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M-4/14/1981 . . . . CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS AP"IL 14, 19B1 A regular meeting of the Santa Monica City Council was called to order at 7:35 P.M., Tuesday, April 14, 1981, by Mayor Bambrick who led the assemblage In the pledge of allegiance to the United States of America Mayor Bambrick introduced Reverend Steve Hutchison, Trinity Baptist Church, who offered the invocation. Roll Call' Present. Mayor John J. Bambrick Mayor Pro Tempore Ruth Yannatta Goldway Councilmember William H. Jennings Councilmember Christine E Reed Councilmember Cheryl Rhoden Councilmember Perry Scott City Manager Charles K. McClain Acting City Attorney Stephen Stark Catherine Schroeder, Secretary for Mayor and Council Acting as City Clerk PARKING AUTHORITY MEETING: The Council convened as the Parking Authority at 7:36 P.M. and adjourned the Porking Authority meeting at 7 40 P.M. REDEVELOPMENT AGENCY: The Council convened as the Redevelopment Agency at 7'40 P.M. and adjourned at 7 45 P.M. The Council meeting reconvened at 7;45 P.M. Councilmember Reed moved to add Agenda Items 6-v, 8-B, 9-A, and 13-E. Second by Councilmember Rhoden. The motion was approved by unanimous vote. 4-A: EMPLOYEE SERVICE PIN: Mayor Bambrick presented a service pin to Lupe Gomez, Equipment Operator, for 25 years of service to the City. 6 CONSENT CALENDAR: The Consent Calendar was presented for co~sideration, after which Councilme~ber Rhoden moved to approve the Consent Calendar with the exceptions of Agenda Items 6-A, 6-C, 6-F, 6-K and 6-M, adopting resolutions and ordinances therein, reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Counc 11 Vote Unanimously approved 6-0 6-A: APPROVAL OF MINUTES: Councilmember Reed moved to approve minutes of City Council meetings of March 18, 1981 and March 24, 1981, as written, and the minutes of March 25, 1981, corrected as follows' Page 4, Item 12-A, Include in the motion the "Jords "and in what amount" after the words "it "lOuld be possible' Apri 1 14, 1981 243 244 Second by Councilmember Rhoden. Th~ motion was approved by the following vote: Council Vote: Unanimously approved 6-0 6-B; REVOLVING CASH FUNDS: A request for reimbursement of the following Departmental Revolving Cash Funds: Administrative Services, $284.78; Transporattion, $131.57, Library, $295.35, Pol ice, #329.58; City Yards, $81.13; and Recreation and Parks, $88 46, I.as approved. 6-c, SEISMIC SAFETY ORDINANCE: Presented for adoption was an ordinance regarding seismic safety, introduced March 25, 1981. Discussion was held, as introduced by Councilmember Rhoden. Mayor Pro Tempore Yannatta Goldway moved to hear a member of the public for three minutes. Second by Councilmember Rhoden. The motion was approved by the following vote: Council Vote' Affirmative' Councilmembers Yannatta Goldway, Jennings, Rhoden and Mayor Bamb rick NegatIve' Councilmembers Reed and Scott Ben Schmid spoke to request consideratIon of further strengthening of bui Idings built prior to 1933. (Mayor Pro Tempore Yannatta Goldway departed at 7:53 PM.) Councilmember Scott movedto adopt Ordinance No. 1201(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 206 OF the 1979 UNIFORM ADMINISTRATIVE CODE TO INCLUDE SEISMIC SAFETY PROVISIONS", reading by title only and waiving further reading thereof. Second by Councilmember Reed. Following discussion, the motion was approved by the following vote' Counc,l Vote: Affirmative: Counci lmembers Jennings, Reed, Rhoden, Scott and Mayor Bambri ck Absent Mayor Pro Tempore Yannatta Goldway (Mayor Pro Tempore Yannatta Goldway entered at 7:59 P.M.) 6-D: REDEVELOPMENT AGENCY DESIGNEES. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING ORDINANCES NOS 889 AND 948, AND DECLARING THE CITY COUNCIL TO BE THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, VESTING ITSELF WITH ALL RIGHTS, POWERS, DUTIES, PRIVILEGES AND IMMUNITIES HERETOFORE VESTED IN THE AGENCY, AND DIVESTING THE PREDECESSOR REDEVELOPMENT AGENCY OF ALL RIGHTS, POWERS, DUTIES, PRIVILEGES AND IMMUNITIES HERETOFORE VESTED IN IT", designating City Treasurer and City Clerk as Treasurer and Secretary of the Redevelopment Agency, was adopted as Ordinance No. 1202(CCS) . 6-E: BARBED WIRE ORDINANCE' Ordinance No. l203(CCS) entitled. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF ARTICLE I I I OF THE SANTA MONICA MUNICIPAL CODE TO RESTRICT FENCES MADE OF BARBED WIRE OR OTHER HAZARDOUS MATERIALS", vias adopted restricting barbed wire and simIlar fences. 2 Ap r i 1 14, 1981 . . . . . . . . 6-F' DISPOSITION OF PUBL_I_C_RECORDS: Presented ,.as a resolution regarding disposition of inactive public records. Discussion was held, as introduced by Counci lmember Rhoden. Counc,lmerlber Rhoden moved to adopt Resolution No. 6236(CCS) entitled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONIC~ ~PPROVING AND AUTHORIZING THE DIRECTOR OF FINANCE OF THE CITY OF SANT~ MONICA TO DESTROY CERTAIN CITY ~[CORDS UNDER THEIR CHARGE. PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE OF CALIFORNIA", reading by title only and waiving further reading thereof. Seco~d by Mayor Pro Te~pore Yannatta Goldway. Discussion was held. With the consent of the second, Councilmember Rhoden included in the mation direction to the City Clerk to receive an I~formal assessment from one or two antique dealers In Santa Monica as to whether there is any value in these records in which case we might advertise for bids for those records whic~ have collectible value and which are not desired by the Museum Society, the City Clerk to report to the Council in this regard and delay disposition of the financial ledgers until that report has been made. The motiop and its addition was approved by the following vote' Council Vote: Unanimously approved 6-0 6-G: EMERGENCY TELEPHONE SYSTEM: Resolution No. 62>7 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SANTA MONICA POLICE DEPARTMENT TO ORDER EMERGENCY TELEPHONE EQUIP;1ENT ANO PARTICIPATE IN IMPLEMENTATION OF A STATEWIDE EMERGENCY TELEPHONE SYSTEM", vias adopted. 6-H: FIRE DEPARTMENT RADIO CONTROL CONSOLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PROCEDURES AND AUTHORIZING DIRECT NEGOTIATION ,.as adopted. Resolution No. 6238(CC5) entitled: "A SANTA MONICA WAIVING FURTHER FORMAL BID FOR PURCHASE OF RADIO CONTROL CONSOLE", 6-1 DIESEL ENGINES FOR TRANSPORTATION DEPARTMENT: Resolution No. 6239(CCS) entitled: "A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF TWO DETROIT DIESEL ENGINES", was adopted 6-J: STREET LIGHT I NG ON SUNS ET AVENUE: Reso I ut I on No. 6240 (CCS) en tit 1 ed: "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING AND APPR~VING SPECIAL PROVISIONS NO. 941 AND DRAWING NO. 5357", was adopted approving plans a~d specifications for street lighting OP Sunset Avenue from Seventeenth Street to Dewey Street. 6-K. FINAL TRACT MAP NO. 36801: Presented for consideration was a resolution approving Final Tract Map No. 36801 submitted by Show-Liang Tsu, Chang-Huan Hsueh and Charles C. Hou for a 12-un,t new condominium at 812-818 Sixteenth Street. Councilmember Reed moved to adopt Resolution No. 6241(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 36801", reading by titie only and waiving further reading thereof. Second by Councilmember Scott Mayor Pro Tempore Yannatta Goldway requested that the record reflect that she is voting against the motion because it is in confl ict with the HOUSing Element, does not conform to what she thinks are appropriate conditions for low and mcderate income housing, and, in addition, in her belief t~at the City has been grossly in Violation of the State tract map law In allowing construction to begin before final tract maps and that all these buildings under construction probably should be coming ;n for conversion permits, not new tract permits, because they have already started construction. The motion was approved by the follOWing vote: Apri 1 l~, 1981 24-5 246 Council Vote: AffirmatIve: Councilmembers Jennings, Reed, Scott and Mayor Bambric Negative: Councilmembers Yannatta Goldway and Rhoden 6-L: FINAL TRACT MAP NO. 36802: Presented for consideration was a resolution approving Final Tract Map No. 36802 submitted by Charles C. Hou for a 5-unit new condominium at 2325 Twentieth Street. Councilmember Reed moved to adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 36802", reading by title only and waIving further readIng thereof. Second by Councilmember Scott. Discussion was held, including participation by Charles Hou, developer, who spoke to request approval. Councilmember Rhoden requested the record to indicate that she is voting against this Totlon because it was part of the demolition derby that occurred prIor to enactment of rent control, the building permit has expired, the Counci 1 has stated in the past the concern that paper transactions are facilitated when no construction occurs, and in view of the absence of inclusionary housing or some in-lieu fee, further that this is consistent with her objection to the City's pol icy In this regard. The motion to approve the map failed by the following vote: Council Vote' Affirmative: Councilmembers Reed, Scott and Mayor Bambrick Negative: Councilmembers Vannatta Goldway, Jennings and !Rhoden 6-M ELECTRIC MOTORS FOR WATER DIVISION: A recommendation to award Bid No. 1598 to McCalla Brothers for two electric motors for Water Division, in total amount of $13,37720, was approved. 6-N AUTOMOTIVE ELECTRICAL COMPONENTS: A recommendation to award Bid No. 1599 to George Ozawa for repair of automotive electrical components for the MechanIcal Maintenance Department in total amount of $13,000, was approved. 6-0 FIRE HYDRANTS: A recommendation to award Bid No. 1597 to James Jones Co. for fire hydrants fow Water Division In total amounts of $25,732.82, was approved. 6-p, SENIOR CITIZENS COMMUNITY ROOM, 1500 OCEAN AVENUE: Contract No. 3638(CCS) was awarded to Miano Construction for the construction of a Senior Citizens' Community Room at 1500 Ocean Avenue, in the amount of $~39.860 plus $15,140 for contingency and appropriation of $90,000 from unappropriated Recreation Unit Tax Fund. 6-Q: MARINE STREET WATER MAIN: A recommendation to appropriate 5400,000 from the General Fund Reserve for Capital Improveemnts for constructIon of the Marine Street water main, authorization for staff to obtain bids for same, and that the Water Fund return the principal and maximum legal interest In the next fiscal year, was approved. 6-R: CIVIC AUDITORIUM LOBBY DESIGN: A reco~endation for approval of the design concept for expansion of the Civic AudItorium lobby, subject to approval by the Architectural Review Board, and authorization for staff to prepare a Request for Proposals and 501 icit bids for construction was approved. 6-s: BEQUEST OF LAURA B. BILLERBECK FOR BEAUTIFICATION OF PALISADES PARK: A 4 April 14, 1981 . . . . . . . . recommendation for acceptance of the bequest from the estate of Laura B. Bil1erbeck and agreement to use t~e money for beautification of Palisades Park, was approved 6-T: SETTLEMENT OF CLAIM: A recommendatior for settlement of Case No. C 55608, Nick Stl~y v. CIty, In total a~ount of $5,194.51, was approved. 6-U: SETTLEMENT OF CLAIM: A recommendation for settlement agreement of Case No. W:::C 42342, Jorge Zahlef' w. Cf.ty,- In the amount of 535,000, ,.,as approved. 6-v: EI~ERGENCY RFPr:IR OF MAIN WATER LINE: Recommendation for appropriation of $6,200 for emergency repair of maIn' water line to City Hall, was approved. 8-A: PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT REGARDING FIREFIGHTERS: Presented for introduction was an ordinance amending the City's contract with PERS (Publ ic Employees Retirement System) in compliance with terms of the Memorandum of Understanding with Firefighters Local 1109 IAFF, ?esolution of IntentIon No. 6234(CCS) havIng been adopted at the meeting of March 25, 1981. The publ ic hearing was opened at 8:11 P.M. There being nO one wishlnq to speak on the subject, Councilmember Rhoden moved to close the public hearing at 8:11 p.M. Second by Councilmember Reed. The ~otlon was aporoved by unanImous vote. Councilmember Reed moved to introduce an ordinance entitled' "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTrlORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM", reading by title only and waiving further reading thereof. Second by Councilmember Rhoden The motion was approved by the fol lowing vote: Council Vote: Unanimously approved 6-0 8-B AND 9-A. RENT CONTROL BOARD REGULATION FEES AND 1980-81 FISCAL YEAR BuDGET' Presented fcr consideration was an emergency ordinance approving Rent Control Board regulation fees for the purpose of financing reasonable and necessary 1980-81 expenses of the Rent Control Board and a resolution adopting the 1980-81 budget for the Rent Control Board and administration. The staff report was presented, referencing the CIty Attorney's opinion of April 9, 1981, which concluded among other things, that Co~ncil could not delegate its author;ty over appropriation of funds to the Rent Control Board. Councilmember Rhoden moved to continue Items 8-B and 9-A to the second meeting in April (April 28, 1981). Discussion was held. The motion to continue fal led by the follOWIng vote. Counci 1 Vote: Affir~atlve: Counci lmembers Yannatta Goldway, Jennings and Rhoden Negative: Counci lmembers Reed, Scott and Mayor BambrIck Councllmember Scott ~oved to introduce and adopt Emergency Ordinance No. 1204(CCS) entitled: "I\N EMERGENCY ORDINANCE OF THE CITY COuNCIL OF THE CITY OF SANTA ~iONICA APPROPRIATING 51,622,011 FOR THE REASONABLE AND NECESSARY EXPENSES OF ThE RENT CONTROL BOARD AND ADMINISTRATION", reading by title only and waiving further reading thereof. Second by Councllmember Reed. The public hearing was opened at 8:19 P.M. K. B. Huff and Wllho Miller requested analysis of rent control administration funds and expenses before a1 location of funds. There being no one else wishing to speak on the matter, COlJncil~ember Rhoden moved to close the public hearing at 8:30 P.M. Second by Council- member Reed. The motion was approved by unanimous vote. ~iscussion was held. Council- member Rhoden requested the record reflect that she is voting in favor of the motion, however, under no circumstances does she believe the City Attorney's opinion is correct 5 Apri 1 14, 1981 247 248 relative to this Item, that she is voting for it only to facll itate this interIm period of time until either the new Council accepts or obtains another decIsion. Mayor Pro Tempore Yannatta Goldway requested that the record reflect she will vote for the action under protest but in no way does it reflect approval of the City Attorney's opinion, the former City Attorney had an opposite legal opinion; further, the Issue before the Council tonight is not the modification of Ordinance No. 1153(CCS) regarding Rent Control Charter implementation nor any of the procedures defined therein, but is simply a question of how the money flows; the Rent Control Board will continue to operate In exactly the Same way It has operated until the Council chooses to get rid of this opinion or to impose this opinion and begins to redraft Ordinance No. 1153(CCS) and change the procedures under which the Rent Control Board operates. The motion to Introduce and adopt the ordinance was approved by the following vote: . Council Vote: Unanimously approved 6-0 Councllmember Scott moved to adopt Resolution No. 6242(CC5) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE 198D-81 BUDGET FOR THE RENT CONTROL BOARD AND ADMINISTRATION", readIng by title only and waiving further readin thereof. Second by Councilmember Reed. The motion was approved by the followIng vote: Counci I Vote: Unanimously approved 6-0 9-B: LEGAL RESEARCH DATA BANK SYSTEM: Presented was a resolution waiving the formal bid procedure and authorizing lease of a Lexis legal research data bank system from Mead Data Central. The staff report was presented. Councilmember Rhoden moved to adopt a resolution entitled. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BIO PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR LEASE OF A LEGAL RESEARCH DATA BANK SYSTEM", reading by title only and waivIng further reading thereof. Second by Mayor Pro Tempore Yannatta Goldway. Ralph Pierson, regIonal marketing manager for Mead Data Central who markets the Lexis system, . described thel. servIce. Following discussIon, Councilmember Rhoden withdrew the original motion and moved to refer the matter to staff for a further report and Incorpo- ration of any expenditure requests in the budget adoption process. Second by Council- member Reed. The motion was approved by the following vote' Counci 1 Vote Unanimously approved 6-0 10-A: METROPOLITAN COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD: Presented was the recommendation of the LIbrary Board regarding appointment of delegates to the MCLS Advisory Board. Coune; lmember Reed moved to approve the appointment of alternate member Phil ip Kaufman for a term expirIng January 1, 1982, and appointment of PatriCia Armacost to continue in her role as a regular delegate to the Metropolitan Cooperative Library System Advisory Board for a term expiring January 1, 1983. Second by Mayor Pro Tempore Yannatta Goldway. Discussion was held, as introduced by Mayor BambrIck. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 10-B' DEVELOPMENT STANDARDS IN THE C3 COMMERCIAL DISTRICT' Presented for conSIderation was a recommendation of the Planning Commission that the City Attorney be directed to prepare an ordiannce regarding development standards in the C3 Commercial District. 6 April 14, 1981 . . . . . . Mayor Pro Tempore Vannatta Goldway moved to direct the City Attorney to prepare an ordinance as recommended by the Planning Commission providing for development standards for the C3 Commercial District. Second by Councilmember Reed. The motion was approved by the follOWing vote: Council Vote Affirmative: Counci lmembers Vannatta Goldway, Jennings, Reed, Rhoden and Mayor Bambrick Negative: Counc, Imember Scott 10-C. ENERGY TASK FORCE RECOMMENDATIONS: Presented for consideration was a report regarding recommendations developed by the Energy Task Force on a proposed energy code. Councl Imember Rhoden moved to forward the report and the proposed energy code to the Planning Commission for review. Second by Mayor Pro Tempore Vannatta Goldway. With the consent of the second, Councilmember Rhoden included in the motion the suggestion of Councilmember Reed that thiS report be forwarded to the Rent Control Board for their review of those p~rts of these proposals which would require retrofitting of multiply housing. The motion was approved by the following vote' Council Vote: Unanimously aporoved 6-0 During discussion, Counci Imember Rhoden referred to areas which the Task Force dId not have an opportunity for adequate review and requested bringing to the attention of the Planning CommIssion the matter of setbacks and commercial areas adjacent to residential uses which are pertinent to their review. Member of the public Alison D. S. l. Arnold requested that there be contained in the Code fireproofing standards in the insulation requirements and that clotheslines be accessible. ll-~: WATER WEll DRilliNG: Presented for consideration was a recommendation for approval of a comoromise agr~ement to resolve the dispute with Beylick Drill ing Company regarding water wells which do not conform to contract specifications. The staff report was presented. Councilmember Reed moved to approve the staff recommendation thereby authorizing execution of the compromise agreement and guarantee with Beyl ick Dril ling Company regarding Charnock Water Wel Is #16 and #17 which do not conform to contract specifications. Second by Councllmember Scott. DiSCUSSion was held, as Introduced by Mayor Pro Tempore Vannatta Goldway. Councilmember Reed WIthdrew the motion. Mayor Pro Tempore Vannatta Goldway moved to continue the matter to the next Counc i I meet I ng (Apr i I 28. 1981) and reques t the City Attorney to report to Counc i 1 regarding the City's liability in case this company goes bankrupt or is sold, provisions for inflation, and legal parameters in terms of the definition used for damages SO that Council is satisfied that the City IS really protected in this matter. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote. Unani~ously approved 6-0 II-B AND 13-0: FUND BALANCES AND TRANSFERS: Presented for consideration was a report from Peat, Ma0~lck and Mitchell, auditing firm, regarding fund balances and the request of Councilmember Scott for discussion of his reDort regarding Fund Transfers from Capital Improvement Reserves to General Fund Unappropriated Surplus. Following discussion, Councilmember Scott moved that Counci I appropriate $1,500,000 from the Reserve for Capital Improvements to support the General Fund Budget. Second by Councl 1- 7 Ap r i 1 14, 1981 249 250 member Rhoden. Discussion was held. Councilmember Scott's motion failed by the following vote: Council Vote: Affirmative: Councllmembers Rhoden, Scott and Mayor Bambrick Negative. Councllmembers Jennings and Reed Abstain: Mayor Pro Tempore Yannatta Goldway Mayor Pro Tempore Yannatta Goldway moved to request staff to return to Council with information on the impact on the City's Gann l,mit if the funds are appropriated as Councilmember Scott suggests. Second by Councilmember Reed. The motion was approved by the fol lowing vote: Council Vote' Unanimously approved 6-0 II-C. COLORADO STREET SEWER FLOW: Presented for consideration was a staff report on . existing flows ,nto the Colorado Street sewer. Discussion was held. Councilmember Rhoden moved to direct staff to go back to the identified major users of the Colorado Street sewer 1 ine and ask what their voluntary action is going to be to change the peak use of the sewer before we consider an involuntary action directed by ordinance, thereby giving them an opportunity to come up with a plan that will work for their own particula oepration. Second by Councl lmember Reed. DIScussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 11-D: CLOSED SESSION: Considered at adjournment and continued to April 21, 1981. 12-A: CARDIO PULMONARY RESUSCITATION PROGRAM' Presented was the request of Dr. C. Gordon Frank to address the Council regarding support of a program to train citizens to perform card,o-pulmonary resuscitation. Dr. Frank, representing the Bay District of the Los Angeles County Medical Association, spoke to request moral support of the described training program. Councilmember Reed moved to hear a member of the publ ic. Second by Councilmember Rhoden. The motion was approved by unanimous vote. Dr. Marshall Morgan spoke In support of the request. Counci lmember Scott moved to indicate moral support of the program and authorize the Mayor to attest to a resolution or send a letter in support of a program to train citizens to perform cardio-pulmonary resuscitation. Second by Councilmember Reed. The motion was approved by the following vote: CounCil Vote' Unanimously approved 6-0 12-B: FINAL TRACT MAP NO. 35408: Considered after Item 13-E. 12-C: SANTA MONICA SHORES: Considered after Item 13-E. 12-0: ASSESSMENT OF COUNCILMEMBERS SERVICE: Presented was the request of Michael Tarbet to address the Council regarding their service during term of office. Mr. M,chae Tarbet said that the Counci 1 has done a very good Job in involving community participa- tion in the largest pOSSible way and he commented on ,ndividual Councllmembers service 8 April 14, 1981 . . -. . . . . . 12-E: VE~DDRS ON THE BEACH AND PIER: Presented was the request of Nancy Lindsey of Nancy's Refreshments to address the~ouncil regarding unauthorized vEn~ors on the waterfront portion of the beaches north of Santa Monica Pier. It was aetermined that Ms. Lindsey was not present. Discussion was held. Co~ncllmember Reed moved to receive and file the petition received from Nancy Lindsey regarding unauthorized vendors on the beach and to authorize the City Manager and/or the May to communicate witn Ms. Lindsey and forward the ~emorandum dated April 8, 1981, from the Chief of Pol ice indicating actions he Intends to take. Second by Councilmember Scott Following discussion, the motion was approved by the following vote Council Vote: UnanImously approved 6-0 13-A: FOURTH STREET UNDERPASS MURAL: Presented for consideration was the request of Councllmember Reed for discussion regarding the Fourth Street Underpass Mural. Council- member Reed referred to sol icitatlon from Jane Golden ta a selected mal ling list IndicatIng that for stipulated amounts of money people could have their names on a bronze plaque at the mural site Councilmember Reed moved to request staff to investi- gate the City's contract with Ms. Golden and report in regard to any apDropriate information about that contractural arrangement, further that the matter be agendlzed sometl~e befo,e budget meetings. Second by Councl lmember Scott The motIon was approved by the following vote Council Vote: Unanimously approved 6-0 13-B: SANTA MONICA SYMPHONY: Presented for conSideration was the request of Councll- ~ember Reed for a resolution honoring retirement of Victor Bay as Musical Director and Conductor of the Santa M0nica Symphony Councilmember Reed moved to authorize that a resolution be drafted by the City Attorney to be presented to Victor Bay at the final concert whlch he will be conducting In May commending him for his servlce to the Clty and extending our best wishes to him in letirement. Second by Counci lme~ber Jennings. The motion was approved by the following vote: Council Vote' Unanimously approved 6-0 Councilmember Reed moved to request that staff contact the Santa Monica Symphony Association and report to Council and the publ ic what the selection process will be for a new symphony director; further that we communicate to the Association that in their search for a new director that it IS our great interest, as one of the primary funding sources of thiS operation, that Santa Monica reSIdents be given priorIty Insofar as pOSSible for membership in the Symphony. Second by Councilmember Rhoden. fhe motion was approved by the following vote: Councl I Vote" Unanimously approved 6-0 13-C: REDEVELOPMENT AGENCY/SANTA MONICA PLACE AGREEMENT: Presented was the request of Councilmember Scott for discussion regarding the agreement between the Redevelopment Agency and Santa Monica Place. Councilmember Scott said discussion was not necessdry in view of the communication from Robinsons at Santa Monica Place transmitting, under protest, a check in the amount of $94,338.30. 13-0 FUND TRANSFERS: ConSidered earlier in the meetIng with Item 11-3. 13-E" UTILITY POWER PLANTS: Presented was the request of Mayor Bambrick for diSCUSSion of a resolution supporting legislation which would remove restrictions and prohibitions on the use of natural gas in util ity power plants. Mayor Bambrick introduced discussion 9 Apri 1 ]11, 1981 251 252 Councllmember Reed moved to continue the matter and ask Tom Ivey of Southern California Edison Company to be present at the next regular Council meeting (April 28, 1981) to address this matter. Second by Councilm~mber Jennings. With the consent of the second, Councllmember Reed included in the motion the suggestion of Councllmember Rhoden that CounCil staff call the Cal ifornla Energy Commission and ask them if they have a position and/or any background information Council could uti lize The motion and its addition was approved by the follOWing vote' Council Vote' Unanimously approved 6-0 12-B. FINAL TRACT MAP NO. 35408: Presented for consideration was the request of Virginal Moore to address the Counci 1 regarding Final Tract Map No. 35408, a condominium conversion located at 2224 Oak Street. Virgina Moore, applicant, and Lowe I 1 Wedemeyer, attorney, spoke to request approval of the map. Discussion was held. (Councilmember Jennings departed at 10:20 P.M.). Councilmember Reed moved to adopt a resolution approving Final Tract Map No. 35408. Second by Councl lmember Scott. Councilmember Rhoden requested the record to reflect that she is voting against this motion in the absence of a formal staff report tel ling what the circumstances are which is the procedure the City should util ize in approving these types of documents. Mayor Pro Tempore Vannatta Goldway requested the record to reflect that she is voting against the motion for the same reason, that more staff information is needed. The motion fai led by the following vote' Council Vote. Affirmative' Councilmembers Reed, Scott and Mayor Bambrick Negative: Councllmembers Vannatta Goldway and Rhoden Absent: Counci lmember Jennings Councllmember Rhoden moved to request the matter be re-agendized for the next Council me t- 'nq \'ilth a staff report regarding the legal status, the building permit, the tentative tract map and whatever is necessary. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote Unanimously approved 5-0 Absent Councilmember Jennings 12-C: SANTA MONICA SHORES: Presented was the request of Russell F. Priebe to address the Council regarding Santa Monica Shores. It was determined that Mr. Priebe was not present and no ~ction was taken. ll-D AND 13-F: CLOSED SESSION AND ADJOURNMENT: At 10.46 P.M. Councllmember Rhoden moved, second by Mayor Pro Tempore Vannatta Goldway, to adjourn to April 21, 1981, at ~P.M. for the purpose of seating new Councilmembers, a Rent Control Board member and School/College Board members, and, if necessary a closed session to discuss pending litigation, that adjournment on behalf of Mayor Bambrick, be in memory of Clyde H. Brown, former pol ice officer to the City; Albert E. Shirk, a long-time resident of the City, Dick Newton, a long-time resident of Santa Monica, and Bill Sears, a long- time resident of the City. The motion was approved by the following vote: Council Vote' Unanimously approved 5-0 Absent: Counci lmember Jennings Ars-T / ' ,",." '-:Y}r,;/j;/J/-' L{/v-/, j /"'V7-~ 'rC_ , Ann M. Shore City Clerk l)APP_ROV([D 1 / /' . -Ut J.IJ~ John J. ambrick /Jrf:L Ij A,d I 14. 1981 I / ./ 10 . . . .