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M-5/4/1982 . . . . 295 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 4, 1982 ,A meeting of the Santa MonLca City Council was held on Tuesday, May 4, 1982, continued from April 27, 1982, for a special joint meeting with the Redevelopment Agency and to consider items remaining from the agenda of April 27, 1982. At 7:39 P.M., Mayor Yannatta Goldway called the meeting to order and led the assemblage in the pledge of allegiance to the UnLted States. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards (entered at 7:55 P.M.) Councilmember James P. Conn Councilmember William H. Jennings (entered at 9,30 P.M.) Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane CLty Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Act Lng City Clerk Connie L. McNeely 'LINCOLN PROPERTY COMPANY: A special Joint meeting of the City Council and Redevelopment Agency was held for the purpose of presenting a public hearing on the off-site amenities resulting .1 from a settlement agreement with Lincoln Property Company. The staff report was presented. Councilmember Zane moved to hear members of the public for three minutes each. Second by Councilmember Reed. The motion was approved by unanimous vote. 'The following persons spoke in regard to the matter: Karin Paliy, Sherman L. Stacey, Wayne Hall, Mrs. Robert E. Lee, Bernice Marshall, Liucija Baskauskas, Linas Baskauskas, C. J. Jones, David Schechtman, Susan Cloke, Patrician McCarthy, Philip Anaya, Roberta Schulman and Harry Shearer. (Mayor Pro Tempore Edwards entered at 7:55 P.M.) Discussion was held. Councilmember Zane moved to have staff develop a work plan and to include, as part of the planning process, a meeting in the Ocean Park neighborhood which would be facilitated by alternatLve schematics for comments by members of the public in regard to specifLc virtues or deficiencies of different ideas. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings Mayor Yannatta Goldway requested that the neighborhood meeting be noticed, in additLon to in the Evening Outlook newspaper, at beach parking lots, schools, and community centers. 1 May 4, 1982 296 . At 8:34 P.M., Councilmember Conn moved to adJourn the Redevelopment Agency. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings Councilmember Zane moved to add Items ll-C and l4-E to the agenda. Second by Councilmember Conn. The motion was approved by unanimous vote. The following matters were considered, having been continued from April 27, 1982 or added to the agenda. Councilmember Press moved to hear Item l4-E. Second by Councilmember Conn. The motion was approved by unanimous vote. l4-E: IMMIGRATION AND NATURALIZATION SERVICE OPERATION JOB: Presented was the request of Mayor Yannatta Goldway for a discussion and possible adoption of a resolution condemning the Immigration and Naturalization Service "Operation Job" raids of the week of April 25, 1982. Arturo Hernandez, of the Latino Resource Organization, spoke in regard to the matter, calling on Council to act upon a resolution condemning the Immigration and Naturalization Service "Operation Jobu raids. Councilmember Conn moved to hear members of the public wishing to speak on the matter for three minutes each. Second by Councilmember Zane. The motion was approved by unanimous vote. Edward Ortega and Marian Rodriquez, both of the Latino Resource Organization, spoke in support of a resolution condemning the raids. John Jurenka spoke in regard to the matter of considering City business in a timely manner. Further discussion was held. Mayor Yannatta Goldway moved to adopt Resolut10n No. 6480(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA URGING AN END TO OPERATION JOBS," by title only and to direct the City Attorney to develop the language of the resolution, expressing the concerns of the Council. Second by Councilmember Conn. 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 Reed requested that the record reflect that she could not vote for a resolution without having the language before her and, therefore, voted no on the resolution by title. Councilmember Reed moved to hear Item l4-C. Second by Councilmember Press. The motion was approved by unanimous vote. 2 May 4, 1982 . . . . . 297 l4-C: DEMONSTRATION OPPOSING PRESIDENT'S FOREIGN AND DOMESTIC POLICY: Presented was the request of Councilmember Conn for endorsement of the May 25, 1982 demonstration, organized by the Federation for Progress and a coalition of other organizations, opposing the president's foreign and domestic policy. Councilmember Conn spoke in regard to the matter. Councilmember Reed moved to hear members of the public for three minutes each. Second by Councilmember Conn. The motion was approved by unanimous vote. The following persons spoke in opposition to a Counc1l endorsement of the demonstration: Clo Hoover, Phoebe O'Ne1l, Ed Littig and Jacquelyn Rockefeller. Further discussion was held in which Council decided against official endorsement of the demonstration opposing the President's foreign and domestic policy. 10-A: THELMA TERRY CENTER: Presented was a recommendation of the Recreation and Parks Commission to designate Virginia Avenue Park Community Center as the Thelma Terry Center. Discussion was held. (Councilmember Jennings entered at 9:30 P.M.) Fred Allingham spoke in support of the recommendation. Councilmember Zane moved to approve the recommendation, thereby designating the Virginia Avenue Park Community Center as the Thelma Terry Center, after a local resident who devoted her life to serving the young and old in the community. Second by Mayor Pro Tempore Edwards. Following further discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Il-C: SAND AND SEA CLUB: Presented was a staff report transmitting a recommendation regarding the Sand and Sea Club structure demoliton and the criteria submitted to the State Legislature. Discussion was held. Councilmember Zane moved to approve the staff recommendation to oppose the State Legislative Analyst's recommendation for the demolition of the Sand and Sea Club structures and to reinforce the position supporting the criteria for the request for proposals to seek bids for the use of the Sand and Sea Club property which was submitted to the State !Legislature; and to make telephone calls to influential members of ; the Senate Finance Committee, which would be hearing the matter, to ; convey the City's position and to recommend, as a fall back 'position, a continuance of the matter. Second by Mayor Pro Tempore 'Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Further discussion was held. Later in the meeting, Councilmember Reed moved to author1ze Ernie Powell, of the Recreation and Parks Commission, to represent the Council with Don Arnett~ Director ?f Recreation and Parks, before the Senate F1nance Comm1ttee, and 1n any other capacity he deemed appr?priate, in r7gar? to the Sand and Sea Club criteria, and that the C1ty pay for h1s t1cket to Sacramento. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 3 May 4, 1982 298 . 12-B: INTERIM DEVELOPMENT PERMIT NO. DR 038: Presented was a staff report transmitting an appeal from the decision of the Planning Commission to grant Interim Development Permit No. DR 038 for the construction of a three story commercial/residential building at 1415 Sixth Street. Discussion was held. Councilmember Zane moved to approve Interim Development Permit No. DR 038 for 1415 Sixth Street with the restriction on the residential units that they continue to be utilized as residential units and for no other purpose, and that the Architectural Review Board would assure that the design of the residential portion specifically included appropriate bathroom facil~ties, including ventilat10n windows and the like; and with the cond1tion that under Resolution No. 6385(CCS), a development fee of $69,633.68 would be required in connection with the approval of this project. The City of Santa Monica is currently enJoined from enforcing the provisions of such resolution relating to fees. If the City of Santa Monica prevails in the case of United Brotherhood of Carpenters and Joiners of America, et al. v. City of Santa Monica, et al., Los Angeles Superior Court, Case Number WEC 069227, such fee (or any lesser fee required by any subsequently adopted ordinance) shall be due and payable within 90 days of the date that City of Santa Monica is no longer subject to such inJunction. Second by Mayor Yannatta Goldway. Discussion was held. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Further discussion was held. Councilmember Zane moved to direct staff to prepare a report with recommendations regarding amendments to the interim development guidelines to assure that reasonably designed residential units are part of the residential requirements in appropriate zones of the City. Second by Councilmember Press. with the understanding that staff would be reporting on the subject of the interim guidelines and Ordinance No. 1220(CCS), and with the request of the City Attorney that Council first address the issues to be raised in that upcoming report before considering specific amendments to Resolution No. 6385(CCS) regarding interim development guidelines, Councilmember Zane withdrew the motion. 12-C: INTERIM DEVELOPMENT PERMIT NO. DR 039: Presented was a staff report transmitting an appeal from the decision of the Planning Commission to grant Interim Development Permit No. DR 039 for the construction of a six unit condominium at 933 Ninth Street. Stephen Jones, representing the developers Beroukhim, Nosrat~an, and Sabar, spoke in support of the Planning Commission's decision. Discussion was held. Mayor Yannatta Goldway moved to approve the staff recommendation, thereby denying Interim Development Permit No. DR 039 without prejudice, and specifying that, upon the adoption of a housing element, the matter would be rescheduled before the Planning Commission without the need to file a new . 4 May 4, 1982 . . . . . 299 application. The mot~on died for lack of a second. Mayor Pro Tempore Edwards moved to uphold the decision of the Planning Commission and to approve Interim Development Permit No. DR 039 for the construction of a six unit condominium at 933 Winth Street. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jenn~ngs, Reed and Zane Negative: Mayor Yannatta Goldway Abstain: Councilmember Press Councilmember Zane moved to adopt the standard findings necessary under Ordinance No. l220(CCS) to approve an Interim Development Permit. Second by Mayor Yannatta Goldway. The motion was approved by the fOllowing vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed 12-0: INTERIM DEVELOPMENT PERMIT NO. DR 040/Z0NING ADMINISTRATION CASE NO. 4502: Presented was a staff report transmitting an appeal from the decision of the Planning Comm1ssion to grant Interim Development Permit No. DR 040 and Zoning Administration Case No. 4502 for an office addition and parking variance at 2953 Lincoln 'Boulevard. Mayor Pro Tempore Edwards moved to approve the staff recommendation, thereby approving Interim Development Permit No. DR 040 with the conditions imposed by the Planning Commission and the condition that under ReSOlution No. 6385(CCS), a development fee of $968.63 would be required in connection with approval of this development. The City of Santa Monica is currently enJoined from enforcing the Resolution as related to fees. If the City of Santa Monica prevails in the case of United Brotherhood of Carpenters and Joiners of America, et al. vs. City of Santa Monica, et al., Los Angeles Superior Court Case No. WEC 069227, such fee (or any fee as may be adJusted by any SUbsequently adopted ordinance) shall be due and payable within 90 days of the date that the City of Santa Monica is no longer subJect to the injunction. Second by Mayor Yannatta Goldway. Discussion was held. The mot~on was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Counci1members Jennings and Reed 12-E: INTERIM DEVELOPMENT PERMIT NO. DR 046/Z0NING ADMINISTRATION CASE NO. 321. C.U.P.: Presented was a staff report transmitting an 5 May 4, 1982 300 . appeal from the decision of the Planning Commission to grant Interim Development Permit No. DR 046 and Zoning Administration Case No. 321 C.U.P. for a fast-food and take-out restaurant at 1721 Broadway. Discussion was held. John Dunne, representing the applicant Elizabeth Burns, spoke in support of the Planning Commission decision. Following discussion, Mayor Pro Tempore Edwards moved to approve Interim Development No. DR 046 with cond~tions, particularly those limiting the hours of operation and specifying area clean up, and to grant a Conditional Use Permit. Second by Councilmember Reed. Discussion was held. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Edwards, Reed and Zane Negative: Councilmembers Conn, Jennings, Press and Mayor Yannatta Goldway Mayor Yannatta Goldway moved to approve the staff recommendation that consideration of the development be deferred until such time that the zone change to R2 as proposed by Resolution No. 6385(CCS) is resolved, and to deny without prejudice Interim Development Permit No. DR 046 and the Conditional Use Permit until further review. Second by Councilmember Press. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Edwards and Reed 12-F: INTERIM DEVELOPMENT PERMIT NO. DR 050: Presented was a staff report transm~tting an appeal from the decision of the Planning Commission to grant Interim Development Permit No. DR 050 for a change of use from manufacturing to mini-storage at 3250 Olympic Boulevard. Michael Greenhut spoke in support of the decision of the Planning Commission. Discussion was held. Sam Spencer and Robert Ridgley also spoke in support of the decision of the Planning Commission. Following discuss1on, Mayor Yannatta Goldway moved that Interim Development Permit No. DR 050 be granted without development fees on the finding that the development was determined to be a renovation based on the fact that the company was relocating from one location to another and establishing interior improvements. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Press 6 May 4, 1982 . . . . . 301 Councilmember Conn moved to continue the meet1ng past 11:00 P.M. Second by Councilmember Zane. The motion was approved by a vote of 6-1, Councilmember Reed opposed. 12-G: VESTED RIGHT CLAIM NO. M-083: Presented was a staff report transmitting a claim for Vested Right No. M-083 by Delores and William Putnam to construct six condominium units at 2336 Twenty-eighth Street. John Kaufman spoke in support of the claimant. Discussion was held. Councilmember Zane moved to support Vested Right Claim No. M-083 to construct six condominium units at 2336 Twenty-eighth Street. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Jennings, Reed and Zane Abstain: Mayor Yannatta Goldway 14-A: SENIOR HOT LUNCH PROGRAM: Presented was the request of Councilmember Jennings for a discussion of strategies for increasing attendance at the Senior Hot Lunch Program. Councilmember Jennings opened discussion. It was suggested to staff, in regard to the Senior Hot Lunch Program, that there be ;more public service announcements and that more advertisements, ; displays, and notices be placed in buses, the Seascape, neighborhood organization newsletters, and churches. 14-8: SOCIAL INVESTMENT POLICY: Presented was the request of ,Councilmember Press for a status report on the City's social :1nvestment policy. Councilmember Press opened d1scussion. Following discussion, Mayor Yannatta Goldway moved to direct staff to report on the matter of the City's social investment policy in July 1982. Second by Councilmember Press. The motion was approved by the following vote: council Vote: Unanimously approved 7-0 14-D: COMMUNITY COLLEGE WEEK: Presented was the request of Councilmember Conn for a discussion of a proclamation designating the second week in Mayas Community College Week. Councilmember Conn opened discussion. Mayor Yannatta Gold~ay moved to adopt Resolution No. 6479(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING MAY 9, 1982 THROUGH MAY 15, 1982 AS COMMUNITY COLLEGE WEEK." Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Il-B: CLOSED SESSION: At 11:40 P.M., Councilmember Conn moved to recess to Closed Session to consider pending litigation and personnel matters. Second by Councilmember Zane. The motion was approved by unanimous vote. Council reconvened at 12:05 A.M. with the following members present: Mayor Pro Tempore Edwards, Councilmembers Conn, Jennings, Press, Reed and Zane. 7 May 4, 1982 302 . LO~~ TO CITY MANAGER: Councilmember Conn moved to approve a loan to the City Manager in the sum of ~220,OOO. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Mayor Yannatta Goldway ADJOURNMENT: At 12:07 P.M. Mayor Pro Tempore Edwards moved to adJourn the meeting in memory of Dorothy Mikesell. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 ATTEST: C./J)L'>J~ 011 ~ ~ Connie McNeely Acting City Clerk Absent: Mayor Yannatta Goldway ~vrnl . ( R"th~ ~:~t~ MaYOr~: . . 8 May 4, 1982 .