SR-407-001 (5)
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CA RLK:SSS:dda
Counc~1 Meet~n _ 1-08-80
tjO?-otJ/
Santa Mon~c~ca1~fornia .
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STAFF REPORT
TO: Mayor and C~ty Council
FROM: Clty Attorney
SUBJECT: A proposed Negat~ve Declaratlon on Falr Housing
for Chl1dren Ordlnance.
INTRODUCTION
This report transmits a request that the Council approve
a Negatlve Declaratlon of Envlronmental Impact respecting the
C~ty Council Ordlnance #1139, which proh~bits dlscrlmlnation
In rental houslng on the basls of aqe, dlrect ttat not~ce of
thlS Negative Declaration be publ~shed ln the "Eveninq Outlook"
and schedule a thlrty-day per~od for public review prlor
to a public hearlng at the second Council ~eet~ng In February.
BACKGROUND
On October 9, 1979, the C~ty CaunCll adopted Ordinance
#1139, WhlCh prohiblts dlscr~mination ln rental houslng on the
baSls of age. At the tlme the ordinance was prepared, ~t was
the Vlew of staff that Slnce the ordinance was ln the nature
of a C1Vll rlghts law and did not affect the occupancy or
density standards for rental hous~ng, lt had no effect on the
enVlronment. Thus, no environmental lmpact documents were
prepared.
The constltutional valldlty of this ordinance has
subsequently been challenged in a suit flIed In Super lor
Court, j\.hl1er v. Clty of Santa Honica, Case Number C393789.
A hearlng on a prellminary In]Unctlon In that case will be
heard on January 24, 1970. Among the ~ssues raised In the
e
e
case lS the clalm that an appropriate EnVlronmental
Impact Report -- was requlred to be prepared.
Whlle staff belleves that the clalm lS without merlt,
Councll lS advlsed that out of an abundance of cautlon,
the environmental lmpact process should be applled to thlS
ordlnance. Thus, staff has conducted an lnltlal study of the
envlronmental impact of the ordinance. The Environmental
Impact Revlew Cornrnlttee has concluded that the law will have
no substantlal adverse envlronmental effect, and has tentatlvely
approved a Negative Declaratlon of Environmental Impact.
Attached 18 a proposed Negative Declaratlon and a
resolutlon provlding for publlC notice and settlng a publlC
hearlng on the Negatlve Declaratlon.
ALTERNATIVES
None applicable
REC OM...'-1EUDAT ION
It is respectfully recommended that the Council
adopt the attached resolution and set a public hearlng.
Prepared By:
Rlchard L. Knickerbocker
Stephen S. Stark
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CA RLK:SSS:dd
Counc~l Meet~n~Ol-08-80
Santa Mon~c~cal~forn~a
RESOLUTION NO. 5477
(C~ty Councll Serles)
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SA',ITA
MONICA SETTING A PUBLIC HEARING
,ON A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT OF ORDINANCE
NUMBER 1139, RELATING TO DISCRI-
MINATION IN HOUSING OF THE BASIS
OF AGE,/AND PROVIDING FOR PUBLICATION
THEREOF. I
ivHEREAS, the City Attorney's Offlce has applied
for a Negative Declaration of Env~ronmental Impact relat~ng
to Qrdlnance #1139 (CCS), cowmonly known as The Falr
Houslng for Children Ordinance, and
WHEREAS, the Envlronmental Impact Review Commlttee has
determlned, ln accordance wlth the procedures established
by Resolutlon #4351(CCS),.that the proposed act~vity wlll
not have a substantial adverse effect upon the envlronment,
and
WHEREAS, it is approprlate that a publlc hearlng be
held to receive comments prior to the fJnal adoption of this
Negatlve Declaration;
THE ClTY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY RESOLVE:
SECTION 1. A public hearing on the Negatlve Declaration
regardlng Ordluauce #1139 shall be held before the C~ty
Councll at the February 26, 1980, Council meeting.
SECTIO~ 2. The City Clerk shall cause notice of this
pub11c hearlng to be publ~shed in the Evening Outlook
accord~ng law.
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SECTION 3. The Clty Clerk shall certlfy to the
adoption of this resolution, and thenceforth and thereafter
the same shall be in full force and effect.
APPROVED AS TO FO&~:
(i2~J/J}~l
\ftJ.CHARD L. 1<N~RB6CKER--'~
City Attorney
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ADOPTED AND APPROVED THIS
8th.
DAY
OF
January
~ 19S30 I
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I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION~
No. 5477 ~ WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON
_T:ml1!lr;' g I 19~Cl BY THE FOLLO\'HNG COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Yannatta Goldway, Jennings, Reed,
. Rhoden, Scott and ~ayor Bambrick
NOES:
COUNCILMEMBERS: ~one
ABSENT:
COUNCILMEMBERS: van den Steenhoven
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
n ~. 7
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