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M-5/14/1980 CITY OF SA~TA MO~ICA CITY COUKCIL PROCEEDI~GS May 14, 1980 The adjourned meetlng of the Santa Monica City Council was called to order at 7:45 P.~. by Mayor Bambrick. Roll Call: Present. Mavor John Bambrick Mayor Pro Tempore Yannatta Goldway Councilmember William Jennings Councilmember Christlne Reed (arrived at 10'15 P.M.) Councilmember Cheryl Rhoden (arrived at 8'02 P.M.) Councllmember Perry Scott City Manager Charles K. McClain Assistant City Attorney Stepehn Stark Acting City Clerk Clarlce E. Johnsen Councllmember Pieter van den Steenhoven City Attorney Richard Knlckerbocker Agenda Item 7-D: Presented for consideratlon at thls time was the appeal of R. Spicer from actlon of the Planning Commission to deny extension of the Tentative Tract Map Ko. 37338, a 6-unit condominium converSlon at 1307 Elghteenth Street. A staff report was presented. Tom Nlttl, representatlve for the owner addressed the Council. Mayor Pro Tempore Yannatta Goldway moved to accept the staff recommendatlon, deny the appeal and affirm the decislon of the Planning Commlssion. Second by Councllmember Jennlngs. Absent: Councilmember Rhoden reported present at 8:02 P.M. Council Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Scott and Mayor Bambrick Absent. Councllmembers Reed and van den Steenhoven Abstain: Councilmember Rhoden Agenda Item 7-E: Presented for conslderation at thlS time was the appeal of Ocean Park Community Organlzation for action of the Planning Commission in grantlng of a vested rlght under the Main Street Moratorium for ap proposed ice cream store at 207 Hlll Street. A staff report was presented. Mayor Pro Tempore Yann~tta G~ldway moved that the appeal be granted and the action of the Planning Commission be reversed. Marianne Booetz addresed the Council. The motion was seconded by Councilmember Jennings. Council Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Rhoden and Mayor Bambrick Negatlve: Councilmember Scott Abs ent: Councilmembers Reed and van den Steenhoven Agenda Item 8-A: Presented for consideratlon at this time was an ordlnance for introduction establishing physlcally handicapped parklng zone. A staff report was presented. The public hearlng was opened at 8'08 P.M. by order of Mayor Bambrick. There belng no one present in the audience wlshing to speak, Councllmember Rhoden moved to close the public hearing at 8:10 P.M. Second by Councilmember Jennings. Counell Vote: Unanimously approved 5-0 Absent: Councilmembers Reed and van den Steenhoven 1 361 Appeal of R. on Tentative ~lap 37338 wa Decision of CoIl1ffilSSlOn T regardmg PI- lee cream st Hlll St. Ordinance int regarding ph)' !handicaped pC! 'zone I ~fter Council dlScussion, Mayor Pro Tempore Yannatta Goldway moved to 'lntroduce an ordinance entl tIed: "A..t~ ORDINANCE OF THE CITY COU:'\!CIL OF I THE CITY OF SA~TA MO:'\!ICA ADDING SECTIOK 3366A TO ARTICLE III OF THE SANTA ~OXICA MUKICIPAL CODE SETTIKG FORTH THE DEFINITION, RESTRICTION AND I DESIGNATION PROCESS FOR PHYSICALLY HANDICAPPED ZONES", with the foHm-nng i modlflcations: Under Section 1, third paragraph: A Physically Handi- I capped Zone may be established by Resolution of Cl ty Council "upon request of an indlvldual and the consideration of the Parking and Traffic Englneer, or upon recommendation of Traffic Englneer, If either of the factors exist: (1) Curb parklng is insufficent due to heavy area parklng;" Second by Councilmember Jennings. Councll Vote: Unanimously approved 5-0 I "I Absent: Councilmembers Reed and van den Steenhoven ion of the. Agenda Item 10-A: Presented for consideration at thlS time was a JlIlllllSSlon to; recommendatlon of the Planning Commlssion to direct the Ci ty Attorney to Clty Attor- prepare an ordinance for new condomlnium and apartment standards. A ,are an staff report was presented. ~jayor Pro Tempore Yannatta GOld"ay moved to or new hear the publlC for three mlnutes each. Second by Councilmember Rhoden. and apart- rds denied Councll Vo te: Unanimous ly approved 5 - 0 Ie conside- III II"lay Z7, Absent: Councilmembers Reed and van den Steenhoven. The following people addressed the Councll: Clyde Jones, Michael Lillie, Wllber Miller, James Mount, Joe Palazzolo, John Hult, Kathleen McKay and Dennls Zane. Lengthy dlscussion by Council followed. ~ayor Pro Tempore Yannatta Goldway moved to direct the City Attorney and staff to prepare an ordinance for public hearlng including the elght recommendation of the Planning Commission and that a ninth recommendatlon be added to lnclude the language of the Planning Commisslon regardlng inclusionary z.oning be addded as follows: "10 percent of the units in a proJect of 6 units or less and 25% of the unlts ln a project of 7 units or more be sold or rented to nersons of low or moderate income with suitable deed restrlctlons to assure the retention of that category as long as possible' , and further that those unlts designated as low or moderate income houses have attached to them some sort of density bonus such as reduced parklng Or reduced plumbing, etc. Second by Councilmember Rhoden with an amendment that staff be instructed to prepare a report regarding in lleu of fees, WhlCh clearly states what the costs are to developers and the report also explore incentive methods to promote construction and that the report be brought back at the next Council meetlng. After discussion regarding the tlme involved to prepare a staff report Mayor Pro Tempore Yannatta Goldway withdrew her motion. Mayor Pro Tempore Yannatta Goldway moved to direct the staff to prepare the ordinance with the Plannlng Commission recommendations presented at the next meeting. Second by Councilmember Rhoden. Councilmember Rhoden moved that the City Attorney investigate the requlrements of the SubdlVlsion ~ap Act as they apply to solar access, and if required affer language to the Councll at the time of the Ordlnance's flrst reading that will keep the City in compllance with the act. ~ayor Pro Tempore Yannatta Goldway accepted the amendment. Discusslon followed. Councilmember Rhoden moved to remove the amendment prevlously made and moved an amendment to request the City Attorney to prepare a report for consideratlon at the first meetlng ln July. :layor Pro Tempore Yanntta Goldway accepted the amendment. Council- member Rhoden stated for the record that she \,i1l be voting ";'\0" on the motlon because the standards are not in compliance with elther the Subdivision Map Act or appllcable to solar rights or to the Housing Element of the General Plan of the City of Santa Monica. The motion failed by the following vote: Councll Vote' Affirmative: Counc~lmembers Yannatta Goldway, Jennings and Mayor Bambrick Negati ve: Counci1members Scott and Rhoden Absent: Councilmembers Reed and van den Steenhoven 2 Councllmember Jennings moved to direct the Planning Commisslon to hold hearlngs in regard to denslty bonues and other incentlves and report back to City Councll their findings and recommendations. Second by Councilmember Rhoden with an amendment that it be referred to the I Housing Commlssion for their recommendations also. Councllmember Jennlngsll agreed to the amendment. Council Vote: Unanlmously approved 5-0 Absent' Councllmembers Reed and van den Steenhoven Agenda Item 10-B: presented for consideratlon at this time was a recommendation of the Technlcal Appeals Boards on present and forthcoming vacanCles. Councilmember Jennlngs moved that they direct the City Clerk to advertise for these vacancies in the usual manner. Mayor Pro Tempore Yannatta Goldway seconded the motlon. CounC11 Vote: Unanimously approved 5-0 Absent: Councilmembers Reed and van den Steenhoven Agenda Item 10-C: Presented for conslderation at this tlme was the request of the Commlssion on Older Americans for approval of a written endorsement of "Adopt a Grandparent Program. Mayor Pro Tempore Yannatta Goldway moved to concur with the Commission's request to write to the Santa Monlca School Dlstrict favorlng the "Adopt a Grandparent Program". Second by Councilmember Rhoden. Council Vote: Unanimously approved 5-0 Absent: Councllmembers Reed and van den Steenhoven Agenda Item 10-D: Presented for consideratlon at this time was a request from the Commission on Older Amerlcans for approval of a written request to the Board of Education regarding the use of school facilitles for a temporary Social Securlty office. Mayo~ Pro Tempore Yannatta moved that the staff work with the commlssion to see if there was a better way to go as there is available Some new information on this relocation. Second by Councllmember Rhoden. Council Vote: Unanimously approved 5-0 Absent: Councilmembers Reed and van den Steenhoven Agenda Item II-A: Presented for consideration at thlS time was an executive seSSlon for the purpose of dlscussing pendlng litlgation and lnstructing City representatives concernlng salaries, salary schedules or compensation pald ln the form of fringe benefits. The executive session was held at the end of the meetlng wlth the followlng action taken: Councilme8ber Reed moved 1. The CounCll conflrm the appointment of Ann Shore as Clty Clerk at' salary Step C, with a review after six months. 2. The Clty Manager was authorlzed to seek proposals for an executlve search flrm for Finance Dlrector for a cost not to exceed $6,000 plus expenses. Second by Councilmember Scott. Council Vote: Unanimously approved 4-0 Absent: Councilmembers Yannatta Goldway, Rhoden and van den Steenhoven Councilmember Reed moved 3. That the City Manager be authorized to pay the sum of $12,782 to Herman Selvln Law Flrm for work ln the Pine case. Second by Councilmember Scott. Council Vote: Unanimously approved 4-0 Absent. Councilmembers Yannatta Goldway, Rhoden and van den Steenhoven 3 363 Staff to adv._ for vacancie~ the Technical Boards Corrunlssion (II .Amerlcans fo I of a \,Tl tten ment of "Ador Grandparent i approved Request of C, on Older .:\me I for approval \,Ti tten Teqv' regardlng us. School facil for temporar: Security off referred to .Wl. Shore ap! Clty Clerk, , Step C. City illanager proposals fo tive search Finance Dlre, Ci ty t-lanager to pay firm f, case 64 ~lOO, 000 of 'nce reten- Ie Schuyler msel , litigate 111 Case. ler Reed to drilling Sacramento Squares Itlllued budget on Councilmember Reed moved 4. to authorlze a pledge of $100,000 of the self-insurance retentlon for the Schuyler Case. Second by Councllmember Scott. Council Vote: Unanimously approved 4-0 Absent: Councilmembers Yannatta Goldway, Rhoden and van den Steenhoven Councllmember Reed moved 5. to authorlze the Clty Attorney to retain outside counsel to litigate the Harrlson case. Second by Councilmember Scott. Council Vote: Unanimously approved 4-0 Absent' Councilmembers Yannatta Goldwav, Rhoden and van den Steenhoven . ~ayor Bambrick announced that the trip in regard to the oil drilling authorlzed for Washington D. C., has been changed to Sacramento and that Councllmember Reed wlll be attending. Agenda Item 12-D: Mayor Pro Tempore Yannatta Goldway moved to consider Agenda Item 12-D at this time. Second by Councilmember Rhoden. Councll Vote: Unanimously approved 5-0 Absent: Councilmembers Reed and van den Steenhoven Presented for consideration at thlS tlme was the request of Richard C. Stephens, Presldent of Red Ribbon Squares to address the Council regarding the rental fees for use of ~arine Park Auditorlum. Mr. Richard Stephens, addressed the Council. By Council consent ~r. Stephens was instructed to i come back before the Councll at the public hearing on the budget on June ! 10, 1980. ~o actlon was taken. ! i Councllmember Reed reported present at 10:15 P.M. ldressed I Agenda Item 12-A: Presented for consideratlon at this time ,.as a request 'arding of Danlel Cohen to address the Council regardlng the establishment of a 'IIt of Pubh~Publlc Safety Commisslon. Danlel Cohen addressed the Council. A staff "isslon i report was presented. Councilmember Jennings ,.as excused from the meeting at 10:30 P.M. D1Scussion by Council followed. No action was ; taken. Councilmember Jennings reported present at the meeting at 10:35 ! p, YI. 110ved Proposition 'l111g for sons o time of ,ideratlOn Jrasail ecelved Agenda Item l2-B: Presented for conslderation at thlS time was the request of Trusse Norris, Commissioner of the Callfornia State Park and Recreation Commission, to address the Council regarding support of Proposition 1. Mr. Norris was unable to be present at the meeting. Councllmember Reed moved to support Propositlon I on the ballot. Second by Mayor Pro Tempore Yannatta Goldway. Council Vote: Unanimously approved 6-0 Absent: Councllmember van den Steenhoven Agenda Item 12-C: Presented for consideration at thlS tlme was the request of Judy Gewertz, Coordinator of Peer Counselllng for Elderly Persons, to address the Council regarding a walver of fees for the use of Recreation and Parks Department facilitles. Mr. Gewertz, representlng his wife Judy Gewertz, addressed the Council. Councll discussion followed. Mr. Gewertz was asked to appear during the public hearing portlon of the budget consideration in regard to this mattter. No actlon was taken. Agenda Item l2-D: Discussed ear1ler in the meeting. Agenda Item l2-E: Presented for consideratlon at thlS time was the request of Todd R. Howell to address the Councll regarding a proposed parasail operation by Ferguson/Rodriquez. Councllmember Reed moved to 4 receive the request. Second by CouncIlmember JennIngs. CouncIl Vote: Unanimously approved 6-0 Absent: Councilmember van den Steenhoven Agenda Item 12-F: Presented for conSIderatIon at this time was the request of Brian Bennett, representative of the Save Our Bay Committee, to address the CouncIl regarding a rally to be held Sunday, ~ay 18, 1980. BrIan Bennett addressed the CouncIl. CouncIlmember Reed moved to authorize the use of the northwest corner of the beach parking lot for the rally, with the area not to exceed 3S parking spaces and that the rally be kept nonpartIsan. Second by Councilmember Jennings. CounCIl Vote: UnanImously approved 6-0 Absent: Councilmember van den Steenhoven Agenda Item 13-A: Presented for conSIderation at thIS time was the appointment of a CommISSIoner to the Recreation and Parks CommiSSIon. CouncIlmember Reed moved to nominate LInda Evans. Mayor Bambrick moved to nominate Doris Davis. On a call for a vote on the nominations. Councilmember Yannatta Goldway, Jennings, Reed and Rhoden voted for Linda Evans. Councilmember Scott and Mayor BambrIck voted for Doris Davis. Linda Evans was appointed to the RecreatIon and Parks Commission for a term expiring June 30, 1980. Agenda Item l3-B: Presented for consideration at this time was a request of CouncIlmember Reed for discussion regardIng airport fees and airport property rental rates. CouncIlmember Reed moved to direct the staff to reVIew the real propert~-rental' rates ~nd hangar rental rates and to ask the AIrport CommIssion to gIve theIr advice regarding mOVIng the Saturday and Sunday curfew hours from 7.00 A.~. to 9:00 A.M. and asked that this report be given to them durIng the budget session, and further authorIzed the City Attorney and the Acting City Attorney to procure the services of the legal lease specialist to review the present aIrport leases which have been carried over to 30 day tenancy. Second by Hayor Pro Tempore Yannatta Goldway. Councll.member Rhoden moved to hear the public. Mayor Bambrick seconded the motion. The motion failed by the following vote' , ColUlcil Vote: Afhm~tlve COlUlcilmember Rhoden and i-Iayor BambrIck I :.iegatlve: COlUlcilmembers Yannatta Goldway, Jennings, Reed and scot~ Absent. COllllCllmember van den Steenhoven I The main motion was approved by the following vote: CounCIl Vote: Unanimously approved 6-0 Absent: CouncIlmember van den Steenhoven Mayor Pro Tempore Yannatta Goldway moved to continue the meeting past 11:00 P.M. Second by Councilmember Reed. Council Vote: Unanimously approved 6-0 Absent: Councilmember van den Steenhoven 365 Save Our Bay to hold raIl) I Linda Evans . to Recrea tiOl Parks Commis' Airport fees discussed at time Agenda Item l3-C: Presented for consideration at thIS time was a requestiDlscussion of for diSCUSSIon by ~fayor Pro Tempore Yannatta Goldway regarding the report tof items refe enti tled "Status of Items Referred to Staff as of Nay 6, 1980". Discussiot;L staff ,vas held regarding the report. No action was taken. ; i CouncIlmember Reed requested Agenda Item 10-A be placed on the next agenda! for consideration when she could be present. Council concurred. Agenda Item l3-D: Presented for conSIderatIon at thIS time was a request by Councilmember Rhoden :for diSCUSSIon regarding the preparation 5 prepare e requHing to regIster g of hemicals of an ordinance requIrIng disposed wIthin the City. for three minutes. Mayor motion. the disclosure of toxic chemicals used and CouncIlmember Rhoden moved to hear the public Pro Tempore Yannatta Goldway seconded the Council Vote: Affirmative: Councilmembers Yannatta Goldwav, Jennings, Rhoden, Scott and Mayor Bambnck Negative: Councilmember Reed Absent: Councilmember van den Steenhoven i The following persons addressed the Council' :'Iurry Stillwell, Ralph Bravel, Allana Namrnon, Thomas Bell and Dee Edwards. Councilmember Rhoden stated i for the record that 421 postcards had been receIved In support of the ordinance and one had been received in opposition to the ordinance. Councilmember Rhoden proposed Alternate Ko. 3 and moved that they instruct the City Attorney to draft an ordinance along the lInes proposed at the February 26, 1980 meeting adopting the third recommendation which would requIre 1,000 busInesses who hold busIness licenses engaged in manufactur- ing or proceSSIng operations in the sale of chemIcals and other toxic substances at retail or wholesale and other uses of hazardous substances such as gasoline statIons and dry cleaners etc., to file a disclosure requirement and further added that they should fInd out how the hazardous materIal IS beIng disposed of in the CIty and how much of It is disposed of into the CIty'S sewer systeN. Second by Mayor Pro Tempore Yannatta Goldway. CouncIlmember Scott moved a substitute motion that the City Attorney be directed to prepare an ordinance requiring the registration of businesses who dispose of hazardous chemicals and the method they use for dIsposal, excluding chemicals contaIned in packaged products sold in retail or wholesale stores. Second by CouncIlmember Reed. Council Vote: Unanimously approved 6-0 Absent: Councilmember van den Steenhoven Councilmember Scott moved to adjourn to executIve session at 12:37 A.M. Second by CouncIlmember Reed. Council Vote: Unanimously approved 6-0 Absent: CouncIlmember van den Steenhoven The Council reconvened at 1:30 A.M. with Councilmembers Jennings, Reed, Scott and Mayor Bambrick present. CouncIlmembers Yannatta Goldway, Rhoden and van den Steenhoven absent. For action taken at executive session see Agenda Item II-A. There being no further bUSIness for Council consideratIon Mayor Bambrick , adjourned the meeting at 1:39 A.M. in memory of Bessie CarrIllo, wife , of OttIe Carrillo and In memory of Davida Montgomery Lonsdale, Wayne Harding's mother. ATTEST: APPROVED. i~~ Cl~rice E. Johns~n, CMe Acting City Clerk , c ( /'\~~lj h"' ~ ~,( / /1-_.~-~ :."' ~... / l>(';t{AA.JJ I I ,>, LtfL.i,J~ .' Jpnn Bambrick / ~avor - f ' 6