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M-3/25/1981 . . CITY OF SANTA MONICA CITY SOUNCIL PROCEEDINGS MARCH 25, 19l)1 A meeting of t~e Santa Monica City Council was called to order ~y Mayor Bambrick at 7'30 P.M. on Wednesday, March 25, 1981, having been contlrued from March 21, 19E1. Roll Call: Present: Mayor John J. Bambrick Mayor Pro Tempore Ruth Yannatta Goldway Council~e~ber Wi II iam H. Jennings Council~e~ber ChrIstIne E. Reed Councilmember Cheryl Rhoden Councilmember Perry Scott City Manager C~arles K. McClain Acting City ~ttorney Stephen Stark City Clerk Ann M. Shore 6-c: PU~LIC EMPLOYEES RETIREKE~T SYSTEM: presented for consIderatIon was a resolution of intention regarding an amendment to t~e contract with the Public Employees Retirement System (PEPS) in compliance WIth the Firefighters Memorandum of Understanding. Dis- cusSIon was held, as introduced by Counci lmember Scott. Councilmember Reed moved to adopt Resolution No. 6234(CCS) entitled "RESOLUTION OF INTENTICN TO APPROVE AN AMEN)ME~T TO CONTRACT BETWEEN THE BOAR~ ~F ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SANTA MONICN', reading by title only and waiving further reading thereof, further to Instruct the City Attorney to prepare the 'lece,sa rv ord I narce. Second by Mayor Pro Tempore Yan'latta 130 I d.'ay. The mot i on '~as approved ~y the follOWing vote: CouncIl Vote Affirmative: Council~e~bers Yannatta Goldway, Jennings, Reed, Rhoden and Mayor Bambrick Negative: Councllmember Scott 6-v: BEVERAGE SERVICE AT CIVIC AUDITORIUM: Presented for consideration was a recommenda-I tiar to d~prove extension of the trial ~eriod for alcoholIc beverage service at the Civic; iAudltoriu~. Discussion was held, as introduced by Councllmember Qhoden. Councilme~ber :Rhoden moved to approve an extended trial period for one year for alcohol ic bevera~e :service at the Civic Auditorium and to direct the City Attorney and City Manager to re- :vie", the best means of protecting the city; returning to the Council if additional direc- ition is required. Second by Mayor Pro Tempore Yannatta Goldway. The ~otion was ~pproved IbY t~e following vote: Council Vote: Affirmative: Counc.lmembers Yannatta GoldN2Y, Jennings, Rhoden, Scott and Mayor Bambrick NegatIve: Counci lr.lember Reed 7-~: R~PAIR DA~AGED SIDEWALKS, DRIVEWAYS AN9 CURBS: Presented for ~onsideration was a . public hearing on assessrnents of costs to repair damaged side'~21ks, drive~'ays and curbs . March 25, 1981 237 238 (SR-80-15). The proof of mailing was ordered filed by Mayor Bambrick. The staff report was presented. The hearing was opened at 7:46 P.M. No one being present wishing to speak on the subject, Councilmember Reed moved to close the hearing at 7:47 P.M. Second by Mayor Pro Tempore Yannatta Goldway. The motion was approved by unanimous vote. Mayor Pro Tempore Yannatta Goldway moved to acknowledge the protests and to adopt Reso- . lution No. 6235(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-8o-1S)", reading by title only and waiVing further reading thereof, amended to reduce the assessment 1 isted for W. & J. Steele, 323 Tenth Street, from $864 to $432. Second by Councilmember Jennings. The motion was approved by the following vote: Counci 1 Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Reed, Scott and Mayor Bambrick. Negative: Councllmember Rhoden. Councilmember Rhoden requested that the record reflect her vote against the motion be- cause she felt the City should assume all the costs. 8-B. REDEVELOPMENT AGENCY: Presented was an ordinance for Introduction designating the City Treasurer and City Clerk as Treasurer and Secretary of the Redevelopment Agency. Counci1member Scott moved to introduce an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING ORDINANCES NOS. 889 AND 938, 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 IMI\l!NITIES HERETOFORE VESTED IN IT", reading by title only and waiving further reading thereof, designating the City Treasurer as Treasurer and the . City Clerk as Secretary of t~e ~edevelopment Agency. Second by Mayor Pro Tempore Yannatta Goldway. The hearing was opened at 9:50 P.M. There being no one present wishing to speak on the subject, Councllmember Rhoden moved to close the hearing at 9 51 P.M. Second by Mayor Pro Tempore Yannatta Goldway. The motion to close the hearing was approved by unanimous vote. Councilmember Scott's motion to Introduce the ordinance was approved by the following vote. Council Vote' Unanimously approved 6-0 8-c: BARBED WIRE FENCES: Presented was an ordinance for adoption restricting barbed wire and simi lar fences, introduced ~'arch 10, 1981 Discussion was held. Counci lmember ; Reed moved to adopt for re-introduction an ordinance 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", reading by title only and waiving further reading thereof, revised to indi- cate that the Zoning Officer and the Planning Commission be the two levels of review and appeal for a hardship exemption. Second by Councilmember Rhoden. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 10-A: RESIDENTIAL USES IN C2 AND C4 DISTRICTS: Presented for consideration was a report of the Planning CommiSSion that residential uses be permitted above the first floor in C2 and C4 Commercial Districts. Discussion was held. Mayor Pro Tempore Yannatta Goldway . 2 March 25, 1981 . . . . . moved to accep~the Planning Commission's recommendation and airect the City Attorney to prepare the required ordinance amending the C2 and c4 districts to allow resIdential uses over the first floor. Second by Councilmember Rhoden. After further additional dIscussion, the motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Yannatta Goldway, Jenning, Reed, Rhoden Negative; Councilmember Scott and Mayor Bambrick 10-B: EMPLOYEE APPLlCATIOtIS: Presented for consideration was a recommendation of the Personnel Board to adopt an ordinance regarding falsifIcation of employee applications. The staff report was presented. Discussion was held. Councilmember Jennings moved to instruct the City Attorney to review the applicable ordinances of the City, and If necessary, return with draft ordinances to provide that the Personnel Board will review the employment of persons who have a criminal record Involving ~oral turpitude from before they became a City employee, even if they are already employed by the City, which Would put them on the Same footing as new appl icants Second by Councilmember Reed. Discussion was held. Mayor Pro Tempore Vannatta Goldway moved a substitute motion to refer thiS matter to staff and ask the City Attorney and Personnel Director to look into the ways to equitably and efficiently treat people who falsify their applications for any reason and who are found out after they are employed in a manner that meets the liability concerns of the city; further to dIrect the Personnel Department to immedlatel change the language on its application forms to be somewhat more positive about crIminal records to encourage as much full disclosure as possible. Second by Councilmember Reed. Councilmember Scott moved to table the matter. The motion faIled for lack of a second. Mayor Pro Tempore Yan~atta Goldway's substitute motion was approved by the following vote: Council Vote: Affl rmative: Councllmembers Vannatta Goldway, JennIngs, Reed, Rhoden and Mayor Bambrick Negative: Counci Imember Scott 10-C AND II-D. AIRPORT LAND: Presented for consideration WaS the recommendation of the Airport CommiSSion regarding development standards and a staff report recommendIng approval of a Request for Proposal for leasing of City-owned land near the Airport for development compatible with adjacent existing Barclay-Curci Business Park. Council- member Scott moved that the matter be deferred until staff has prepared and returned to Counci I the specifiC lease document to be included With and as a part of the Request for Proposal. Second by Councllmember Reed. Discussion was held. With the consent of the second, Counc;lmember Scott included In the motion the extensIon of Cent;nela Avenue on the map. Further discussion was held. Member of the public, JIm Sharp, spo~e In regard to heIght limitations near airport uses the feasibIlity of developing this property and the need for a Master Plan for the development of the total property. Councilmember Scott's motion to defer the matter pending a specific lease document was approved by the following vote' Counc, I Vote: Affirmative. Councilmembers JennIngs, Reed, Scott and Mayor Bambri Negative: Councilmembers Vannatta Goldway and Rhoden 3 March 25, 1981 239 240 'II-A: FINANCIAL STATEMENTS: Presented for consideration was a report regarding Fund Transfers from Capital Improvement Reserves to General Fund Unappropriated Surplus as requested by Councilmember Scott at the meeting of March 11, 1981. The staff report was presented. Discussion was held. Councl1member Scott moved to submit to Peat, Marwick & Mitchell accounting firm Exhibits A and B attached to the report from the Director of Finance dated March 3,1981 regarding the January Monthly Financial Statement and ask them to compute for us the fund balances in the general fund, the special revenue funds and the enterprise funds as of January 31, 1981, and report to the City Council. Second by Councilmember Rhoden. Following discussion, Councilmember Jennin~s imoved an amendment that the cost of the review by the accounting firm be no more than 1$200. Second by Councilmember Reed. With the consent of the second, Counci lmember ,Scott included the amendment in the original motion. The motion and its addition was lapproved by the following vote: Council Vote Affirmative: Counci1members Vannatta Goldway, Jennings, Rhoden, Scott and Mayor Bambrick Negative: Counci1member Reed II-E. COLORADO STREET SEWER: Presented for consideration was a staff report recommending approval of the preliminary design of a relief sewer for Colorado Street sewer. Council- I member Reed moved to approve the staff recommendation approving the design of the-new-- I relief sewer and authorizing the preparation of final plans for the Colorado Street ' sewer. Second by Councilmember Jennings. Discussion was held. The motion was approved : by the following vote' I I Council Vote: Unanimously approved 6-0 . 12-A: PARKING TAX REFUND: Presented for consideration was the request of Gloria Il,escu . to address the Council regarding the loss of business due to the addition to the Parking Structure on Second Street. Gloria II iescu spoke to request a refund In parking tax due to loss of business during construction of the parking structure addition for the We1k building. Discussion was held. Mayor Pro Tempore Vannatta Goldway moved to Indicate to the City Attorney our concern and interest In some sort of adjustment and ask for a report as to whether it would be possible. Second by Councilmember Rhoden. After discussion, the motion failed by the fol lowing vote: CounCil Vote: Affirmative: Counci lmembers Vannatta Goldway, Jennings and Rhoden Negative' Counclimembers Reed, Scott and Mayor Bambrick 13-A: COMMISSION ON OLDER AMERICANS: Presented was the matter of an appointment to the Commission on Older Americans. Mayor Bambrick opened nominations. Mayor Pro Tempore Vannatta Goldway nominated Tima Tomash. Mayor Bambrick nominated Florence E. Cardine. The vote on the nominations was as fol lows: Tima Tomash Councl1members Vannatta Goldway, Jennings, and Rhoden Florence E. Cardine: Councll~embers Reed,Scott and Mayor Bambrick 4 March 25, 1981 . . . . . . The appointment was not made for lack of a ~ajorlty vote. nomInations. Councilmember Rhoden nominated Tima Tomash. Florence E. Cardine. Mayor Bambrick re-opened Mayor Bambrick nominated Tlma Tomash Councilmembers Yannatta Goldway, Jennings and Rhoden Florence E. Cardine: Counci1members Reed, Scott and Mayor Bambrick The appointment was not made for lack of a majority vote. Councllmember Reed moved to continue this item to the second meeting in April. Second by Counci lmember Rhoden. The motion was approved by the following vote. Council Vote: Unanimously approved 6-0 13-B. USE OF COUNCIL CHAMBER: Presented for consideration was the request of Mayor Pro Tempore Yannatta Goldway for discussion regarding the use of the Counc, I Chamber on May 1, 1981 at 6:00 P.M. by Santa Monica Bay District Bar Association. Christopher Harding, member, Board of Trustees, Santa Monica Bay District Bar Association requested permission to use the Council Chambers for the purpose of conducting a forum among lawyers, open to the general publ ic, on the general tOpiC of the Santa Monica rent control law. Councilmember Rhoden moved to grant the request of the Santa Monica Bay District Bar Association to use the Council Chambers on May 1, 1981 at 6:00 P.M. Second by Councl1member Reed. The motion was approved by the fo1 lowing vote' Council Vote: Unaninously approved 6-0 Councllmember Reed moved to direct the City Attorney to prepare an amendment to Resolu- tion No. SOIS{CCS) (which address the use of the Council Chamber) to indicate that governmental agencies, including boards and commissions of the State and Federal government and the City who wish to use the Counci I Chambers and pay the fee of $100 may do so within the bounds of our own needs, and without our specific permission, other non-governmental organizations, groups and agencies who wish to rent the Chambers should get permission to do so; once having received permission, an organization could be on an approved list so they wouldn't have to return each time. Second by Mayor Pro Tempore Yannatta Goldway. Following discussion, and with the consent of the second, Counci lmember Reed removed froM the mQtion tile phrase regarding i>~DrOVec i IStS. Counci lnsm:-er ll.hcden moved an amendment to request staff to revie,,' the clOa fee for use of the Counc i 1 ChaC,lbers and report du ring the cou rse of budget de 11 bera t i on In reg a rd to t:,e s:..:fflciency or [he fee. 1!1th ti,e consent of the second~ Counc'~mem~er Peed incorpora~ed in her mO~lon that tile staff review the $100 charge and report to t~e Counc lion the cha rges, The mot ion was approved by the fo 11 owi ns vote: Council Vote' Unanimously approved 6-0 13-C: UT! LITY RilTE INCR~ASE: Presented vias the request of Counci lmember Reec for discussion regarding the establ ishment of a pol ICY that no utll ity bills with increased rates be mailed Without an explanation of the reason for the rate increase. Discussion was held, as introduced by Councllmember Reed. Counei lmember Reed moved 5 March 25, 1981 241 242 to establish a pol icy that no water b, lIs, sewer service bills or trash collection bills go out unless they are accompanied by a notice explaining In plain Engl ish when the rates were increased and for what reason, further that such notification procedure be Instituted immediately with regard to the most recent water bill increase. Second by Councllmember Rhoden. Discussion was held. The motion was approved by the fol lowing vote Council Vote: Unanimously approved 6-0 13-D: AIRPORT TENANT RELOCATION ASSISTANCE' Presented for consideration was the request of Councilmember Jennings for discussion regarding relocation assistance to month-to-month airport tenants noticed to vacate. DiSCUSSion was held, as Introduced by Councllmember Jennings. Councl Imember Jennin~s moved to direct staff to give relocation assistance to month-to-month airport tenants. Second by Mayor Pro Tempore Vannatta Goldway. During discussion, Councl l~ember Jennings clarified the Intent of the motion to relate to airport-related types of business, not office-type businesses, and that assistance means merely keeping in contact with other airports around Los Angeles County regarding openings and spaces and providing Santa Monica tenamswith that Informa~ tion. Discussion was held. Councilmember Rhoden moved a substitute motion to request , staff to conduct a survey of space available and -return itto Council forrevle," ,.,hat ,",ould ! be passed on to our tenants before that IS done. The motion failed for lack of a second.1 Councl1member Jennings motion to prOVide relocation assistance was approved by the i following vote: Council Vote: Affirmative: Counci lmembers Vannatta Go1dway, Jennings, Scott and Mayor Bambrick Negat i ve Councllmembers Reed and Rhoden Counci1member Rhoden moved to continue diSCUSSions past 11:00 P.M. Second by Council- member Jennings. The motion ,",as approved by unanimous vote. 13-E: TENTATIVE TRACT MAP APPROVALS: Presented for consideration was the request of Councilmember Jennings for discussion, asking the Planning Commission to conSider an additional condition to granting of tentative tract maps that final plans be approved before the final map is granted. Discussion was held, as introduced by Councilmember Jennings. During discussion, the City Attorney noted that the Subdivision Act precludes starting construction on a project without a final map. Mayor Pro Tempore Vannatta Goldway requested the record to indicate her outrage at what appears to an incredible lack of responsibility for planning and development; hundreds of condominiums have been processed in the last two years; none of which meet our Housing Element provisions, and it is now discovered these may be in violation of the State law under which they were processed. No action was taken on the request of Councilmember Jennings in view of current Planning Commission review of the matter. ,ADJOURNMEiJT AT 11'25 P.M., Councilmember Rhoden moved to adjourn in memory of Eleanor i M. Le Bel and John O. Eckman. Second by Mayor Pro Tempore Vannatta Goldway. The i motion was approved by the following vote' i ! Council Vote' Unanimously approved 6-0 ATTEST: APPROVED: //~- L-/i /~! / '-/~' (j,,,, /, i 1'/ ,-,/, ,,7' '/r,;;:/7'?/ ----..--......-(---('r J-:tL ,,--- '-~ Ann M. Shore City Clerk th' , ~i; (lA/" / . I . V---V:-~ Johr J. Bambrick May r March 25, 1981 6 . . . .