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M-2/24/1981 . . CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS FEBRUARY 24, 1981 A regular meetIng of the Santa Monica City Council was called to order at 7:35 P.M , Tuesday, February 24, 1981, by order of Mayor Bambrick who led the assemblage in the pledge of allegiance to the United States of America. Mayor Bambrick introduced Reverend WIllIS Tate, Emanuel Community Church by the Sea, who offered the invocation. Roll Call: Present: Mayor John J. Bambrick Mayor Pro Tempore Ruth Yannatta Goldway Councllmember William H. Jennings Councilmember Christine E. Reed Councllmember Cheryl Rhoden Councilmember Perry Scott City Manager Charles K. McClain Acting City Attorney Stephen Stark City Clerk Ann M. Shore Councllmember Rhoden moved to add Agenda Items 6-T, 6-U, ll-F and 13-F through 13-K. Second by Mayor Pro Tempore Yannatta GoJdway. The motion was approved by unanimous vote. 5-A' CIRCUS VARGAS: Presented for consideration was a contract with Circus Vargas for use of the Beach Parking Lot. DIscussion was held. Councilmember Rhoden moved to authorize staff to execute Contract No. 3626(CCS) with Circus Vargas for use of the Beach Parking Lot for circus performances on March 6-9, 1981, as recommended. Second by Councilmember Reed. The motion was approved by the fol lowing vote: I Council Vote UnanImously approved 6-0 Councilmember Rhoden moved to request an Informational report back from staff on the irationale for raising the fees for filming on the Pier as well as the amounts requested jfrom lessees who are paid by film companies. Second by Mayor Pro Tempore Yannatta IGOldWay. Councilmember Rhoden included in the motion the request that the information attempt to suggest some sort of consistent pol ICY we can use In regard to renting out our beachfront property to profit-makIng entertainment enterprises. The motion and its addi- :tion was approved by the following vote: Council Vote: Unanimously approved 6-0 CONSENT CALENDAR: The Consent Calendar was presented for consideration after which Councilmember Rhoden moved to approve the Consent Calendar with the exception of Items -A, =C, 6-0, 6-G, 6-K, 6-N, 6-5 and 6-U, reading ordinances and resolutIons therein by title only and waiving further readIng thereof. Second by Councilmember Reed. The motion was approved by the follOWing vote: Council Vote: Unanimously approved 6-0 . February 24, 1981 . 193 194 6-A' APPROVAL OF MINUTES: Presented for consideration was approval of City Council minutes. Councilmember Rhoden moved to approve the minutes of February 3, 1981 as written and minutes of February fO and February 11, 1981 as follows' Minutes of February 10, 1981, to be corrected as follows. Page 8, Item II-A, tenth line, to read instead "...at the time of final approval that \'Jould make further design changes feasible." Page 9, Item 12-A, last line, to read instead "Discussion ,"as held. Councilmember Reed indicated that she would discuss the matter with Ms Neveau and report back to the City Council." Page 10, Item 5-1, the seventh and eIghth 1 ines, to read instead "...Gold,"ay. During discussion there vias no objection to including the request of Councilmember Reed that the City Attorney be authorized to draft alternate recommendations incorporating the City of Los Angeles eviction protection ordinance. The motion was approved..." Page 12, Item 6-F, beginning with the twelfth line, to read instead "...Councilmember Rhoden requested the record to show that she is votin9 no against the motion In her feeling that we are not obI igated to take an action upon the remand for reconsideration and because the project does not conform to Housing Element standards. The motion was approved. . ." Minutes of February 11, 1981, to be corrected as follows: Page 6, first paragraph, second 1 ine, to read instead ".. .report to the Counc i 1, I n Wi it i ng, on measures... .11 Page 6, Item 12-C, corrected to indicate that filming in the Chamber IS to be done by the UniverSity of Cal ifornia, Los Angeles (rather that the University of Los Angeles). I The motion was seconded by Councilmember Reed and approved by the following vote: Council Vote. Unanimously approved 6-0 6-B: PERMIT PROCEDURE: Ordinance No. 1198(ccs) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING A 90-DAY PERIOD OF LIMITATIONS FOR APPEAL OF ADMINISTRATIVE ACTIONS", introduced February 11,1981, \"as adopted. 6-c: FINAL TRACT MAP NO. 13682. Presented for consideration was a staff report and a resolution approving Final Tract Map No. 13682 submitted by Barry Brewer, K. N. , Golick & J. L. Zeiser for a 3-unlt new condominium at 2809 Second Street. Councilmember' Reed moved to adopt Resolution No. 6209(CCS) entitled: "A RESOLUTION OF THE CITY COUNCI~ OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF PARCEL NO. 13682": reading by title oniy and waiving further reading thereof. Second by Councilmember . Scott. Mayor Pro Tempore Vannatta Goldway requested that the record Indicate that she 2 February 24, 1981 . . . . . . . . is voting no because the project is not in conformance with the Housing Element and provides no inclusionary zoning, which is appropriate to our Local Coastal Plan. The motion was approved by the following vote: CouncIl Vote: Affirmative: I Bambric~ I I Counci lmembers Jennings, Reed, Scott and Mayor Negative: Councilmembers Yannatta Goldway and Rhoden 6-D: FINAL TRACT MAP NO. 38475: Presented was a staff report and resolution approving Final Tract Map No. 38475 submitted by Robert J. and Lynn Tobias and Sandy Miller for an 8-unit new condominium at 3003-3007 Highland Avenue. Discussion was held. Sherman Stacey, representing the developer, spoke to request approval of the Map. David Sherr and Irene Woh spoke in opposition to t~e project. Councilmember Reed moved to put this ,matter over until the next regular meeting and to instruct staff to report to Council I outl ;n;ng the parameters of the variance, the conditIons of the Tentative Map, and providing written material presented to the Planning Commission to back up the granting of said variance and Tentative Map. Second by Councilmember Rhoden. Discussion was held, including participation by Robert J. Tobias, developer. Following discussion, Councilmember Reed withdrew the motion. Councilmember Scott moved to adopt a resolution approving Final Tract Map No. 38745. Second by Councilmember Reed. The motion failed by the fOllowing vote' Council Vote. Affirmative: Councilmembers Reed and Scott Negative' Councilmembers Yannatta Goldway, Jennings, Rhoden and Mayor Bambrick 6-E: SENIOR NUTRITION PROGRAM: Resolution No. 6210(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOS ANGELES COUNTY AREA AGENCY ON AGING FOR AN AMENDMENT TO THE NUTRITION PROGRAM FOR THE ELDERLY UNDER TITLE I I I OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED", amending the Senior Nutrition Program's fiscal year 1980-81 budget, was adopted. 6-F. DAMAGED SIDEWALKS, DRIVEWAYS, CURBS: Resolution No. 6211(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-80-l5)", was adopted setting a hearing date on March 24, 1981. 6-G: OFFICE SUPPLIES: Presented for consideration was a staff report and resolution waIving formal bid procedure and authorIzing reimbursement for office suppl ies to Bayless Stationers. Discussion was held as introduced by Councilmember Jennings. I Councllmember Jennings moved to adopt Resolution No. 62l2(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE ANDI AUTHORIZING REIMBURSEMENT FOR OFFICE SUPPLIES", reading by title only and waiving furthe~ reading thereof, authorizing reimbursement for office supplies to Bayless Stationers i in the amount of S12,000. Second by Councilmember Reed. The motion was approved by the! fol lowing vote. Council Vote: Unanimously approved 6-0 3 rebruary 24, 1981 195 196 6-H: SURPLUS AND OBSOLETE EQUIPMENT: Resolution No. 6213(CCS) entitled: "A RESOLUTION! OF THE CITY OF SANTA MONICA WAIVING FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIA- 'I. TION FOR PUBLIC AUCTION OF SURPLUS MATERIALS AND EQUIPMENT", authorizing negotiation of an agreement with Ron Patterson, auctioneer, to conduct a public auction to dispose of surplus and obsolete equipment stored at City Yards, was adopted. 6-1: LIBRARY BIBLIOGRAPHIC SERVICE: Resolution No. 6214(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BID PROCEDURES AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT FOR ON-LINE BIBLIOGRAPHIC SERVICES AND EQUIPMENT", was adopted authorizing direct negotiation VJith OCLC, Inc. for on-line bibliographic service for the Library. 6-J: REVOLVING CASH FUNDS: A request for reimbursement of the following Departmental Revolving Cash Funds: Administrative SerVices, $224.44; Recreation & Parks, $86.57; City Yards, $62.26; Library, $157.22, was approved. 6-K: SHORT RANGE TRANSIT PLAN: Presented for consideration was a recommendation for authorization to file a revised Short Range Transit Plan. Mayor Pro Tempore Yannatta ' Goldway moved to approve the staff recommendation authorizing the City Manager to file I a revised Short Range Transit Plan with SCAG (Southern California Association of Govern- ments) and the Los Angeles County Transportation Commission. Second by Councllmember Reed. The motion was approved by the following vote: Council Vote' Unanimously approved 6-0 6-L: BEACH PLAYGROUND EQUIPMENT. Recommendation for approval of plans showing the location of beach playground equipment and authorizing application for permit from Coastal Commission, was approved. 6-M: TRASH CONTAINERS: Recommendation for appropriation of S65,000 from Refuse Fund for repair of trash containers, was approved. 6-N: AUDIT SERVICES: Presented for consideration was a recommendation for approval of a contract with Peat, Marwick, Mitchel I and Company for various audit services. Discussion was held, as introduced by Mayor Pro Tempore Yannatta Goldway. Mayor Pro Tempore Yannatta Goldway moved to authorize the City Manager to negotiate and execute Contract No. 3627(CCS) with Peat, Marwick,Mitchell and Company to provide audit services i on an as-needed basis, the audits to cover social service and community promotion ! agencies, pier lessees, miscellaneous grants and other programs and lessees as appropri~ ate and deemed necessary by the City Manager. Second by Councilmember Reed. The motion was approved by the following vote. Council Vote: Unanimously approved 6-0 6-0' BEACH CLEANING SUPERVISOR: A recommendation for ratification of job speCifications.. for Beach Cleaning Supervisor was approved. I 6-p: LUMBER FOR PIER: Bid No. 1583 was awarded to Can-Cal Mills, Inc., for lumber for the Santa MonicaPier in the amount of $13,708.08. 4 February 24, 1981 . . . . . . . . 6-Q: AUTO AND TRUCK PARTS: Inc. in estimated amount of . of 515,000 for $15,000 '6-R: PI ER RECONSTRUCTION: tion Co. for reconstruction Recommendation to award BId No. 1585 to M & M Truck Parts, 550,000 and to Parts-Sunbelt Distributor in estimated amount for automotive and truck parts, was approved. Contract No. 3628(CCS) was awarded to Healy-Tibbits Construc of Santa Monica Pier In amount of 5292,155. 6-s, TREE MAINTENANCE TOWER TRUCK: Presented for consideration was a recommendation for award of contract for purchase of an aerial tower truck for tree maintenance. Discussion was held. Councilmember Reed moved to accept the staff recommendation and approve Contract No. 3629(CCS) with International Harvester Co. for purchase of an aerial tower truck for tree maintenance in the amount of $98,976.12. Second by Councll- member Scott. Following discussion, the motion was approved by the following vote: CounCil Vote: Unanimously approved 6-0 6-T: IRRIGATION SYSTEM: Resolution No 6215(CC5) entitled. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION AND EXECUTION OF A CONTRACT FOR TWO IRRIGATION SYSTEMS",authorizing the City Manager to execute a purchase agreement for equipment and material for irrigation systemsin amount of $7,000.00. 6-U: ENVIRONMENTAL PLANNING AWARD FOR CLOVER PARK: Presented was a request for appointment of a representative to receive an Environmental Planning Award from the Cal ifornia Parks and Recreation Society for the Clover Park design. Following discusslo , Councilmember Reed moved to appoint City Recreation and Parks Commissioner Frank Juarez to attend the banquet and receive the award on behalf of the Council and the City on March 9, 1981. Second by Counei 1member Scott. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 7-A: STREET LIGHTING DISTRICT: Presented were public hearings on Street Lighting District composed of Oak Street between 23rd and 25th Streets and Ocean Park Boulevard between Euclid and 14th Streets. The proof of mail ing was fi led by order of Mayor Bambrick. The staff report was presented. Discussion was held. The public hearing was opened at 8:41 P.M. will iam Spencer, Jeanette Nicks, Fran Wofford and 11se Koch spoke In opposition to formation of the street lighting district. There being no one else wishing to speak on the subject. Counci1member Scott moved to close the public hearing at 8:56 P.M. Second by Councilmember Reed. following discl,sslon regard- Ing procedures, Councilmember Jennings moved a substitute motion to continue the subject and hearing to the next Councii meeting. The substitute motion failed by the fol100ling vote: Council Vote' Affirmative: Councllmembers Vannatta Goldway, Jennings and Rhoden Negative: Counci1members Reed, Scott and Mayor Bambrick 5 February 24, 1981 197 198 I The motion to close the publ ic hearing was approved by the followIng vote: Bambr i c~ Council Vote' Affirmative: Councilmembers Jennings, Reed, Scott and Mayor Negative: Councllmembers Yannatta Goldway and Rhoden Councilmember Scott moved that the steet lighting project be abandoned. Second by Councllmember Reed. The motion was approved by the following vote: Council Vote. Unanimously approved 6-0 7-B: DAMAGED SIDEWALKS, DRIVEWAYS, CURBS' Presented for consideration waS a public hearing on assessments of costs to repair damaged sidewalks, driveways and curbs (SR-80-13). The proof of mailIng was ordered filed by Mayor Bambrick. The staff report was presented. The public hearing was opened at 9'24 P.M. There being no one present wishing to speak on the subject, Councilmember Reed moved to close the public hearing at 9:25 P.M. Second by Councilmember Rhoden. The motion was approved by unanImous vote. Councilmember Reed moved to adopt Resolution No. 6216(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 AND CURBS (SR-80-13)", reading by title only and waivIng further reading thereof. Second by Councilmember Scott. The motion was approved by the following vote: Council Vote: Affirmative: Councllmembers Yannatta Goldway, Jennings, Reed, Scott and Mayor Bambrick Negative: Councilmember Rhoden 8-A: C3 GENERAL COMMERCIAL/CENTRAL BUSINESS DISTRICT DEVELOPMENT STANDARDS: Presented was a staff report and an ordinance for introduction regarding development standards in the Central Business District, reintroduced from February 10, 1981. Discussion was held Councilmember Reed requested that on page 5, Section 6, the eighth lIne, the phrase "and development permit requirements" be deleted. Mayor Pro Tempore Vannatta Gold\1ay requested that on page 3 and 4, Section 3.7. relating to parking and traffic analysis.be 'I' clarified by inclusion of the follm'Jing language suggested by the City Attorney "No additions to the floor area or change from retail use to another type of use in : buildings of more than two stories or construction of buildings of more than two stories! sha 11 be perm i tted.. .." . Counc i lmember J enn i ngs requested that the City Attorney rev i ew the provisions on page 2, Section (A) relating to Section 9129G8 and its appl ication to residential uses. Councllmember Reed requested that on page 4, Section 4.3, relating to off-street parkIng, the phrase "except as provided in 9129G8" clarifying the parking requirements, be Included as recommended by the Director of Planning. Councilmember Rhoden requested that on page 2, Section U, the last six lines be stated in simpler and clearer language. The public hearing was opened at 9:35 P.M. Vince Muselli spoke in favor of mixed residential and commercial uses and positive programs regarding the mall. The being no one else wishing to speak on the matter, Councilmember Scott moved to close the hearing at 9:40 P.M. Second by Councilmember Rhoden. The motion was approved by unanimous vote. 6 February 24, 1981 . . . . . . . . Further discussion was held. Counci lmember Reed suggested that the Planning Commission be requested to review the proposed ordinance and advise Council in regard to page 2, Section A, applying R4 standards to these residential uses. Councilmember Scott moved to refer the prosed ordinance to the Planning Commission for a report and recommendation prior to action by the Council. Second by Councllmember Reed. Following discussion, Counci1member Jennings moved an amendment to bifurcate the motion so as to vote separately on referring Section 1 and remaining parts to the Planning Commission. Second by Mayor Pro Tempore Yannatta Goldway. The amendment fa; led by the following vote. Council Vote. Affirmative: Counci lmembers Yannatta Goldway, Jennings and Rhoden Negative: Counci lmembers Reed, Scott and Mayor Bambrick Included in the motion was the request of Councllmember Reed that the Planning Commissi be advised as to the concerns identified throughout Council discussion and that the matter be returned to Council by the first meeting in April, 1981. The main motion to refer to the Planning Commission was approved by the following vote: Council Vote: Affirmative: Councllmembers Reed, Rhoden, Scott and Mayor Bambrick Negative: Counci lmembers Yannatta Goldway and Jennings 8-B. BARBED WIRE FENCES: Presented for consideration was a staff report and ordinance for introduction prohibiting barbed w,re and similar fences. The public hearing was opened at 9:47 P.M. There being no one present to speak on the subject, the hearing was closed at 9:47 P.M. Following discussion, it was agreed that the City Attorney prepare revised language to be considered later in the meeting (after Item 9-A). (Councilmember Rhoden was excused at 10:00 P.M.) 8-0: SEWER CONNECTION FEES: Presented for adoption was an ordinance allowing the setting of sewer connection fees by resolution, introduced February 11, 1981. Councilmember Scott moved to adopt Ordinance No. 1199(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7137 TO THE SANTA MONICA MUNICIPAL COOE ESTABLISHING SEWER CONNECTION FEES", reading by title only and waiving further reading thereof, and to ratify pub1 'cation of this ordinance as the final version of the a1ready-publ ished emergency ordinance,the changes being clarifying in nature rather than substantive. Second by Mayor Pro Tempore Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent Councilmember Rhoden 9-A. RESIOENTIAL INTERSECTION CONTROL POLICY: Presented for consideration was a staff report and resolution establishing a Residential Intersection Control pol icy. (Counci l-j member Rhoden entered at 10:10 P.M.). Olscussion was held. Mayor Pro Tempore Yannatta I Goldway moved to approve the staff recommendation, approving the proposed Residential I Intersection Control Policy by adoption of Resolution No. 6217(CCS) entitled: A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING STANDAROS FOR THE 7 February 24, 1981 199 200 INSTALLATION OF TRAFFIC CONTROL DEVISES", reading by title only and waiving further reading thereof, with the understanding that the warrant form used will more accurately reflect the special conditions of the location. Second by Councilmember Scott. Discussion was held. Mayor Pro Tempore Vannatta Goldway requested that the record indicate that auto~obile accident percentages are higher than crime statistics in the City so that It is important to move quickly on traffic control methods. (Mayor Pro Tempore Vannatta Goldway was excused at 10:36 P.M.) Following discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent Mayor Pro Tempore Vannatta Goldway 8-B: BARBED WIRE FENCES: Discussion returned to the matter of the ordinance presented prior to Item 8-0. Councilmember Reed moved to introduce an ordinance entitled: "AN I ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF ARTICLE i II I OF THE SANTA MONICA MUNICIPAL CODE TO RESTRICT FENCES MADE OF BARBED WIRE OR OTHER i HAZARDOUS MATERIALS", reading by title only and waiving further reading thereof, with the I addition that wooden stake or picket fences and pointed metal decorative fences are . exempted, that barbed wire is permitted above six feet in the manufacturing or (M) zones ! only, and an appropriate grandfather clause stating that property owners whose fences are not in compliance with this law have six months to come into campI iance excepting that electrical fences shall be immediately brought into compl lance within 30 days of adoption of the ordinance, the latter section to be included in the ordinance but be separate from the codification as recommended by the City Attorney. Second by Council- member Jennings. (Mayor Pro Tempore Vannatta Goldway entered at 10:23 P.M.). The motion was approved by the following vote Council Vote: Unanimously approved 6-0 10-A: Presented for consideration were majority and minority reports of the Seismic Safety Technical Committee regarding seismic safety and automatic fire sprinklers. The staff report was presented. The matter was opened for public participation. Dr. Leo Sario, member of the Seismic Safety Technical Committee, spoke regarding existing seismic regulations, the condition of bui ldings and seismic characteristics of the geographic area. Councilmember Scott moved to adopt a seismic safety code excluding structures constructed In Santa Monica that comply with or meet the standards included In the 1915 and 1921 Santa Monica Building Code. Second by Councilmember Reed. Discussion was held. With the consent of the second, Councilmember Scott included in the motion direction to the City Attorney to prepare such an ordinance for consideration at the Council meeting of March 10, 1981. The motion was approved by the following vote: Council Vote. Unanimously approved 6-0 Councilmember Jennings moved to establish a Fire Sprinkler Task Force composed of a representative of the Fire Department, the Buiidlng and Safety Commission and an affected property owner. Second by Councilmember Scott. The ~otion was approved by the following vote: Council Vote: Unanimously approved 6-0 8 February 24, 1981 . . . ~ . . . . At 11:00 P.M., Councilmember Jennings moved to continue discussion past 11 :00 P.M. Second by Councilmember Reed. The motion was approved by unanimous vote. II-A: CLOVER PARK ATHLETIC FIELD LIGHTING: Presented for consideration was a staff report requesting approval of retention of Frederick Brown Associates as electrical engineers for athletic field 1 ightlng at Clover Park. Discussion was held. Council- member Rhoden moved to approve the staff recommendation thereby awarding Contract No. 3630(CCS) to Frederick Brown Associates retaining that firm as electrical engineers for installation of athletic field lighting at Clover Park for an amount not to exceed $24,000, approving an appropriation of 524,000 for this purpose and approving the amended Environmental Impact Report. Second by Mayor Pro Tempore Vannatta GoTdway. The motion was approved by the following vote: Counc I 1 Vote: Unanimously approved 6-0 I I ll-B: QUALITY OF DRINKING WATER: Presented for consideration was a staff report I submitting a draft letter for mailing to residents regarding the quality of drinking ,"ater, pursuant to Counc i 1 discuss ions at the meetings of August 12, 1980, and I October 29, 1980. The subject was opened for public participation. Susan Sommer spoke; to request that the letter be sent with certain revisions. Discussion was held. Mayor I, Pro Tempore Vannatta Goldway moved to direct staff to send the proposed letter to residents and businesses regarding the qual ity of drinking water with the following I deletions: (1) delete the word "recent" in the first 1 ine, (2) delete on page I the I sentence that says the amount of TCE which reached consumers was less than 5ppb, etcetera~ (3) on page 2, de I ete the sentence "We bel i eve the THB problem is greater than the TCE I problem.", (4) delete on page 3 the phrase "it is ironic that", and (5) delete on page ' 3 the ,"ords "What the City can assure you is that ,"e ,"ill take every precaution to deliver the best ,"ater available" starting thesentence'"lth"The City Will continue to monitor and test the water...". Second by Councllmember Rhoden. Discussion was held regarding City Elections Code Section 12113 which precludes sending of a mass mail ing by City Councilor the administrative officer within 68 days prior to any election (forthcoming election to be held April 14, 1981). Councilmember Scott moved to table the matter. Second by Councilmember Reed. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Reed and Scott Nega t i ve' Councilmembers Vannatta Goldway, Jennings, Rhoden and Mayor Bambrick Following discussion, Mayor Pro Tempore Yannatta Goldway withdrew the motion, thanked the staff for submitting the letter and moved to urge them to forward a letter to our water users as discussed in the prior Council motion in August as soon as possible. Following discussion, the motion was approved by the following vote: Counci 1 Vote: Affirmative: Councilmembers Vannatta Goldway, Jennings, Rhoden and Mayor Bawbrick Negative' Counci lmember Scott ll-C and 11-0 were withdrawn at request of staff. 9 February 24, 1981 2J1 202 \1-E was considered later in the meeting. ll-F: 8US SERVICE HEARING: Presented was request from staff that Council set the date of a hearing regarding bus service. Councilmember Reed moved to establ ish March 24, 1981, as the date for a public hearing on bus service and improvement suggestions and that such hearing be noticed by having bus cards in the buses among other notices. Included in the motion was the request of Mayor Pro Tempore Vannatta Goldway that staff be as innovative and thorough as possible in providing public notice. Second by Mayor Pro Tempore Vannatta Goldway. The motion was approved by the following vote: Council Vote. Unanimously approved 6-0 12-A' FENCE HEIGHT VARIANCE: Presented for consideration was the request of George Kalmanson to address the Council regarding a fence height variance at 220 - 23rd Street 'and waiving of the fee Mr. Kalmanson presented his request. Councilmember Rhoden moved I to waive the fee for the variance application based on findings ot tne special circum- stances of rear alley in a residential lot and construction of a fence rather than a structure, however the variance process and staff review is required. Second by Mayor Pro Tempore Vannatta Goldway. Following discussion in regard to the variance process, Councilmember Rhoden withdrew the motion and Mr. Kalmanson was referred to staff for I nformat ion. (Councllmember Scott was excused at 12 midnight.) 12-8: JACKS ON THE PIER LEASE: Presented was the request of Keun H. Choi to address th Council regarding renewal of Jacks on the Pier lease. Mr. ChOI, representing Jacks on the Pier, requested extension of their lease. Councilmember Rhoden moved to request staff to return to CounCil with a ten-year lease for Jacks on the Pier similar to other such leases, further, staff to return with recommendations as to other types of percent- age increases that could be considered for lessees besides the CPI (Consumer Price Index) The motion failed for lack of a second. Mayor Pro Tempore Vannatta Goldway moved to direct staff to negotiate with Mr. Choi for a new long-term lease for Jacks on the Pier .tarting July 1st and return to Council with mutually agreeable terms. Second by Councllmember Rhoden. Councilmember Rhoden moved to hear members of the publ ic for three minutes each. Second by Mayor Pro Tempore Vannatta Goldway The motion was approved by unanimous vote. Walter Schwartz spoke in favor of the Pier paying for itself. (Councilmember Scott entered at 12'15 P.M.) Discussion was held. Councilmember Jennings moved a substitute motion to agendize for the first meeting in May 1981 a diSCUSSion regarding ways to deal with Pier lessees who do not have long-term leases as well as the question of a master lessee for the Pier. Included in the motion was the request of Councilmember Reed that staff report on existi g : lease conditions. Second by Councilmember Reed. DIscussion was held. The substitute : motion vias approved by the follm1ing vote: Counci 1 Vote Affirmative: Councilmembers Jennings, Reed, Scott and Mayor Bambrick Negative: Co~ncilmembers Vannatta Goldway and Rhoden 10 February 24, 1981 . . . . . . . . 11-E: CLOSED SESSION: At 12.41 A.M., Councilme~ber Reed moved to recess to Closed Session to discuss pending I itigation and to instruct City representatives concerning salaries, salary schedules or compensation paid in the form of fringe benefits. Second by Councilmember Jennings. The motion was approved by unanimous vote. Council reconvened at 1:19 A.M. with the following members present. Councilmembers Vannatta Go1dway, Jennings, Reed, Scott and Mayor BambrIck. Councilmember Reed moved to authorize non-progress payment on the invOIce of Attorney Richard Knickerbocker, staff to request clarification on some of the items bi1 led. Second by Councilmember JennIngs. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent. Counc,lmember Rhoden Councilmember Reed moved to authorize staff to partIcipate as amicus in the U. S. Supreme Court Fair Housing for Children Berkeley campaign contribution case; staff to report to Counc'l as to appurtenant costs. Second by Councilmember Jennings. The motion was approved by the following vote: Council Vote' Affirmative' Councilmembers Vannatta Goldway, Jennings, Reed and Mayor Bamb rick Negative: Councilmember Scott Absent: Councilmember Rhoden 13-1: FEDERAL AVIATION ADMINISTRATION COMMUNICATION: Presented for consideration was the request of Counci lmember Rhoden for discussion regarding a communication from the FAA to the Mayor regarding Airport tenancy termination notices. Councilmember Reed moved to direct staff to respond to the letter from the Federal Aviation Administration thanking them for their letter and forwarding to them a copy of the record of the action taken at the prevIous Council meeting with regard to the termination of Airport leases. Second by Mayor Pro Tempore Vannatta Goldway. The motion was approved by the fOllowing vote: CouncIl Vote: Unanimously approved 5-0 Absent: Counei lmember Rhoden l3-A THROUGH 13-H, 13-J, AND 13-K Were continued to March 10, 1981. ADJOURNMENT' At 1 :22 A.M., Councilmember Reed moved to adjourn in memory of Ralph McGuIre, manager of Fireside Market and known to many; Bertha Troeger, wife of the former Reverend Walter Troeger, pastor and founder of Pi 19rim Lutheran Church; Leoline K. Sommer, 92 years of age, a teacher at St. Monica's High School; and Ella Stewart, known to many of us, a long-time business woman in the community, and mother of Anna Priolo Cool. Second by Hayor Pro Tempore Vannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmember Rhoden ATT~T: I/o L/l,:' f, U..-fA ( .. ,{4-il<~t-L- Ann M. Shore City Clerk II APPROVED: .-~;' (,/1 r',~i ./'1~ ! . John j. ~a-:br i ck ( / Mayor February 24, 1981 \..J 203 204 . . . .