M-5/14/1980
CITY OF SA~TA MO~ICA
CITY COUKCIL PROCEEDI~GS
May 14, 1980
The adjourned meetlng of the Santa Monica City Council was called to
order at 7:45 P.~. by Mayor Bambrick.
Roll Call:
Present.
Mavor John Bambrick
Mayor Pro Tempore Yannatta Goldway
Councilmember William Jennings
Councilmember Christlne Reed
(arrived at 10'15 P.M.)
Councilmember Cheryl Rhoden
(arrived at 8'02 P.M.)
Councllmember Perry Scott
City Manager Charles K. McClain
Assistant City Attorney Stepehn Stark
Acting City Clerk Clarlce E. Johnsen
Councllmember Pieter van den Steenhoven
City Attorney Richard Knlckerbocker
Agenda Item 7-D: Presented for consideratlon at thls time was the appeal
of R. Spicer from actlon of the Planning Commission to deny extension of
the Tentative Tract Map Ko. 37338, a 6-unit condominium converSlon at
1307 Elghteenth Street. A staff report was presented. Tom Nlttl,
representatlve for the owner addressed the Council. Mayor Pro Tempore
Yannatta Goldway moved to accept the staff recommendatlon, deny the
appeal and affirm the decislon of the Planning Commlssion. Second by
Councllmember Jennlngs.
Absent:
Councilmember Rhoden reported present at 8:02 P.M.
Council Vote: Affirmative: Councilmembers Yannatta Goldway,
Jennings, Scott and Mayor Bambrick
Absent.
Councllmembers Reed and van den
Steenhoven
Abstain:
Councilmember Rhoden
Agenda Item 7-E: Presented for conslderation at thlS time was the
appeal of Ocean Park Community Organlzation for action of the Planning
Commission in grantlng of a vested rlght under the Main Street Moratorium
for ap proposed ice cream store at 207 Hlll Street. A staff report was
presented. Mayor Pro Tempore Yann~tta G~ldway moved that the appeal be
granted and the action of the Planning Commission be reversed. Marianne
Booetz addresed the Council. The motion was seconded by Councilmember
Jennings.
Council Vote: Affirmative: Councilmembers Yannatta Goldway,
Jennings, Rhoden and Mayor Bambrick
Negatlve:
Councilmember Scott
Abs ent:
Councilmembers Reed and van den
Steenhoven
Agenda Item 8-A: Presented for consideratlon at this time was an
ordlnance for introduction establishing physlcally handicapped parklng
zone. A staff report was presented. The public hearlng was opened at
8'08 P.M. by order of Mayor Bambrick. There belng no one present in
the audience wlshing to speak, Councllmember Rhoden moved to close the
public hearing at 8:10 P.M. Second by Councilmember Jennings.
Counell Vote: Unanimously approved 5-0
Absent: Councilmembers Reed and van den Steenhoven
1
361
Appeal of R.
on Tentative
~lap 37338 wa
Decision of
CoIl1ffilSSlOn T
regardmg PI-
lee cream st
Hlll St.
Ordinance int
regarding ph)'
!handicaped pC!
'zone
I ~fter Council dlScussion, Mayor Pro Tempore Yannatta Goldway moved to
'lntroduce an ordinance entl tIed: "A..t~ ORDINANCE OF THE CITY COU:'\!CIL OF
I THE CITY OF SA~TA MO:'\!ICA ADDING SECTIOK 3366A TO ARTICLE III OF THE
SANTA ~OXICA MUKICIPAL CODE SETTIKG FORTH THE DEFINITION, RESTRICTION AND
I DESIGNATION PROCESS FOR PHYSICALLY HANDICAPPED ZONES", with the foHm-nng
i modlflcations: Under Section 1, third paragraph: A Physically Handi-
I capped Zone may be established by Resolution of Cl ty Council "upon
request of an indlvldual and the consideration of the Parking and Traffic
Englneer, or upon recommendation of Traffic Englneer, If either of the
factors exist:
(1) Curb parklng is insufficent due to heavy area parklng;"
Second by Councilmember Jennings.
Councll Vote: Unanimously approved 5-0
I
"I Absent: Councilmembers Reed and van den Steenhoven
ion of the. Agenda Item 10-A: Presented for consideration at thlS time was a
JlIlllllSSlon to; recommendatlon of the Planning Commlssion to direct the Ci ty Attorney to
Clty Attor- prepare an ordinance for new condomlnium and apartment standards. A
,are an staff report was presented. ~jayor Pro Tempore Yannatta GOld"ay moved to
or new hear the publlC for three mlnutes each. Second by Councilmember Rhoden.
and apart-
rds denied Councll Vo te: Unanimous ly approved 5 - 0
Ie conside-
III II"lay Z7,
Absent: Councilmembers Reed and van den Steenhoven. The
following people addressed the Councll: Clyde Jones, Michael Lillie,
Wllber Miller, James Mount, Joe Palazzolo, John Hult, Kathleen McKay and
Dennls Zane. Lengthy dlscussion by Council followed. ~ayor Pro Tempore
Yannatta Goldway moved to direct the City Attorney and staff to prepare
an ordinance for public hearlng including the elght recommendation of
the Planning Commission and that a ninth recommendatlon be added to
lnclude the language of the Planning Commisslon regardlng inclusionary
z.oning be addded as follows: "10 percent of the units in a proJect of
6 units or less and 25% of the unlts ln a project of 7 units or more be
sold or rented to nersons of low or moderate income with suitable deed
restrlctlons to assure the retention of that category as long as possible' ,
and further that those unlts designated as low or moderate income houses
have attached to them some sort of density bonus such as reduced parklng
Or reduced plumbing, etc. Second by Councilmember Rhoden with an
amendment that staff be instructed to prepare a report regarding in lleu
of fees, WhlCh clearly states what the costs are to developers and the
report also explore incentive methods to promote construction and that
the report be brought back at the next Council meetlng. After discussion
regarding the tlme involved to prepare a staff report Mayor Pro Tempore
Yannatta Goldway withdrew her motion. Mayor Pro Tempore Yannatta Goldway
moved to direct the staff to prepare the ordinance with the Plannlng
Commission recommendations presented at the next meeting. Second by
Councilmember Rhoden. Councilmember Rhoden moved that the City Attorney
investigate the requlrements of the SubdlVlsion ~ap Act as they apply
to solar access, and if required affer language to the Councll at the
time of the Ordlnance's flrst reading that will keep the City in
compllance with the act. ~ayor Pro Tempore Yannatta Goldway accepted the
amendment. Discusslon followed. Councilmember Rhoden moved to remove
the amendment prevlously made and moved an amendment to request the City
Attorney to prepare a report for consideratlon at the first meetlng ln
July. :layor Pro Tempore Yanntta Goldway accepted the amendment. Council-
member Rhoden stated for the record that she \,i1l be voting ";'\0" on the
motlon because the standards are not in compliance with elther the
Subdivision Map Act or appllcable to solar rights or to the Housing
Element of the General Plan of the City of Santa Monica. The motion
failed by the following vote:
Councll Vote' Affirmative: Counc~lmembers Yannatta Goldway,
Jennings and Mayor Bambrick
Negati ve:
Counci1members Scott and Rhoden
Absent:
Councilmembers Reed and van den
Steenhoven
2
Councllmember Jennings moved to direct the Planning Commisslon to hold
hearlngs in regard to denslty bonues and other incentlves and report
back to City Councll their findings and recommendations. Second by
Councilmember Rhoden with an amendment that it be referred to the I
Housing Commlssion for their recommendations also. Councllmember Jennlngsll
agreed to the amendment.
Council Vote: Unanlmously approved 5-0
Absent' Councllmembers Reed and van den Steenhoven
Agenda Item 10-B: presented for consideratlon at this time was a
recommendation of the Technlcal Appeals Boards on present and forthcoming
vacanCles. Councilmember Jennlngs moved that they direct the City Clerk
to advertise for these vacancies in the usual manner. Mayor Pro Tempore
Yannatta Goldway seconded the motlon.
CounC11 Vote: Unanimously approved 5-0
Absent: Councilmembers Reed and van den Steenhoven
Agenda Item 10-C: Presented for conslderation at this tlme was the
request of the Commlssion on Older Americans for approval of a written
endorsement of "Adopt a Grandparent Program. Mayor Pro Tempore Yannatta
Goldway moved to concur with the Commission's request to write to the
Santa Monlca School Dlstrict favorlng the "Adopt a Grandparent Program".
Second by Councilmember Rhoden.
Council Vote: Unanimously approved 5-0
Absent: Councllmembers Reed and van den Steenhoven
Agenda Item 10-D: Presented for consideratlon at this time was a request
from the Commission on Older Amerlcans for approval of a written request
to the Board of Education regarding the use of school facilitles for a
temporary Social Securlty office. Mayo~ Pro Tempore Yannatta moved
that the staff work with the commlssion to see if there was a better way
to go as there is available Some new information on this relocation.
Second by Councllmember Rhoden.
Council Vote: Unanimously approved 5-0
Absent:
Councilmembers Reed and van den Steenhoven
Agenda Item II-A: Presented for consideration at thlS time was an
executive seSSlon for the purpose of dlscussing pendlng litlgation and
lnstructing City representatives concernlng salaries, salary schedules
or compensation pald ln the form of fringe benefits. The executive
session was held at the end of the meetlng wlth the followlng action
taken: Councilme8ber Reed moved 1. The CounCll conflrm the appointment
of Ann Shore as Clty Clerk at' salary Step C, with a review after six
months. 2. The Clty Manager was authorlzed to seek proposals for an
executlve search flrm for Finance Dlrector for a cost not to exceed
$6,000 plus expenses. Second by Councilmember Scott.
Council Vote: Unanimously approved 4-0
Absent: Councilmembers Yannatta Goldway, Rhoden and
van den Steenhoven
Councilmember Reed moved 3. That the City Manager be authorized to pay
the sum of $12,782 to Herman Selvln Law Flrm for work ln the Pine case.
Second by Councilmember Scott.
Council Vote: Unanimously approved 4-0
Absent. Councilmembers Yannatta Goldway, Rhoden and
van den Steenhoven
3
363
Staff to adv._
for vacancie~
the Technical
Boards
Corrunlssion (II
.Amerlcans fo I
of a \,Tl tten
ment of "Ador
Grandparent i
approved
Request of C,
on Older .:\me I
for approval
\,Ti tten Teqv'
regardlng us.
School facil
for temporar:
Security off
referred to
.Wl. Shore ap!
Clty Clerk, ,
Step C.
City illanager
proposals fo
tive search
Finance Dlre,
Ci ty t-lanager
to pay firm f,
case
64
~lOO, 000 of
'nce reten-
Ie Schuyler
msel
, litigate
111 Case.
ler Reed to
drilling
Sacramento
Squares
Itlllued
budget
on
Councilmember Reed moved 4. to authorlze a pledge of $100,000 of the
self-insurance retentlon for the Schuyler Case. Second by Councllmember
Scott.
Council Vote: Unanimously approved 4-0
Absent: Councilmembers Yannatta Goldway, Rhoden and
van den Steenhoven
Councllmember Reed moved 5. to authorlze the Clty Attorney to retain
outside counsel to litigate the Harrlson case. Second by Councilmember
Scott.
Council Vote: Unanimously approved 4-0
Absent' Councilmembers Yannatta Goldwav, Rhoden and
van den Steenhoven .
~ayor Bambrick announced that the trip in regard to the oil drilling
authorlzed for Washington D. C., has been changed to Sacramento and that
Councllmember Reed wlll be attending.
Agenda Item 12-D: Mayor Pro Tempore Yannatta Goldway moved to consider
Agenda Item 12-D at this time. Second by Councilmember Rhoden.
Councll Vote: Unanimously approved 5-0
Absent:
Councilmembers Reed and van den Steenhoven
Presented for consideration at thlS tlme was the request of Richard C.
Stephens, Presldent of Red Ribbon Squares to address the Council regarding
the rental fees for use of ~arine Park Auditorlum. Mr. Richard Stephens,
addressed the Council. By Council consent ~r. Stephens was instructed to
i come back before the Councll at the public hearing on the budget on June
! 10, 1980. ~o actlon was taken.
!
i Councllmember Reed reported present at 10:15 P.M.
ldressed I Agenda Item 12-A: Presented for consideratlon at this time ,.as a request
'arding of Danlel Cohen to address the Council regardlng the establishment of a
'IIt of Pubh~Publlc Safety Commisslon. Danlel Cohen addressed the Council. A staff
"isslon i report was presented. Councilmember Jennings ,.as excused from the
meeting at 10:30 P.M. D1Scussion by Council followed. No action was
; taken. Councilmember Jennings reported present at the meeting at 10:35
! p, YI.
110ved
Proposition
'l111g for
sons
o time of
,ideratlOn
Jrasail
ecelved
Agenda Item l2-B: Presented for conslderation at thlS time was the
request of Trusse Norris, Commissioner of the Callfornia State Park and
Recreation Commission, to address the Council regarding support of
Proposition 1. Mr. Norris was unable to be present at the meeting.
Councllmember Reed moved to support Propositlon I on the ballot. Second
by Mayor Pro Tempore Yannatta Goldway.
Council Vote: Unanimously approved 6-0
Absent: Councllmember van den Steenhoven
Agenda Item 12-C: Presented for consideration at thlS tlme was the
request of Judy Gewertz, Coordinator of Peer Counselllng for Elderly
Persons, to address the Council regarding a walver of fees for the use
of Recreation and Parks Department facilitles. Mr. Gewertz, representlng
his wife Judy Gewertz, addressed the Council. Councll discussion
followed. Mr. Gewertz was asked to appear during the public hearing
portlon of the budget consideration in regard to this mattter. No actlon
was taken.
Agenda Item l2-D: Discussed ear1ler in the meeting.
Agenda Item l2-E: Presented for consideratlon at thlS time was the
request of Todd R. Howell to address the Councll regarding a proposed
parasail operation by Ferguson/Rodriquez. Councllmember Reed moved to
4
receive the request. Second by CouncIlmember JennIngs.
CouncIl Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
Agenda Item 12-F: Presented for conSIderatIon at this time was the
request of Brian Bennett, representative of the Save Our Bay Committee,
to address the CouncIl regarding a rally to be held Sunday, ~ay 18, 1980.
BrIan Bennett addressed the CouncIl. CouncIlmember Reed moved to
authorize the use of the northwest corner of the beach parking lot for
the rally, with the area not to exceed 3S parking spaces and that the
rally be kept nonpartIsan. Second by Councilmember Jennings.
CounCIl Vote: UnanImously approved 6-0
Absent: Councilmember van den Steenhoven
Agenda Item 13-A: Presented for conSIderation at thIS time was the
appointment of a CommISSIoner to the Recreation and Parks CommiSSIon.
CouncIlmember Reed moved to nominate LInda Evans. Mayor Bambrick moved
to nominate Doris Davis. On a call for a vote on the nominations.
Councilmember Yannatta Goldway, Jennings, Reed and Rhoden voted for
Linda Evans. Councilmember Scott and Mayor BambrIck voted for Doris
Davis. Linda Evans was appointed to the RecreatIon and Parks Commission
for a term expiring June 30, 1980.
Agenda Item l3-B: Presented for consideration at this time was a
request of CouncIlmember Reed for discussion regardIng airport fees and
airport property rental rates. CouncIlmember Reed moved to direct the
staff to reVIew the real propert~-rental' rates ~nd hangar rental rates
and to ask the AIrport CommIssion to gIve theIr advice regarding mOVIng
the Saturday and Sunday curfew hours from 7.00 A.~. to 9:00 A.M. and
asked that this report be given to them durIng the budget session, and
further authorIzed the City Attorney and the Acting City Attorney to
procure the services of the legal lease specialist to review the present
aIrport leases which have been carried over to 30 day tenancy. Second
by Hayor Pro Tempore Yannatta Goldway. Councll.member Rhoden moved to
hear the public. Mayor Bambrick seconded the motion. The motion failed
by the following vote' ,
ColUlcil Vote: Afhm~tlve COlUlcilmember Rhoden and i-Iayor BambrIck I
:.iegatlve: COlUlcilmembers Yannatta Goldway, Jennings, Reed and scot~
Absent. COllllCllmember van den Steenhoven I
The main motion was approved by the following vote:
CounCIl Vote: Unanimously approved 6-0
Absent: CouncIlmember van den Steenhoven
Mayor Pro Tempore Yannatta Goldway moved to continue the meeting past
11:00 P.M. Second by Councilmember Reed.
Council Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
365
Save Our Bay
to hold raIl)
I Linda Evans .
to Recrea tiOl
Parks Commis'
Airport fees
discussed at
time
Agenda Item l3-C: Presented for consideration at thIS time was a requestiDlscussion of
for diSCUSSIon by ~fayor Pro Tempore Yannatta Goldway regarding the report tof items refe
enti tled "Status of Items Referred to Staff as of Nay 6, 1980". Discussiot;L staff
,vas held regarding the report. No action was taken. ;
i
CouncIlmember Reed requested Agenda Item 10-A be placed on the next agenda!
for consideration when she could be present. Council concurred.
Agenda Item l3-D: Presented for conSIderatIon at thIS time was a
request by Councilmember Rhoden :for diSCUSSIon regarding the preparation
5
prepare
e requHing
to regIster
g of
hemicals
of an ordinance requIrIng
disposed wIthin the City.
for three minutes. Mayor
motion.
the disclosure of toxic chemicals used and
CouncIlmember Rhoden moved to hear the public
Pro Tempore Yannatta Goldway seconded the
Council Vote: Affirmative: Councilmembers Yannatta Goldwav,
Jennings, Rhoden, Scott and Mayor
Bambnck
Negative:
Councilmember Reed
Absent:
Councilmember van den Steenhoven
i
The following persons addressed the Council' :'Iurry Stillwell, Ralph Bravel,
Allana Namrnon, Thomas Bell and Dee Edwards. Councilmember Rhoden stated i
for the record that 421 postcards had been receIved In support of the
ordinance and one had been received in opposition to the ordinance.
Councilmember Rhoden proposed Alternate Ko. 3 and moved that they instruct
the City Attorney to draft an ordinance along the lInes proposed at the
February 26, 1980 meeting adopting the third recommendation which would
requIre 1,000 busInesses who hold busIness licenses engaged in manufactur-
ing or proceSSIng operations in the sale of chemIcals and other toxic
substances at retail or wholesale and other uses of hazardous substances
such as gasoline statIons and dry cleaners etc., to file a disclosure
requirement and further added that they should fInd out how the hazardous
materIal IS beIng disposed of in the CIty and how much of It is disposed
of into the CIty'S sewer systeN. Second by Mayor Pro Tempore Yannatta
Goldway. CouncIlmember Scott moved a substitute motion that the City
Attorney be directed to prepare an ordinance requiring the registration
of businesses who dispose of hazardous chemicals and the method they use
for dIsposal, excluding chemicals contaIned in packaged products sold in
retail or wholesale stores. Second by CouncIlmember Reed.
Council Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
Councilmember Scott moved to adjourn to executIve session at 12:37 A.M.
Second by CouncIlmember Reed.
Council Vote: Unanimously approved 6-0
Absent: CouncIlmember van den Steenhoven
The Council reconvened at 1:30 A.M. with Councilmembers Jennings, Reed,
Scott and Mayor Bambrick present. CouncIlmembers Yannatta Goldway,
Rhoden and van den Steenhoven absent. For action taken at executive
session see Agenda Item II-A.
There being no further bUSIness for Council consideratIon Mayor Bambrick
, adjourned the meeting at 1:39 A.M. in memory of Bessie CarrIllo, wife
, of OttIe Carrillo and In memory of Davida Montgomery Lonsdale, Wayne
Harding's mother.
ATTEST:
APPROVED.
i~~
Cl~rice E. Johns~n, CMe
Acting City Clerk
, c
( /'\~~lj h"' ~ ~,( / /1-_.~-~ :."' ~...
/ l>(';t{AA.JJ I I ,>, LtfL.i,J~
.' Jpnn Bambrick
/ ~avor -
f '
6