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M-9/8/1980 CITY OF SA~TA NO~ICA CITY COUNCIL PROCEEDI~GS . September 9, 1980 A special meeting of the Santa ~onlca City Councll was called to order by Mayor Bambrick at 6:30 P.M., Tuesday, September 9, 1980. Roll Call: Present: Mayor John J. Bambrlck Mayor Pro Tempore Ruth Yannatta Goldway Councilmember Wl11iam H. Jennlngs (arrlved durlng Executlve Sesslon) Councl1member Chrlstlne E. Reed Councilmember Cheryl Rhoden (arrived durlng Executive Sesslon) Councilmember Perry Scott Ci ty Nanager Charles ^ K. McClain Acting Clty Attorney Stephen Stark City Clerk Ann M. Shore . I Absent. Councilmember Pieter van den Steenhoven .At 6:31 P.M., Councilmember Reed moved to recess to Executlve Session for Ithe purpose of interviewing a candidate for the position of Clty Attorney. I.second by Councilmember Scott. The motlon was approved by the following vote: Councll Vote: Unanimously approved 4-0 . Absent: Councilmembers Jennlngs, Rhoden and van den Steenhoven !The Councl1 reconvened at 7:30 P.M., no actlon having been taken during Ithe Executive Sesslon, with members present as follows: Councl1members Yannatta Goldway, Jennlngs, Reed, Rhoden, Scott and ~ayor Bambrick. IMayor Bambrlck led the assemblage in the pledge of allegiance to the /unlted States of America. Mayor Bambrick then lntroduced Reverend Allen Breckenrldge, Gateway Christian Church, who offered the invocatlon. , ICouncllmember Rhoden moved to add Agenda Items 13-G, l3-H and 13-1 to the IAgenda. Second by Councilmember Reed. The motion was approved by the following vote: I ~::::~: Vote: ~::::::::::e:P:::V::n6::eenhoven i :Agenda Item 4-A: Recognition was given to Dr. Korton Stern outgoing Imember of the Landmarks CommlSSlon for hlS serVlce to the communlty. iAgenda Item S-A" Presented for conslderation was a publlc hearing to hear Iprotests regarding the report of work and amount of assessment for Tree Plantlng Distrlct T-79-4-SN on Santa Monica Boulevard from Fourteenth Street to Seventeenth Street (contlnued from the meetlng of August 26, 11980, which adjourned for lack of a quorum). The proof of publication I'was ordered filed by Hayor Bambrlck. The staff report was presented. Thei publ ic hearing was opened at 7; 39 P.M. I sa Feins teln requested a moratoriwri :on planting of trees because they block store signs and are dlfficult to I ImalntaLll.There being no one else wishing to speak on the subject, Council- "member Rhoden moved to close the public hearlng at 7:40 P.M. Second by :-layor Pro Tempore Yannatta Goldway. The motlon was approved by the 'followlng vote: I Councl1 Vote: Unanlmously approved 6-0 Absent. Councl1member van den Steenhoven I IMayor Pro Tempore Yannatta Goldway moved to overrule protests and adopt Resolution Xo. 6069(CCS) entitled: "A RESOLUTIOX OF THE CITY COU~CIL OF 1 . 1 Recognition to Dr. Norton Stern Resolution 6069 Tree Planting Dist. T-79-4-S~< 2 Resol uhon 6070 Tree Planting D1St. (T-SO-B) Resolution 6071 Concrete Gutters (G-80-S) ResolutlOn 6072 Repan damaged side- walks (SR- 80-6) THE CITY OF SANTA MOKICA COKFIR~I~G THE REPORT OF THE SUPERIKTE~DE~T OF STREETS REGARDIKG TREE PLANTING DISTRICT ~O. 4 ON SAKTA MOKIcA BOULEVARD" ,I reading by title only and walvlng further readlng thereof. Second by Mayor Bambrick. The motlon was approved by the followlng vote: ~ Council Vote: Unanimously approved 6-0 Absent: Councl1member van den Steenhoven Agenda Item 5-B: Presented for conslderation was a publlc hearlng to hear objections to proposed Tree Planting Dlstrlct T-80-B along Broadway between Fourth Street and LIncoln Boulevard (contInued from the meeting of August 26,1980, which adjourned for lack of a quorum). The proof of postlng and notificatlon were ordered fl1ed by Mayor Bambrlck. The staff report was presented. The public hearing was opened at 7:42 P.M. Isa Felnstein requested a moratorlum on planting of trees because they block signs and require constant trimming. There beIng no else WIshIng to speak on the subject, Councilmember Rhoden moved to close the publIC heanng at 7:43 PJI. Second bv Councilmember Reed. The motIon was approved by the followlng vote: Councl1 Vote: Unanimously approved 6-0 Absent: Councilmember van den Steenhoven Discussion was held. councilmember Reed moved to set aside protests and adopt Resolutlon Ko. 6070(CCS) entitled: "A RESOLUTIOK OF THE CITY COUNCIL OF THE CITY OF SAKTA MO~ICA ORDERIKG THE PLA~TI~G OF TREES ALO~G . BROADlIAY BHIVEEX FOURTH STREET Ai\D LINCOLN BOULEVARD, ALL WITHI~ THE CITY OF SAXTA MO~ICA", readlng by title only and waiving further reading thereof. Second by Mayor Pro Tempore Yannatta Goldway. The motIon was approved by the following vote: Council Vote: UnanlmouslY approved 6-0 Absent: Councilmember van den Steenhoven Agenda Item 5-C: Presented for conslderatlon was a publIC hearing to hear objections to constructlon of concrete gutters (G-80-5) on Broadway between Llncoln Boulevard and Eleventh Street (continued from the meetlng of August 26, 1980, which adjourned for lack of a quorum). The proofs of posting and notificatIon were ordered filed by ~Iayor Bambrlck. The staff report was presented. The publIC hearing was opened at 7:46 P.M. There being no one present WIshing to speak on the subject, Mayor Pro Tempore Yannatta Goldway moved to close the public hearIng at 7:46 P.M. Second by Councl1member Rhoden. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: councilmember van den Steenhoven D1Scusslon was held. Mayor Pro Tempore Yannatta Goldway moved to adopt Resolutlon \0. 6071 (CCS) enti tl'ed: "A RESdLUTIO~ OF THE CITY COU~CIL OF THE CITY OF SANTA ~IOKICA ORDERI~G THE COi\STRUCTIOX OF CONCRETE GUTTERS ON i BROADWAY BETWEEN LI~COL~ BOULEVARD Ai\D ELEVE~TH STREET", readIng by tItle only and walvlng further readlng thereof. Second by Councilmember Reed. The motlon was approved by the followlng vote: . Council Vote: Unanimously approved 6-0 Absent: Councilmember van den Steenhoven Agenda Item 5-D: Presented for conslderatlon was a publlc hearing to hear objections to the report of work and amount of assessments to repalr damaged sldewalks, driveways and curbs (SR-80-6) (continued from the meeting of August 26, 1980, WhICh adjourned for lack of a quorum). The proof of notification was ordered filed by ~ayor Bambrick. The publIC hearlng was opened at 7:52 P.~. Entered lnto the record was the written 2 . . protest of Robert and Susan Karp, owners of property at 2102 ~larine Street Robert Karp spoke in objectlon to the assessment because of lack of notlflcation. Followlng discussion, Councilmember Rhoden moved to exempt the property at 2102 Marlne Street from assessment and that Council return ito the procedure of exempting property owners of tree-damaged sidewalks 'from assessment. Second by Mayor Bambrlck. Followlng dlscussion, Mayor Pro Tempore Yannatta Goldway moved a Substltute motlon to adopt Resolution )10. 6072 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MO)lICA COKFIR~I)lG THE REPORT OF THE SUPERI~TE)lDENT OF STREETS ,REGARDING REPAIRS TO D_~lAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-80-6)", readlng by tltle only and walving further reading thereof, with the exception of costs for the repair done at 2102 ~arine Street. Second by Councilmember Jennlngs. Following dlScusslon, ~ayor Pro Tempore Yannatta Goldway dlvided the Substltute motlon as follows. Mayor Pro Tempore Yannatta Goldway moved to recognize the protests of Robert and Susan Karp, ,owners of property at 2102 ~arlne Street, and that the Clty pay the full !cost of their repalrs because they dld not get proper notlflcation. Second by Councilmember Jennings. The motion was approved by the follow- lng vote: Councll Vote. Affirmatlve: Councilmembers Yannatta Goldway, Jennlngs, Rhoden and Mayor Bambrlck Xegatlve: councllmembers Reed and Scott Absent: Councl1member van den Steenhoven . ~layor Pro Tempore Yannatta Goldway moved to adopt Resolution No. 6072(CCS) enti tled: "A RESOLUTIOX OF THE CITY COUXCIL OF THE CITY OF SANTA MO)lICA CONFI~lIXG THE REPORT OF THE SUPERINTEXDEXT OF STREETS REGARDING REPAIRS TO D~~AGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-80-6)", reading by tltle only and walvlng further reading thereof, amended to indicate the exemp- tion of property at 2102 Marlne Street. Second by Councilmember Reed. DUScusslon was held. The motlon was approved by the following vote: Councl1 Vote: Affirmatlve: Councilmembers Yannatta Goldway, Jennings, Reed and Mayor Bambrlck '\egative: Councllmembers Rhoden and Scott Absent: Councllmember van den Steenhoven councilmember Jennings moved that, ln addltion to other procedures staff is using for notifying property owners of the necesslty to repair a side- ,walk, there also be a notice posted on the premlses of such need. Second !by ~ayor Pro Tempore Yannatta Goldway. The motlon was approved by the 'fo11oKing vote: Council Vote: Unanlmously approved 6-0 . Absent: Councilmember van den Steenhoven Agenda Item 5-E: Presented for conslderation was a resolutlon declarlng POllCY for Recreatlon and Parks Department facility use and fees (continued from August 13, 1980). The staff report Kas presented. D1Scussion was held. Councl1member Rhoden moved to adopt Resolutlon No. 6073(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA MO)lICA 1.~lENDI'\G RESOLUTION NO. 5120(CCS) DECLARING ITS POLICY FOR THE USE OF 'FACILITIES OPERATED BY THE RECREATION AND PARKS DEPARTMENT OF THE CITY OF SANTA MO'\ICA IN REGARD TO THE REGULATIONS FOR USING THE SA~E AND THE iCHARGING OF FEES FOR USING THE S.~lE", readlng by title only and waivlng !further reading thereof, amended on page 3, Section C(5) to change the !word "of" to "'plus $25.00 for each addltlonal hour." Second by Councll- member Reed. The motlon was approved by the followlng vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember van den Steenhoven 3 . 3 ResolutlOn 6073 Amended to read "plus $25 ea. add'l. hr. "(Recreation & Parks Dept.) 4 Stairwell of Park~ng Structure #4 Vuginla Ave. Cornmun- ~ty Bldg. Contract No. 3550 Airport sublease to Dale F. Drake dba Flyers COlmtry Club, Inc. NOlse Controls for Santa Monica Mrport Alan I. Indictor reo re\~talization of S.?vl. Mall Agenda Item 5-F: Presented for cons~deration was a recommendat~on to author~ze replacement of facade and mod~fications to the stairwell of Parklng Structure Ko. 4 and approprlate $180,000 for the constructlon (cont~nued from August 13, 1980). The staff report was presented. Discuss~on was held, includ~ng participation by Bl11 McGregor, represent- ing Teleklew Productions, Inc., the developer. CouncIlmember Reed moved to put thlS ltem over for a mlnlmum of two weeks and a maximum of one ; month, that Council authorlze Councilmembers Yannatta Goldway and Reed to meet wlth the staff and w~th a least two members of the Architectural ReVlew Board to review design alternatives and return to the Council wlth their best recommendation as well as others that were Ch01CeS within that time frame. Second by Mayor Pro Tempore Yannatta Goldway. Councilmember Reed, with the consent of the second, lncluded in the motion that Council member Scott be a member of the committee. The motIon was approved by the followlng vote: . Council Vote: Unan~mously approved 6-0 Absent: Councilmember van den Steenhoven Agenda Item 5-G. Presented for cons~deration was a recommendatlon for approval of working drawlngs and specificatlons for the Virginla Avenue Communlty BU11dlng and authorization to call for construction blds (contlnued from August 13, 1980). The staff report was presented. Discusslon was held. Councl1member Reed moved to approve the plans and speciflcatlons as submitted and authorize the call for bids to construct the communlty bUl1ding at V~rglnla Avenue Park. Second by Mayor Bambrlck. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Jenn~ngs, Reed, Rhoden, Scott and Mayor Bambr~ck Negative: ?vlayor Pro Tempore Yannatta Goldway Absent: Counc~lmember van den Steenhoven Agenda Item 5-H: Recommendation for approval of an alrport sublease to Dale F. Drake dba Flvers Country Club, Inc. (a f11ght school) (continued from August 13, 1980). The staff report was presented. councl1member Reed moved to approve an aIrport sublease to Dale F. Drake dba Flyers Country Club, Inc., by award of Contract ~o. 3550(CCS). Second by Mayor Scott. The motion was approved by the followlng vote: Council Vote: Affirmative: Councilmembers Jen~~ngs, Reed, Rhoden, Scott and :tayor Bambrick Negative: Mayor Pro Tempore Yannatta Goldway Absent: Councilmember van den Steenhoven Agenda Item 5-1: Recommendation for establ~shment of an interlm nOlse level of 100 decibel SEKEL at Santa Monica Alrport during pendlng 11ti~a- tlon over 85 decibel SE~EL (contlnued from August 13, 1980). The staff report was presented. Followlng discusslon, councl1member Scott moved to table the matter. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 . Absent: Councilmember van den Steenhoven Agenda Item 5-J: Presented for considerat~on was the request of Alan I. Indictor to address the Councl1 regarding a proposal for rev~tal~zation of the Santa Honlca Mall (continued from August 13, 1980). Councllmember Reed moved to hear members of the public for three minutes each. Second by councilmember Rhoden. The motion was approved by the following vote: councl1 Vote: Unanimously approved 6-0 Absent: Councilmember van den Steenhoven 4 . . . . . 5 .Alan Indlctor presented plans and a request to enter Into a contract with Ithe Clty to permit the use and improvement of certain Clty property on the Mall currently being used as a pedestrlan right-of-way and related purpose Discuss~on was held. The following members of the public spoke in support .of the proposal for revitallzatlon of Santa ~onlca Mall: Isa FeInstein, ,'Richard ~lesser, Bob Young, James ~ount, Bob Zweibel, Ray Kissack, Sue .\'ance, Joe ~hko, Sr., Joseph 1. Miko, Lee Goldstein, John Blumthal, Richard ~e~~an, Eleanor Hostetler and Edythe Wittenberg. Councilmember 'Reed moved to request staff to report to Counc~l wIth regard to thlS proposal outlinIng what they view as lnitial benef~ts and difficulties, [In a legal sense and ln an admlnistratlve sense, and also to request that the CIty Manager report wlth his opinIon regarding the request for the exclusive right to negotiate and, if he deems appropriate, to return that .same document wlth the staff report at a Councl1 meetIng not to exceed the! Isecond Council meetIng following thlS one. Second by Councl1member Rhoden; .Followlng discusslon, the motIon was approved by the followlng vote. I Councll Vote: UnanImously approved 6-0 I I Absent: councilmember van den Steenhoven Aaenda Item 5-K: Presented for consideratIon was the request of Jane G~lden to address the Council regardlng design and executlon of a mural on Fourth Street underpass ln Santa Monlca (continued from August 13, 1980). JJane Golden presented plans and requested approval to design and execute ;a mural on Fourth Street underpass in Santa Monlca at no cost or insurance~ 11abl1ity to the Cltv, revisIng the design described In her letter of I' IJuly 30, 1980, to do palntings of bUIldlngs, people and beach tying In I.With the eXlstlng Ocean Park mural series. D1Scussion was held. council-. member Scott moved to approve the request of Jane Golden to desIgn and : execute a mural on the Fourth Street underpass and authorlze staff to I InegOtlate an approprlate Contract Xo. 3551(CCS). Second by Counci1member ' .Reed. The motion was approved by the followlng vote. I Council Vote: Unanimously approved 6-0 ! Absent: Councilmember van den Steenhoven !Agenda Item 5-L: Presented for conslderation was the request of the santaJ Clarence Hannon reo IMonica Small Craft Harbor Pier Group to present plans for harbor and pIer 'pl~ for harbor and development (continued from August 13, 1980). Mike Vanvakaris spoke on . pier development 'behalf of the Group requestlng to meet to lnvestlgate and evaluate variousi !alternatlves for development and utIlization of the pier and harbor. . 'Dlscussion was held. Councilmember Scott moved to table the matter. Isecond by Councilmember Reed. The motion failed by the following vote: ! Council Vote: Affirmatlve: Councilmembers Yannatta Goldway, Reed and Scott " ~Iural on 4th St. : underpass III S.~I. Kegatlve: Councilmembers JennIngs, Rhoden and Mayor BambrIck Absent: IFurther discussion was held. councilmember van den Steenhoven ~o actlon was taken at this time. I I ; Appointments to Air- I port Comrn. and Ardn- I tectural Revie\.; Bd. 'Agenda Item 5-M: Presented for conslderatlon were appointments to the l'Airport CommlSSlon and Archltectural ReVIew Board (continued for August 13, 1980). Mayor Bambrick opened nomInations for one vacancy on the ,Alrport Commission. Councilmember Reed nominated Donald Shelton. Mayor jpro Tempore Yannatta Goldway nominated Katalle McConnell. Councilmember 'Scott nomInated Lois BOStW1Ck. Mavor Bambrick nominated James F. Goerz. "The vote on the nomlnatlons was as' follows' Xatalle ~lcConnell: Councilmembers Yannatta Goldway, JennIngs, Rhoden Donald Shelton: Councilmember Reed L01S BostwIck: councllmember Scott James F. Goerz: Mayor Bambrick 5 6 Resignatlon of FranC1S A. Goplen [ I la, lack of a m'Jo,'ty vot'. nominat,om, we" opened ag"n. May" p,o [empore Yannatta Goldway nom1nated Katalie McDonnell. Councilmember Reed ~ominated Donald Shelton. Councilmember Scott nomlnated Lois Bostwick. ~. he vote on the nomlnations was as follows: I ~atalie ~cConnell. Councilmembers Yannatta Goldway, Jennings, Rhoden I i and Mayor Bambrlck I Donald Shelton: Councilmember Reed . Lois BOStW1Ck: Councllmember Scott r ~atalle McConnell was therefore appointed to the Airport Commlssion for a ~erm expir1ng June 30, 1983. layor Bambrlck opened nominatlons for one vacancy on the Archltectural eview Board. Following discussion, Mayor Pro Tempore Yannatta Goldway moved to accept the appl1cation of Abby Sher. Second by Councilmember [Reed. The motlon was approved by the followlng vote: councl1 Vote: Unanlmously approved 6-0 ! . Absent: Counc1lmember van den Steenhoven (~ouncilmember Scott departed at 10:44 P.~.) touncilmember Rhoden nomlnated Abby Sher. Councilmember Reed ~11een Hecht. Counc1lmember Jennings nom1nated Paul S11vern. [the nom1nations was as follows: Abby Sher: Councllmembers Yannatta GOldway, Rhoden i I nominated The vote on . Paul Silvern: Councilmember Jennings Eileen Hecht: Counc1lmember Reed, Mayor Bambr1ck Wor lack of a ma]Orlty vote, the roll was called again and the vote on ~ominations was as follows: Abby Sher. Councilmember Yannatta Goldway Eileen Hecht: Councilmembers Jennlngs, Reed, Rhoden, Mayor Bambrlck ~ileen Hecht was therefore nomlnated to the Archltectural Revlew Board ~or a term expiring June 30, 1981. Agenda Item 5-~: Presented for conslderation was the reslgnation of ~. ranC1S A. Goplen, City representat1ve to the ~etropolitan Water Distrlct (continued from August 13, 1980). Councilmember Reed moved to accept with egret the resignation of Francis A. Goplen, request him to cont1nue to jserve until such tlme as a replacement 1S named, author1ze the C1ty Clerk 'to advertise for a replacement, and authorize the City Attorney to draft Ian ordlnance, lf necessary, provldlng for a four year term. Second by Founcilmember Rhoden. The motlon was approved by the following vote: i . Council Vote: Unan1mously approved 5-0 I Absent: councilmember Scott and van den Steenhoven !CCouncllmember Scott entered at 10:49 P.~l.J ~genda Item Il-F: At 10:49 P.M., Mayor Pro Tempore Yannatta Goldway moved Ito recess to Execut1ve Sesslon for the purpose of discuss1ng pending Tit1- gat ion and instruct1ng City representat1ves concerning salar1es, salary !schedules or compensation paid In the form of frlnge benefits. Second by ICouncilmember Rhoden. The motlon was approved by the following vote: Council Vote: Unanlmously approved 6-0 Absent: Councilmember van den Steenhoven 6 . . . . . l'At 12'25 A.~., the City Councll reconvened with the following members ,present: Councilmembers Yannatta Goldway, Reed, Rhoden, Scott and ~ayor Bambrick. Councl1member Reed moved to authorlze the payment of bills for legal services from Baum and Cohen and that their serVlces be contlnued iuntl1 the flnishing of the case. Second by Mayor Pro Tempore Yannatta Goldway. The motion was approved by the following vote: Councll Vote: Unanimously approved 5-0 Absent: Councilmember Jennings and van den Steenhoven Councllmember Reed moved to authorize staff to retain the services of an ; appraiser in connection wlth the Jonathan Club 1itigatlon. Second by Councllmember Rhoden. The motlon was approved by the fellowing vote: Council Vote: Unanlmously approved 5-0 Absent: Councilmembers Jennings and van den Steenhoven AGenda Item Il-H: There belng no obJection, thlS ltem was added to the ;~genda at the request of the Clty ~anager. Followlng discussion, Councll- member Reed moved to authorize the Mayor to send a telegram urging the ,Governor to sign S. B. 1972 exempting Redevelopment Agencles from the Gann Initlative limltatlon. Second by Mayor Bambrick. The motion was approved by the following vote: Council Vote: Unanlmously approved 5-0 Absent. Councllmembers Jennings and van den Steenhoven :At 12'29 A.~., Councllmember Reed moved to adjourn to 6 30 P.M., Wednesday, September 10, 1980, at which time the Council wlll reconvene for an Executive SeSSlon for purposes of lntervlewlng a candldate for the posltlon of City Attorney and to 7:30 P.~l. to contlnue dlScusslon of Iremalnlng items on the agenda. Second by Mayor Pro Tempore Yannatta : Gold.yay. The motion was approved by the follOldng vote: I Councll Vote: Unanimously approved s-o Absent: Councilmembers Jennlngs and van den Steenhoven ATTEST' APPROVED: , ''I~.; ! ; '. _ '1 " i 01./1/L '7. ~ Ann ~l. Shore Clty Clerk /1('. /'1 I /I . i \, I _ / j'~' ,., " I I' .\.', !l/f"t f1' - ,,'/.l'~~,<>vl I J'13hn J.f ,Bambrick i Mayor J . 7 ~ I Pavm't.of bills to Ba~ & Cohen & cont. services ~layor to send telegr~" urging Governor to SlgIl S.B.1972 8 . . . .