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M-2/11/1981 . . . . CITY OF SA~TA MONICA LilY COU~CiL PROCEEDINGS FEBRUAP,Y 11, 1981 A meeting of the City Counci 1 was called to order by Mayor Bambrick at 7:30 P.~\. ,February 11, 1981, having been continued from February 10, 1981. ; i \o:ednesc:at, i Roll Cal l' Present: Mayor John J. Bambrick Mayor Pro Tempore Ruth Yannatta Goldway Councilmember William~. Jennlngs Councilmember Christine E. Reed Councilmember Cheryl Rhoden Councilmember Perry Scott City Manager Charles K. McClain Acting City Attorney Stephen Stark City Clerk Ann M. Shore The following matters were considered having been continued from February 10, 1981. 6-M: COMMUNITY BUILDING, VIRGINIA AVENUE PARK: Presented for consideration was a recom- mendation for award of contract to Chapman Construction Co. for construction of a commun- i ity building at Virginia Avenue Park. Cou~cilmember Scott mo~ed to approve the staff 'recommendation awarding Contract No. 3624(ccs) to Chapman Construction Company for con- Istruction of a community building at Virginia Avenue Park in the amount of $388,863 and ,approving an appropriation of $75,000 from the Recreation Unit Tax Fund Second by Mayor ipro Tempore Vannatta Goldway. Discussion was held. The motion was aporoved by the fol- ! 'lowing vote: Counc i 1 Vote Affirmative. Councilmembers Yannatta Goldway, Reed, Rhoden, Scott and Mayor Bambrick Absent: Councilmember Jennings I !5-Q: WATER SERVICE CHARGE: Presented for consideration was a resolution establishing a 'capital Improvement service charge for water service, previously Item 9-B on January 27, 1981. (Councilmember Jennings entered at 7:50 P.M.) Discussion was held. Councilmember .J!=nnin9s moved the staff recommendation to adopt a Resolution entitled: "P. RESOLUTION OF THE CITV COUNCIL OF THE CITV OF SANTA MONICA ESTABLISHING A CAPITAL IMPROVEMENT SERVICE ,CHARGE FOR WATER DIVISION" amended to phase the bil ling in two steps on successive bills "Second by Councilmember Reed. Discussion was held. The motion failed by the following ,vote: Council Vote: Affirmative: Councilmembers Jennings, Reed and Mayor Bambrick Negat I ve' Councilmembers Vannatta Goldway, Rhoden and Scott !~~yor Pro Tempore Vannatta Goldway moved to adopt Resolution No. 6205(CCS) entitled: February 11, 1981 185 186 i"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A CAPITAL .r.,IMPROVEMENT SERVICE CHARGE FOR WATER SERVICE SUPPLIED BY THE SANTA MONICA WATER DIVISION"t. ,reading by title only and waiving further reading thereof, approving a formula for half !of the proposed rate Increase and to request staff to return with a different formula for 'Iadditional revenue they might need. Second by Councilmember Scott. During discussion, , with the consent of the second, the motion was amended to delete specific direction to [staff to return with a formula and instead that the matter could be returned at budget discussions. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 i :5-0' CITY PERMIT PROCEDURE Presented for consideration was an ordinance for introduc- ition regarding various aspects of the City permit procedure, previously Item 8-A on IJanuary 27, 1981. Discussion was held. Councilmember Jennings moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA PRDVIDING A CRIMINAL PENALTY FOR MISREPRESENTATION IN CONNECTION WITH ADMINISTRATIVE PROCEEDINGS AND ESTABLISHi ,ING A 90-DAY PERIOD OF LIMITATIONS FOR APPEAL OF ADMINISTRATIVE ACTIONS.", amended by de-' rletion of the phrase in Section 1202 "to admit to state in any such document or proceedin~ any material fact required to be stated therein;" reading by title only and waiving fur- i' !ther reading thereof. Second by Mayor Pro Tempore Yannatta Goldway. During discussion land With the consent of the second, Counci lmember Jennings inciuded in the motion the fol Ilo1tling amended langu~ge in the ordinance. .".. .any written. statement or oral state~ent mad., under penalty of perjury or made upon notice and declaration of penalty under perjury". ' \Fol1owing discussion of the mot!on, Councilmem~er Scott moved to. table the matter. Secon1 .by Counc.lmember Reed. The mot Ion to table fa lied by the foll0\11 ng vote: i Council Vote: Affirmative: Counci lmembers Reed and Scott I' Negative: Councilmembers Yannatta Goldway, Jennings, Rhoden and Mayor Bamb rick IWith the consent of the second, Councilmember Jennings included in the main motion an !amendment moved by Mayor Pro Tempore Yannatta Goldway to revise Section 1202 to deal "11 i t h \1 r i t ten s tat e men t son 1 y, tor e a din S tea d "... f i 1 e din con n e c t ion !11ith any application for a city permit." The public hearing Vias ,opened at 9:14 P.M. There being no one present wishing to speak on the matter, Council- [member Rhoden moved to close the public hearing at 9'14 P.M. Second by Councilmember [Reed. The mo. tion was approved by unanimous vote. The main motion, as amended, failed by the fol1ow;ng vote: I I Council Vote: Affirmative: Counci lmembers Yannatta Goldway and Jennings Negative: Councilmembers Reed, Rhoden, Scott and Mayor Bambrick Councilmember Reed moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY OF iSANTA MONICA ESTABLISHING A gO-DAY PERIOD OF LIMITATIONS FOR APPEAL OF ADMINISTRATIVE !ACTIONS", .reading by title only an~ walving.further re~ding thereof, amending the pro- posed ordinance to delete the section relating to criminal penalty, the City Attorney to redraft the ordinance for second reading with the appropriate whereas clauses. ,Second by Councilmember Jennings. The motion was approved by the fol lowing vote: I ! Council Vote: Unanimousiy approved 6-0 2 February 11, 19B1 . . . . . . . . I S-U' BROwN ACT AME;~DMENTS BY SENATOR KEENE: Presented for consideration was the requestj 'of Councilmember Rhoden for discussion of compl iance with recent Brown Act amendments L' (the Keene Bill) previously Item 13-C on January 27, 1981. Discussion was held. Council, : member Rhoden moved to direct staff to advise Counci I as to what effects the Keene~ amending the Brown Act has on our processes and procedures at the Council level and nec- I I'essary steps to be taken to direct our administrative boards and commissions of same and any other internal housekeeping methods that need to be adopted to be in compliance with ,revisions to the Brown Act. Second by Councl lmember Reed. The motion was approved by the following vote: CounCil Vote: Unaninously approved 6-0 Councilmember Rhoden moved to keep a confidentidl record of Councilmember positions beingj taken for reference and a record of matters discussed in individual Closed Sessions. I Second by Mayor Pro Tempore Vannatta Goldway. During discussion, Mayor Pro Tempore Vannatta Go1dway requested the record to s,ow that in her experience nothing discussed I :during Closed Session could not be heard by the publIC, except for the question of I its effect on I itigatlon or relationships with personnel. Following discussion, the , ;motion failed by the fol lowing vote: Council Vote: Affirmative: Counci I members Vannatta Goldway, Jennings and Rhoden Negative: Counci lmembers Reed, Scott and Mayor BambrIck 5-V: MEMBERSHIP ON COMMISSION ON OLDER AMERICA~S: Presented for consideration was the request of Mayor Pro Tempore Vannatta Go1dway for discussion of replacement of a member of the Commission on Older Americans due to lack of attendance, previously Ager.da Item , 13-0 on January 27, 1981. Following discussion, Mayor Pro T~~pore Vannatta Goldway moved: to remove Commissioner Thurston from membership on the Commission on Older Americans because of excessive and consistent non-attendance of meetings and authorize the City I Clerk to advertise the vacancy. Second by Councilmember Rhoden. The motion was approved: ,by the fol lowing vote: I Council Vote: Unanimously approved 6-0 Is-v, BALLOT MEASURE ARGUME~TS: Presented for consideration was the request of Council- member Rhoden for discussion of gUlde1 ines regarding submittal of arguments and rebuttals, 'related to ballot measures, previously Item 13-G on January 27, 1981, Discussion was I held, as introduced by Counci1member Rhoden. No action was taken. i I 6-1: TRAFFIC CIRCULATION/PARKING STUDV AND INTERSECTION CAPACITV PROGRAM: Presented fori consideration was d recommendation for appropriation to conduct a traffic circulation and parking study and to develop a traffic intersection program, the contracts having been i awarded on January 27, 1981. Mayor Pro Tempore Vannatta Goldway moved to approve the ! staff recommendation, thereby approving an appropriation of $23,900 to conduct a Traffic',' Circulation and Parking Study for the Central Business District and to develop an Inter- , section Capacity AnalYSIS Synchronization Program. Second by Counci1member Reed. The motion was approved by the following vote: 3 February 11, 1981 187 188 Council Vote: Unanimously approved 6-0 l 6-J PUBLIC FACiliTIES MAINTENANCE VAN: Presented for consideration was a recommendatio for appropriation of funds to pay for the previously authorized purchase of a van. Coun-' cilmember Reed moved to approve the staff recommendation thereby approving an appropria- ! . I tion of $7,826.98 for purchase of a van for the Publ ic Facilities Maintenance Department ;as previously authorized. Second by Mayor Pro Tempore Yannatta Goldway. The motion was !approved by the following vote. I Council Vote Unanimously approved 6-0 7-C: FOURTH STREET STAIRWAY: Presented for consideration was a hearing to consider the ! proposed design change and acquisition of easement regarding the Fourth Street Stairway , ,north of Adelaide Drive and Ocean Avenue (in Los Angeles) the public hearing having been I' I opened and closed on February 10, 1981. Councilmember Rhoden moved to reconsider the matter. Second by Councilmember Reed. The motion to reconsider was approved by the fol- lowing vote: ; I Council Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Reed, Rhoden! and Mayor Bambrick Negative. Councilmember Scott I Councilmember Reed moved to adopt Resolution No. 6206(ccs) entitled: "A RESOLUTION OF TH~ CITY COUNCil OF THE CITY OF SANTA MONICA FINDING AND DETERMINING THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF AN EASEMENT I ITO CERTAIN REAL PROPERTY FOR A PUBLIC USE, TO WIT: A PUBLIC WALKWAY" being a stairway !between Adelaide ,Drive and Ocean Avenue, reading by title only and waiving further readinr' thereof, apprlving an appropriation of $45,000 as the City's share of the construction of the new stairway pursuant to the renegotiated agreement with the City of Los Angeles and the changed design plans. Second by Councilmember Rhoden. Discussion was held. The , motion was approved by the following vote: Council Vote: Councilmembers Yannatta Goldway, Jennings, Reed, Rhodenl and Mayor Bambrick Affirmative: Negative: Councilmember Scott 8-A, 8-B, 9-A. SEWER CONNECTION FEES' Presented for consideration was an emergency ;ord'inance for adoption and a regular ordinance for introduction, allowing setting of !sewer connection fees by resolution and a resolution establishing sewer connection fees. 'The staff report was presented. Discussion was held. The publiC hearing was opened at i 10:10 P.M. There being no one present wishing to speak on the subject, Councilmember I Scott moved to close the public hearing at 10:11 P.M. Second by Councilmember Reed. l :The motion WaS approved by unanimous vote. Councilmember Scott moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY i COUNCil OF THE CITY OF SANTA MONICA ADDING SECTION 7137 TO THE SANTA MONICA MUNICIPAL COO 'ESTABLISHING SEWER CONNECTION FEES." reading by title only and waiving further reading , 'I thereof, subject to a change -in Section No. 7137 deleting the discretion on the partl' of the General Services Director to amend or waive any charges set by resolution; , 4 February 11, 1981 . . . . . . . Ihowever, that the General Services Director be permitted to increase the basic rate If in .hls opinion the water flol', Is unusual; further that an additional paragraph be added that requires imposition of the fee that would have bpen charged originally in the event a warehouse Is converted to some other use. Second by Councl1member Reed. During discus- 'sion, with the consent of the second, Councilmember Scott Included in the motion waiving the regulation providIng for preparation of emergency ordinances and the suggestion of Counc;lmember Reed that the clause to be included provides for an additional fee to be IImposed on the conversion of space from any lower use to any higher more Intensive use. Discussion was held. The motion, as amended, was approved by the following vote: Council Vote: Affirmative: Councllmembers Jennings, Reed, Rhoden, Scott and Mayor Bambrick Negat i ve: Mayor Pro Tempore Yannatta Goldway I'counci lmember Reed moved to adopt Emergency Ordinance No. 1197(CCS) entitled. "AN EMERGEtJ1'Y OROINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SEC110N 7137 TO THE SAtJT MONICA MUNICIPAL CODE ESTABLISHING SEWER CONtJECTION FEES" in the same form as that propos d lin the ordinance for introduction, reading by title only and waiving further reading ther of. Second by Councllmember Scott. The motion was approved by the fol lowing vote: . Council Vote: Affirmative: Councilmembers Jennings, Reed, Rhoden, Scott and Mayor i Bambr i ck Negative' Mayor Pro Tempore Yannatta Goldway Councilmember Reed moved to adopt Resolution No. 6207(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A SEWER CONNECTION FEE", reading by title only and waiving further reading thereof, appropriate language to be added about ,fees being increased when a building is converted to a more intensive use. Second by iCouncilmember Scott. The motion was approved by the following vote: I Council Vote: Unanimously approved 6-0 Councilmember Reed moved to request staff to present a report to Council which outlines the present water conservation mandates in all parts of the Building Code, not just resI- dential, and also indicate other conservation actions which might be considered which may, not now be mandated In the Uniform Building Code but which may be known to staff or be In I rffect In other cities; and that thiS information be presented to Council within three : Imeetings (March 24th). Councilmember Reed included In the motion the request of Council- ~' ~ember Rhoden that the report Include the various polley agreements and direction that wa ~tated in the General Plan so that there be a full picture of water conservation efforts in the City and recommendations as to how to increase those efforts Second by Councl 1- ember Rhoden. During discussion, and there being no objection, Councllnember Reed in- cluded in the motion the request of Councilmember Jennings that the report include Inform~- 'tlon regarding water conservation measures being required on buildings of more than two I Istories which are ~ow under construction, .what.co~es they are being built.under, to what! ~xtent we can require water conservation In bUildings now under construction, and that, i !if possible, the latter information be agendized for an earl ier Counei 1 meeting. The ' rotion, as amended, was approved by the following vote. Council Vote: Unani~ously approved 6-0 ! 5 February 11, 1981 189 190 Mayor Pro Tempore Yannatta Goldway moved to direct the staff to provide an informational, report to the Council,ln \.riting, on mea'sures they have Implemented in agreement with ' large users in this sewer district to adjust the sewer discharge to times that are not in 'peak and advise as to whether City Council needs to take any direct action to insure that'I' I the adjustment in discharge time is continuous and regular for the next year. Second by I Counci 1 member Rhoden. The motion was approved by the following vote' Council Vote' Unanimously approved 6-0 ' 13-C. AIRPORT BALLOT MEASURE: Presented for consideration was the request of Mayor I Bambrick and Councilmember Reed for consideration of including on the ballot of April 14'1 1981, the matter of the Council's recent action to evict tenants at the Santa Monica , Airport. Councilmember Reed requested the record to show that no-one who has identified 'I I' themselves as a leaseholder has cal led her about the actions of the Council, that every person who has called her is an airport fan, a citizen who loves the airport, or regular 'folks who are angry and outraged. Councilmember Rhoden requested the record to indicate, in regard to her position, that she has felt very sympathetic to both the airport opera- ' tions and homeowners; further that no affected airport lessee had contacted her, rather she has received repeated contacts from people affected by the airport, who don't like the airport and are in favor of the Counci 1 's action. Further discussion was held. No action was taken. , i 12-C: FI LMING IN COUNCI L CHAMBER: Presented by staff ",as the request of Bernie Mi tChelll of the Univers'ty of California, Los Angeles, to film a narrator-only news footage film to lead in to Rent Control Board meetings a~d further that the current 5100 fee be waivedl for this purpose only. Councilmember Rhoden noved to approve the request of the Universi- ty of Cal ifornia at Los Angeles to film lead~in news footage In the Counci I Chambers and that the fee be ",aived. Second by Mayor Pro Tempore Yannatta Gold'.ay. The motion ,.,as approved by the follOWing vote: I Council Vote: Unanimously approved 6-0 13-A. SELECTI9N OF FAIR ELECTION PRACTICES COMMISSIONER: Presented was the selection of a member of the Fair E'l~ction Practice's Commission. Pursuant to Municipal Code Section 11203, a random drawing was held to select from the following nominees: Hal Thomas, William Thornbury and Doris Ganga. The drawing resulted in the selection of William Thornbury as a member of the Fair Election Practices Commission for an unexpired term i ending June 30, 1985. ! 13-B. CITIZENS UTILITY TAX REBATE PROGRAM' Presented was the request of Mayor Pro 'I Tempore Vannatta Goldway for discussion regarding methods to increase participation In the Senior Citizen Utility Tax Rebate Program. Discussion was held, as introduced by I Mayor Pro Tempore Vannatta Goldway. i Councilmember Reed moved to direct staff to contact the utility companies (Edison, Gas ,and Phone Company) to determine if they would al low us to include a utility tax rebate 'mailing or our wording in one of the items stuffed in their uti lity bills and to return with information as to the timing and expense of a stuffer in any city-wide mailing, 'I' examples given during Council discussion. Second by Counci lmember Rhoden The motion was approved by the following vote. I , Council Vote: Unanimously approved 6-0 6 February 11, 1981 . . . . . . . . Mayor Pro Tempore Vannatta Goldway moved to request staff to review the Los Angeles County Voter Regis~ration tapes and report as cO whether and ho"' many people ove,- the age 'of 62 can be Identified for mall i~g of a Se~ior Citizen Util ity Ta,{ rebate notice ~nd the feasibi lity of establishing a master list of people who have received rebates or inquired about them, Second by Counci lmember Rhoden. The motion \'Ia" approved by ~he f01lm'ling vote: Councl I Vote: Affirmative: Councilmembers Vannatta Goldway, Jennings, Rhoden, Scot and Mayor Bambrick Negat i ve: Councilmember Reed 10-A. SCR 4 (STATEWIDE PRESERVATION TASK FORCE): Presented for consideration was a re- quest from the Landmarks Commission recommending Council support of Senate Concurrence Resolution 4 (Marks Bill) establ ishing a Statewide Preservation Task Force, considered on February 10, 1981. Councllmember Rhoden moved to reconsider the matter. Second by .Councllmember Reed. The motion was approved by the following vote: Council Vote' Affirmative: Councilmembers Yannatta Goldway, Jennings, Reed, Rhoden and Mayor Bambrick Negat i ve. Councllmember Scott Councilmember Rhoden moved to approve the recommendation of the Landmarks Commission and ,request the Mayor to write a letter to the appropriate legislative bodies expressing 'Santa Monica's support of SCR 4 establishing a Statewide Preservation Task Force. Second by Mayor Pro Tempore Vannatta Goldway. The motion was approved by the fol lowing vote: Council Vote. Affirmative. Councilmembers Yannatta Goldway, Jennings, Reed, Rhoden and Hayor Bambrick Negative: Counc I lmember Scott 11-0: CLOSED SESSION: Presented was a request for a Closed Session to discuss pending litigation and to instruct City representatives concerning salaries, salary schedules or compensation paid in the form of fringe benefits. At 11:15 P.H. Councllmember Rhoden moved to recess the Closed Session for the stated purposes. Second by Mayor Bambrick. 'The motion was approved by unanimous vote. The Council reconvened at 11 :30 P.H. with the ['fOllOWing members present: Counci lmembers Vannatta Goldway, Jennings, Rhoden, Scott and, Hayor Bambrick. Councilmember Rhoden moved to adopt Resolution No. 6208(CCS) entitled: J "A RESOLUTION DF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NO. 464~ I HICH ESTABLISHES WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR VARIOUS ~LASSES OF POSITIONS" Increasing the pay range of the City Clerk, reading by title only ind waiving further reading thereof. Second by Mayor Pro Tempore Yannatta Goldway. The tion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmember Reed I !Councilmember Rhoden moved to approve payment of the following bills for legal services: 7 February 11, 1981 191 192 ... ortas & Koven - $6,626.76, White & Case - $3,203.46, Nick Counter - $4,122.50, ~aum & Cohen - 52,596.45, Harry Gershon - $3,930.45, George Franscel1 - $1,347.56 and ratification of raise in hourly fee for Hil1singer & Costanzo from $60 to 580 Second by f' ayor Pro Tempore Vannatta Goldway. The motion was approved by the following vote' Council Vote. Unanimously approved 5-0 ! Absent: Couneilmember Reed ~t 11.35 P.M., Councilmember Rhoden moved to femory of Victor M. Weger, father of Kathryn ohn McCloskey. Second by Mayor Pro Tempore y the following vote: Council Vote. Unanimously approved 5-0 i Absent: Coune 11 member Reed adjourn, on behalf of Mayor Bambrick, in McCloskey, wife of former Councilmember Vannatta Goldway. The motion was approved ~TTEST APPROVED. l~ 'V,p~ rnn M. Shore, City Clerk (\x,q I f) // )<tU1~!t . f Jf1{,uL~ jJonn J. B~~brick, Mayor I ' I 8 February 11, 1981 . . . .