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M-4/28/1981 . . . . CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS APRIL 28, 1981 A meeting of the Santa Monica City Council was called to order by Mayor Yannatta Goldway at 7:35 P.M. on Tuesday, April 28, 1981. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of America and introduced Father Cyril J. Woods, Saint Anne's Catholic Church, who offered the invocation. 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 7:40 P.M.) Councilmember Christine E. Reed Councilmember Dennis Zane City Manager Charles K. McClain Acting City Attorney Robert M. Myers Assistant City Attorney Stephen Stark City Clerk Ann M. Shore the Council convened as the Housing Authority at 7:35 P.M. which adjourned ~t 7:44 P.M. The Council convened as the Redevelopment Agency at 7:45 ~.M. which adJourned at 8:15 P.M. The Council meeting meeting convened at ~:15 P.M. 4-A: VISITING COUNCILOR FROM WALES: Councilor Morlais Thomas, representing the town of Gorsemon and the borough of Lliw Valley, Wales, presented a letter and City seal to the C1ty of Santa Monica. 4-B: EMPLOYEE SERVICE PIN: Mayor Yannatta Goldway presented an employee ~ervice pin to Andrew Ponton, Fire Captain, in recognition of 30 years of ~ervice. Councilmember Conn moved to add Agenda Items 6-M, 9-B, 9-C, Il-D, ll-E, 13-A through 13-J. The motion was seconded by Councilmember Zane and approved by unanimous vote. Councilmember Conn moved to consider Item l3-D at this time. Second by Councilmember Press. The motion was approved by unanimous vote. 13-D: CHILDREN OF ATLANTA: Presented was the request of Councilmember Conn for discussion of a resolution in sympathy and support for the children of Atlanta. Gerry Franklin, on behalf of Reverend Ellis Casson, read a resolution prepared in support of suffering people of Atlanta, Georgia. Councilmember Conn moved that the Council go on record in support of the people of Atlanta, Georgia, and to authorize the City Attorney to draw up an appropriate resolution for the next regular 1 April 28, 1981 263 264 meeting. The motion was duly seconded. Following discuss1on, the motion was approved by the following vote: Council Vote: Unanimously approved 7-0 5-A: COMMISSION ON OLDER AMERICANS: Presented was the subject of an appointment to the Commiss1on on Older Americans, previously Item l3-A on March 25, 1981. Mayor Yannatta Goldway invited nominations. Councilmember Press nominated Tima Tomash. Councilmember Reed nominated Florence Cardine. There being no other nominations, nominations were closed. The vote on the nominations was as follows: Tima Tomash: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Florence Card1ne: Councilmember Reed Tima Tomash was appointed as a member of the Commission on Older Americans for a term to expire June 30, 1983. 5-B: WATER WELL DRILLING: Presented was a staff report requesting approval of a compromise agreement with Beylick Drilling regarding Water Wells #16 and #17, previously Item ll-A on April 14, 1981. councilmember Conn moved to author1ze the execution of Contract No. 3639(CCg) entering into a Compromise Agreement, Guarantee and Personal Guarantee to resolve the dispute with Beylick Drilling company regarding water wells which do not conform to contract specificat1ons. Second by Councilmember Jennings. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 5-C: FINAL TRACT MAP NO. 35408: Presented was the request of Virginia Moore to address the Council regarding Final Tract Map No. 35408 located at 2224 Oak Street, previously Item l2-B on April 14, 1981. Virginia Moore requested that Council consider and approve the map. Following discussion, Councilmember Reed moved that the matter be agendized for the next regular Council meeting. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unan1mously approved 7-0 5-D: FOURTH STREET UNDERPASS MURAL: Presented for consideration was the request of Councilmember Reed for discussion regarding the Fourth Street Underpass mural, continued from April 14, 1981 (Item 13-A) to receive a report from staff in regard to the City's contract with Muralist Jane Golden and her offer to place bronze plaques at the mural s1te upon receiving donations. The staff report was presented. Ann Dollard and Jane Golden reported that that the bronze plaque project, suggested as a method of funding, would be el1minated and donations returned; she spoke in regard to their lack of funding and requested extension of time to complete the project. Discussion was held. ~ouncilmember Jennings moved to extend existing Contract No. 3568(CCS) for six months, to be re-assessed at the end of six months. Second by Councilmember Zane. Following discuss1on, with the consent of the second, Councilmember 2 April 28, 1981 . . . . . . . . IJennings amended the motion to provide that the contract automatically extend month-to-month until the City gives a two-week notice that it terminates at the end of one of those thirty day extensions. The motion as amended was approved by the following vote: Council Vote: Affirmative: Councilmembers Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Abstain: Councilmember Conn 5-E: FINAL TRACT MAP NO. 36802: Presented was a staff report and i !resolution approving Final Tract Map No. 36802 submitted by Charles C. Hou' for a 5-unit new condominium at 2325 Twentieth Street, previously Item 6-L ,on April 14, 1981. Councilmember Reed moved to adopt a resolution !approving Final Tract Map No. 36802, as recommended by staff, noting that it complies with the Tentative Map. Second by Councilmember Jennings. Discussion was held. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Edwards, Jennings and Reed Negative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway Mayor Yannatta Goldway moved to deny Final Tract Map No. 36802 based on findings detailed in Government Code Sections 66474(a) and (b) that the Iproposed building and its design is not consistent with applicable general 'or specific plans, including the adopted Housing Element, nor does it conform to the needs of the Housing Element as directed by the State for us to amend; it does not meet the concerns for low and moderate income housing In those plans. Second by Councilmember Press. The motion to deny the Final Tract Map was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway Councilmembers Edwards, Jennings and Reed icouncilmember Press moved to consider Item ll-C at this time. Second by Councilmember Reed. The motion was approved by unanimous vote. Negative: ll-C: LIBRARY AUTOMATED SYSTEM: Presented was a staff report recommending procurement of an automated clrculation, catalog and iacquisition system for libraries, appropriation of additional funds and 'execution of an agreement. The staff report was presented, including participation by Joseph Matthews, consultant on library automation. Discussion was held. Councilmember Reed moved to approve the staff recommendation authorizing the City Manager to negotiate a contract for the purchase of the automated circulation, catalog and acquisition system !for the library with either Data Phase Systems, Inc., or GEAC, Inc., whichever is most advantageous to the City;' directing the City Manager to return to the Council for approval of a contract prior to such execution; 3 April 28, 19811 265 266 . further recommending transfers of currently budgeted funds in the librarYi accounts and revenue sharing accounts. Second by Councilmember Jennings. Following discuss1on, Counc11member Reed offered the motion in two parts. The vote was called on the first part of the motion to direct the staff to negotiate w1th the two bidders for a contract and return the contract to the City Council for review. The motion was approved by the following vote: Council Vote: Aff1rmative: Councilmembers Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers Conn and Edwards Councilmember Reed withdrew the second half of the motion regarding transfer of funds pending addit10nal information to be returned by staff. Mayor Yannatta Goldway moved to consider Item 7-A at this time. Second by Councilmember Conn. The motion was approved by unanimous vote. 7-A: APPEAL OF LAt~DMARKS DESIGNATION: Presented was a public hearing on an appeal from the Landmarks Commission's designation of a s1ngle family! residential structure at 2424 Fourth Street as a City Landmark (LC-OI-024). The proof of publication was ordered filed by Mayor Yannatta Goldway. The staff report was presented. The public hear1ng was opened at 1015 P.M. Ruth Weisberg spoke in support of designating the structure as a City Landmark. Mayor Yannatta Goldway moved to continue the public hearing to May 12, 1981, at 7:30 P.M. to comply with notice procedures. Second by Councilmember Zane. The mot1on was approved by the following vote: . Counc11 Vote: Unanimously approved 7-0 8-A AND 8-B: BUILDING MORATORIUM ORDINANCE: Presented was an emergency ordinance for adoption and an ordinance for introduction creating a moratorium on commercial and residential development, amending Ordinance No. 1205(CCS) to authorize an additional exemption to permit those developers who have entered into agreements with the Housing Authority for low or moderate income housing, primarily as a result of Coastal Commission cond1tions, to be exempt from the moratorium. Discussion was held. Councilmember Reed requested the record to reflect that she does not believe there is an emergency as stated in the context of this . ordinance which Justified the action being taken: further that she did no~ receive written material unt11 the meeting started: for those two reasons . she is not going to vote for this ordinance. Further discussion was held. The public hearing was opened at 10:27 P.M. Manouchehr Barcohen asked questions about exemptions in regard to Final Tract Maps. Alison D. S. L Arnold spoke in regard to the seeming contradiction in the ordinance permitting demolition but not necessary repair: to request that the process by which the hearing examiner is chosen should be specified in th4 amended ordinance; and that it be noted that hardships are upon the I community, not the developer. There being no one else wiShing to speak on the subject, the hearing was closed at 10:38 P.M. Mayor Pro Tempore Edwards moved to adopt Ord1nance No. 1207(CCS) entitled: "AN ORDINANCE OF 4 April 28, 198~ . . . . . I THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A MORATORIUM ON . COMMERCIAL AND RESIDENTIAL DEVELOPMENT AND DECLARING THE PRESENCE OF AN I EMERGENCY", such moratorium to remain in effect until October I, 1981, reading by title only and waiving further thereof. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press. Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Mayor Yannatta Goldway moved to introduce an ordinance entitled: "AN I ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A 'MORATORIUM ON COMMERCIAL AND RESIDENTIAL DEVELOPMENT" reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Counc1l Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed i 9-A: WASHINGTON AVENUE TRAFFIC IMPROVEMENTS: Presented was a staff , report recommending approval of a resolution removing Washington Avenue from the 1995 Funct10nal Usage Study System, a new traffic pattern for four-month trial period and appropriation of $5,000 for purchase of temporary barriers on Washington Avenue between 20th and 26th Street. The' I following members of the public addressed the matter: Michael Gottlieb, 'Jerry Reznick, Arthur Eskelin, Darryl Turner and Stanley Rubin spoke in support of the proposal. Alison D. S. L. Arnold requested that the resolution include the appropriation authorization. Mary Tramikoff spoke 1n favor of traffic s1gnals for slowing down traffic. Discuss10n was held. Counc1lmember Zane moved to continue discussions past 11:00 P.M. iSecond by Councilmember Jennings. The motion was approved by a vote of six in favor (Councilmember Reed voting in opposition). Councilmember Reed moved to adopt Resolution No. 6248(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING APPROVAL OF A DELETION FROM THE 1995 FUNCTIONAL ,USAGE STUDY SYSTEM", removing Washington Avenue between Ocean Avenue and 'Stanford Street from the System: reading by title only and waiving further reading. Second by Councilmember Conn. The motion was approved by the fOllowing vote: Council Vote: Unanimously approved 7-0 Councilmember Reed moved to further instruct staff to install traff1c barriers for a four-month trial period on Washington Avenue to prohibit eastbound traffic at 20th Street and westbound traffic at 26th Street and further instruct staff to return to Council after the four-month trial !period w1th recommendations on permanent installations. cost estimates and funding sources. Second by Councilmember Conn. The motion was approved by the following vote: 5 April 28. 1981 267 268 . Council Vote: Unanimously approved 7-0 Councilmember Conn moved to appropriate $5.000 from the General Fund Reserve for Capital Improvements to purchase and install temporary barr~ers on Washington Avenue between 20th and 26th Streets. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 A recess was held at 11:05 P.M. The Council reconvened at 11:12 P.M. with all members present. Councilmember Conn moved to consider next the Consent Calendar. 9-B and 12-D. Second by Councilmember Reed. The motioh was apprroved by unanimous vote. 6. CONSENT CALENDAR: The consent calendar was presented for consideration. after which Councilmember Reed moved to approve the Consent Calendar with the exception of Items 6-E, 6-F, 6-G. 6-L and 6-M adopting resolutions and ord~nances therein. reading 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: APPROVAL OF MINUTES: The minutes of the City Council meet~ng held: April 14, 1981, were approved. 6-B: REVOLVING CASH FUNDS: The request for reimbursement of the following Department Revolv~ng Cash Funds: Administrative Service. $402.28; Transportation. $87.20; Airport, $81.93; City Attorney. $82.53. was approved. 6-C: PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT REGARDING FIREFIGHTERS: Ordinance No. 1206(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING A.~ AMENDMENT TO THE CONTRACT BETWEEN, THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC, EMPLOYEES' RETIREMENT SYSTEM", was adopted and Contract No. 3648(CCS) was approved. 6-D: CLOVER PARK SPORTS FIELD LIGHTING: Resolution No. 6247(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR CLOVER PARK". was adopted. 6-E, 6-F, 6-G: Continued to May 5. 1981. . 6-H: BUS AIR DRYERS: Recommendation to award Bid No. 1603 to Charles W. Carter Co. for Bendix air dryers for City buses in the amount of $25.753.95. was approved. 6-1: WATER SERVICE FITTINGS: Recommendation to award Bid No. 1604 to certa~n vendors for service fittings for the City Water Department in the, total amount of $67.509.75. was approved. 6 April 28. 1981 . . . . . 6-J: OCEfu~ PARK LIBRARY PIPES: Recommendation to award Bid No. 1606 to E. A. Potts & Son, Inc. to repipe Ocean Park Library 1n the amount of $11,900, was approved. 6-K: WATER DEPARTMENT CAUSTIC SODA: Recommendation to award Bid No. 1605 to Kern Industries for caustic soda for the Water Department 1n the amount of $18,975, was approved. 6-L: Continued to May 5, 1981. 6-M: Considered during Closed Session at end of meeting. 9-B: USE OF NATURAL GAS IN UTILITY POWER PLANTS: Presented was a resolution in support of legislation removing restrictions and prohibitions on the use of natural gas in utility power plants. Councilmember Reed moved to adopt Resolution No. 6249(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF LEGISLATION REMOVING THE RESTRICTIONS AND PROHIBITIONS ON THE USE OF NATURAL GAS IN UTILITY POWER PLANTS", reading by title only and waiving further reading thereof. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 l2-B: CARIBBEAN CARNIVAL PARADE: Presented for cons1derat1on was the request of Jean Smith, Coordinator of the Caribbean Carnival, to address the Council regarding the holding of a parade at 11:00 A.M., May 24, 1982. Jean Smith 1ntroduced Joseph Weithers who presented their request to hold a parade from 11:00 A.M. to 1:00 P.M. May 31 (rather than May 24th, based on discussions with staff) limited to 250 partic1pants. Councilmember Reed moved to uphold the administrative denial for a parade on May 24. 1981; direct staff to issue a perm1t to Carribean Carnival to hold a parade on May 31, 1981, from 11:00 A.M. to 1:00 P.M.; and to authorize the City Manager to attach such cond1tions as staff and the Police Chief deem necessary. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Conn moved to consider Item 13-B at this time. Second by Councilmember Zane. The motion was approved by unanimous vote. l3-B: COUNCIL MEETING SCHEDULE: Presented for consideration was the request of Mayor Yannatta Goldway to discuss a meeting schedule for extended Council sessions. Discussion was held. Councilmember Conn moved to hold continued Council meetings on the following Tuesday when necessary to extend them. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Aff1rmat1ve: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed 7 April 28, 1981 269 270 6-M, ll-D AND l3-J: CLOSED SESSION: At 11:40 P.M., Mayor Yannatta Goldway moved to hold a Closed Session to discuss pending litigation and personnel matters. The motion was duly seconded and carried by unanimous vote. The Council reconvened at 12:41 A.M. with the following Councilmembers present: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway. Councilmember Conn moved to approve execution of a settlement agreement and appropriate documents and authorize payment of the balance of our self-insurance retention fund in Case WEC 65634 (Addie Smith and Estelle Berry versus City of Santa Monica). Second by Councilmember Zane. The motion was approved by the following vote: Councll Vote: Unanimously approved 6-0 Absent: Councilmember Reed councilmember Conn moved to authorize payment of an interim bill to Herman Selvin for services in the pines case. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed councilmember Conn moved to authorize payment of bill to Baum and Cohen for services in the Pitts, Jefferson and Koch cases. Second by Mayor Pro, Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Councilmember Conn moved to authorize the City Attorney to participate with the City of Los Angeles in the rate case General Telephone Company has filed with the PUC in opposition to rate increase requests and to contribute $1,000 to share the costs of an expert witness in the case. Second by Mayor Pro Tempore Edwards. The motlon was approved by the fOllowing vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 13-E: MAYORAL APPOINTMENTS OF DELEGATES, ALTE~~ATES AND LIAISONS: Mayor Yannatta Goldway announced the following appoointments of delegates, alternates and liaisons: Mayor Pro Tempore Edwards: Head of Citizens Crime Prevention Task Force, liaison for Commission on Older Americans, official representative on Project Heavy-West Board. Councilmember Zane: Liaison for Planning Commission and Housing Commission. 8 April 28, 1981 . . . . . . . . Councilmember Press: Liaison to Personnel Board and Rent Control Board. Councilmember Conn: Liaison to Recreation and Parks Commission and Airport Commission. Mayor Yannatta Goldway: Liaison to Architectural Review Board. Councilmember Jennings: Liaison to the Library Board. Councilmember Reed: Liaison to Landmarks Commission. Southern California Rapid Transit District - City Selection Committee Delegate: Alternate: Councilmember Reed Councilrnember Jennings Delegate: Alternate: Independent Cities of Los Angeles County Councilmember Jennings Councilrnernber Reed Delegate: Alternate: League of California Cities (Los Angeles Division) Councilmember Press Councilrnember Zane Delegate: Alternate: League of California Cities (State Division) Mayor Pro Tempore Edwards Councildmember Press (Delegate: Alternate: Los Angeles County Transportation Commission Appointed from other city) Councilmernber Reed Delegate: Alternate: National League of Cities Mayor Yannatta Goldway Councilmember Conn Delegate: Alternate: Rapid Trans1t District Councilmernber Reed Councilmernber Jennings Southern California Association of Governments Delegate: Alternate: Councilmember Zane Councilrnernber Reed 9 April 28, 1981 271 272 U. S. Conference of Mayors Delegate: Alternate: Mayor Yannatta Goldway Mayor Pro Tempore Edwards Joint Powers on Solar Energy Delegate: Councilmember Zane PERSONNEL MATTERS: Mayor Yannatta Goldway announced the Council's acceptance of the resignation of City Manager McClain with regret and appreciation for a good Job and appointment of John Jalili as Acting City Manager effective May 26, 1981, salary to be negotiated within the next thirty days to compensate for the increased responsibility. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed ADJOURNMENT: At 12:51 A.M. Mayor Yannatta Goldway moved to adJourn to May 5, 1981 at 5:30 P.M., the first item to be a Closed Session to discuss pending litigation and personnel matters, followed by consideration of I continued agenda items at 7:30 P.M.; and that, on behalf of Councilmember! Conn, the meeting be adjourned in memory of Walt Lucas, President of sant~ Monica Teachers Association. Second by Councilmember Conn. The motion ' was approved by the following vote: Council Vote: unanimously approved 6-0 Absent: Councilmember Reed ATTEST: /~ APPROVED: U{v~J,~~ ~~~anna~ta ~l~ /) '-,/ f U:;0<' //LW~ Ann M. Shore City Clerk 10 April 28, 1981 . . . .