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M-11/3/1981 . . . . 137 CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS NOVEMBER 3, 1981 A meeting of the Santa Monica City Council was called to order by Mayor Yannatta Goldway at 7:39 P.M. Tuesday, November 3, 1981, having been continued from October 27, 1981, and October 29, 1981. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of America. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press Councilmember Dennis Zane Acting City Manager Susan McCarthy City Attorney Robert M. Myers Assistant C1ty Attorney Stephen Stark C1ty Clerk Ann M. Shore Absent: Councilmember Christine E. Reed ~'ayor Pro Tempore Edwards moved to add Agenda Items 4-A and 13-D. econd by Councilmember Conn. The motion was approved by unanimous ote. 4-A: PROCLAMATION: Mayor Yannatta Goldwy presented a proclamation naming the week of November 2nd Youth for for Understanding Week. 8-B: PARKING OF TRAILERS AND LARGE VEHICLES IN RESIDENTIAL DISTRICTS: Presented was a staff report transmitting an ordinance for introduction amending the Munic1pal Code regarding parking of trailers and large veh1cles in residential districts as directed by the Council on October 13, 1981. Discussion was held. Councilmember Conn moved to hear members of the public for three minutes each. Second by Councilmember Zane. The motion was approved by unan1mous vote. The public hearing was declared open at 7:45 P.M. Max Fenton and John Jurenka spoke in opposition to the proposed ordinance. No One else wishing to speak, Mayor Yannatta Goldway moved to close the hearing at 8:00 P.M. Second by Councilmember Conn. The motion was approved by unanimous vote. Councilmember Conn moved to introduce an ordinance ent1tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING i; ECTION 3374A OF THE SANTA MONICA MUNICIPAL CODE", reading by title nly and waiving further reading thereof. Second by Mayor Yannatta oldway. After discussion, the motion was approved by the , allowing vote: 1 November 3, 1981 138 . Council Vote: Aff~rmative: Councilmembers Conn, Edwards, Jennings and Mayor Yannatta Goldway Negative: Councilmembers Press and Zane Absent: Councilmember Reed Councilmember Conn moved to hear Item 9-D at this time. Second by Councilmember Zane. The motion was approved by a vote of four in favor (Councilmembers Edwards and Jennings opposed, CouncilMember Reed Absent) . 9-D: OPPOSITION TO NUCLEAR REACTOR: Presented was a resolution opposing relicensing of the Nuclear Reactor at UCLA-Westwood campus as directed by Council on October 6, 1981. Mayor Yannatta Goldway moved to hear from members of the public for three minutes each. Second by Councilmernber Zane. The motion was approved by the unanimous vote. The following persons spoke in support of the resolution opposing relicens~ng of the nuclear reactor at UCLA Westwood Campus: Sheldon C. Plotkin, Andy Liberman, Joel Pelcyger, :John Gabree, Dan Hirsch, Alan Sadowsky, Robin Schneider, Peter !Weinberger, Brad Newfield, Barbara Greenstein, Lilia F. Castillo, Icarmen R. Gonzalez, Joe Blau Hal Shwimer, Martin A. C. Enriquez 'Marquez, Howard Cushnir, Wendy Schnelker speaking on her own behalf and reading a statement from Lynn Greenberg. John Jurenka spoke in opposition to having this item on the Council agenda. Ron Aryel spoke in opposition to the resolution. John Miles spoke to request an outside review of the reactor safety, insistence on emergency procedures and an insurance policy. There being no one else jwishing to speak, the hearing was declared closed at 9:04 P.M. !Discussion was held. Councilmember Conn moved to adopt Resolution !No. 6388(CCS) entitled: "A RESOLUTION OF THE CITY COUCNIL OF THE ,CITY OF SANTA MONICA IN OPPOSITION TO THE RELICENSING OF THE UCLA NUCLEAR REACTOR", reading by t~tle only and waiving further reading thereof. Second by Mayor Pro Tempore Edwards. With the consent of the second, Councilmember Conn included in the motion an amendment requested by Councilmember Zane to add: "WHEREAS the operation of the reactor at UCLA is costly at a time when concerns about fiscal prudence by a public institut~on is a maJor concern of citizens" and "WHEREAS the Nuclear Regulatory Commission has indicated that the UCLA reactor fails to meet federal guidelines in 37 different ways in fail~ng to provide an emergency plan should there be difficulties with the reactor." The mot~on, as amended, was approved by the following vote: . . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Jennings Absent: Counc~lmember Reed 2 November 3, 1981 . . . . . 139 Councilmember Jennings requested the record to reflect that he is vot~ng against the motion not because he is in favor of relicensing this reactor but because of the content of this particular resolution. Councilmember Conn moved to hear Items ll-E and 10-A at this time. Second by Councilmember Press. The motion was approved by a vote of five in favor (Councilmember Zane opposed, Councilmember Reed absent) . Il-E: PARKING AND STRIPING CHANGES ON 26TH STREET BETWEEN SAN VICENTE AND WILSHIRE BOULEVARDS: Presented was a staff report recommending parking and striping changes on 26th Street. Discussion was held. Councilmember Conn moved to hear members of the public for three minutes each. Second by Councilmember Zane. The motion was approved by unanimous vote. The following persons spoke to request that traffic safety measures be taken in their neighborhoods: H. M. Thomas, Linda Utsinger, Carl D. Utsinger, Berc S. Bak, Beverlie Bore~s, Ed Singh and Art Botham. Discussion was held, includ~ng part~cipation by staff. Ma~or Yannatta Goldway moved to approve the staff recommendation to modify the road geometries on 26th Street between San Vicente and Wilshire Boulevards as proposed; in addition to direct staff to ~nstall International pedestrian crosswalks as soon as possible, report on impact in four months, provide a written analysis of stop sign qualifications at the various intersections in comparison with our standards, report on installation and cost of pedestrian ~slands going out to the roadway on intersection corners, i.e., a planter that narrows the street at the intersection giving the pedestrian a shorter distance to walk and greenery to more visually define the street as narrow. Second by Councilmember Conn. After further discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 10-A: PERMIT PROCESS/NEIGHBORHOOD PLANNING TASK FORCE RECOMMENDATIONS: Presented was a recommendation of the Development Permit Process/Ne~ghborhood Planning Task Force for modification of the permit process and comments by the Planning Commission. The staff report was presented. Mayor Yannatta Goldway moved to adopt these proposals in concept and refer them to staff to prepare administrative recommendations and an implementation program for a public hearing before adoption; further, that a letter be sent to members of the Task Force thanking them for their participation and work to date and indicating that Council looks forward to the work they are going to be doing on ne~ghborhood planning. Second by Councilmember Conn. With the consent of the second, Mayor Yannatta Goldway included the suggestion of councilmember Zane to include in the staff report an assessment of fiscal impact of the proposals, like computerization, etcetera, and an evaluat~on by the City Attorney as to whether or not recommendations meet the requirements of the law we are attempting to comply with, the notion of a one-stop permit procedure. The motion was approved by the follow~ng vote: 3 November 3, 1981 140 . Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed After further discusslon, Mayor Yannatta Goldway moved to dlrect the City Manager as a priority item to work with the Planning Department to develop a plan to facilitate thlS hearing process and to come back to Councl1 if further actlon is needed to make sure these things are heard in the most timely fashion. Second by Councilmember Conn. The motion was approved by the followlng vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 8-C: LICENSE REVIEW BOARD ABOLISHED: Presented was a staff report transmitting an ordinance for introduction eliminating the License Review Board and establishing a hearing examiner process, as directed by the Council on January 27, 1981. The hearing was declared open at 10:47 P.M. No one wishing to speak to the matter. Mayor Yannatta Goldway moved to close the public hearing at 10:47 P.M. Second by Councilmember Zane. The motion was approved by unanimous vote. Councilmember Zane ~oved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE SAN~A MONICA MUNICIPAL CODE TO ABOLISH THE LICENSE REVIEW BOARD AND ESTABLISH PROCEDURES FOR LICENSE APPEALS", reading by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Unanimously approved 6-0 Absent: Councllmember Reed 8-E: TOXIC CHEMICAL DISCLOSURE ORDINANCE: Presented for consideratlon was a staff report transmitting an ordinance for adoption establishing a toxic chemical disclosure law, introduced September 22, 1981. Councilmember Zane moved to adopt Ordinance No. 1232(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE ~CITY OF SANTA MONICA ADDING TO ARTICLE V, CHAPTER 3, ENTITLED TOXIC : CHEMICAL DISCLOSURE LAW", reading by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Councilmember Conn moved to extend discussions beyond 11:00 P.M. !Second by Mayor Yannatta Goldway. The motlon was approved by a !vote of five in favor (Councilmember Jennings opposed, iCouncilmember Reed absent). 4 November 3, 1981 . . . . . 141 8-F: AGREEMENT REGARDING DEVELOPMENT AT OCEAN AND COLORADO AVENUES: Presented for consideration was a staff report transmitting an ordinance for introduction approving an agreement w1th Kendall Associates for development at Ocean and Colorado Avenues. (Councilmember Jennings departed at 11:20 P.M.) Discussion was held, including participation by Michael Miller, attorney for Kendall Assoc1ates, and Don Prochnow, project architect. Mayor Yannatta Goldway moved to continued the matter to November 10, 1981, and request the City Attorney to report regarding amendments requested by Council during discussion. Second by Councilmember Conn. The motion was approved by the following vote: Counc1l Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed 9-B: MINORITY BUSINESS ENTERPRISE PROGRAM: Presented was a staff report transmitt1ng a resolution for adoption approving the Santa Monica Minority Business Enterprise Program. Discussion was held. Councilmember Conn moved to adopt Resolution No. 6386(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE SANTA MONICA MINORITY BUSINESS ENTERPRISE PROGRAM", reading by title only and waiving further reading thereof, with the request that the City Manager provide Council with an implementation progress report in six months or no later than the budget sessions. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed 9-C: RULES OF ORDER: Presented was a staff report transmitting a resolution amending the Rules of Order for the conduct of City Counc11 meetings, as directed on September 8, 1981. Member of the public Howard Goldberg requested the Council return to procedures the two-thirds vote in order to continue discussions past 11:00 P.M. Discussion was held. Councilmember Zane moved to adopt Resolution No. 6387(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS", reading by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed ,Mayor Yannatta Goldway moved to consolidate consideration of Items Il-H, 11-1 and Il-J. Second by Councilmember Conn. The motion was approved by unanimous vote. 5 November 3, 1981 142 . Il-H, 11-1 fu~D Il-J: TENTATIVE TRACT MAP NOS. 41814, 14444 AND 42087: Presented for consideration were appeals from the Plannlng Commission's action to table or take no action on Tentative Tract No. 41814 for a 5-unit new condominium at 1510 Princeton Street submitted by R. Murphy; Tentative Parcel No. 14444 for a 4-unit condominium converSlon at 631 Callfornia Avenue submitted by M. Daley; Tentative Tract No. 42087 for a 19-unit condominium office conversion at 2110 Wilshire Boulevard, submitted by F. Noble. The staff reports were presented. Applicant Fred Noble spoke to request approval of Tentative Tract Map No. 42087. Discussion was held. Councilmember Zane moved to deny Tentative Tract Map Nos. 41814, 14444 and 42087 and applications for conditional use permits. Second by Mayor Yannatta Goldway. The motlon was approved by the following vote: council Vote: Unanlmously approved 5-0 Absent: Councilmembers Jennings and Reed . Councl1member Zane moved to hear Item 13-D at this time. Second by Councilmember Press. The motion was approved by unanimous vote. 13-D: RESIDENTIAL ENERGY CONSERVATION: Presented was the request of Councilmember Zane for dlScussion of a resolution endorslng the concept of contracting with Southern California Edison and Gas Companies to perform residential energy conservation services. Peggy Gardels, Director, California Offlce of Western Sun, an agency funded by the U. S. Department of Energy to promote solar energy and conservation, described development of the State audlt plan and spoke in support of the resolution. Mayor Yannatta Goldway moved to adopt Resolutlon No. 6389(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING ENERGY CONSERVATION PLANS", indicating support of the concept as proposed, reading by tltle only and waiving further reading thereof, and to authorize sending of a letter to the Administrative Law Judge of the Public Utilities Commission. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unani~ously approved 5-0 Absent: Councilmembers Jennings and Reed ll-C, Il-F, 11-G, 12-C: Mayor Yannatta Goldway moved to continue Agenda Items ll-C, Il-F, Il-G and 12-C to the agenda of November 10, 1981. Second by Councilmember Press. The motion was approved by unanimous vote. . 5-B: MAILING TO RESIDENTS: Presented was the request of Councilmember Zane for consideration of a mailing to residents regarding the moratorlum, development standards and other Council activities. Discussion was held, as introduced by Councilmember Zane. Mayor Yannatta Goldway moved to approve the draft of the letter and direct the City Manager to work with the City Council 6 November 3, 1981 . . . . . 143 office to facilitate this mailing as quickly as possible and to report to Council if it is found necessary to appropriate additlonal funds. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway Absent: councilmembers Jennings and Reed Abstain: Mayor Pro Tempore Edwards 13-A: RESIDENTIAL DEVELOPMENT TASK FORCE MEMBERS: There being no objection, the matter was continued until Councilmember Reed wishes to return it to the agenda. 13-B: PERSONNEL BOARD MEMBERS: Presented was the matter of appointment of two members to fill two vacancies on the Personnel Board. Councllmember Press nominated Melissa Hill. There being no other nomlnations, Mayor Yannatta Goldway declared nominations closed. The vote on the nomination was as follows: Melissa Hill: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta GOldway Absent: Councilmembers Jennings and Press Melissa Hill was therefore appolnted to the Personnel Board for a term expiring June 30, 1986. Nominations were opened for the second position on the Personnel Board. Mayor Pro Tempore Edwards nominated Clyde Longmire. There being no other nominations, Mayor Yannatta Goldway declared nominations closed. The vote on the nomination was as follows: Clyde Longmire: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Absent: Councilmembers Jennings and Reed Clyde Longmire was appointed to the Personnel Board for a term expiring June 30, 1984. ll-K: CLOSED SESSION: At 12:54 A.M. Mayor Yannatta Goldway moved to adjourn to Closed Session for the purpose of discussing pending Iltigation and personnel matters. Second by Councilmember Zane. The motion was approved by unanimous vote. Council reconvened at 1:58 A.M. wlth the following members present: Mayor Yannatta Goldway, Mayor Pro Tempore Edwards, Councilmembers Conn, Press and Zane. Councl1member Zane moved to approve payment of $12,500 In ~ett1ement of the case of Goode et al versus the City. Second by qounci1member Conn. The motion was approved by the followlng vote: 7 November 3, 1981 1_____ 144 . Council Vote: Unanimously approved 5-0 Absent: Counci1members Jennings and Reed Councilmember Conn moved to approve Contract No. 3720(CCS), an agreement between the 1545 - 26th Street Associates, Speare and Co., Inc., and the City. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Zane Negative: Mayor Yannatta Go1dway Absent: Councilmembers Jennings and Reed ADJOURNMENT: At 2:00 A.M., Mayor Yannatta Goldway moved to adjourn the meeting and continued items to 7:30 P.M., Tuesday, November 10, 1981, and that adjournment be in memory of Reverend Victor William Neemeyer, resident of Santa Monica who had been pastor of Pilgrim Luthran Church for 26 years; Phllip Fisher, a forty-year resident and businessman; Ethel Barrington MacDonald, 96-years old, a longtlme resident and active member of the Santa Monica Women's Club whose next of kin has requested that donations in her memory be made to Meals on Wheels; and in memory of Mary Zane, grandmother of Councllmember Dennis Zane. Second by Mayor Pro Tempore Edwards. The motlon was approved by the fOllowing vote: . Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed !~7": RutK May(o ATTEST: c~~ j),:4I~ Ann M. Shore City Clerk . 8 November 3, 1981 .