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M-1/22/1985 I I 45 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 22, 1985 A meeting of the Santa MonIca CI ty Council was called to order by Mayor Reed at 6:30 P.M. on Tuesday, January 22, 1985, In the CouncIl Chambers. Roll Call: Present: Mayor ChrIstIne E. Reed Mayor Pro Tempore WIllIam H. JennIngs Councllmember James P. Conn Councllmember Ken Edwards (entered durIng Closed SeSSIon) Councllmember David G. Epstein Councllmember Herbert Katz Councllmember DenniS Zane City Attorney Robert M. Myers City Clerk Ann M. Shore ADJOURNED CITY COUNCIL MEETING CLOSED SESSION: Presented was a request for Closed Session, for the purpose of consIderIng a personnel matter, adjourned from January 15,1985. At 6:31 P.M., Councilmember EpsteIn moved to adjourn to Closed Sess Ion. Second by Counc llmember Zane. The motIon was approved by unanimous vote. CounCIl reconvened at 7:15 P.M. with all members present. Mayor Reed announced that no action was taken. A recess was held. ADJOURNMENT: At 7:30 P.M., adjourn the adjourned regular Second by Councllmember Katz. unanimous vote. Councllmember Epstlen moved to meetIng of the City CounCIl. The motIon was approved by REGULAR CITY COUNCIL MEETING A meetIng of the Santa MonIca City CounCIl was called to order by Mayor Reed at 7:31 P.M. Councllmember Zane led the assemblage In the pledge of allegiance to the UnIted States of AmerIca. Reverend Cur tl s Rlngness, As sembly 0 f God Church, offer ed the Invocation. Roll Call: Present: Mayor ChrIstine E. Reed Mayor Pro Tempore WIlliam H. Jennings Councllmember James P. Conn Councllmember Ken Edwards 1 January 22, 1985 46 Councllmember DaVId G. EpsteIn Councllmember Herbert Katz Councllmember DennIS Zane CIty Manager John Jallll CIty Attorney Robert M. Myers CIty Clerk Ann M. Shore Mayor Reed moved to add I terns 14-G J 14-H and 14-1 to the agenda. Second by Councilmember EpsteIn. The motIon was approved by unanimous vote. SPECIAL JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY A special Joint meeting of the CIty Council and the Redevelopment Agency was called to order by ChaIrperson Reed at 7:32 P.M. Roll Call: Present: ChaIrperson ChrIstIne E. Reed ChaIrperson Pro Tempore William H. JennIngs Agency Member James P. Conn Agency Member Ken Edwards Agency Member DaVId G. Epstein Agency Member Herbert Katz Agency Member DennIS Zane Executive Secretary John Jalill Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore CC/RA-1: APPROVAL OF MINUTES: Presented for approval were the minutes of Redevelopment Agency meetIngs held AprIl 24, May 8, May 22, June 19, June 26, August 14, August 28, September 4, September 11, and October 9, 1984. Councllmember Epstein moved to approve the minutes as presented. The motIon was duly seconded and approved by unanImous vote, With abstentIons recorded as follows due to absence from the meetIng( s): Agency Member Edwards abstaIned In regard to approval of the minutes of May 8 and August 14, 1984; Agency Member Conn abstaIned in regard to August 28 and September 4, 1984; Agency Member Zane and ChaIrperson Pro Tempore Jennings abstaIned In regard to September 11, 1984 and ChaIrperson Reed abstaIned in regard to August 14, 1984. CC-RA-2: DOWNTOWN AND OCEAN PARK PROJECTS/PROMISSORY NOTES: Presented was a staff report recommending that CIty CounCIl approve renewal of SIX PromIssory Notes to the Redevelopment Agency, two for the Downtown Project and four for the Ocean Park Project; and that Redevelopment Agency approve and authorIze the ChaIrperson to execute such notes extending the loans for the 1985 calendar year. DiSCUSSIon was held. Councllmember Conn 2 January 22, 1985 I I I I 47 moved to agree to renew the six loans to the Redevelopment Agency as presented. Second by Councllmember EpsteIn. The motIon was approved by the followIng vote: Council Vote: Unanimously approved 7-0 Agency Member EpsteIn moved to approve and authorIze the ChaIrperson to execute the six Promissory Notes between the Agency and the CIty extending the loans for thIS calendar year. Second by Counc Ilmember Conn. The motion wa s approved by the followIng vote: Agency Vote: UnanImously approved 7-0 ADJOURNMENT: adjourn the Member Katz. AT 7:42 P.M., Agency Member EpsteIn moved to Redevelopment Agency meetIng. Second by Agency The motIon was approved by unanImous vote. REGULAR CITY COUNCIL MEETING RECONVENED 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all Items are consIdered and approved In one motIon unless removed from the Calendar for discussIon. Councllmember EpsteIn moved to approve the Consent Calendar wIth the exceptIons of 6-A, 6-F and 6-G. The motion was duly seconded by approved by the following vote: CouncIl Vote: UnanImously approved 7-0 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6962(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-C: SANTA MON ICA AIRPORT: Or d inance No. 1326 (CCS) en titled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 1 OF ARTICLE X OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE SANTA MONICA AIRPORT," was adopted, havIng been Introduced on January 8, 1985. 6-D: MAIN STREET SPEED LIMIT: OrdInance No. 1327(CCS) entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 3347A TO ESTABLISH A THIRTY MILES PER HOUR SPEED LIMIT ON MAIN STREET FROM THE SOUTH CITY LIMITS TO OCEAN PARK BOULEVA RD," was adopted, hav Ing been Introduced on January 8, 1985. 6-E: PHYSICALLY HANDICAPPED PARKING lONE: Resolution No. 6963(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE 3 January 22, 1985 48 CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE ADJACENT TO 815 10TH STREET," was adopted. 6-H: RAIL RESERVE authorize the C~ty Understanding, beIng Los Angeles County ProposI tlon A Local amount of $504,916. FUND: A recommendatIon was approved to Hanager to execute a Memorandum of Contract No. 4359(CCS), between the City and Transportation CommIssion to establish a Return RaIl Reserve Fund in the InItial 6-1: DUMP TRUCK: Bid No. 1985 was awarded to Santa Monica Ford In the amoun t of $33,718. 16 for purchase of a low profi 1 e dump truck for the Tree MaIntenance DIvIsion. 6-J: PAINT SUPPLIES: Bid No. 1987 was awarded to SInclaIr PaInt Company In the amount of $29,370.44 for purchase of paInt and paInt supplies for varlOUS departments. 6-K: EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY: ResolutIon No. 6g66(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL TRANSFORMER EQUIPMENT LOCATED AT 2601 MAIN STREET, SANTA MONICA," was adopted authorIzing the CIty Manager to execute the document for constructIon and maintenance of electrical transformer eqUIpment requIred to accommodate expansIon of the Ocean Park LIbrary. 6-L: TRANSPORTATION FACILITY: A recommendatlon was approved to amend. Contract No. 4204(CCS) with Lukas Wendel for resIdent engineering serv~ces to assist with completion of the construction of the new transportat1on facill ty and deSIgn and constructIon of asphalt pavement for the bus yards in an amount not to exceed $25,000. END OF CONSENT CALENDAR 6-A: MINUTES: Presented for approval were mInutes of CIty Counc 11 meetings 0 f Dee ember 4, 1984 j December 11, 1984 i January 8, 1985; and January 15, 1985. DI SCUSSlon was held. Councilmember Epstein moved to approve the minutes of December 4, 1984, January 8, 1985, and January 15,1985, as presented, and the mInutes of December 11, 1984, corrected on page 7, the second tI Counc 11 Vo te" regardIng not wa i v Ing the rules to allow publIC participatIon on Councllmember Items, to indicate that Counc l.lmember Zane voted in the negatl. v e, (r ather than Councllmember Katz). Second by Councllmember Katz. The motIon was approved by unanImous vote. 6-F: SIDEWALKS 1 DRIVEWAYS AND CURBS (SR 85-59): Presented was a staff report transmitting a resolutlon repeallng Resolut~on No. 4 January 22, 1985 I I I I 49 6952(CCS) and settlng a publIC hearing for February 26, 1985, on the assessment of costs of sIdewalk repaIrs. DISCUSSIon was held. Councllmember Conn moved to adopt ResolutIon No. 6964(cCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NO. 6952 AND SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-85-59)," readIng by tItle only and wal v lng fur ther read lng thereof. Second by Counc ilmember EpsteIn. The motIon was approved by the followIng vote: CouncIl Vote: UnanImously approved 7-0 6-G: GUTTER/STREET REPAIR: Presented was a staff report transmIttIng a resolution repealing ResolutIon No. 6953(CCS) and setting a publIC hearIng for February 26, 1985, to confirm gutter installation and street resurfacing assessments on Colorado between 9th and 14th Street, Marine between LIncoln and 150 feet west of LIncoln, PIer between LIncoln and 160 feet west of Llncoln, and PI er between Ma In and Ne Ilson Way. Councilmember Conn moved to adopt Resolution No. 6965(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 6953 AND SETTING A DATE TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR GUTTER INSTALLATION AND STREETS RESURFACING ON VARIOUS CITY STREETS," readIng by tItle only and walvlng further readIng thereof. Second by Councilmember Katz. The motIon was approved by the followIng vote: Council vote: UnanImously approved 7-0 a-A: PARKING AND BUSINESS IMPROVEMENT/MAIN STREET AREA: Presented was a staff report transmIttIng an ordInance for In troduct ion and first read lng amendIng Ord inance No. 1303 (CCS) to Include additIonal buslnesses in the MaIn Street ParkIng and BUSIness Improvement Area. The publlC hearIng was declared open at 7:48 P.M. Phyllis Barnard and Steven Breltbart spoke In support of the proposed ord lnance. There beIng no one else wlshlng to speak, Councilmember Epstein moved to close the public hearIng at 7: 51 P. M. Second by Counc ilmember Conn. The motion was approved by unanlmous vote. Councilmember EpsteIn moved to Introduce for first reading an ordInance entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 1303 (CCS) TO INCLUDE ADDITIONAL BUSINESSES IN THE MAIN STREET PARKING AND BUSINESS IMP ROVEMENT AREA," read lng by tl tIe only and walvlng further reading thereof. Second by Councllmember Conn. The motIon was approved by the followIng vote: CouncIl Vote: UnanImously approved 7-0 5 January 22, 1985 50 8-8: LICENSING AND IMPOUNDMENT OF DOGS: Presented was a staff report transmitting an ordInance for Introduction and fIrst readIng regardIng lIcensing and Impoundment of dogs In conformance wIth State law. The publIC hearing was declared open at 7:52 P.M. Harold McCaffery spoke In support of the ordInance and enforcement of cleanIng of dog litter. There being no one else wishing to speak, the publiC hearing was declared closed at 7: 56 by Mayor Reed. CouncIlmemher Conn moved to introduce for fIrst reading an ordInance entI tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 4114 AND 4117 OF THE SANTA MONICA MUNICIPAL CODE REGARDING LICENSING AND IMPOUNDMENT OF DOGS IN CONFORMANCE WITH STATE LAW," reading by tItle only and waiVIng further readIng thereof. Second by Councllmember EpsteIn. The motIon was approved by the followIng vote: CouncIl Vote: Unanimously approved 7-0 9-A: MEMORANDUM OF UNDERSTANDING/SANTA MONICA FIREFIGHTERS ASSOCIATION: ConSIdered after Closed SeSSIon. 9-8: MEMORANDUM OF UNDERSTANDING/MUNICIPAL EMPLOYEES ASSOCIATION: ConSIdered after Closed SeSSIon. 1 O-A: SOCIAL SECURITY AND MEDICARE FUNDS: Presented was the recommendation of the Commission on Older AmerIcans urging CouncIl opposItion to proposed SOCIal SecurIty and MedIcare reductions. Daniel Cohen, on behalf of the CommIssion on Older AmerIcans, spoke requestIng that CouncIl communIcate WI th legIslators urgIng that they oppose freezes In the SOCIal SecurIty and Medicare benefit plans. DiscussIon was held. Councllmember Edwards moved to authorIze the Mayor to transmI t the concerns of the CommIssIon on Older Americans to Santa MonIca's Congressman and two Senators. Second by CouncIlmember Katz. CouncIlmember EpsteIn moved a substitute motIon to authorIze the CommIssion on Older Americans to communIcate Its v Iews on thI s sub J ec t to the approprIate author i ty. Second by Mayor Reed. DIScussIon was held. The SUbStl tute motIon failed by the followIng vote: Council Vote: AffIrmatIve: CouncIlmembers and Mayor Reed Epstein, Jennings Negative: CouncIlmembers and Zane Conn, Edwards, Ka tz After dIScussion, the main motion was approved by the followIng vote: 6 January 22, 1985 I I I I 51 Council Vote: AffIrmative: CouncIlmembers Conn, Jennings, Katz and Zane Edwards, NegatIve: CouncIlmember Epstein Reed Mayor and 11-A: PARKING STRUCTURE NO.2: Presented was a staff report recommending approval of lease terms and procedures for the commerCIal space In ParkIng Structure No.2, and dIrecting the CI ty At torney to prepare the necessary 1 ease documen t. DIScussIon was held. CouncIlmember Epstein moved to approve the staff report, thereby approvIng the lease terms and procedures for the commerCIal space In ParkIng Structure No.2 and directIng the CIty Attorney to prepare the necessary lease document. Second by Mayor Reed. After dIScussIon, the motIon was approved by the followIng vote: CouncIl Vote: AffIrmatIve: Councllmembers Conn, Epstein, JennIngs, Katz and Mayor Reed NegatIve: CouncIlmember Zane AbstaIn: CouncIlmember Edwards 11-B: COUNSELING SERVICE/LOWER INCOME TENANTS AND LANDLORDS: Presented was a staff report recommendIng approval of an allocatIon 0 f $45,000 for counselIng serv Ices for lower Income tenants and landlords in Santa MonIca. DISCUSSIon was held. Barbara Blanco, on behalf of LAFLA, spoke In support of providIng theIr expertIse and serVIces. DIScussIon was held. Councllmember Zane moved to approve the staff recommendat1.on, thereby allocating $44,000 to LAFLA (Legal Aid Foundation of Los Angeles) for serv1.ces; approving the workplans and budget for the Counsel1.ng ASsIstance Project; authorIzIng the CI ty Manager to execute Contract No. 4362 (CCS) I the stand ard Gr an tee Agreement, wIth LAFLA; approvIng the Lower-Income Landlord Legal RepresentatIon Voucher ProJect; and allocatIon of $1,000 to that Project account. Second by CouncIlmember EpsteIn. DurIng dIScussIon, Mayor Pro Tempore JennIngs moved an amendment to modify ObJective 1 of the Program DescriptIon ("ProvIde dIrect courtroom and Santa MonIca Rent Control Board representatIon for elIgIble clIents.") In such a way as to prOVIde that there will be representation of low Income landlords and tenants concernIng both eVIctIon proceedIngs and proceedIngs before the Rent Control Board; to modIfy ObJectlve 2 ("ProvIde elIglble clients whose cases are not retained for representatIon WIth a pro per packet of Information and forms.") to make I t clear that - the word "clients" Includes both landlords and tenants; and, to modlfy the voucher system, keepIng the same $1,000, so that the money will be provlded In such amounts as necessary whenever there IS a 1 January 22, 1985 52 d1rect confl1ct. Second by Councllmember Katz. DurIng d1Scussion, Mayor Pro Tempore Jenn1ngs wIthdrew the amendment. Mayor Pro Tempore Jennings moved an amendment to the descript10n under ObjectIve 1 to delete the sentence In the m1ddle of the f1rst paragraph that says, "In additIon, the project w1ll represent clients wIth mer1tor1ous cases before the Santa MonIca Rent Control Board."; further J to delete the words "and Santa MonIca Rent Control Board" In the next paragraph 1n the sentence that reads "IndIviduals' papers will be prepared on forms acceptable to the Santa MonIca MunIcipal Court and the Santa MonIca Rent Control BoardJ SImIlar to the forms currently prepared by the EV1ctIon Defense Center for courts throughout Los Angeles County.". After dISCUSSIon, the amendment failed by the following vote: CouncIl Vote: AffIrmat1ve: Councllmembers JennIngs and Katz NegatIve: Councllmembers Conn, Edwards, EpsteIn, Zane and Mayor Reed After dIScussion, the maIn motIon was approved by the followIng vote: CouncIl Vote: AffIrmatIve: Councllmembers Conn, Edwards, Epstein, Zane and Mayor Reed NegatIve: Councllmembers JennIngs and Katz Mayor Pro Tempore Jennings and Councllmember Katz requested the record to reflect theIr negatIve votes in that they do not belIeve the recommended program is balanced enough in its approach. 11-C: HOMELESS PEOPLE: Continued to January 29, 1985. 11-0: FEBRUARY 12, 1985 COUNCIL MEETING: Presented was a request for dISCUSSIon of a CouncIl meeting date to replace the regular meetIng date of February 12, 1985, WhICh IS a HolIday. Councllmember Edwards moved to contInue the regular CouncIl meetIng scheduled for February 12J 1985 (a HolIday) to Tuesday, February 19, 1985. Second by Counc Ilmember Conn. Counc Ilmember EpsteIn moved a subStl tute motIon to contInue the Fe bruar y 12, 1985, regular meeting and hold a specIal meeting on February 12, 1985, to conSIder items that may exist. The motIon failed for lack of a second. After dIScussion, the maIn motIon was approved by a vote of SIX In favor, Councllmember EpsteIn opposed. A recess was held at 9:15 P.M. CouncIl reconvened at 9:25 P.M. WIth all members present. 8 January 22, 1985 I I I I J.:S 11-E: CLOSED SESSION: Held later In the meetIng. 12-A: OUTPATIENT SURGICAL FACILITY/1508 ARIZONA AVENUE: Presented was a staff report transmi tting an appeal from the dec IS10n 0 f the PI ann Ing Comml ssion to deny an applIcatIon to perm 1 t removal of three vacant residentIal bUIldIngs and constructIon of an outpatIent surgical facility at 1508 ArIzona; Applicant/Appellant Jerrold MartIn Sherman, M.D. DIScussIon was held. Counc ilmember Epstein moved to gran t the appllc an t ten mInutes to present the appeal and to hear from members of the publiC for three minutes each. Second by Councilmember Conn. The motion was approved by unanImous vote. Christopher Harding, attorney for the applicant/appellant, and William Brantley, architect for the applicant/appellant, descrIbed the changes that have occurred In the design and scope of the proJect Since It was submitted to and denied by the Planning CommIssion, and spoke In support of approval. Discussion was held. Member of the publiC Bruce Stern spoke In OpposItIon to the proJect. Mark Wallen, Wayne Winter, Milton Kasiloff, Violet Lee, and Dorothy Shoemaker spoke In support of the proJect. BIll Welngarden spoke to suggest that the project be reconsidered by the PlannIng CommissIon. After dISCUSSIon, Councilmember Epstein moved to allow a three mInute rebuttal perIod to hear from the appl ican t/ appell ant. Second by Councllmember Katz. The motion was approved by unanimous vote. Christopher HardIng, attorney for the appl icant/appellan t, spoke regard lng findings and condItIons submItted by member of the publiC BIll WeIngarden, on behal f of Mld-CI ty Ne ighbors As soc Ia tIon ; letter dated January 19, 1985, addressed to the CIty CounCIl. During discusson, Councilmember Katz moved to approve the variance and Development Review No. 275, IncludIng the conditions submitted by MId-CIty NeIghbors with the exception of the Indemnification to cable users due to serVice ~nterruption. Second by Councilmember Epste~n. Dur~ng d~ScussIon and with the consent of the second, Councilmember Katz Included In the motion the standard conditions outlined in the staff report dated January 22, 1985. During dIScussIon and with the consent of the second, Councllmember Katz reVised the motlon to Include the suggestlon of the CIty Attorney to approve the proJect and varIance subJect to flndings and conditIons to be returned to the CI ty Councll at their next regularly scheduled meetIng. DiSCUSSIon was held. At 10:53 P.M., CouncIlmember Conn moved to extend the meet i ng past 11: 00 P. M. Second by Mayor Pro Tempore J enn Ings. The motlon wa s approved by a vote of 51 x ~n favor, Councllmember Epstein opposed. During discussIon, Councilmember Conn moved a Substitute motIon to deny the appeal Without preJudIce and remand the project to the PlannIng COmmISS1.0n for consideratlon. Second by Mayor Pro Tempore Jennings. Durlng dIScusslon and With the consent of the second, Councllmember Conn 9 January 22, 1985 54 Included In the substitute motion a note that the project does not need to wa 1 t on the HOSpI tal Spec 1 flC Plan process. I DISCUSSion was held. Councilmember Epsteln moved an amendment to the substi tute motIon to Indicate that the Councll approves of the project conceptually. Second by CouncIlmember Katz. During dIScussion, Councilmember Katz withdrew hIS second; therefore the amendment failed for lack of a second. After dIScussIon, the substitute motIon was approved by the followIng vote: CouncIl Vote: AffIrmatIve: Councllmembers Conn, Edwards, JennIngs, Katz, Zane and Mayor Reed Negative: Councilmember EpsteIn 12-B: CONDITIONAL USE PERMIT/3100 MAIN STREET: Presented was a staff report transmIttng an appeal from the decIsIon of the Plannlng Commi ss Ion to approve Cond 1 tIonal Use Permi t 371 for a 130 sea t restaur ant at 3100 Ma In Street (Zone CM4), Appellan t Councilmember James P. Conn. DISCUSSIon was held. Councilmember Conn, appellant; Al Ehringer, developer of the property at 3100 Main Street; and Gary Oien, project manager, spoke In oppositIon to the condItIons placed on the project other than those already covered by the Main Street Plan, IncludIng CondItIon No.1, a requlrement that a minlmum of 3,000 square feet of ground floor lease space be deslgnated for neighborhood servIng uses. Member of the public Laurel Roennau spoke regardIng concerns about the negatIve Impacts of a project of thIS SIze. Dora Ashford spoke in support of approval WI thout the proposed requIrement. DlScussion was held. CouncIlmember Conn moved to grant the appeal, modlfYlng the decIsIon of the PlannIng CommIssIon In regard to CondItIon No.1, SubstItuting language agreed upon by both the developer and the Ma In Street Committee 0 f the Ocean Park Community OrganIzation as contained In the staff report dated January 22, 1985, entItled "Addendum to Staff Report on MaIn Street Restaurant CondItIonal Use Permit Appeal (Item 12-B)," (WhICh condItIon reads as follows: "In order to correct the imbal ance noted In fInd lng 3, a portion 0 f ground floor retaIl lease space shall be designated for leasing to non-food related neIghborhood servIng uses as set forth In SMMC SectIon 9119B2 ("Ma In Street PI an") in the followl ng ord er of pr l.OrI ty: I (a) NeIghborhood convenience stores and serVIces currently not located on MaIn Street, specifl.cally a pharmacy, hardware store, key shop, print shop, shoe repair, bIcycle repaIr shop, and newstand. (b) Neighborhood convenIence stores and serVIces WhIch are now located on MaIn Street, but of WhICh there is not an oversupply, speclflcally a second-hand store, book shop, photo processing shop, florIst or plant nursery, laundromat, dry cleaners, repaIr shop for household equIpment, gymnaSIum or dance stud io t pet store, theater or aud 1 tor 1. urn Wl th fewer than 75 seats, taIlor or dressmaker, statIonary store, fIsh and/or meat 10 January 22, 1985 I I 55 market only, upholsterer's shop, medical or dental clInIcs. FallIng that, (c) General retaIl uses not listed above. When 75% of the ground floor retail space IS leased, before any business lIcense IS granted for any use not specifIed In (a) or (b) above, applicant shall report to the PlannIng Commission at a publiC hear lng to d escr lbe ItS leaSing process and why 1 twas unable to provide any of the uses l1sted In (a) or (b) above. If, however, any of the uses Ii sted In (a) and (b) above are prOVided In the 75% already leased, no report to the PlannIng CommISSIon WIll be requIred. When the project IS fully leased, 1 f none of the uses listed In (a) or (b) above are prov ided In thIS project, the Planning CommIssion wIll make fIndings, after a public hearIng, as to whether or not Applicant has made all good faIth efforts to comply wIth the reqUIrements of this conditional Use Permit. If the Planning CommIssion fInds that Applicant has not met the reqUIrements of thIS CUP, the matter will be referred to the CIty Attorney for a decIsIon on whether or not to revoke thIS permit.") further, to authorize the staff to prepare fIndIngs and condItIon for adoptIon at a subsequent CounCIl meeting. Second by Councilmember Ka tz. After dIScussIon, the motion was approved by the following vote: CounCIl Vote: UnanImously approved 7-0 1 4-A: FAIR ELECTION PRACTI CES COMMISSION: Presented wa s the matter of appOIntment of a member to the FaIr ElectIon PractIces CommIssIon, vacancy to be filled by random draWIng pursuant to MunIcipal Code SectIon 11203. Member of the publIC John Jurenka drew the name of AnIta Paleologos from the box includIng all nomInatIons receIved. Therefore, Anita Paleologos was appOInted to the FaIr ElectIon Practices CommIssion for a term expIrIng June 30, 1985. 14-8: LANDMARKS COMMISSION: Presented was a resignation from Landmarks CommissIon Member Barton Phelps. Councilmember Epstlen moved to accept the resignatIon and authorIze the CIty Clerk to publIsh a notice InvitIng applIcations to fIll the vacancy. Second by Councllmember Katz. The mot1on was approved by unanImous vote. 14-C: ARCHITECTURAL REVIEW BOARD: Presented was the request of Councllmember Katz to dISCUSS the process by which the ArchItectural RevIew Board bases Its comments and decisions. Councllmember Katz Introduced dIScussIon. Councllmember Katz moved to urge the ArchItectural RevIew Board to move in a expeditIouS manner to submIt deciSIon guidelInes to CounCIl. Second by Councllmember EpsteIn. Councllmember Katz included In the motIon the suggestion of Councllmember EpsteIn to dIrect staff to communicate the Council. S action to the Architectural RevIew Board. The motIon was approved by unanImous vote. 1 1 January 22, 1985 56 14-D : REGULATION OF BUILDING DEMOLITIONS: Pr esen ted was the request of CouncIlmember EpsteIn to dISCUSS a request for staff to report on buildIng demolItIons regulatIons. Councllmember I EpsteIn Introduced dIScuSSIon. Councllmember EpsteIn moved to dIrect staff to report on the Issue of bUIldIng demolitions addressing public safety J protection of aesthetIC values, and reVIew to Insure that landmarks are not destroyed. Second by Councllmember Katz. After dIScuSSIon, the motIon was approved by unanimous vote. 14-E: OIL DRILLNG/PACIFIC PALISADES: Presented was the request of CouncIlmember Katz to discuss Los Angeles CIty CouncIl's and Mayor Bradley's approval of alloWIng oil drilling In PacIfic PalIsades. CouncIlmember Katz Introduced discuSSIon. CouncIlmember Zane moved to communicate Councll's dismay with the Mayor of Los Angeles and Los Angeles CIty Council In regard to theIr deciSIon to allow 011 drilling in PacIfic PalIsades, direct staff to InvestIgate options for supportIng the presumed laWSUIts involved and how CouncIl mIght playa supportIve role there, and report on the cost and tImeliness of getting a hydro-geologist to aSSIst the CIty in gettIng InformatIon about the aquifer Issues. Councilmember Zane Included In the motIon Mayor Reed's suggestIon to dIrect staff to report on a tIme frame and the amount of work needed toward developIng a good oppOSItion program to put before the Coastal CommI ss ion. Second by Coune ilmember Ka tz. After dIScussion, the motIon was approved by unanImous vote. 14-F: HOMELESS PEOPLE: ContInued to June 29, 1985. 14-G: USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Reed to dISCUSS waIvIng the fee for the use of the Council Chamber by the New Motor VehIcle Board on February 8, 1985. Mayor Reed moved to approve the request. Second by CouncIlmember Conn. The motIon was approved by unanImous vote. 14-H: COUNCIL LIAISONS: Presented was the request of Mayor Reed to change apPoIntments of CouncIl lIaIson to the Personnel Board and the Arts CommIsSIon. Mayor Reed appointed Councilmember Conn as lIaIson to the Personnel Board (formerly Arts Commission) and Mayor Pro Tempore JennIngs as lIaIson to the Arts CommIssion (formerly Personnel Board), at theIr requests. I 14-1: CITY ATTORNEY SALARY: Presented was the request of Mayor Reed to report regardIng salary negotIations with the CIty Attorney. DurIng dISCUSSIon, Councilmember Edwards moved to approve the recommendation of the CouncIl subcommItte (Councllmember Conn and Mayor Reed) that the CIty Attorney receIve a ten percent salary Increase retroactIve to July 1, 1984, and that staff be authorized to execute any necessary 12 January 22, 1985 I I 57 documents. Second by CouncIlmember Epstein. After dIScussIon, the motion was approved by the following vote: CouncIl Vote: UnanImously approved 7-0 11-E, 9-A AND 9-B: CLOSED SESSION; EMPLOYEE MEMORANDA OF UNDERSTANDING (FIREFIGHTE RS ASSOC IA TION AND MUN I C I PAL EMPLOYEES ASSOCIATION): Presented was a request for Closed SessIon for the purpose of consIdering personnel matters and threatened lItIgatIon, pendIng lItIgatIon and litigatIon to be commenced by the CIty. At 12:19 A.M., CouncIlmember EpsteIn moved to adJourn to Closed Session to consIder the following pendIng cases: Magid vs. Cl ty of Santa Monica, Santa MonIca SuperIor Court Case No. WEC 75870; Serra vs. Cl ty of Santa MonIca, Los Angeles SuperIor Court Case No. C 68495; Floyet vs. Cl ty of Santa MonIca, Santa MonIca Superior Court Case No. WEC 86057; Wayne vs. CIty of Santa MonIca, Santa MonIca Superior Court Case No. WEC 79544; Ross vs. Ci ty of Santa MonIca, Santa Monica SuperIor Court Case No. WEC 59823; Jones vs. CI ty of San ta Monica, Santa MonIca SuperIor Court Case No. WEC 082967; Brown & HaskIn vs. Ci ty of Santa MonIca, Los Angeles SuperIor Court Case No. C 67913; Morales vs. CIty of Santa MonIca, Santa MonIca SuperIor Court Case No. WEC 87565; Welch vs. CI ty of Santa Monica, Los Angeles Munic ipal Court Case No. F 77380; CollIns vs. CIty of Santa Monica, Claim No. MBL 84-230; Thompson vs. City of Santa Monica, ClaIm No. MBL 84-230; Toomer VS. CI ty of Santa MonIca; Claim No MBL 84-230; TIffany vs. CIty of Santa Monica, Santa MonIca Superior Court Case No. WEC 80963; Shell 011 Company vs. CIty of Santa Monica, UnIted States District Court Case No.CV 82 2362 RJK (Gx); Goldway vs. CIty of Santa MonIca, Los Angeles SuperIor Court Case No. C 487521; and CalIfornIa AVIatIon vs. CIty of Santa Monica, United States DIstrict Court Case No. CV 84-6985 (CMB) (Ex). Second by CouncIlmember Conn. The motIon was approved by unanImous vote. CouncIl reconvened at 12:44 A.M., wIth all members present. Counc Ilmember EpsteIn moved to adopt ResolutIon No. 6967 (eeS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONCIA AUTHORIZING THE CITY ~1ANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA F IREFIGHTERS ASSOCIATION (LOCAL 1109 IAFF), " read lng by ti tl e only and waiving further readIng thereof, awardIng Contract No. 4360(CCS). Second by CouncIlmember Katz. The motion was approved by the following vote: CouncIl Vote: UnanImously approved 7-0 Counc Ilmember Epstein moved to adopt ResolutIon No. 6968 (CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION," readIng 13 January 22, 1985 58 by title only and waiving further reading thereof, awardlng Contract No. 4361(CCS). Second by Councllmember Zane. The motlon was approved by the followlng vote: Council Vote: Unanimously approved 7-0 ADJOURNMENT: At 12:50 A.M., Councllmember Katz moved to adjourn the meetlng to Tuesday, January 29, 1985, at 6:00 P.M. for the purpose of holdlng a Closed Session to conslder pendlng litlgatlon and to 7:30 P.M., Tuesday, January 29, 1985, to consider Items 11-C and 14-F regardlng the Homeless lssue. Second by Councllmember Epstein. The motion was approved by unanlmous vote. ATTEST: APPROVED: flb k:.1;=~_J.~ ~~lstlne E. Reed Mayor /' /" ) l_rJ .. ~ . ! r. . j' r <\ 1 ,,_ ., ~_ _/7,""""""...- " ' " XA~ .~ Ann M. Shore Clty Clerk 14 January 22, 1985 I I