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M-4/14/19803~~ CITY OF SAVTA ~10~'ICA CITY COU~,TCIF~ PROCEEDIIvGS April ~4, 1980 an ad~ourned meet~ng of the Santa Aionica City Council ti~as called to orc~er at i: 35 P.'~•1, by h7ayor Bambrick. Roll Call: PresenY: ~iayor John J. Bambrick ~tayor Pro Tempore Ruth Yannatta Goldway Councilmember ~4illiam H. Jennings Councilmember Christine Reed Councilmeraber Cheryl Rhoden Councilmember Perr~~ Scatt Councilmember Pieter van den Steenhoven (arrived at ?:40 P.yi.) City ~ianager Charles K, bicClain City Attorney Richard Knickerbocker Assistant attorne;- Stephen Stark Acting City Clerk Clarice Johnsen Councilmember Rhoden moved to approve addition of Agenda Items 13-C and 13-D. Second b} Councilmember Jennings. Council l'ote: Unanimously approved 6-0 :~bsent: Councilmember van den Steenhoven I Agenda Item 8-B: Presented for consideration at this time was an 'Ordinance ,n ordinance for introduction amending Ordinance Vo. 1047{CCS), to permit ; amending Or~ an inCrease in income limitation for Senior Citizens uti2ity tax rebate : 1~J=~' to pe~~~ proaram. The staff report was presented. The public hearing was opened ;an increase at ':40 P.}4. by >Iavor Bambrick. There being no persons wishing to speak, ' limitation t Councilmember Rhoden moVed to close 'the public hearing at 7~~1 P.R4. : Citizens uti Second by Councilmember Reed. program Council Vote: Unanimously approved 7-0 ~ Discussion folloiaed by Cou:~ci~. Councilmember Rhoden moved to approve the staff recommendation and introduce an ordinance entitled: "AN ORDIAaNCE OF THE CITY COUVCIL OF THE CITY OF SaNTA MOVTCA AA4ENDING SECTION 6633b OF THE ~iUVICIPAL CODE", with the amendment that the increase is based on the Department of Labor's standards £or the Standard :~ietropoiitan Statisti~al :~rea (StiiSA) . Second by bfayor Pro Tempore Yannatta Golditiay. Council Vote: Unanimously approved :'-0 ~~iayor Pro Tempore Yannatta Goldway moved to direct staff to prepare a j report on the feasibility of notifying the public of the rebate program ~ through the uti~itv bill and establishing a mail-back program. Second ; by Councilmember Rhoden. Council Vote• Affirmative: ~•fayor Pro Tempore Yannatta Goldlti*a~~, Councilmember Jennings, Rhoden and l~iavor Bambrick Vegative: Councilmembers Reed, Scott and van den Steenhoven ~genda Item 8-C• Presented far consideration at this time was an ordinance for adoption repealing sale o£ fireworks in Santa 14onica. The staff report loas presented. Councilmember Reed moved to approve Ordinance I~a. 1152(CCS) entitle~d: "A\ ORDIVANCE OF THE CITY COUNCIL OF THE CITY OF S~NT:~ bIONICA REPE:~LI\G CHaPTER iA OF ARTTCLE VT OF THE S~VT:~ ti1QhIC~i :~tINTCIPAL COBE REL.4TT'~rG TO THE STOR:IGE, USE, AR'D SALE OF SAFE atiD SAVE FIREIti'ORKS i9ITHT~' THE CITY, AVD RESCTNDING RESOLUTIO:vT Ordinance 1I repealing sa fire~~~orks in Santa '~4onica 1 5301(CCS}, ESTABLISHING ~ PROCEDURE FOR THE PROCESSIVG OF PE~~ZITS TO SELL SAFE aVD SANE FIF.EFti'ORKS", reading by title only and ~~iaiving further readzng thereof. Second by Councilmember Rhoden. Council ~'ote• :#ffirmat~.ve: ~fayor Fro Tempore Yannatta Goldi.iay, Councilmember Reed, Rhoden, Scott and Afayor Bambr~ck ~egative: Councilmembers Jennings and ~Tan den Steenhoven 153 ~ Q t'~e a Rent Agenda Item 8-D: Presented for consideration at this time was an ordinan-j ce for adoption implementing the Santa ti4onica Rent Control Law, The staffj report ivas presented. Councilmember Rhoden moved to adopt Ordinance iVo. ; 1153(CCS} entitled: "A:~ ORDI~IANCE OF THE CITY COU~CIL OF THE CITY OF i SAtiT:~ 1f0~1ICA AbiENDI~iG CHAPTER 6 OF aRTICLE I~' OF THE SA?~'Ta ~90~ICA btUNICIPA~, CODE TO E\.aCT THE RE'VT CONTROL ORDII~AVCE, TO I:~iPLE~fE;~T ~RTICLE Yl'III OF j THE CITY CHARTER", reading by title only and wa~ving further reading ~ thereof. Second by hlayor Pro Tempore Yannatta Goldi~ay. Councilmember Scott moved to amend the ordinance to add in an exception for tentative maps approved prior to April 10, 1979. Second by Counczlmember Reed. Discussion follolti*ed. Tha motion failed by the following vote: Council Vote: Affirmative: Councilmembers Reed, Scott, and van den Steenhoven Negative: Councilmembers Yannatta Goldwav, Jennings, Rhoden and ~-Ia~or Bambrick Councilmember Reed moved to amend the main motion to delete Section 4604 regarding determination of vested rights. Second by Councilmember Scott. Discussion follo~,=ed. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Reed, Scott and van den Steenhoven Negati~re: Councilmembers Yannatta Goldivay, Jennings , Rhoden and r4ayor Bambrick Councilmember Scott moved to amend the main motion to dalete the second sentence o'f Section 46U9, "Nor shall the Council unreasonable withold fu ,or approvals necessary to insure that the policies and purposes of this iChapter and the Rent Control Law are carried out fairly and ef~iciently, and that the law be upheld and adequxtely enforced", Second by Council- Imember Reed. Discuss~on follo~~ed. The motion failed by the following ~vote : ; Council LTOte: Affirmative. Councilmembers Reed, Scott and van den I Steenhoven \egative: Councilmembers Yannatta Goldltia;r, Jennin Rhoden and biayor Bambrick :ouncilmember Scott moved to amend the main motion by deleting the portion ~f Section 4611 ~ahich delegates the authority for criminal prosecution to lttorneys employed by the Rent Control Board. Second by Councilmember teed. Discussion follo~}ed. The motion failed by the follo~aina vote: Council lrote: ~ffirmative• Councilmembers Reed, Scott and van den Steenhoven ~egative: Councilmembers Yannatta Goldway, Jennings, Rhoden and :~9ayor Bambrick Che main motion ~~=as approved by the follo~aing vote• Council Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Rhoden and biayar Bambrick Negative: Councilmembers Reed, Scvtt and van den Steenho~;en Z 32 Agenda Item 8-E: Presented for considera~ion at this time was an emergen- cy ordinance for introduction and adoption placing a six-month moratorium on adnlt entertainment. a staff report was presented. ~layor Bambrick opened the public hearing at 8:45 P.~i. Rob Schribner addressed the Council in support of the ordinance. There being no other persons !tvishing to speak, Counci2member Rhoden moved to close the public hearing ;at 8•50 P.AT. Secon~ by ~Iayor Pro Tempore Yannatta Gold~aay. i Council Vote: Unanimously approved 7-0 ~iatior Pro Tempore Yannatta Goldwa;~ moved to introduce and adopt Ordinance ~Io. 1154[CCS) entitled: "AN AhIERGEVCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAVTA b10?vrIC;~ IhiPOSII~G :~ ~tORATORIU!~1 0:~ THE ESTABLI5H1fENT OF CERTAIN DEFI\ED ADULT USES". Second bv Councilmember Rhoden. Council- membex van den Steenhoven moved to amend the ordinance to change t e word "conduc*_" in the definition section to read "activity". ~4ayor Pro 'Fempore Yannatta Gold~~ra~~ the maker of the motion and Councilmember Rhoden the second agreed to the amendment. Council Vote: Unanimousl;~ approved '-0 Agenda Item 10-~: Presented for consideration at this time t,~as a recommendation of the Planning Commission that the City Attorney be directed to draft a new condominium conversion ordinance. A staff report was received. Discussion followed. Dr. John Hult addressed the Council. ~Iayor Pro Tempore Yannatta Goldtaay moved to adopt the Planning Co~ssion's recommendation and direct the Citti Attorney to prepare the necessary ordinance to be returned to the Council by Dlay 13, 1980 and further directed the Cit;- Attorney to prepare Ianguaae to deal with vacancv facto~ Second bv Councilmember Rhoden. Councilmember Reed move~ to amend~the ordinance by deleting the last sentence, "One-third of all required parking spaces may be in tandem", from Paragraph 6 of Section 9133E, of Findin~s and Recommendataons of the City Planning Commission. liayor Pro Tempore Yannatta Goldway the maker of the motion and Councilmember Rhoden the second agreed to the amendment. Council Vote: A£firmative: Councilmembers Yannatta Goldway, Jennings, Reed, Rhoden and :~tayor Bambrick Vegative: Councilmembers Scott and van den Steenhoven iagenda Item 11-A: Presented for consideration at this tzme i,~as a contract ~for ai~ard to remodel two restrooms at the '~1ain Lib rary to provide ~accessibility to handicapped users, to the loltiest and best biddex in a total amount of ~16,000. Councilmember Reed moved to approve the staff ~recommendation to award Contract vo. 3476{CCS) to Joseph ~y, Euban.<s in ~the amount of $24,909 and appropriate $11,000 from Community Development ; Block Grant funds. Second by hlayor Pro Tempore Yannatta Goldti*ay. Council Votie: Unar.imously approved 7-0 Agenda Item 11-B: Presented for consideration at this time ~aas a request for release of ~11,600 Community Development Block Grant Funds for the ;continuation of the planning process of the hlultiservice Center. The staff report was received. C. Botvns, a member of the Board of Directors, addressed the Council. Discussion by Council followed. Councilmember van den Steenhoven moved to approvc the staff recommendation to approve ~expenditure of 57,600 to Kappe Loter~T Boccato for Task 3, 54,000 to 'Fundraisers, Inc. for study and $4,000 to reimburse City Community ~Development Block Grant programs. Second by Councilmember Reed. Council ~'ote: Affirmative: Councilmembers Yannatta Goldti=ay, ! Jennings, Reed, van den Steenhoven and Diayor Bambrick , Ordinance 1 emergency o~ for a six ~~K moratorilun ~ entertainme, Citv Atto7?:~ a nei+ conda~ conversion ~ Contract 347f Jos~~T. E>>~ to remodel t room at the : Library Cotmcil appr~ a request fo of 511,500 C~ Developrr~ent ~ Grant Fl.mds ~egati~Te: Counci~members Rhoden and 5cott a 19e ll 10 near Agenda Item 11-C: Presented for consideratlon at this time was a report on the history of Santa Nfonica i~tiell \o. 3(Olympic near Centinela} and altexnatitire plans for the future of the tiveli. The staff report was received. Councilmember Reed moved to approve the staff recommendation. Second by Councilmember van den Steenhoven. Dzscussion by Council followed. Councilmember Rhoden moyed to amend the motion to include the provision that the Counczl recezve copies of tests bezng conducted periodically. Councilmember Reed the maker and Councilmember van den Steenhoven the second agreed to the amendment. Contract \o. 3525(CCS) aHarded Ecological Systems Inc. in the amount of ~5,000. Council Vote• Unanimously approved "-Q Agenda Item 11-D: Councilmember Scott moved to adjourn to an executive session for the purpose of discussing pending litigation and instructina City representatives concerning salaries, salary schedules or compensati paid in the form of fringe benefits. Second by Councilmember van den Steenhoven. Council Vote: Affirmative: Nepative ~ of Cit} ~l~kerbocke: -fecti~~ :er to ~ at 560.00 ~r airport ;rk acting ,Qy Councilmembers Yannatta Jennings, Reed, Scott, and liayor Bambrick Councilmember Rhoden Councilmember Rhoden left the meeting at 10:15 P.~•f, Goldti~a;=, van den Steenho The Council reconvened at 10:45 P.bi. with the following Counc~lmembers ' present: Councilmembers Yannatta Goldway, Jennings, Reed, Scott, van den ~ Steenhoven and l•Iayor Bambrick. City Attorney Knickerbocker tendered his resignat~on. Councilmember Reed moved to accept with regret the resigna- tion of City attorney Richard Knickerbocker, ef£ective May 1, 1980 and to designate Stephen Stark as ~cting City Attorne.~~aith an increment in pay equal to the B Step of the City Attoxney's salary range. Further, that the Acting City Attorne)r and the City A4anager be authorized to seek proposals and negotiate retainer agreements to be returned to Council tiaith other firms of Attorneys to carry on some of the legal iaork of the City in the interim period and further that the Council approve retention of 'the services of Richard Knickerbocker at a rate not to exceed 560 an hour 'to carr7r through the defense of the City in the Airport litigation and the Barbeau litigation. Second by Councilmemher Scott. Council 1'ote: ?~ffirmative: Councilmembers Yannatta Goldway, Jennings, Reed, Scott, van den Steenhoven and A•Iayor Bambrick I ?~bsent: Councilmembsrs Rhoden ICovncilmember Scott was excused ~rom the meeting at 10;50 P,hI. ,on fAgenda Item 12-A: Presented for consideration at this time was a written ~e Coimcil request ot ~~`arren E. Harrison ta address the Council regarding the handlin ~e handlin~ of fees collected for the use of "The Senior Recreation Center". jtiarren "Ihe E. Harrison addressed the Council. Dis~ussion by Counci~ followed. By ation Council consent ~ir. Harrison was asked to arrange a date with the City I+fanager so he can examine the record of receipts. ~f City's Agenda Item 12-B: Presented for consideration at this time ~,*as a written request of ~lison D.S.L, arnold to address the Council regarding re~eal of the City's curfe~.* 1a~~*. alison D.S.L. Arnold addressed the Council. I~o acti~n was taken. ~f celebra- Agenda Item 12-C: Presented for consideration at this time ~+as a requesi Farth Da;~ of Jim 0'Connell, Director of the Earth Day Event and Jack AIcKa~, , 1980 President of the One Life Natural Foods to address the Council regarding a street celebration o£ Earth Day on ~pril 19, 1980. I~o action i,~as taken. i , 'Agenda Item 12-D: Presented for consideration at this time ~ti*as a request i 331 from Kenneth Simpson, President and A•Ianaging Partner of Humperdinck's Disco and Supper Club, to be heard by Council regarding a proposal for after hours operation. Counczlmember Reed moved to den;r the request. Second by Councilmember van den Steenho~,ren. Council Vote: Unanimously approved 5-0 Absent: Councilmembers Rhoden and Scott ;Agenda Item 13-A: Presented for consideration at this time was a request of hiayor Pro Tempore Yannatta Gold~.~ay for discussion on the Council's position on AB2257 regarding redevelopment and financing. Dlayor Pro Tempore Yannatta GoZdwav moved to take a position of opposition to bill AB225i and to contact t~e :~ssembl~r Committee on Housing and Community ~Development to communicate the Council's position i,hen it hears the bi11 on ~pril 16, 1980 and that Diayor Pro Tempore 1'annatta Goldway be authorized to draft a mailgram and see that it gets mailed in a timely fashion. Second by Councilmember ~Tennings. Council ZFOte: Unanimously approved 5-0 Absent: Councilmembers Rhoden and Scott Agenda Item 13-B: Presented for consideration at this time was a report bv bla~-or Pro Tempore Yannatta Gold~,=ay on the Architectural Rev~ew Board. ?~ report iaas presented. ?~o action was taken. ~genda Item 6-jV: Cauncilmember Reed moved to tabie Agenda Item 6-tV, contract for award for consulting services on recoxds management and office procedures to Joyce Snider in the amount of ~3,000 untiZ such time that a new City Clerk is appoznted. Second by Aiayor Pro Tempoxe Yannatta Goldway. Council 1'ote Unanimausly approved 5-0 absent: CounciZmembers Rhoden and Scott iProposal for hours operat of Supper C1~ I ~ Co~mcil oppc~ ;aB2257 for r. ment and f;n Gold~ti~ay repu~ ~rchitectura Board COi1SUlt111a S. on records m. tab led Agencl.a Item I3-C: Presented for consideration at this time caas a request by CoLmcilmembe~ Rhoden to discuss establishing a regular meeting night for the unfinished agenda. This iVas continued until a full Council is present. ; ~genda Item 13-D: Presented for consideration at this time was a report by :Iayor Pro :em~ore Yaznatta Gold~,~ay an activities regarding opposition to leasing off-shore oa.l drilling. a report was g3ven. ~dditional information ~yill be provided at the April 22, 1980 meeting. Council- member van den Steenhoven moved ta adjourn the meeting at 11:15 P.h1. Second by Councilmember Jennings. Council ~~ote: Unanimously approved 5-~ Absent: Councilmembers Rhoden and Scott ~TTEST: APPROl'E-: ~ ~~Y~~ ' ~ /~~~°t~ ~I ` /~ ~v. Cla`rice E. John en, C~iC " JoTirr ,~ b~ic~~ acting City C1erk i~ ~tiiayar ~ Ozl drilling discussed ~p, 1980