M-8/24/1982
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423
CITY OF S&~TA MONICA
CITY COUNCIL MINUTES
AUGUST 24, 1982
A meeting of the Santa Monica City Council was called to order at
7:31 P.M., on Tuesday, August 24, 1982, by Mayor Pro Tempore
Edwards. Mayor Pro Tempore Edwards led the assemblage in the
pledge of allegiance to the Unlted States of America, and
introduced Reverend Carlyle Gill of St. Augustine-By-the-Sea
Episcopal Church, who offered the invocation.
Roll Call: Present: Mayor Pro Tempore Ken Edwards
Councilmember James P. Conn
Councilmember William H. Jennings
(entered at 7:39 P.M.)
Councilmember Dolores M. Press
Councilmember Christine E. Reed
Councilmember Dennis Zane
City Manager John H. Alschuler, Jr.
City Attorney Robert M. Myers
Acting City Clerk Connie L. McNeely
Absent:
Mayor Ruth Yannatta Goldway
Councilmember Conn moved to add Items 7-B, 8-A, 9-B, ll-B, and l4-A
to the agenda. Second by Councilmember Zane. The motion was
approved by unanimous vote.
5-A: LIQUOR LICENSE/SUPER SUSHI: Presented was a staff report
transmitting a recommendation to withdraw opposition to a liquor
license for Super Sushi and to direct staff to advise the Alcoholic
Beverage Control Board of that recommendation. Discussion was
held. (Councilmember Jennings entered at 7:39 P.M.) T. Michael
Fehmel, representing Super Sushi, and Tony Haig spoke in regard to
the matter. Councilmember Zane moved to withdraw opposition to the
Alcoholic Beverage Control granting of a beer and wine license to
Super Sushi, but to indicate to Alcoholic Beverage Control that
Council would continue to protest the granting of a license beyond
beer and wine at that site. Second by Councilmember Conn. The
motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Jennings,
Reed, Zane and Mayor Pro Tempore
Edwards
Negative:
Councilmember Press
Absent:
Mayor Yannatta Goldway
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August 24, 1982
424
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Councilmember Zane moved to direct the City Attorney to report on
alternatives dealing with the phasing out of nonconforming uses in
regard to the Main Street plan for assessing whether there were any
policies, programs, ordinances, or amendments to the plan that
needed to be adopted to assure that the public will was reflected
in that the Main Street plan was in fact transformed into reality.
Second by Councilmember Press. Discussion was held. With the
consent of the second, Councilmember Zane included in the motion
the suggestion of the City Manager that the report be submitted
Jointly by the City Manager's office and the City ~ttorney's office
so that both the policy concerns and the legal concerns would be
outlined. The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
6. CONSENT CALENDAR: The Consent Calendar was presented.
Councilmember Conn moved to approve the Consent Calendar with the
exception of Items 6-B, and 6-N, reading ordinances and resolutions
by title only and waiving further reading thereof. Second by Mayor
Pro Tempore Edwards. The motion was approved by the following
vote:
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Council Vote: unanimously approved 6-0
Absent: Mayor Yannatta Goldway
6-A: Withdrawn at the request of staff.
6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 6544(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-82-33)," was adopted setting
public hearing for September 28, 1982.
6-D: BICYCLE AND PEDESTRIAN IMPROVEMENTS: Resolution No.
6545(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY
OF SANTA MONICA APPROVING THE APPLICATION FOR BICYCLE AND
PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821," was adopted and a
recommendation for allocation of current funds and carry-over of
prior year funds and use in Fiscal Year 1982-83 for bicycle and
pedestrian improvements was approved.
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6-E: URBAN MASS TRANSPORTATION APPLICATION: Resolution No.
6546(CCS) entitled: "RESOLUTION AUTHORIZING THE FILING OF AN
APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF
AMERICA, FOR ~~ OPERATING GRANT UNDER SECTION 5 OF THE URBAN MASS
TRA'\fSPORTATION ACT OF 1964, AS AME:<fDED," was adopted setting public
hearing for September 30, 1982.
6-F: PROPOSITION A TRANSPORTATION ASSISTANCE: A recommendation
for authorization of City Manager to execute assurances to Los
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August 24, 1982
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425
Angeles County Transportation Commission and to file applications
for transportation assistance fund1ng under Proposition A was
approved.
6-G: SOCIAL SERVICES COMMISSIO~: A recommendation to authorize
City Clerk to advertise vacancy on Social Services commission was
approved.
6-H: FISCAL YEAR 1982-83 BUDGET/COMMUNITY AND NEIGHBORHOOD
SERVICES: Resolution No. 6547(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF S&~TA MONICA AMENDING THE BUDGET FOR
THE FISCAL YEAR 1982-83," was adopted to carryover Community
Development Block Grant funds from prior year to Community and
Neighborhood Services budget, and a recommendation for
authorization of City Manager to implement adjustments was
approved.
6-1: LEACH BARS/REFUSE CONTAINERS: A recommendation to reject all
submissions on Bid No. 1766 for leach bars and refuse containers
was approved.
6-J: BOTTLED GASES: Bid No. 1769 was awarded to Amweld, Inc.,
ABSCO Distributing, American Welding & Industrial Sales, and Sims
Welding Supply Company for period of September 1, 1982 through
August 31, 1983 for bottled gases.
6-K: BUS REPLACEMENT GLASS: Bid No. 1771 was awarded to McFarling
Glass Corporation for period of September 1, 1982 through August
31, 1983 for bus replacement glass.
6-L: BRAKE REPAIR SUPPLIES: Bid No. 1772 was awarded to Delmer's
precision Brake Shop for period of September 1, 1982 through August
31, 1983 for emergency brake repair supplies.
6-M: Withdrawn at the request of staff.
6-0: RADIO MONITOR; Bid No. 1779 was awarded to Cushman
Electronics, Inc., in amount of $18,642.83 for radio monitor for
Police Department.
END OF CONSENT CALENDAR
6-B: NUTRITION PROGRAM DRIVER/DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT/ASSISTANT PLANNER: Presented was a resolution
establishing the salary for Nutrition Program Driver and a
recommendation for approval of job specifications for the Director
of Community and Economic Development and Assistant Planner.
Councilmember Reed opened discussion. Councilmember Zane moved to
adopt Resolution No. 6543(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY FOR THE
POSITION OF NUTRITION PROGRAM DRIVER," reading by title only and
waiving further reading thereof, and to approve the Job
specifications for Director of Community and Economic Development
and Assistant Planner. Second by Councilmember Press. Following
discussion, the motion was approved by the following vote:
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August 24, 1982
426
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Council Vote: Affirmative: Councilmembers Conn, Jennings,
Press, Zane and Mayor Pro
Tempore Edwards
Negativer:
Councilmember Reed
Absent:
Mayor Yannatta Goldway
6-N: KENDALL INVESTMENT COMPk~/1541-1551 OCE&~ AVENUE: Presented
was a resolution authorizing execution of an easement agreement
with Kendall Investment Company for the property at 1541-1551 Ocean
Avenue. Councilmember Jennings opened discussion. Councilmember
Jennin']s moved to adopt Resolution No. 6548(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZ ING EXECUTION OF AN EASEMENT AGREEMENT FOR PROPERTY AT
1541-1551 OCE&J>J AVENUE," readlng by title only and waiving further
reading thereof, authorizing the City Manager to execute easement
agreement Contract No. 3833(CCS), with the following changes: that
the uses would be restricted to restaurants: that Paragraph 6.4
would be deleted, and that, in Paragraph 18, the word "servient"
would be changed to the word "dominant". Second by Councilmember
Reed. Discussion was held. With the consent of the second,
Councilmember Jennings amended his motion, substituting "food
servicesll for IIrestaurants.1I Discussion continued. Michael Miller
spoke on behalf of Kendall Investment Company, indicating that the
motion was acceptable to the developer. Councilmember Reed stated
for the record that, recognizing that normal maintenance, at least
on an emergency basis, in many areas of the City included taking
black top and filling in cracks. She would not accept normal
maintenance as buying special pavers and replacing broken or
cracked ones. The motion was approved by the followlng vote:
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Council Vote: Unanimously approved 6-0
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Absent: Mayor Yannatta Goldway
7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a public hearing on
the assessment of costs to repair damaged sidewalks, driveways and
curbs (SR-82-31). The staff report was presented. At 8:34 P.M.,
Councilmember conn moved to open the public hearing. Second by
Councilmember Zane. The motion was approved by unanimous vote. At
8:35 P.M., there being no one wishing to speak on the matter,
Councilmember Press Moved to close the pUblic hearing. Second by
Councilmember Conn. The motion was approved by unanimous vote.
Councilmember Conn moved to adopt Resolution No. 6549(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS &~D CURBS
(SR-82-31)," reading by title only and waiving further reading
thereof. Second by Mayor Pro Tempore Edwards. The motion was
approved by the following vote:
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August 24, 1982
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Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
7-B: HOUSING ELEMENT: Continued to August 31, 1982.
8-A: PARKING METERS: Presented was a staff report transm~tting an
ordinance for introduction changing parking meter zone boundaries,
hours of operation, and rates, and a recommendation for a $36,000
appropriation for meter conversion. Discussion was held. At 8:40
P.M., Councilmember Conn moved to open the public hearing. Second
by Councilmember Press. The motion was approved by unanimous vote.
At 8:41 P.M., there being no one wishing to speak on the matter,
Councilmember Conn Moved to close the public hearing. Second by
Councilmember Zane. The motion was approved by unanimous vote.
Councilmember Conn moved to introduce an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF S&~TA MONICA AMENDING
MUNICIPAL CODE SECTIONS 3393A, 3393B, AND 3393C RELATING TO PARKING
METER ZONES," reading by title only and waiving further reading
thereof. Second by Councilmember Zane. Discussion was held. The
motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
Councilmember Conn moved to approve the appropriation of $36,000
for meter conversion. Second by Mayor Pro Tempore Edwards. The
motion was approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmember Reed and Mayor
Yannatta Go1dway
9-A: PAVING PERMIT FEESr~ORK ~~D INSPECTION FEES: Continued to
September 14, 1982.
9-B: TREE PLANTING: Presented was a staff report transm~tting a
resolution directing the Street Superintendent to order the
planting of trees on Broadway between Lincoln Boulevard and
Fourteenth Street, and setting a public hearing for September 28,
1982. Discussion was held. Councilmember Zane moved to adopt
Resolution No. 6550(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA INSTRUCTING THE SUPERINTENDENT
OF STREETS TO GIVE NOTICE TO PLANT TREES TO PROPERTY OWNERS ALONG
BROADWAY FROM LINCOLN BOULEVARD TO FOURTEENTH STREET, ALL WITHIN
THE CITY OF SANTA MONICA," reading by title only and waiving
further reading thereof, with the clarification that the City
itself would not begin any tree planting until after the public
hearing on September 28, 1982, when the Council would act upon the
assessment district. Second by Mayor Pro Tempore Edwards. The
motion was approved by the following vote:
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August 24, 1982
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Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
10-A: CLOVER PARK: Presented was a recommendation of the
Recreation and Parks Commission for field space for Santa Monica
College and negotiations between the College and High School in
regard to the use of Clover Park. A staff report was presented
transmitting a request for a postponement of the matter to allow
time to review and investigate the situation. Discussion was held.
Councilmember Reed moved to postpone the item, as suggested by
staff, to allow for review and investigation of the matter. Second
by Councilmember Jennings. Discussion was held. With the consent
of the second, Councilmember Reed added to her motion direction to
staff to solicit the concerns of the neighborhood in regard to the
proposed use of Clover Park. It was decided that staff would
report back to Council in two weeks. The motion was approved by
the following vote:
Council Vote: Unanimously approved 6-0
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Absent: Mayor Yannatta Goldway
II-A: CRIME PREVENTION PROGRAM: Presented was a staff report
transmitting a recommendation for implementation of the Crime
Prevention Program. Discussion was held. Herman Rosenstein spoke
in support of the program. Following further discussion,
Councilmember Conn moved to receive the report and to authorize
staff to proceed with the implementation of the Crime Prevention
Program, in accordance with the recommendations in the staff report
dated August 24, 1982. Second by Councilmember Reed. The motion
was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
Il-B: HOUSING: Continued to August 31, 1982.
12-A: CASE NO. HE-009/THE BALL APPEAL: Presented was an appeal of
the Ball from the decision of the hearing examiner in case No.
HE-009 denying renewal of a police permit. A staff report was
presented supporting the decision of the hearing examiner.
Discussion was held. Steve Solomon spoke representing the
appellant. Following discussion, Councilmember Jennings moved to
continue the item to August 31, 1982 to allow the City Attorney to
work out terms of probation with representatives of the appellant.
Second by Councilmember Reed. Discussion continued. The motion
was approved by the followlng vote:
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Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
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13-A: COUNCILMEMBER PRESS'S L~TTER TO RENT BOARD EMPLOYEES
Presented was the request of David G. Epstein, Santa Monica
Citizens' Congress, to address Council regarding Councilmember
Press's letter to certain Rent Board employees. Mr. Epstein spoke,
transmitting his concerns in regard to Councilmember Press's
letter. Councilmember Jennings moved to have Council go on record
reaffirming the following: (1) public employment is open to all on
the basis of mer~t and not on political test~ (2) public employees
are free to speak their minds without consulting the Council: and
(3) the City makes its labor relations decisions on the basis
personnel policy and budgetary considerations, and not political
favortism. Second by Councilmember Reed. Following further
discussion, the motion was approved by the following vote:
Council Vote:
Affirmative:
Councilmembers Edwards,
Jennings, Press, Reed, and Zane
Negat~ve:
Councilmember Conn
Absent:
Mayor Yannatta Goldway
Councilmember Conn requested to go on record as opposing the motion
as being not necessary, irrelevant and capricious.
13-B: PROPOSITION 13jSCHOOLS: Presented was the request of Daniel
Cohen to address Council regarding Proposition 13 and City schools.
Mr. Cohen spoke regarding the harm of Proposition 13 to the City
schools. Discussion was held. Staff was directed to confirm a
date in September for a Joint meeting with the School Board.
13-C: WESTSID~ BALLET COMPANY: Presented was the request of
Yvonne Mounsey, Westside Ballet Company, to address Council
regarding a performance of the Nutcracker at the civic Auditorium.
Rosemary Valaire of the Wests~de Ballet Company spoke asking for
financial assistance in presenting the Nutcracker at the civic
Auditorium and to be the resident ballet company of the City.
Discussion was held. It was decided to refer the matter to the
Arts Commission. Councilmember Zane moved to continue the meeting
past 11:00 P.M. Second by Councilmember Conn. The motion was
approved by a vote of 5-1, Councilmember Reed opposed.
l3-D: POLICE DEPARTMENT: Presented was the request of Robert
Rissman to address Council regarding the Police Deparb~ent. Mr.
Rissman spoke in regard to an encounter with the Police Department.
l4-A: PIER TASK FORCE: Presented was the request of Mayor
Yannatta Goldway for discussion of the resignation of Michael
Multari from the Pier Task Force. Discussion was held.
Councilmember Conn Moved to accept the resignation of Michael
Multari from the Pier Task Force, thanking him for his
contribution, and to not replace him on the task force. Second by
Councilmember Reed. The motion was approved by the following vote:
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Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
ll-C: CLOSED SESSION: There being no objection Council recessed
at 11:05 P.M. Council reconvened at 11:31 P.M. with the following
members present: Councilmembers Conn, Edwards, Jennings, Press,
Reed.
ARBITRATION AWARD/CASE
approve an arbitration
in Case No. SWC-45096.
motion was approved by
NO. SWC-45096: Councilmember Conn moved to
award of $3,705 plus court cost to Tortola
Second by Mayor Pro Tempore Edwards. The
the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmember Zane and Mayor Yannatta
Goldway
(Councilmember Zane entered at 11:33 P.M.)
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ARBITRATION AWARD/CASE NO. C-311308: Councilmember Conn moved to
approve an arbitration award in Case No. C-311308 of $3,295 plus
court cost to Oliver Morgan and $4,010 to Geneva Brown plus court
cost. Second by Mayor Pro Tempore Edwards. ~he motion was
approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
ADJOURNMENT: At 11:35 P.M., Councilmember Conn moved to adJourn
the meeting to 7:30 P.M. on ~ugust 31, 1982. Second by Mayor Pro
Tempore Edwards. The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Mayor Yannatta Goldway
'?::~ LLf
Connie Mc.."eely
Acting City Clerk
~.:?Ji-
Ken Edward~~ .
~ayor Pro Tempore
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