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M-6/1/1982 . . . . 323 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 1, 1982 The Santa Mon1ca City Council met in study session on Tuesday, June 1, 1982, for the purpose of d1scuss1ng the proposed 1982-1983 Fiscal Year City Budget. Mayor Pro Tempore Edwards called the session to order at 3:16 P.M. Present: Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane C1ty Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Acting City Clerk Connie McNeely Absent: Mayor Ruth Yannatta Goldway Councilmember William H. Jennings Staff presented a general introduction and overV1ew of the proposed 1982-83 Fiscal Year City Budget. The follow1ng portions of the ,proposed budget were reviewed: Revenue Estimates/Reserves, INon-Departmental (comprehensive self-insurance, retirement, interfund transfers, and non-assignable), City Council, and City !Manager. The study session was recessed at 5:09 P.M. A meeting of the Santa Monica City Council was called to order by Mayor Yannatta Goldway at 7:37 P.M., Tuesday, June 1, 1982, having been continued from May 25, 1982. Mayor Yannatta Goldway led the ,assemblage in the pledge of allegiance to the United States of IAmerica. ! Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Acting City Clerk Connie ~cNeely Absent: Councilmember W1lliam H. Jennings Councilmember Conn moved to add Item 8-F to the agenda. Second by Councilmember Press. Discussion was held. Councilmember Reed requested that the record reflect that she would vote against 1 June 1, 1982 324 . adding Item 8-F to the agenda because she did not believe it was appropriate, even if it was legal--which she questioned, to have an ordinance for final reading on the same agenda continued, on which that ordinance was approved for first reading; and that she believed that a weeks time period was not an adequate amount of time for the community to be aware of this. Following discussion the motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings councilmember Conn moved to add Items ll-G and 14-F to the agenda. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. . 8-B: COASTAL DEVELOPMENT PERMIT: Presented was a staff report transmitting an ordinance for introduction requiring the issuance of a Coastal Development Permit prior to the issuance of building and demolition permits. The public hearing was declared open at 7:44 P.M. There being no one wishing to speak, Councilmember Zane moved to close the public hearing at 7:45 P.M. Second by Mayor Pro Tempore Edwards. The motion was approved by unanimous vote. Councilmember Zane moved to introduce an ordinance entitled: "AN ORDIN~~CE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 8110 TO THE SANTA MONICA MUNICIPAL CODE REQUIRING A COASTAL DEVELOPMENT PERMIT PRIOR TO ISSUANCE OF CERTAIN PERMITS," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 8-c: ARTS COMMISSION: Presented was a staff report transmitting an ordinance for introduction creating an arts commission. The public hearing was declared open at 7:48 P,M. Naomi Stephan spoke in support of the ordinance. Councilmember Reed read a communication from Paul Leaf, Chair of the Arts Task Force, in support of the ordinance. Discussion was held. At 7:51 P.M., Councilmember Conn moved to close the public hearing. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Councilmember Conn moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING AN ARTS COMMISSION," reading by title only and waiving further reading thereof. Discussion was held. With the consent of the second, Councilmember Conn amended the motion to add a sentence after Section 2931 (b)(8) and before Section 2931(c) stating that "commissioners may represent more than one of the disciplines . 2 June 1, 1982 . . . . . 325 1ndicated above," as suggested by the city Attorney, and to change ; the wording of Section 293l(c) to read, "No Commissioner shall I serve more than two full consecutive terms," as suggested by Mayor Pro Tempore Edwards. Councilmember Reed requested that the record reflect that she would not vote for the ordinance because, though she supported an arts commission which is a private, non-profit entity that perhaps gets its start-up funds from the C1ty, but which is not an entity attached to the City, she did not think that the arts generally ,benefit from direct involvement by politicians 1n the political [process. She thought that they benefit more when there's a hands-off kind of situation, and for that reason did not support !this structure. The motion was approved by the following vote: ; Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings I ,S-D: GLASS CONTAINERS ON BEACH: Presented was a staff report transmitting an ordinance for introduct10n prohibiting the possession of glass containers on Santa Monica Beach. The public ,hearing was declared open at 8:05 P.M. Speaking in regard to the 'ordinance were Maxine Bernard Shear, Jim Heimler, and John Jurenka. At 8:16 P.M., Councilmember Conn moved to close the public hearing. Second by Councilmember Zane. The motion was approved by unanimous vote. Discussion was held. Councilmember Reed moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4204b TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING THE POSSESSION OR USE OF GLASS CONTAINERS IN CERTAIN AREAS OF THE CITY," reading by title only and waiving further reading thereof. Following further discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings Mayor Yannatta Goldway requested that the City Manager prepare a staff report on educational activities concurrent with the implementation of the ordinance. S-E: PREFERENTIAL PARKING: Presented was a staff report transmitting an ordinance for introductlon establishing Preferential Parking Zone C (Second and Third Streets between Ocean Park Boulevard and south City limits and Beach Street, Hill Street, Ashland Avenue, pier Avenue, and Marine Street between Second and Third Streets). Discussion was held. The public hearing was declared open at 8:26 P.M. John Jurenka spoke in regard to the matter. There being no objection, the public hearing was closed at 3 June 1, 1982 326 . 8:30 P.M. Discussion was held. Councilmember Conn moved to refer the matter to staff for review and analysis and for consideration of including Fourth Street; to provide for notification to affected residents and merchants; and to inform Councilmembers of the previous record on this item. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 8-F: INTERIM DEVELOPMENT PROCEDURES: Presented was a staff report transmitting an ordinance for adoption extend1ng with modifications the interim development procedures, introduced May 25, 1982. Councilmember Zane moved to adopt Ordinance No. 1251(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING WITH MODIFICATIONS INTERIM DEVELOPMENT PROCEDURES," reading by title only and waiving further reading thereof. Second by Councilmember Press. Discussion was held. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings Councilmember Reed requested that the record reflect that it was not appropriate or fa1r to rush the ordinance through in the manner which it had been. 9-A: DRAFT REGISTRATION: Presented was a staff report transmitting a resolution urging an end to draft registration. Discussion was held. Councilmember Zane moved to adopt Resolution No. 6490(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA URGING AN END TO DRAFT REGISTRATION," reading by title only and wa1ving further reading thereof, amend1ng the fourth WHEREAS clause to read as follows: "WHEREAS, the reinstitution of the draft is not necessary for the defense of the United States, but is only necessary to compel service in armed conflicts that may not have the support of the people of the United States and lie outside the scope of legitimate requirements of national defense." Second by Councilmember Conn. Further discussion was held. With the consent of the second, Councilmember Zane included in the motion an addition to the language of the third WHEREAS clause, amending it to read: WHEREAS, thousands of young Americans drafted into the Armed Forces against their will died in an undeclared and meaningless was in Southeast Asia. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway 4 June 1, 1982 . . . . . 327 Negative: Councilmembers Edwards and Reed Absent: Councilmember Jennings 9-B: MILITARY SERVICE INFORMATION: Mayor Pro Tempore Edwards moved to adopt Resolution No. 6491(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA URGING LOCAL SCHOOLS TO PROVIDE ADEQUATE INFORMATION CONCERNING MILITARY SERVICE," reading by title only and waiving further reading thereof. Second by Councilmember Conn. Following discussion, included in the motion with the consent of the maker and the second, was the City Attorney's suggestion to substitute the last WHEREAS clause of the resolution with a clause reading: "WHEREAS, students of Santa Monica Hlgh School and Santa Monica College have requested that the City Council urge Santa Monica High School and Santa Monica College to make time and facilities available for alternative sources of information regarding enlistment, alternative service, registration, and the drafL" The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Abstain: Councilmember Reed Absent: Councilmember Jennings Wayne Hall, a member of the public, spoke in regard to the resolution. Il-B: THETA CABLE/GROUP W CABLE: Presented was a staff report transmitting a recommendation to schedule a public hearing regarding the Theta Cable of California franchise and agreement, ,and merger into Group W Cable (Westinghouse). Speaking in regard to the matter were Heather Ball and Frank McNellis. Mayor Yannatta Goldway moved to direct the City Manager to review possible adjustments in the franchise, including increased services, and to report back to Council on a process which would assure both expert advice and the participation of City residents and neighborhood groups in decis~ons regarding the altering of the cable system, if so decided. Second by Councilmember Conn. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings Mayor Yannatta Goldway moved to approve the recommendation to schedule a public hearing regarding Theta Cable of California franchise and agreement, and merger into Group W Cable (Westinghouse) for June 29, 1982. Following discussion, the motion was approved by the following vote: 5 June 1, 1982 328 . council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings ll-G: BUDGET STUDY SESSIONS: Presented was a recommendation to adJourn the meeting to 2:00 P.M. on June 2, 1982 for a budget study session. Discussion was held, Councilmember Reed moved that any adjournment of the meeting to a date specific would be for the sole purpose of budget study sessions and that future adJournments of the same meeting continued through the week would also be for the sole purpose of budget study sessions. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings l4-A: BEER AND WINE LICENSE: Presented the request of Councilmember Conn for a discussion of rescinding opposition to an off-sale beer and wine license for the "The Perfect Setting" on Main Street. Discussion was held. Councilmember Conn moved to continue the item to June 22, 1982 and to direct staff to report on the matter. Second by Councilmember Press. Following further discussion, Councilmember Conn included in the motion, with consent of the second that Ocean Park Community Organization and the Main Street Merchant's Association be notified in regard to the matter. The motion was approved by the following vote: . Council Vote: Unanlmously approved 6-0 Absent: Councilmember Jennings l4-B: RENT CONTROL BOARD LIAISON: Presented was the request of Councilmember Zane for a discussion of the function of the Council liaison to the Rent Control Board. Following discussion, it was decided that the Mayor would write a letter to the Chair of the Rent Control Board indicating Council support for a regular meeting schedule with two Council liaisons, and asking whether the Rent Control Board would agree to such a thing in principle. l4-C: RESIDENTIAL ENERGY EFFICIENCY STANDARDS: Presented was the request of Mayor Yannatta Goldway for a discussion of the adoption of a resolution supporting proposed residential energy efficiency standards. Discussion was held. Mayor Yannatta Goldway moved to adopt Resolution No. 6492(CCS) entitled: "A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF TITLE 24 RESIDENTIAL BUILDING STANDARDS," reading by title only and waiving further reading thereof. The motion was approved by the following vote: . Council Vote: unanimously approved 6-0 Absent: Councilmember Jennings 6 June 1, 1982 . . . . . 329 114-0: NATIONAL LOW INCOME HOUSING COALITION: Presented was the request of Mayor Yannatta Goldway for a discussion of support for the National Low Income Housing Coaliton's letter to the President urging Congress to maintain the nation's commitment to meeting the housing needs of low income people. Discussion was held. Councilmember Conn moved to authorize the Mayor to write a letter Ito President Reagan on behalf of Counc~l in support of the National Low Income Housing Coalition's letter. The motion was approved by 'the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings Councilmember Reed requested that her name not be 1ncluded on the letter. '114-F: OFF-SHORE OIL DRILLING: Presented was the request of Mayor Yannatta Goldway to join with the Sierra Club in its lawsuit :against the Interior Department regarding off-shore oil drilling. Mayor Yannatta Goldway moved to direct the City Attorney to investigate the lawsuit and to participate in it if determined to be within the economic resources and legal interests of the City. ,The motion was approved by the following vote: I i Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings Icouncilmember Conn moved to extend the meeting past 11:00 P.M., if 'necessary, in closed session. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. 11-0: CLOSED SESSION: At 10:02 P.M., Councilmember Conn moved to recess to closed session for the purpose of considering pending ,lit~gation and personnel matters. The motion was approved by 'I unanimous vote. Council reconvened at 10:24 P.M. with the ,following members present: Councilmembers Conn, Edwards, Press, 'Reed, Zane and Mayor Yannatta Goldway. CASE NO. WEC-05969: Mayor Yannatta Goldway moved to approve payment of $62,500 in settlement of Case No. WEC-05969, Schuyler vs the City. The motion was approved by the following vote: I . Council Vote: Unanimously approved 6-0 7 June 1, 1982 330 . Absent: Councilmember Jennings ADJOURNMENT: At 10:26 P.M. Mayor Yannatta Goldway moved to adjourn the meeting to 2:00 P.M. on June 2, 1982 for the purpose of holding a budget study session; adjournment to be in memory of Jack Guercio. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings ATTEST: C tWl;: VfY/ ~ ~ Connie McNeely Acting City Clerk {;!;4D; ~ Mh ~ ~;~('dW.Y U MaYO~'JG; . . 8 June 1, 1982 .