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M-9/26/1978 . . . . CITY OF SA~TA ~OKICA CITY COU~CIL PROCEEDIKGS September 26, 1978 A regular meeting of the Santa Monlca Clty Council was called to order at 7:30 p.~1. by ~ayor Donna O'Brien Swink who led the assemblage in the pledge of allegiance to the United States of America. Mayor SWlnk then introduced Reverend Donald Shelby, First Unlted ~ethodist Church, who offered the Invocatlon. Roll Call: Present: Mayor Donna 0' Brien S\<link Mayor Pro Tempore Seymour Cohen Councilmember John J. Bambrick Councilmember Christine Reed Councilmember Perry Scott Councilmember Xath~niel Trives Councilmember Pieter van den Steenhoven Acting Clty Manager David Dolter Clty Attorney Richard Knlckerbocker City Clerk Joyce Snider Absent: None Agenda Item 4-A" A commendation was presented to Amerlcan Legion Post 123 Baseball Team, Manager and Coaches for their efforts and contribu- tions to sports for youth. Ex agenda Items l3-B and 13-( were added to the agenda on motion of Councllmember Reed. Second by Councllmember Scott. Council Vote: UnanImously approved 7-0 Agenda Item 5-A' The subJect of rent relief which had been continued from the CouncIl meeting held September 12, 1978 for Councll considera- tIon at a time certaln of 8:00 P.M. on thlS date was held over untll 8:00 P.M. by order of Mayor Swink with the consent of Council, The Consent Calendar was presented by the City Clerk after which Councll- ~ember Trives moved to approve the Consent Calendar with the exceptlon of Agenda Item 6-:"1, adopting resolutiOns and ordinances therein reachng by title only and I<lal Vlng further readIng thereof. Second by Counci Imember Reed. Councll Vote: Unanimous ly approved 7 - 0 , Agenda Item 6-A: The minutes of a regular City Councll meeting held September 12, 1978 were approved as malled. Agenda Item 6-B: A request for reimbursement of departmental revolving cash funds' Administrative Services - $247.02, Police - $83.28, was approved. Agenda Item 6-C' Resolution ~o. 5095(CCS) entitled: "A RESOLUTIO~ OF THt CITY COU:.rCIL OF THE CITY OF SANTA MONICA Ri\TIFYI~G THE Cm'lPRmnSE OF CLADIS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED 1:-.1 AUGUST, 1978" and Resolution :-.10. 5U96 (CCS) entItled. "A RESOLUTIOK OF THE CITY COU~CIL OF THE CITY OF SA~TA MO:"!ICA RATIFYI~G THE COMPRO~ISE OF CLAI~S FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED AUGUST IS, 1978 THROUGH SEPTE:ClBER 7, 1978", I,ere approved. Agenda Item 6-D: Resolution '10. 5097(CCS) entitled: "A RESOLUTIO:"! OF THE CITY COU:"!CIL OF THE CITY OF SANTA MOKICA DECLARI~G ITS IKTEXTIO~ TO PLA~T TREES ALO'lG LI:"!COLN BOULE\~~RD BETWEEK OCEAN PARK BOULEVARD AXD THE SOUTH CITY LIMITS WITHIN THE CITY OF SA~TA MO:"!ICA. (TREE PLA:"!TING DISTRICT ~O. 6)", and setting a public hearing to hear objections for :"!ovember 14, 1978, was adopted. 427 I I Conunendation to I.~rlcan Legion Post 1123 Baseball Team "Rent rellef to be consldered at 8: 00 P .1>\ Jvhnutes of September 12, 1978 approved Resolution 5095 claims Resolution 5096 c1alms Resolution 5097 Tree Planting Dlstrict Xo. 6 along Lincoln Boulevard. 428 Resolution 5098 designatlng Colorado Ave. from Lincoln Blvd. to Yale Street an lU1dergrolU1d uti11~' district Resolutlon 5099 declarlng ltS lnten- tion to vacate Ashland Ave. Orchnance 1104 pertaining to emergen-j Cf conditions deslgna-, ting .he position of ' Emergency Coorchnator Contract 3093 Coast E1ectnc Inc. Contract 3094 SC'i.G for filllclmg Transportation Department plannlng stuches Contract 3095 for federal asslstan- cc illlder Section 5 of ~ITA Act of 1964 Claim Jaffi11a KOtlk Contract 3096 COY! Consultants for telephone system Contract 3097 Playland Arcade Agenda Item 6-E: Resolutlon No. 5098(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA:-ITA MONICA DESIG:-lATEG A CERTAIK AREA A~ UXDERGROUND UTILITY DISTRICT, A~D DECLARIKG ITS I:-lTE:-lTIO:-l TO REMOVE POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES THERE- FRO~, AND DECLARING ITS IKTENTION TO U:-lDERGROUND WIRES A~D FACILITIES FOR SUPPLYING ELECTRI C COy!y!U!>;ICATION, AND SIMILAR OR ASSOCIATED SERVI CE" ';1 whlch resolutlon deslgnates_ Colorado Avenue from Llnco1n Boule- vard to Yale Street as an underground utl1ity dlstrlct and sets a public hearlng date of October 24, 1978 to determine whether the pub11C necesslty, health, safety or welfare requires such improvement, was ' adopted. i I Agenda Item 6 - F: Res 01 utlon No. 5099 (CCS) entl tIed: "A RESOLUTION OF THE CITY COU:-lCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTIOK TO ORDER THE ~'i.CATIOK OF THAT PORTION OF A CERTAIK STREET KNOWN AS ASHLAND AVENUE FROM NEILSON WAY TO THE SOUTHWESTERLY LINE OF T~\CT NO. 7425 IN THE CITY OF SANTA Y!ONlCi\, CALI FOR.NIA" , and setting a pubhc hearlng date of October 24, 1978 on the proposed vacation, was adopted. . Agenda Item 6-G: Ordinance No. 1103(CCS) entltled: "AN ORDINAXCE OF THE CITY COUNCIL OF THE CITY OF SANTA MO:-lICA ADDING CHAPTER XII E:-ITITLED "MASSAGE OPER.'i.TORS" TO ARTICLE VI OF THE SANTA MONICA MUKICIPAL CODE TO REGULATE l>L\SSAGE OPE~\TORS", ",as adopted. " Agenda Item 6-H Ordlnance :-lo. 1104(CCS) entltled: "AN ORDIKA:-lCE OF TH CITY COU:-lCIL OF THE CITY OF SA\TA MONICA AMENDING SECTION 2300, 2301, 2302, 2303, 2304, 2305, 2306, 230~ 2308 AND 2309 OF, AND REPEALING SECTIONS 2305A, 2303B, 2305C, 2305D, 2305E, 2305F, 2323 AND 2324 OF THE SANTA MOKICA MU:-lICIPAL CODE PERTADIING TO EMERGENCY CONDITIO:-lS", designatlng the posltion of Emergency Coordinator, was adopted. . Agenda Item 6-1: Contract No. 3093(CCS) for resurfaclng and restriplng the Transportation Department's yards "'as awarded to Coast Electrlc Inc. ln the amount of 575,444.80. Agenda Item 6-J: Contract No. 3094(CCS) with Southern Californla Assoclation of Governments (SCAG) for funding Transportatlon Department p1annlng studies requlred by the Federal Urban Mass Transportatlon Adminlstratlon, was approved, and staff was authorized to request extenslon of the contract deadllne. Agenda Item 6-K: Contract No. 3093(CCS) with Federal Urban Mass Trans- portatlon Adminlstratlon (UMTA) for federal assistance under Sectlon 5 of the Urban Mass Transportatlon Act of 1964 for operating asslstance funds, was approved. Agenda Item 6-L: The settlement of a clalm entitled Jarmila KOtlk vs. the Clty of Santa Monlca, Larry Smlth, et al., Case No. C 239169 was approved as recommended by staff ln the amount of ~3,750 payable to Jarml1a Kotik and her Attorney of Record, George D. Bane. Agenda Item 6-M: Contract Ko. 3096(CCS) amendlng the Clty'S present contract wlth COM Consultants for lmp1ementatlon of telephone system was approved ln an amount not to exceed $3,600. . Agenda Item 6-~, Presented at this time was a recommendatlon for extension of a lease for Playland Arcade on The Santa Monica Pier. After discussion Counci1member Scott moved to approve the addendum extending the lease for Playland Arcade on 1-.,e Santa yIOnlCa Pier amended to raise the percentage rental frnm 20 percent to 25 percent. Second by ~ayor Pro Tempore Cohen. The motlon failed by t; e followlng vote: Councl1 Vote. Affirmative: Councllmembers Cohen, Scott Negative: Councl1members Bambrick, Reed, Trlves, van den Steenhoven, Swink . . . Councllmember van den Steenhoven moved to approve the addendum extendlng the lease for Playland Arcade on Santa Monica Pier, as recommended, by award of Contract No. 3097(CCS). Second bv Councilmember Trives. The motlon ,,-as approved by the follOl,-ing vote:- Councll Vote' Afflrmative: Councilmembers Bambrick, Cohen, Reed, Triv~s, van den Steenhoven, SWlnk JJegatlve: Councilmember Scott Agenda Item 6-0: Contract ~o. 3098(CCS) was awarded extending the lease of Doreene's Fortune Telllng on Santa Monlca Pler. Agenda Item 6-P: A recommendatlon regardlng lease assignments to Robert MorrlS for Fish and ChlpS Restaurant and Sea View Seafood Restaurant on the Santa ~onica Pler was continued at the request of staff. 429 Contract 3097 Play land Arcade Contract 3098 Doreene's j Robert :.Iorris lease ; continued i i Agenda Item 8-A: Presented at thlS time was an ordinance for introduc- [Ordinance for intro- tlon providlng for fencing Or screenlng in certain commercial and ! ductlOn provichng residential areas of the Clty. The pubhc hearing was opened at 7:47 P.M.I for fencing or by :.Jayor SlHnk. There being no one present to speak elther for or agalnstj screening In certain the ordinance, Mayor Sl'llnk ordered the public hearing closed at 7:48 P.M. I connnerdal and Councllmember van den Steenhoven moved to lntroducc an ordlnance entitled:; resldentlal areas of "AN ORDINAXCE OF THE CITY COUNCIL OF THE CITY OF SAXTA MO:.!ICA AMENDIXG . the Clty CHAPTER 1, ARTICLE IX OF THE SAXTA MONICA HU:.!ICIPAL CODE BY ADDING THERE- TO SECTIO:.! 9l27J RELATING TO THE SCREE:.!ING OF PARKING A~D STO~~GE AREAS IN CONNECTIO~ WITH CO~~JERCIAL OPE~~TIO~S", readlng by title only and waiving further readlng thereof. Second by Councllmember Trives. After discussion, the motion was approved by the following vote: Councll Vote: Afflrmatlve: Councllmembers Cohen, Reed, Scott, Trlves, van den Steenhoven, Swink Negative: Councilmember Bambrlck Agenda Item 8-B: Presented at this time was an ordinance for introduction provldlng for a uniform limitatlon on political campalgn contrlbutions to , candldate and ballot measure elections of 2~ multlplled by the voting i age populatlon of Santa Monica. The publlc hearing Has opened at 7' 52 P.:.I. John Jurenka spoke ln Opposltlon to regulatlons llmlting political campaign contrlbutlons. Daniel Cohen, and William Jennings spoke in favor of regulatlons llmitlng political campalgn contributions. There being no others present to speak either for or against the ordinance, ~ayor SWlnk ordered the publlC hearlng closed at 8:08 P.M. After discussion, Councilmember Scott moved to amend the ordinance to permit buslnesses to make the maximum contributlon for each business license they are required to obtaln. Second by Mayor Pro Tempore Cohen. After dlscussion the motlon was approved by the followlng vote: Councll Vote: Afflrmatlve: Councilmembers Bambrick, Cohen, Scott, Trives, van den Steenhoven . Negative. Councllmembers Reed, SWlnk Councllmember Scott moved to introduce an ordinance entltled: "A:.! ORDIKANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 11209 OF THE SANTA MONICA MUNICIPAL CODE, RELATI~G TO LIMITATIO~S 0:0.1 COMPAIG}/ CO:o.lTRIBUTIO:.!S", Sectlon l(c) amended to read instead that "Corporatlons, buslnesses, flrms, sole proprletors, partnerships, associations, labor un10ns or other entltles may contrlbute to campalgns to the same extent as natural persons", reading by tltle only and walvlng further readlng thereof. Second by Mayor Pro Tempore Cohen. Councilmember Reed moved to amend the ordinance on page 1, Section lea) to read lnstcad that ":\0 person other than a candldate "hen contributing to hlS OHn campaign shall make and no campaign treasurer shall SOllClt or accept any contributlon whlch wlll CaUse the total amount contributed by such person wlth respect to each electlon 1tem, to exceed 2~ multi- . Ordinance for lntro- duction regulatlng campaign contrlbu- tlons 430 Establishment of a posit10ll to collect data, faci11tate rrediation and assist 1n solving rental problems plied by the number of voters registered in the immed1atcly previous general election". Second by Counc1lmember van den Steenhoven. After discuss1on, the motion fa1led by the following vote' Counc1l Vote: Affirmative: Counc1lmembers Reed, Tr1ves, van den Steenhoven . ~egative. Counc1lmembers Bambr1ck, Cohen, Scott, S\o11nk Counc1lmember Tr1ves moved a Subst1tute motion to refer to the Fair Elect10n Practices Commiss1on the subject of regulat10ns l1m1ting po11tical campa1gn contribut10ns. Second by Counc1lmember Reed. The motion failed by the follow1ng vote: Counc1l Vote: Aff1rmat1ve: Counc1lmembers Reed, Trives, van den Steenhoven ~egatlve: Councilmembers Bambrick, Cohen, Scott, SW1nk The ma1n mot1on to introduce an ordinance relat1ng to 11mitat1ons on po11t1cal campaign contribut1ons as amended 1n regard to bus1nesses was approved by the follow1ng vote: Counc1l Vote: Aff~rmat~ve: Counc1lmembers Bambrick, Cohen, Scott, van den Steenhoven Kegatlve Counc1lmembers Reed, Tr1ves, Swink . Agenda Item 5-A (Held over from ear11er 1n the meet1ng): Presented at th1s t1me was the subject of rent re11ef wh1ch had been cont1nued from the Council meeting held September 12, 1978 for Council cons1dera- t10n. The Counc~l d1scussed the matter at length and heard a presenta- tion by ~1chael D. Intr1ligator, Professor of Economics, Un~vers1ty of Cal~forn1a in Los Angeles, in regard to the effect of rent control. Counc1lmember van den Steenhoven moved to d1rect the City Attorney to to draft an ordinance 1ncorporating suggest10ns 1n his letter to the City Council dated September 19, 1978, to allow certa1n annual rate increases based on the consumer price index, and the proposals set forth 1n Councilmember Tr1ves' proposed ordinance presented to Counc1l on this date which would prov1de for a Rental Hous1ng Commiss1oner 1n the C1ty and set po11cy for rental hous1ng; and that such ordinance, 1f adopted by the C~ty Counc11, w11l be placed before the voters 1n the Mun1cipal Election to be held Apr1l 10, 1979. Second by Counc1lmember Trives. D1scussion ensued dur1ng wh1ch the mot1on was amended, with the consent of the maker and second, to provide for 1ncreases based on a ~ fair rate of return and for civ1l remedy procedures only 1n the case of v10lations. After d1scuss1on the mot1on failed by the following vote I I i Counc11 Vote Affirmat1ve: Councilmembers Reed, Trives, van den Steenhoven . )Jegat1ve: Counc1lmembers Bambrick, Cohen, Scott, S,nnk Councilmember Tr1ves moved that there be a moratorium placed on rate increases on rental housing in the commun1ty effect1ve October 1, 1978 to April 10, 1979, the date of the Mun1cipal Elect1on, to allow time to study the subject. Second by Councilmember Reed for purposes of discussion. After br1ef discussion, Councilmember Trives w1thdrew the mot1on with the concurrence of the second. Counc1lmember Tr1ves moved to adopt the recommendation in paragraph (j) of the staff report dated September 25, 1978 wh1ch estab11shes the pos1tion of a Fair Rent Comm1ss1oner in the C1ty of Santa ~on1ca, such staff 2osit1on to collect data, facil~tate med1ation, and assist in solving rental problems, and to dlrect the City Attorney to prepare such an ordinance for Council review . . . . . Second by Councilmember Bambrick. After discussion, the motion was approved by the following vote: Councll Vote Afflrmative: Councllmembers Bambrlck, Cohen, Reed, Trlves, van den Steenhoven, Swink Negative: Councilmember Scott Councilmember Reed moved that the Clty Attorney be authorlzed to draft tor Council review an ordinance encompasslng the legalltles of imposlng a speculatlon tax on the business of multiple housing real estate wlth the intent that such measure would be included on the ballot in the Municipal Election to be held Aprll 10, 1979. Second by Councilmember van den Steenhoven. The motion falled by the following vote: Councll Vote: Afflrmative: Councllmembers Reed, van den Steenhoven Negative' Councilmembers Bambrick, Cohen, Scott, Trl ves, S"ink ~ouncllmember Trlves moved to direct staff to provide Council with an expanded report regarding lmplementatlon of paragraph (h) ln the staff report of September 25, 1978, which recommends that speclal zoning provlsions be developed to provide for elderly and low and moderate lncome houslng. Second by Councilmember van den Steenhoven. During dlScusslon the motlon was amended with the consent of the maker and second to include a request that staff study and report to Council regardlng preservatlon of elderly and low and moderate income rental unlts ln proposed condomlnium converSlons wlth reduced parklng require- ments. The motion, as amended, was approved by the following vote: Councll Vote" Afflrmatlve: Councllmembers Bambrick, Cohen, Reed, Trlves, van den Steenhoven, SWlnk \egatlve: Councilmember Scott By order of Mayor Swink the Councll recessed at 10:15 P.M. The Council reconvened at 10:20 P.M. wlth all members present. Agenda Item II-A. Presented at thlS time was the request of the Clty Attorney for an executlve seSSlon to discuss pending litigatlon. ~~uncilmember Reed moved to continue Agenda Item II-A, a request of the Clty Attorney for an executive session to dlSCUSS pending lltlgation,j to the end of the agenda. Second by Mayor Pro Tempore Cohen. ! Council Vote: UnanlIDously approved 7-0 Agenda Item l2-A: Presented at thlS tlme was the request of Michael Tarbet to address the Council regardlng Council meetlng procedures. The ltem was dropped due to Mr. Tarbet's absence from the Council Chambers. Agenda Item l2-B: Presented at thlS tlme was the request of Moss Apart- ments Tenants Assoclation to address the Councll regardlng conversion of resldentlal property during a housing shortage. Alex Novakovlch requested that the City adopt ordinances establlshing criterla for converSlon of resldentlal property to other usages to allevlate the housing shortage and providing guidelines to protect persons and familles agalnst sudden and spurlous evictlons. Agenda Item l2-C: The request of Santa Monlca Fair Houslng Alliance to address the Council regardlng settlng crlteria for rent increases and requesting JarVls-tax savlngs for renters, was withdrawn at the request of Santa Monlca Falr Housing Alllance. Agenda Item 13-A: Presented at this tlme was the request of Council- member Reed for discussion of Air Quallty Management Dlstrlct's Alr Quality Plan. Councllmember Reed revlewed the Alr Quallty Management 431 Staff to provide report regardlng speclal zoning pro- . VlSlons ,,'l th regard : to the elderly and : 1m, and moderate lncorne rental houslng ~lichael Tarbet's request dropped Council requested to draft an ordinance establlshing strlct cnteria for conver- SlOll of resldential property Item wlthdrawn -"i r Quali ty ~Janagement Plan reviewed _n~__ 432 Plan drafted by the lead agencles of Southern Callfornla Association of Governments and the South Coast Alr Quallty Management Dlstrict. On behalf of the Councll Mayor SWlnk extended appreciatlon to Councilmember Reed for summarlzing the Plan. City Council to ablde[ Agenda Item l3-B: Presented at thls tlme Kas the request of Mayor Pro . by existlng vanous , Tempore Cohen for dlscussion regarding the effect of the State Surplus employee multl-year ' Fund on employer-employee relations. After discusslon, Mayor Pro \lemoranda of Under- : Tempore Cohen moved that the City Council lndicate ltS intentlon to abide standlng , by the exis ting various employee mul tl-ye ar Memoranda 0 f Understanding and authorize the Clty staff to complete negotiatlons with those employees and employee organlzations whose MeBoranda of Understanding expired June 30, 1978. Second by Councllmember Trives. After discusslon the motion was approved by the followlng vote: Council Vote: Affirmatlve: Councllmembers Bambrlck, Cohen, Reed, Trives, van den Steenhoven, Swink Kegatlve' Councllmember Scott CounCllmember van den Steenhoven commended Police Chief Agenda Item l3-C: Presented at thls tlme was the request of Council- member van den Steenhoven for discusslon of the Police Department's response to a publicatlon by Santa Monlcans Against Crime. On behalf of the Councll, Councilmember van den Steenhoven commended the Chlef of Police on the excellence of his response to the publlcatlon by Santa Monlcans Against Crime, dated August 1978. Agenda Item ll-A (Contlnued): Presented at thls time was the request of the Clty Attorney for an Executive Sesslon to dlscuss pendlng litlga- tlon. At 10'45 P.M. Councllmember van den Steenhoven moved to recess to Executlve Session to dlscuss pendlng litigatlon. Second by Councll- member Trlves. . Executlve Session Council Vote: Unanlmously approved 7-0 The Council reconvened at 11:04 P.M. with all members present. AdJournment in memory of Walter E. Sturges and Harold A. Baer The Clty Council adJourned at 11:04 P.M. on motlon of Councllmember Reed, second by Councilmember Trlves, the adJournment to be on behalf of Mayor Swink In memory of the followlng individuals. Walter E. Sturges, father of Clty Flre Chlef John Sturges, long-tlme Santa Monica resident and long-time employee at Douglas Alrcraft when It was located in this Clty; In memory of Harold A. Baer, long-tlme resldent and buslnessman in Santa Monica known to many as the proprletor of Baer Market on Montana Avenue; and on behalf of the City Council In memory of the people who were killed In the alrplane crash In San Dlego on September 25, 1978 Klth the request that Clty flags be floKn at half-mast for seven days In thelr memory. Courrcll Vote: Unanlmously approved 7-0 ATTEST APPROVED: . /j -= . q:r..x-::;;:-dt.--- f JD'VC-e Snider :/Clty Clerk ,- i/ r!,} J.j tu!rr.-4A-tJl!)/ j;,ji1!xJ!A,t.U~ Donna O'Brlen Swrdk : Mayor .