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M-1/26/1982 . . . . 211 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 26, 1982 A meeting of the Santa Monica City Council was called to order at i 7:15 P.M. Tuesday, January 26, 1982, by Mayor Yannatta Goldway who led the assemblage in the Pledge of Allegiance to the United States of America. Mayor Yannatta Goldway then introduced Reverend Dan Walczuk, Santa Monica Four Square Church, who gave the Invocation. The Council met as the Parking Authority, adJourned the Parking Authority meeting at 7:32 P.M. and convened as Council at 7:32 P.M. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press (entered at 7:35 P.M.) Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John Alschuler, Jr. City Attorney Robert M. Myers Assistant City Attorney Stephen Stark City Clerk Ann M. Shore Councilmember Jennin9s moved to cons1der Item Il-D at this time. Second by Councilmember Zane. The motion was approved by unanimous vote. Il-D: PARKING STRUCTURE/SANTA MONICA COLLEGE: Presented was a staff report recommending approval of the concept of a parking structure at Santa Monica College. Councilmember Jennings moved to approve the staff recommendation, thereby approving the concept of a park1ng structure at Santa Monica COllege. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unan1mously approved 6-0 Absent: Councilmember Press (Item Il-D was considered again after Item 8-A) Councilmember Conn moved to add Items 6-D, 6-E, 8-E, Il-G, Il-H, and l4-B through 14-1 to the agenda. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. 6. CONSENT CALENDAR: The Consent Calendar was presented. Councilmember Reed moved to approve the Consent Calendar w1th the 1 January 26, 1982 212 . exception of Items 6-D ano 6-E, reading resolutions and ordinances by titles only and walving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Press 6-A: TREE CODE: Ordinance No. 1242(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE TREE CODE OF THE CITY OF SANTA MONICA", introduced January 19, 1982, was adopted. 6-B: SALARY: Resolution No. 6430(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING WAGES FOR SIGN PAINTER", was adopted. 6-C: JOB CLASSIFICATION: A recommendation for approval of revised job classification specifications for Tree Trimmer- Low, was approved. . END OF CONSENT CALE~DAR. (Councilmember Press entered at 7:35 P.M.) 6-D: REFUSE TRUCK TRACTOR: Presented was a staff report recommending for adoption a resolution waiving formal bid procedure for purchase of refuse truck tractor and approval of $60,000 appropriation and loan from Sewer Fund to Refuse Fund. Discussion was as held as introduced by Councilmember Conn. Councilmember Conn moved to adopt Resolution No. 643l(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATIO~ FOR PURCHASE OF A REFUSE TRUCK TRACTOR", reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-E: CAREER CRIMINAL APPREHENSION PROGRAM: Presented was a staff report recommending adoption of a resolution supporting Career Criminal Apprehension Program Grant application and allocation of $14,243 to match State funding. Discussion was held, as introduced by Councl1member Conn. Councilmember Conn moved to adopt Resolution No. 6432(CCS) entitled: "A RESOLUTIO?'/ OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE APPLICATION FOR GRANT FUNDS TO AID IN BURGLARY AND ROBBERY SUPPRESSION", reading by title only and waivlng further reading thereof. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: . Council Vote: Unanimously approved 7-0 2 January 26, 1982 . ! -~ . . . . 213 8-A: PROCEDURES FOR DEVELOPMENT AGREEMENTS: Presented was a staff 'report transmitting an ordinance for introduction establishing procedures for processing of development agreements. Discussion was held. Councilmember Zane moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF DEVELOPMENT AGREEME~TS", reading by title only and waiving further reading thereof, amended as follows: Change the not~f~cation perimeter to to 500 feet. Include on page 7 the requirement that developers submit a fiscal impact assessment to Planning Director for inclusion in the staff report. Add to page 7, subdivision (f) an additional finding that the agreement will not have a negative fiscal impact on the City of Santa Monica. In Section 9BOl, add a sentence that the application shall include a fiscal impact statement of the proposed development. On page B, Section 9B14(a) the last sentence to be changed to read "The Planning Commission shall hold a public hearing on matters referred back to it by the City Council." Second by Councilmember Press. Discussion was held. With the consent of the second, Councilmember Zane included in the motion amendment on page 7 of Subsection (f) to read "Will have a positive fiscal impact on the City of Santa Monica." The motion and its addition was approved by the following vote: Council Vote: Unanimously approved 7-0 ll-D: PARKING STRUCTURE/SANTA MONICA COLLEGE: Reference was again made in regard to this matter which had been cons~dered immediately after the roll call. Mayor Yannatta Goldway announced that Councilmember Conn is and has been working as Council liaison for communication with the Santa Monica College Board. B-B: PREFERENTIAL PARKING ZONE: Presented was a staff report transmitting an ordinance for introduction adding Municipal Code Section 323Ba to establish Preferential Parking Zone A (Cedar, Pine, and Maple Streets between Lincoln Court and 10th Street) and recommending approval of Negative Declaration under the California Environmental Quality Act. The public hearing was declared open at 8:05 P.M. Member of the public Mr. Juajon spoke in support of the ordinance. Ted Hill and Kathleen Horgan spoke in opposition to the ordinance. Discussion was held. There being no one else wishing to speak to the matter. Councilmember Zane moved to close the hearing at B:29 P.M. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Counc~lmember Zane moved that the 'matter of establishing a Preferential Parking Zone A be referred to staff for assessment of alternatives. Second by Mayor Pro Tempore Edwards. Councilmember Conn moved an amendment to the motion directing staff to report in 45 days. Second by Councilmember Reed. With the consent of second, Councilmember Zane included the amendment in the main motion. The motion and amendments were approved by the following vote: Counc~l Vote: Aff~rmative: Councilmembers Conn, Edwards, Jennings, Press, Reed, Zane 3 January 26, 1982 214 . Negative: Mayor Yannatta Goldway 8-C: PREFERENTIAL PARKING ZONE: Presented was a staff report transmitting an ordinance for introduction adding Municipal Code Section 3238b to establish Preferential Parking Zone B (Fraser, Hart, and Wadsworth Avenues between Barnard Way and Neilson Way and north side of Ocean Park Boulevard) and recommending approval of Negative Declaration under the California Environmental Quality Act. Discussion was held. The public hearing was declared open at 8:38 P.M. Alice Fellows, Mitzie Baskauskas and Greg Broughton spoke in support of the ordinance. John Jurenka spoke in opposition to the ordinance. C. R. Davenport requested increased fees if the zone is established. There being no one else wiShing to speak to the matter. Councilmember Jennings moved to close the public hearing at B:49 P.M. Second by Councilmember Zane. The motion was approved by unanimous vote. Councilmember Conn moved to introduce an ordinance entitled: "fu~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 323Bb TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE B", reading by title only and waiving further reading thereof, and to approve the Negative Declaration under the California Environmental Quality Act. Second by Mayor Pro Tempore Edwards. Councilmember Jennin~s moved an amendment to delete from the ordinance the amount of the fee to retain flexibility in changing the fee. The amendment failed for lack of a second. The main motion was approved by the following vote: . Council Vote: Unanimously approved 7-0 8-D: DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED AT 2600 COLORADO AVENUE: Presented was a staff report transmitting an ordinance for adoption approving a development agreement with Colorado Place Associates (Greenwood Development Company) for property located at 2600 Colorado Avenue, introduced October 13, 1981 and reintroduced January 12, 1982, and approval of a Negative Declaration under the California Environmental Quality Act. Councilmember Zane moved to adopt Ordinance No. 1243(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT (Contract No. 3743(CCS)) BETWEEN COLORADO PLACE ASSOCIATES AND THE CITY OF SANTA MONICA", reading by title only and waiving further reading thereof and to approve a Negative Declaration under the California Environmental Quality Act. Second by Councilmember Conn. Discussion was held including participation by John Blumthal representing the developer. The motion to adopt the ordinance was approved by the followlng vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Jennlngs requested the record to indlcate his negative vote because he is not sure, in the absence of an EIR, 4 January 26, 1982 . . . . . 215 whether the negative impacts 2dentified in the init2al study have actually been mitigated and because he believes that, if the negative impact is severe enough to require all the mitigating factors included in the development agreement, then there should have been an EIR. Mayor Yannatta Goldway requested the record to indicate that the new Councilmembers are supporting additional ;development in the City when the development is balanced and provides both opportunities for business and for people to live bere and recreate here. 'S-E: DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED AT OCEAN AND COLORADO AVENUES: Presented was a staff report transmitting an ordinance for adoption approv2ng a development agreement with endall Realty Co., Inc., for property located at northeast corner of Ocean Avenue and Colorado Avenue; introduced November 10, 1981, as Item S-C; reintroduced December 8, 1981, as Item 8-B. iscussion was held, including participation by H. J. Kendall, resident, Kendall Realty Company. Councilmember Conn moved to adopt Ordinance "Jo. 1244(CCS) ent2tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT BETWEEN KENDALL REALTY COMPANY, INC., DOING BUSINESS AS H.J. ENDALL ASSOCIATES, k~D THE CITY OF SANTA MONICA", reading by title lonly and waiving further reading thereof, approving Contract No. !3744(CCS) with Kendall Realty Co., Inc. Second by Councilmember iZane. The motion was approved by the following vote: Council Vote: Aff2rmat2ve: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed 9-A: POLISH PEOPLE: Presented was a staff report transmitting a resolution in support of the Polish people. Mayor Yannatta Goldway read the resolution into the record. Discussion was held. Councilmembr Conn moved to adopt Resolution No. 6433(CCS) entitled: '''A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPOPRT OF THE PEOPLE'S SOLIDARITY MOVEMENT IN POLAND". Second by Councilmember Zanet Following discussion and w2th the consent of the second, Councilmember Conn included in the motion the suggestion of Councilmember Jennings to add to Section 2 the words ;"free from oppression and foreign intervention." After discussion, 'the motion was approved by the following vote: Council Vote: Unanimously approved 7-0 10-A: Ml AND M2 DISTRICT REGULATIONS: Presented was a recommendation of the Planning Commission to direct the City Attorney to prepare an ordinance regarding regulations for Ml and M2 Districts. Discussion was held. Mayor Yannatta Goldway moved to request staff to prepare for Council review and forwarding to the Planning commission an ordinance which will include provisions for some sort of review -- whether conditional use permit, site review, or development agreement -- of projects over 10,000 square 5 January 26, 1982 216 . feet, some indication of preference encouragement or discouragement of jOb-creating uses in the industr~al zone, and some clarification of data processing hardware/software uses and their relationship to either industrial or commerc~al classifications. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 10-B: Ml-A SPECIAL INDUSTRIAL DISTRICT HEIGHT REGULATIONS: Presented was a recommendation of the Planning Commission to add Section 9120D to the Municipal Code regarding Ml-A Special Industrial District height regulations. Councilmember Zane moved to direct the City Attorney to prepare such an ordinance. Second by Mayor Pro Tempore Edwards. The motion was approved by thge following vote: Council Vote: Unanimously approved 7-0 10-C: DEMOLITION OF STRUCTURES: Presented was a recommendation of the Planning Commission to direct C~ty Attorney to prepare an ordinance prohibiting structure demolition without replacement proJect permit. Mayor Pro Tempore Edwards moved to direct the City Attorney to prepare an ordinance prohibiting structure demolition without a replacement project permit. Second by Councilmember Zane. The motion was approved by the following vote: . Council Vote: Unanimously approved 7-0 10-D: SHARED PARKING: Presented was a recommendation of the Planning Commission for amendment to Section 9l29F2 of the Municipal Code to permit shared parking for mixed- use projects. Councilmember Press moved to approve the staff recommendation thereby directing tne City Attorney to prepare an ordinance amending Section 9l29F2 of the Municipal Code to permit shared parking for mixed use projects. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 II-A: REVENUE SHARING FUND~: Presented was a staff report recommending approval of grant rationale and funding activities for allocation of 1982-83 General Revenue Sharing funds to community agencies. Discussion was held. Councilmember Conn moved to approve the staff recommendation thereby approving grant rationale and funding activities specif~ed in the staff report dated January 26, 1982 and authorizing the C~ty Manager to implement the grant funding process within the timelines specified. Second by Councilmember Reed. After discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 7-0 . 6 January 26, 1982 . . . . . 217 ll-B: HEALTH CARE ADVISORY COMMITTEE: Presented was a staff report recommend~ng appo~ntment of an adv~sory committee on health care to advise City adm~n~stration and Santa Monica Hospital during redevelopment planning, and authorization to the City Clerk to advertise for members. Discussion was held. Councilmember Reed moved to establish a task force of nine members and a Councilmember liaison and to direct the City Clerk to advertise for members for an advisory comm~ttee health care composed of nine citizens of the City interested in health care and one Councilmember liaison. Second by Mayor Yannatta Goldway who offered to act as Council liaison to the advisory committee. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 ll-C: ARTS TASK FORCE: Presented was a staff report requesting extension of time to report on recommendations of the Citizens TAsk Force on the Arts. Councilmember Conn moved to approve the request for extension. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 ,ll-D: Considered earlier in the meeting. ll-E: RESIDENTIAL ENERGY CONSERVATION SERVICES: Presented was a staff report recommending approval of a residential energy conservation services draft contract with Southern California Gas Company and Southern California Edison Company. Discussion was held. Mayor Pro Tempore Edwards moved to approve the draft contract with Southern Calfifornia Gas Company and Southern Cal~fornia Edison Company and to authorize the City Manager to negotiate with the utility companies before returning the contract to Council for final approval. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 ll-F: CLOSED SESSIO~: Considered later in the meeting. ll-G: FEBRUARY 9TH AND 16TH COUNCIL MEETI~GS: Presented was a staff report recommending adjournment of the February 9, 1982, Council meeting to 6 P.M., February 16, 1982, to review financial analysis and other continued items. Mayor Yannatta Goldway moved ,to approve the meeting schedule as recommended. Second by Councilmember Conn. Mayor Pro Tempore Edwards moved to amend the motion to provide that the meeting on February 16 begin at 7 P.M. rather than 6 P.M. Second by Councilmember Reed. The amendment failed by the follow~ng vote: Council Vote: Affirmative: Councilmembers Edwards, Jennings, Reed Negative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway 7 January 26, 1982 220 . l4-D: COMMERCIAL/INDUSTRIAL PLANNING TASK FORCE MEMBERSHIP: Presented was the request of Councilmember Zane that an appointment be made to the Commercial/Industrial Task Force. Councilmember Zane nominated Heather Ball. There being no further nominations, nominations were closed. The vote on the nominations was as follows: Heather Ball: Unanimously appointed 7-0 Therefore Heather Ball was appointed to the Citizens Task Force on Commercial/Industrial Planning. l4-E: TRAVEL PLANS APPROVED: Presented was the request of Councilmember Zane for approval of payment of expenses for attendance at SolarCal Local Government Committee meeting. Councilmember Reed moved to approve the request of Councilmember Zane to expend necessary funds to attend the SolarCal Local Government Committee meeting, Santa Barbara, January 28-29, 1982. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: . Council Vote: Unanimously approved 7-0 l4-F: CONFERENCE FEE APPROVED: Presented was the request of Councilmember Zane for approval of payment of registration fee for the Conference on Urban Land Policies in the Reagan Years. Councilmember Reed moved to authorize Councilmember Zane to attend as requested and be reimbursed for related costs to attend the Conference on Urban Land Pollcies in the Reagan Years at USC Law Center, February 5-6, 1982. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 14-G: RESTAURANT SPECIAL PRICES: Presented was the request of Mayor Pro Tempore Edwards for discussion of "specials" listed on restaurant menus without prlces. Discussion was held. Mayor Pro Tempore Edwards requested to refer the matter of "specials" without prices to the Consumer Affairs staff member in the City Attorney's office and also to request the Chamber of Commerce to review the situation of specials not listing prices and report to Council. Councilmember Reed requested the record to reflect her opposition to efforts in thlS area. 14-H: ZONE CHANGE NOTIFICATION MAILINGS TO COMMERCIAL TENANTS: Presented was the request of Mayor Yannatta Goldway to request staff to notify commercial tenants in areas in which we are mailing notification of zone changes. Discussion was held. Councilmember Zane moved to request staff to notify commercial tenants in areas in which notifications are being mailed in regard to zone changes. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: . 10 January 26, 1982 . . . . . 221 council Vote: Unanimously approved 7-0 114-1: STATEWIDE HERITAGE TASK FORCE APPOINTMENT, Presented was 'the request of Mayor Vannatta Goldway for discussion regarding support of David Cameron for appointment to the Statew~de Heritage Task Force. Councilmember Zane moved to appoint David Cameron to the Statewide Heritage Task Force. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote, Affirmative, Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Vannatta Goldway Negative, Mayor Pro Tempore Edwards .ll-F: CLOSED SESSION, Presented was a request for Closed Session to consider pending litigation and personnel matters. At 12:12 A.M., Councilmember Conn moved to adjourn to Closed Session. ,~'second by Councilmember Zane. The motion was approved by unanimous vote. council reconvened at 12,37 A.M. with the following members resent, Councilmembers Conn, Edwards, Jennings, Press, Reed and Mayor Vannatta Goldway. Mayor Vannatta Goldway moved to approve a settlement payment of $7,500 in the case of Clarence Williams vs. the City (Case No. C-348342). Second by Councilmember Conn. The motion was approved by the following vote: council Vote: Unanimously approved 6-0 Absent: Councilmember Zane ADJOURNMENT: At 12:38 A.M. Mayor Vannatta Goldway moved to adJourn in memory of Walter E. Burke, Santa Mon~ca resident and long-time pewsman who previously worked for the Evening Outlook; John Binns Hall, a native of Santa Monica and owner of the Cock and Crow Gourmet Store; and R. Parker Sullivan, long-t~me resident and ~hairman of the Board of General Telephone company. Second by ~ayor Pro Tempore Edwards. The motion was approved by the Ifollowing vote, , Council Vote: unanimously approved 6-0 Absent' counc~~ z~ne / 7r:;n~/7 . lY0I(.1 , 1AA-'-' ' Ruth Y,a atta Goldway Mayor ATTEST: Yr:", ~>S~ \.nCn M. Shore v' City Clerk 11 January 26, 1982 . . . .