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M-7/25/1978 . . . . CITY OF SANTA MONICA CITY COUNCIL PROCEEDI~GS July 25, 1978 A regular meeting of the Santa Monlca Clty Council was called to order at 7:57 P.~!. by Mayor Donna O'Brien SWlnk who led the assemblage ln the pledge of alleglance to the United States of Amerlca. Mayor Swink then lntroduced Reverend Chuck Wigglns of the Flrst Unlted Methodist Church, who offered the invocatlon. Roll Call: Present: Mayor Donna O'Brien SWlnk Mayor Pro Tempore Seymour Cohen Councilmember John J. Bambrick Councilmember Christine Reed Councllmember Perry Scott Councilmember ~athaniel Trlves Councllmember Pieter van den Steenhoven City Manager James D. Williams Assistant City Attorney Stephen Stark City Clerk Joyce Snider Absent: None Ex agenda Item l3-C was added to the agenda on motion of Councilmember Reed, second by Councilmember van den Steenhoven. Council Vote: Unanlmously approved 7-0 Consent Calendar: The Consent Calendar was presented by the City Clerk after whlch Councllmember Trives moved to approve the Consent Calendar wlth the exception of Agenda items 6-F, 6-),1 and 6-Q, adoptlng the resolutlons therein, readlng by tltle only and waiving further reading thereof. Second by Councilmember Reed. Councll Vote: Unanimously approved 7-0 399 Agenda Item 6-A: The mlnutes of a regular City Councll meeting held July 11, 1978 Here amended on page 8, Agenda Item l3-A, second paragraph,' to read "second by Councilmember Reed", and approved. Agenda Item 6-B: A request for reimbursement of departmental revolving II cash funds: Clty Yards - $53.19; Transportatlon - S50.52; Library - $67.02; Admlnlstrative Servlces - $150.31; Recreation & Parks - $129.07; Police - $60.29, Has approved. I' Agenda Item 6-C. Resolution ~o. 5056(CCS) entitled' "A RESOLUTION OF Resolutlon 5056 THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY IQUltclaim Deed to ~tI\NAGER TO EXECUTE A QUITCLAIM DEED TO A SEWER EASEME:\T", ,,.as adopted, ,sewer easement approvlng Deed No. 38l(CC5). I Agenda Item 6-D: Resolution No. 5057(CCS) entltled: "A RESOLUTION OF Resolutlon 5057 THE CITY COUNCIL OF THE CITY OF SA~TTA MONI CA DECLARING ITS D:TENTIO~ TO I Intention to plant PLANT TREES ALONG LINCOL" BOULEVARD BETWEEN PACI FIC STREET A"D OCEAN I trees along Lincoln PARK BOULEVARD WITHIN THE CITY OF SANTA ~1Ot-.;ICA. (TREE PLANTIXG DISTRICT Blvd. (No.5). :\0. 5)", setting a pubhc hearing for August 22, 1978 to hear ob]ectlons I to the proposed dlstrict, was adopted. Contract 3068 ~Solutlon ~u58 extends Memo of Under- s tanmng wi th Trans- portation Department representative organizatlons Agenda Item 6-E: Resolution No. 5058(CCS) entitled: "A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING A ~EMO~I\NDUM OF UNDERSTANDING ORIGINALLY ADOPTED BY RESOLUTION NO. 4920(CCS)", extendlng a Memorandum of Understanding wlth Transportation Department employees' representative organlzatlons as requlred by Urban Mass Transportation Act of 1964, as amended, was adopted, and Contract ~o. 3068(CCS) was alvarded. 400 ResolutIon 5059 destruction of City records ' ResolutlOn 5060 Clams ResolutlOn 5061 ClalIns Ordmance 1098 Library fees Ordillance 1099 Setting fees for certaIn procedures in connection wIth land use Contract 3061 purchase of City property at Kansas St Contract 3062 purchase of CIty property at Strand St Contract 3063 water well pumping eqUlpment EstablIshment of assigned covered parking ill Parkmg Structure :iro. 4 Job classifIcatIon specifIcatIons Contract 3064 purchase of City mmed property Fees for fmgerprin- ting Agenda Item 6-F: Presented at this tIme was a resolutIon authorizing destructIon of certain City records. After brIef diSCUSSIon Council- member Scott moved to adopt ResolutIon ~o. 5059(CCS) entitled' "A RESOLUTIO~ OF THE CITY COUXCIL OF THE CITY OF SA:irTA MO~ICA APPROVING AND AUTHORIZING THE DIRECTOR OF FINANCE, CITY CLERK, AND DIRECTOR OF ADMIN- ISTRATIVE SERVICES OF THE CITY OF SA~TA MO:irICA TO DESTROY CERTAIN CITY RECORDS U:irDER THEIR CHARGE, PURSUA~T TO SECTIO:ir 34090 OF THE GOVERNMENT CODE OF CALIFOR~IA", readIng by title only and waiVIng further readIng thereof. Second by Councilmember Reed. CounCIl Vote: UnanImously approved 7-0 Agenda Item 6-G: Resolution No. 5060(CCS} entitled: "A RESOLUTION OF THE CITY COU:irCIL OF THE CITY OF SANTA MONICA R~TIFYING THE COMPROMISE OF CLAIMS FOR THE CITY FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED FROM APRIL 12 to APRIL 19, 1978", and ResolutIon :iro. 5061(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA R~TIFYI~G THE COMPROMISE OF CLAIMS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED IN JU:irE, 1978", were adopted. . Agenda Item 6-H' Ordinance No. 1098(CCS) entitled: "AN ORDINA~CE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING FEES FOR USES OF THE PUBLIC LIBRARY, REPEALING ORDINANCE NUMBER 526(CCS), AME~DING RESOLUTION NUMBER 28l2(CCS) BY DELETING THEREFROM SECTION 5.1, (PER- TAINI:irG TO LIBRARY FEES}", was adopted. Agenda Item 6-1: Ordinance :iro. 1099(CCS) entItled: "AN ORDINA;IICE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9151, 9204, 9308E, 9511 AND ADDING A NEW SECTION 9620 OF THE SANTA MONICA MUNICIPAL CODE PERTAINING TO FEES FOR CERTAIN PROCEDURES 1;11 CONNECTION WITH THE LAND USE, RESIDENTIAL BUILDING RECORDS, SUBDIVISION, ARCHITECTUR~L REVIEW A:irD L.~,D~~RKS AND HISTORIC DISTRICT ORDINANCES OF THE CITY OF SANTA "mNICA", was adopted. . Agenda Item 6-J: Contract :iro. 3061(CCS) (Bid No. 1384) for purchase of City-owned property located at Kansas and Stewart Streets was awarded to George McHose In the amount of $112,665.00 Agenda Item 6-K: Contract No. 3062(CCS} (BId No. l385) for purchase of CIty-owned property located at Strand Street and NeIlson Way was awarded to Dr. Emanuel V. Felgln in the amount of $34,100.00. Agenda Item 6-L: Contract Xo. 3063(CCS) (BId No. 1383) for purchase of water well pumpIng equipment was awarded to McCalla Brothers, Inc. by Issuance of P. O. No. 37694 In the amount of $6,694.96. Agenda Item 6-M: Presented at this time was a recommendatIon for estab- lishment of assigned, covered monthly parkIng In Parking Structure No. 4 condItIonal upon availabIlIty. After brief dIscussion Councllmember Scott moved to approve the recommendation. Second by Councllmember Reed. Council Vote: UnanImously approved 7-0 Agenda Item 6-;11: Job claSSIfIcation specificatIons for seven positIons, FIre Mechanic, Motor Coach Operator, Xursery Attendant, PolIce Cadet, Pool LIfeguard, Public Works Inspector and TransportatIon Maintenance SuperIntendent, were approved as presented. . Agenda Item 6-0: Contract ;110. 3064(CCS) for purchase of City-owned property located southeast of OlympIC Boulevard between 20th Street and 20th Street Court was awarded to W. G. Wells In the amount of $38,000.00. Agenda Item 6-P: A recommendation for modIficatIon of fees for CIvilian fingerprInting was approved as follows: $20.00 for the fingerprInting of applicants for polIce permits, Job applIcants for the Santa MonIca UnIfied School DIstrIct S7.50, reSIdent $3.00 and non-resident $5.00, was approved. Agenda Item 6-Q: Presented at thIS tIme was a recommendatIon to waIve . . . . . further b1dding and to accept bid of El Nacional of Caracas, Venezuela in the amount of $78,000.00 for purchase of a newspaper press and auxlllary equipment. After brief discussion Counc11member Scott moved to approve the sale of the press and auxiliary equ1pment by adopt1on of Resolutlon No. 5062(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND ACCEPTING A BID FOR CIlEWSPAPER PRESS A:\D AUXILIARY EQUIP~IENT", was adopted and award of Contract No. 3065(CCS). Second by Councllmember Trives. Councll Vote: Unan1mously approved 7-0 Agenda Item 6-R: Resolutlon No. 5063(CCS) entitled: "A RESOLUTION OF THE CITY COUXCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NO. 4948, ADOPTED AND APPROVED NOVEMBER 22, 1977, TO CORRECT A CLERICAL ERROR THEREIN", ln regard to code references relating to the Downtown Redevelopment Project, was adopted. Agenda Item 7-A' Presented at this t1me was a publlC hearlng to hear protests regardlng the reconstruction of Tenth Court between Olympic Boulevard and 450 feet northwesterly of Olympic Boulevard. The proof of posting and mal11ng was ordered flIed by Mayor SWlnk. Mayor Swink ordered the publlc hearlng opened at 8:12 P.M. Messrs. Marcel George and Jerome Pearlman spoke in opposition to the proposed reconstructlon. Alys Drobnick spoke in favor of the proposed reconstruction. There being no other requests to address the Council, the publlC hearing was ordered closed by Mayor SWlnk at 8:18 P.M. Mayor Pro Tempore Cohen moved to overrule the protests and authorize staff to prepare a resolu- tion ordering the work to be accompllshed for presentat10n at the Councll meeting to be held August 8, 1978. Second by Councilmember Reed. Council Vote: Unanimously approved 7-0 Agenda Item 7-B: Presented at this t1me was a public hearing to hear protests on the proposed vacatlon of Third Street from Broadway to Colorado Avenue and vacatlon of Second Court and Thlrd Court between Broadway and Colorado Avenue. The public hearing was opened by order of Mavor SWlnk at 8 26 P.M. Oscar Messlng Dane spoke ln Opposltlon to the p~oposed vacation. There being no other requests to address the Councll, the public hear1ng was closed at 8:28 P.M. Councilmember Tnves moved to adopt Resolutlon No. 5064(CCS) entitled: "A RESOLUTIO;.J OF THE CITY COUNCIL OF THE CITY OF S~~TA MONICA ORDERING THE VACATIO;.J OF THAT PORTION OF THAT CERTAIN STREET KNOWN AS THIRD STREET BETWEEN BROADWAY AND COLO~~DO AVENUE, AND THOSE CERTAIN ALLEYS KNOWN AS SECO;.JD A;.JD THIRD COURT BETWEE;.J BROADWAY AND COLORADO AVECIlUE, ALL IN THE CITY OF SANTA MONICA, CALIFORNIA", approvlng the proposed vacatlon of Third Street. Second by Councilmember Reed. Councll Vote: Unanimously approved 7-0 Agenda Item 10-A: Presented at this time was a recommendatlon of the Plann1ng Commission for establishment by ordlnance of standards and procedures for cooperative apartments. After Councll discussion Councllmember Trives moved to approve the recommendatlon of the Planning Commlssion and instruct the Clty Attorney to draft an appropriate ordlnance for submlttal to the Council. Second by Councllmember van den Steenhoven. Councll Vote' Unanimously approved 7-0 Agenda Item 10-B: Presented at this time was a recommendation of the Plannlng Commlssion for changes in he1ght limits for the CA, CP, CR, Ml and M2 districts. After Council d1scussion Counc1lmember Trives moved to approve the recommendat10n for changes in height llmlts in the CA, CP, CR, Ml and M2 dlstr1cts and to instruct the City Attorney to draft an ordlnance for s ubmi ttal to the Ci tv Counci 1. Second bv Counci 1- member van den Steenhoven. . . Council Vote: Affirmatlve: Councilmembers Cohen, Reed, Scott, Trives, van den Steenhoven, Swink Negatlve: Councilmember Bambrick 401 Resolutwn 5062 Contract 3065 Purchase of newspaper press from City by El :-.Janonal of Caracas, Venezuela ResolutlOn 5063 amends ResoIutlon 494E in regard to code references Public heanng regardJ.ng Tenth Court Public heanng regarding vacation of Third Street City Attorney to draft ord1nance estabhsh1ng standarcl and procedures for cooperative apartment C1ty Attorney to draft ordmance for changes In height limits in CA, CP, CR, ~l and ~2 dlstr1cts 402 Contract 3066 dba Ihsco La M:mica for danclng establlsh- ment Contract 3067 A-I Lm-Ty DellKllltion Company for demoli- tion In the J);:""ntmvn Shopplng Center ResolutlOn 5065 endorsing HRJ 638 and SJR 134 extending for seven years the time for ratiflcation of the Equal Rlghts Amendment Agenda Item II-A: Presented at thlS tlme was a recommendation for approv- al of a lease with Club Management Corporatlon for the operation of a dancing establishment dba DISCO La Monlca on the Santa Monica Pier and authorizatlon for the Citv Manager to execute the approprlate documents. After dlScusslon Councllmember van den Steenhoven moved to approve the lease by award of Contract No. 3066(CCS) as recommended. Second by Mayor Pro Tempore Cohen. . Council Vote: Affirmatlve' Councilmembers Bambrick, Cohen, Reed, Trives, van den Steenhoven, Swink Negatlve: Councilmember Scott Agenda Item ll-B: Presented at this time was a recommendation for award of a contract for demolltion In the Downtown Shopping Center to A-I Lin- Ty Demolltlon Company In the amount of $124,999.00, the expendlture of contingency funds in a total amount not to exceed $70,001.00 and inspec- tlon fees of $5,000.00. Councilmember Trives moved to approve the recommendation and award Contract No. 3067(CCS) to A-I Lln-Ty Demolitlon , Company in the amount of $124,999.00. Second by Councilmember Reed. Council Vote' Unanlmously approved 7-0 Agenda Item 12-A. Presented at thlS time was the request of Patrick Earl for endorsement of House JOlnt Resolutlon 638 and Senate Joint Resolution 134, two resolutlons in Congress which would extend ratlfication time of the Equal Rights Amendment for seven more years. Councllmember Trives moved to adopt Resolution No. 5065(CCS) entitled' "A RESOLUTION OF THE CITY COU^CIL OF THE CITY OF SAKTA MONICA ENDORSING HRJ 638, AND SJR 134 EXTENDING FOR SEVEN YEARS THE TIME FOR RATIFICATION OF THE EQUAL RIGHTS AMENmlENT TO THE U. S. CONSTITUTION". Second by Councilmember Reed. . Councll Vote: Affirmatlve. Councilmembers Bambrick, Reed, Trlves, van den Steenhoven ~egatlve : Councllmembers Cohen, Scott, Swink Santa ~lonica Fair Agenda Item l2-B: Presented at thlS tlme was the request of the Santa Houslng Alllance Monica Falr Housing Alllance to make a proposal to address the problem proposed the adoptlOn of increaslng rents in the wake of the passage of Proposl tlon 13. Cheryl of an ordinance Rhoden, Nell Weiner and Dora Ashford, representing the Santa ~lonica Falr regulatlng the return Housing Alllance, outllned thelr proposal for adoptlon of an ordinance . of funds realized from regulatlng the return of funds reallzed from the passage of Proposltlon 13 Proposltion 13 and regulatIng Increases in rent. The floor was then opened to the public and the followlng persons spoke in favor of the proposed ordinance: . Phlllip Malmln, Louis Katz, Allison D. S. L. Arnold, Patrlck Cranshaw, Alex Novakovlch, Frieda Spector, Jlm Gormley, Jens Kruse, Nathan Gardels, i Samuel Rothman, Damon L. Moore, Mlchael Vlvlan, Karen S. Boo, Claire Vonne, Janet Roslund, Lllllan Simmons, Jeannette Orlando, Meyer Feldgreber, John Wachter, Tom Clover, Brlan Kiely, Mark Levlne, Anne Schaefer and Irene Woods. The following persons spoke In Opposltlon to the proposed ordi- nance and in favor of allowing the housing Industry to pollce Itself: John Jurenka, Norma Wllllams, Scott Trucker and Walter Schwartz. Before taklng actlon on the proposed ordinance, the Councll heard Agenda Item l2-C which was related to regulatlon of rent Increases. Santa ~bnica Housmg Task Force fonned to enlist cooperatlon of apartment m,ners in regulatlng rent increases . Agenda Item l2-C Presented at this time was the request of Vlncent ! Muselll to speak regarding formation of the Santa Monlca Housing Task Force. Vincent Muselli Informed the Council that an organizatlon entl- tIed the Santa Monica Houslng Task Force has been formed and that the Interest of the group was In enlisting the cooperatlon of apartment owners In regulatlng rent Increases In a fair manner. The Council discussed the matter of rent Increases in the Clty of Santa Monica and th need for regulation of those increases. Councilmember Trlves moved that a transcrlpt of the proceedlngs regardlng Agenda Items l2-B and l2-C on rent Increases be provided to the Santa Monlca Fair Housing Alliance, the Housing Industry Task Force on Rent Rellef, the Santa Monlca Houslng Task Force and the Clty'S representatlves In Sacramento. Second by Councilmember Reed. After dlscussion the motion was amended to include the dlstributlon of cassettes to the agencies and persons . . . . . outllned with the consent of the maker and the second of the motlon. (ouncll Vote' Afflrmatlve: Councilmembers Bambrick, Reed, Scott, Trives, van den Steenhoven, SWlnk Negatlve: ~ayor Pro Tempore Cohen Councllmember Trlves moved that the City Council endorse the 30 day proposal of the houslng industry for self-regulation, as espoused by Governor Brown. Second by Councllmember Reed. Council Vote: Unanlmously approved 7-0 By order of ~ayor SWlnk the Councll recessed at 11'20 P.M. The Council reconvened at 11'30 P.M. with all members present. Councilmember van den Steenhoven moved to continue past 11:00 P.M. Second by Councll- memb er B amb ri ck. Councll Vote: Unanimously approved 7-0 Agenda Item l3-A: Presented at this tlme was the request of Councll- member Scott for discusslon regarding reports of boards and commlSSlons. Councllmember Scott said that the Library Board has adopted a new rule which suppresses any mlnority report to the City Council by a member of the board and moved that the Library Board be lnstructed to remove thlS rule from their rules. Second by Councilmember Reed (for purposes of discussion). Library Board member Richard Fall explained that the rule adopted was taken from Robert's Rules of Order due to the premature actlons of a member of their board. After Council dlScussion Council- member van den Steenhoven moved to table the item. Second by Council- member Trives. Cauncll Vote: Affirmatlve: Councilmembers Bambrick, Cohen, van den Steenhoven, SWlnk Trives, i i I\egative Councilmembers Reed, Scott Agenda Item l3-B: Presented at this tlme was the request of the Clty Attorney for an executive seSSlon to discuss pending litigatlon. At 11:37 P.M. Mayor Pro Tempore Cohen moved to recess to executlve seSSlon. Second by Councilmember Reed. Council Vote: Unanlmously approved 7-0 Council reconvened at 12:13 A.M. with all members present. ~ouncilmember van den Steenhoven moved to appropriate 525,750.00 from the unappropriated reserves of the General Fund ln order for the City Attorney to represent the Clty 1n pending llt1gation by the Santa Monica Airport Assoc1at1on vs. the City of Santa ~onlca. Second by Council- member Trives. Councll Vote: Unan1mously approved 7-0 Agenda Item l3-C: Presented at thlS tlme was a recommendation of the Clty Attorney for adoption of a resolution urging the elected offlcials of the Unlted States representing the City to support the prlnclple of local control of noise abatement at the Santa Monlca Municipal Airport. Councilmember Scott moved to adopt Resolution ~o. 5066(CCS) entitled: "A RESOLUTION OF THE CITY COU;.!CIL OF THE CITY OF SANTA :-IONICA. URGII\G THE ELECTED OFFICIALS OF THE UNITED STATES REPRESEI\TI;'!G THE CITY TO SUPPORT THE PRI;.!CIPLE OF LOCAL CO;'!TROL OF NOISE ABATEMEI\T AT THE SA;'!TA ~IOXIC\. MUI\ICIPAL AIRPORT", read1ng by title only and walving further reading thereof. Second by Counc1lmember van den Steenhoven. Council Vote: Unanimously approved 7-0 At 12:14 A.M. Counc1lmember Reed moved to adJourn 1n memory of Jacob "Jack" '.larkowltz, resld'ent of Santa Mon1ca for 37 years and co-o\;ner of 403 30 day self-regula- tion of housing 1ndustry endorsed Dlscussion of Llbrary Board procedures $25,750 appropriated for City Attorney to represent C1 ty vs. Santa lvlonlca Airport Assonation ResolutlOn 5066 urging elected off1cials of U.S. to support noise abate- ment at ..urport 404 Marbro's, a Santa Monica clothlng store, from 1940 until he retlred In 1977 and the store closed. Second by Councilmember Trlves. Councll Vote: Unanlmously approved 7-0 !ATTEST: ~ ~" ~ ! /' ~' ~'-......- / Y Snlder / iCl ty Clerk L/ ' APPROVED: . ) ,r f J 141JJ&%4w,Yl/J Donna O'Brlen Swink Mayor . . .