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M-8/24/1982 . . . . 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 1 August 24, 1982 424 . 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: . 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. . 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 2 August 24, 1982 . . . . . 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: 3 August 24, 1982 426 . 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: . Council Vote: Unanimously approved 6-0 -- 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: . 4 August 24, 1982 . . . . . 427 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: 5 August 24, 1982 428 . 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 . 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: . Council Vote: Unanimously approved 6-0 Absent: Mayor Yannatta Goldway 6 August 24, 1982 . . . . . 429 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: 7 August 24, 1982 430 . 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.) . 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 . 8 August 24, 1982 .