedures for creating street lighting assessment districts. The public hearing was opened at 1:00 A.M. Alison D. S. L. Arnold spoke in support of street lighting and requested a joint meeting with the Rent Control Board toward including in the ordinance passing along costs to renters. I There being no one else wishing to speak. Councilmember Conn moved the hearing be continued to August 4. 1981. Second by Councilmember Reed. I The motion was approved by unanimous vote. . 13-A: CITIZENS PLANNING TASK FORCES: Presented was the matter of appointment of a member to fill a vacancy on the Citizens Planning Task Force and discussion of attendance at meetings. Councilmember Zane moved to nominate Greg Broughton to fill the vacancy on the Commercial/Industrial Planning Task Force caused by resignation of Denisq Duncan. Second by Councilmember Reed. The motion was approved by the I following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings Councilmember Reed submitted to the Council and Clerk a letter from Robe t Barnett resigning from the Residential Planning Task Force. There being no objection. Mayor Yannatta Goldway requested the Clerk to report to th Mayor regarding attendance on these Task Forces. 10 July 28. 19 1 . . . . ~ 453 . l3-D: PIER CAROUSEL: Presented was the request of Mayor Yannatta Goldway to discuss promotional plans for opening week of the Pier Carousel on August 14, 1981. Mayor Yannatta Goldway moved to authorize the City Manager to allow the sale of tickets at the Civic Auditorium booth for fund-raising events at the pier Carousel the weekend of August 14 through 16. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings ll-E: CLOSED SESSION: At 1:05 A.M., Councilmember Conn moved to adjourn to Closed Session for the purpose of discussing pending litigation and personnel matters. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Council reconvened at 1:30 A.M. with the following members present: Councilmembers Conn, Edwards, Press, Reed and Mayor Yannatta Goldway. . Mayor Yannatta Goldway moved to authorize payment to Herman Selvin for attorney fees in the case of Pines versus the City. Second by Councilmember Conn. The motion was approved by the following vote: council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Zane ,Mayor Yannatta Goldway moved to approve stipulation for I judgment in the case of Henry versus the City. Second by Councilmember Conn. The motion was approved by the following vote: council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Zane . ADJOURNMENT: At 1:34 F.M. Councilmember Reed moved to adjourn to 7:30 P'.M. Tuesday, August 4, 1981, to consider remaining agenda items, and wishing every good wish to Prince Charles and Lady Diana Spencer on their !wedding this day, and on behalf of Mayor Yannatta Goldway, in memory of I'patricia O'Donnell born in Santa Monica, former resident, graduate from Santa Monica High School, and whose parents are long-time residents, on behalf of councilmember Press, in memory of Harry Chapin, a great creative artist and a man with a deep social conscience about hunger in the world. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Zane (:l!A EST: ,) '-../' ",/ 7 ' ' " · /-VL..-1Il / J;J/U.l.k-Z Ann M. Shore !City CIerk ! =",~~fm" ~I~:::-~8l 11 .