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M-5/5/1981 . . . . CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS MAY 5, 1981 A meeting of the Santa Monica City Council was called to order by Mayor Yannatta Goldway at 5:34 P.M., Tuesday, May 5, 1981, hav1ng been continued from April 28, 1981. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember Dolores M. Press (entered during Closed Session) Councilmember Christine E. Reed Councilmember Dennis Zane City Manager Charles K. McClain Acting City Attorney Robert M. Myers Assistant City Attorney Stephen Stark City Clerk Ann M. Shore Absent: Councilmember William H. Jennings ~IRPORT LAND USE: Councilmember Zane moved to adJourn to Closed Session ,for the purpose of discussing pending litigation. continued from April 28. 1981. Second by Councilmember Conn. The motion was approved by unanimous vote: At 7:20 P.M., the Councilmembers reconvened with the following iCouncilmembers present: Councilmembers Conn, Edwards, Press (having iarrived during Closed Session), Reed, Zane and Mayor Yannatta Goldway. Mayor Yannatta Goldway reported that Airport 11tigation had been discussed during the Closed Session and moved to direct the City Attorney to do further research in regard to Airport land use and prepare for Council review a report, a recommendation, and a resolution consistent with that recommendation. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings ~t 7:21 P.M. Councilmember Conn moved to continue the adjourned meeting of 'the City Council until 7:30 P.M. in order to hold a Special Call Meeting. Second by Mayor Pro Tempore Edwards. The motion was approved by unanimous vote. TRI-S HOMES VESTED RIGHTS CLAIM: Mayor Yannatta Goldway called to order a Special Meeting called for 7:15 P.M. to hear Claim No. 004 of Tr1-S Homes for a vested rights exemption under the Emergency Building Moratorium Ordinance No. 1207(CCS) to construct a 45-unit condominium project at 2339-2417 - 34th Street. The staff report was presented. Russell Sauer, law firm of Latham & Watkins. representing Tri-S Homes; and Fred Stagemen, 1 May 5, 1981 2~' I.) 274 partner in the Tr1-S Homes agreement: requested approval of their claim. There being no one else wishing to speak on the matter, Mayor Yannatta Goldway closed the hear1ng. Discussion was held. Councilmember Reed moved to approve the claim for a vested rights exempt10n to permit Trl-S Homes to construct a 45-unit condominium project at 2339-2417 - 34th Street and that there be included as findings the entirety of the staff report from the City Attorney dated May 5, 1981. Second by Councilmember Zane. Following discussion, the motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Edwards, Press, Reed and Zane Negative: Councilmemhers Conn and Mayor Yannatta Goldway Absent: Councilmember Jennings At 7:50 P.M., Councilmember Zane moved to adjourn the Special Call Meeting. Second by Councilmember Conn. The motion was approved by unanimous vote. At 7:50 P.M., the Council convened to consider matters continued from April 28, 1981. Councilmember Conn moved to add Agenda Items 13-K and 13-L. Second by Councilmemher Zane. The motion was approved by unanlmous vote. 5-A: COMMISSION ON OLDER AMERICANS: Presented at this time was the matter of an appointment to fill a vacancy on the Commission on Older American, previously Item l3-A on March 25, 1981 and 5-A on April 28, 1981. The City Clerk reported that Tima Tomash, appointed at the Counc11 meeting of April 28, 1981, had declined the appointment. Councilmember Reed moved to waive the provisions of Resolution No. 4883(CCS) (establishing procedures for appolntments to Boards and Commissions) and request that Counc11members submit new nominations to be considered at the meeting of May 12, 1981. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 6-E: LIBRARY CIRCULATING AND REFERENCE MATERIAL: Presented for consideration was a staff report and resolution waiving the formal bid procedure and authorizing direct negotiation with various vendors for library circulatlng and reference material. Following d1scussion, Councilmember Reed moved to return the resolution to the staff to be redrafted to conform to Mun1cipal Code requirements as referenced by the City Attorney and resubmltted and that in the future such resolutions be considered in the context of the budget and fiscal year. The motion was approved by the following vote: Councl1 Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 2 May 5, 1981 . . . . . . . . 16-F: NEWSPAPER ADVERTISING: Presented for consideration was a staff report and a resolution waiving the formal bid procedure and authorizing a purchase agreement with Evening Outlook and Los Angeles Times for advertising for the Personnel Department. Councilmember Reed moved to adopt a resolution waiving the formal bid procedure and authorizing direct negotiation for purchase of classified advertising, amended in Section 2 to read that further bid sOlicitation would be of no avail and would cause unnecessary expense and delay. Second by Mayor Yannatta Goldway. During discussion, Councilmember Reed withdrew the motion. Councilmember Reed '[then moved to continue this matter and direct staff to confer with the ,City Attorney as to the appropriate language to conform the resolution to Municipal Code requirements prior to returning the resolution to the Council. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 6-G: LOCAL COASTAL PLAN GRANT APPLICATION: Presented was a staff report and reSOlution authorizing an application to State Planning and Research for grant funds for Local Coastal Plans. Discussion was held. Councilmember Conn moved to adopt Resolution No. 6251(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING APPLICATION FOR GRANTS FROM THE CALIFORNIA COASTAL COMMISSION TO FUND ~HASE 3, PROGRAMS AND ORDINANCES, OF THE CITY'S LOCAL COASTAL PROGRAM ~CCORDING TO THE TOTAL WORK PROGRAM", reading by title only and walving further reading thereof. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings i ~-L: BUILDING AND SAFETY PLAN CHECK REVENUES: Presented was a staff report recommending amendment of toe 1980-81 budget to increase Building and Safety plan check revenues and professional services accounts in the amount of $50,000. Councilmember Conn moved to approve the staff recommendation, thereby amending the 1980-81 budget by an increase of $50,000 to the Building and Safety Plan Check Revenue and Professional Services accounts for processing various maJor building permit ~pplications and plans. The motion was duly seconded and approved by the fOllowing vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings ~-C: RATIFICATION OF SPECIAL MEETING OF APRIL 22, 1981: Presented was a $taff report and resolution ratifying the Special Call Meeting of April 22, 1981. Mayor Yannatta Goldway moved to adopt Resolution No. 6250(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, RATIFYING THE SPECIAL COUNCIL MEETING OF WEDNESDAY, APRIL 22, 1981, AND THE ACTIONS TAKEN THEREAT" reading by title only and waiving 3 May 5, 1981 275 276 further reading thereof. Second by Councilmember Zane. 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 10-A: CRESCENT BAY STAIRWAY RENOVATION: Presented was a recommendation of the Recreation and Parks Commission for approval of plans for renovation of the Crescent Bay stairway. A staff report was presented. Councilmember Conn moved to approve the plans and specifications for I renovation of the Crescent Bay Stairway, authorizlng the call for bids to, complete the proJect. Second by Councilmember Reed. The motion was approved by the followlng vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 10-B: ARCHITECTURAL REVIEW BOARD ANALYSIS OF ENERGY PLANS: Presented was a"request of the Architectural Review Board for guidance regarding analysis of energy plans submitted on new condominium projects. Alex Mlikotin and Laurel Roennau. members of the Architectural Review Board, spoke ln regard to the lack of technical knowledge on their Board to evaluate energy plans. Alison D. S. L. Arnold requested that the efforts of the Planning Commission and Architectural Review Board not be duplicated, the Board to properly review aesthetic qualilties of proJects and the Planning Commission to review functional uses. Discussion was held. Councilmember Zane moved to direct the Architectural Review Board to continue to review the substance of energy plans that come before it " with the staff assistance to be provided in this period and to direct the, City Manager. in preparing the budget, to take note of the need for technical assistance and to assure that those needs are met in budget preparation. Second by Mayor Yannatta Goldway. Further discussion was held. Following discuss lon, and with the consent of the second Councilmember Zane amended the motion to read that the Architectural Review Board is directed during thlS period, until further notice to review substantive energy plans in projects that come before them that ar~, not subJect to Planning Commission review and staff is directed to I provide, as much as possible. necessary technical assistance (deleting the section on the budget.). The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings lO-C: DELETION OF AUTOMATIC PARKING AND COMMERCIAL USE OF RESIDENTIAL , LOTS: Presented was the recommendation of the Planning Commission for i deletion of certain sections of the Zoning Ordinance permitting automatic, parking and commercial use of residential lots. The staff report was 4 May 5, 1981 . . . . . . . . i 'presented. Discussion was held. Councilmember Zane moved to approve the recommendation and direct the City Attorney to prepare the required ordinances to delete from the Zoning Ordinance certain sections permitting 'I' automatic parking and commercial use of residential lots. Second by Mayor, Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent; Councilmember Jennings II-A; BICYCLE LANES; Presented was a staff report recommending appropriation of $5,000 in funds from Southern California Association of Governments (SCAG) to install bicycle lanes on San Vicente Boulevard between Ocean Avenue and 26th Street. Member of the public Marilyn Angle ispoke in opposition to the installation of the bike lanes. Discussion was held. Councilmember Reed moved to approve the staff recommendation, thereby appropriating $5,000 from SCAG Bicyle and Pedestrian Improvement : Funds to install a bike lane on San Vicente Boulevard between Ocean Avenue I and 26th Street, noting that all parking will be retained. Second by , Councilmember Conn. Following discussion, the motion was approved by the ifollowing vote; Council Vote; Unan1mously approved 6-0 Absent: Councilmember Jennings Il-B: RENTAL HOUSING REHABILITATION FEASIBILITY STUDY; Presented was a ,staff report and contracts for consideration authorizing execution of ISanta Monica Rental Housing Rehabilitation Feasibility Study Consultant Agreements with the Ocean Park Community organization and the Pico Neighborhood Association. councilmember Conn moved to approve execution , of Santa Monica Rental Housing Rehabilitation Feasibility Study Consultant I Agreements with Ocean Park Community Organization by award of Contract No. I 3640(CCS) and the P1CO Neighborhood Association by award of Contract No. 3641(CCS). Second by Councilmember Press. 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 ll-E: SAND AND SEA CLUB PROPERTY; Presented was a staff report recommending that Council inform the State Parks & Recreation Department ,of the desire to lease Sand and Sea Club property for continued club use land greater public access at rental rates acceptable to State, and appointment of representative to represent that position on May 8, 1981. Discussion was held. Mayor Pro Tempore Edwards moved to approve the staff recommendation, thereby entering into a lease for continued Sand and Sea Club operations at rental terms and rates acceptable to the State as the minimum for bids, to insure greater public access through the issuance of 5 May 5, 1981 277 278 . permits and advertising of memberships, and leasing of the North House as a restaurant; further that the Director of Recreation and Parks present this position at the State Parks and Recreation Commission meeting on May i 8, 1981. Second by Councilmember Zane. Discussion was held. . Councilmember Reed moved a substitute motion that the designated representative be directed to indicate to the State Recreation and Parks Co~mission that the City council supports the concept of continuing a public membership beach club on the site of the Sand and Sea Club. that we support the concept of ut11iz1ng the North House as a public restaurant, that we support the concept of as much public access as is practical given those uses. and that we will, at the time the State determines the minimu~ for bids, then proceed to determine the parameters for lease documents and call for proposals at that time; further that the Director of Recreation and Parks be designated and authorized to present this position at the State Parks and Recreation Commission meeting on May 8, 1981. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 . Absent: Councilmember Jennings 12-A: WEST WIND SAILING LEASE: Presented was the request of Richard Koch, West Wind Sailing, to address the Council requesting a review of his involvement with Santa Monica P1er prior to lease termination. Mr. Koch was not present. Councilmember Reed moved to receive and file the communication. Second by Mayor Yannatta Goldway. The mot1on was approved by the following vote: i Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Reed and Mayor Yannatta Goldway Negative: Councilmember Zane Absent: Counc1lmember Jennings 12-C: SANTA MONICA MALL RESTAURANT: Presented was the request of Barry Class and Steven M. Price of Royal Mall to address the Counc11 regarding a proposal for outdoor restaurant seating on Santa Monica Mall. Steven Price presented their proposal and a petition in support of an experimental plan improving Santa Monica Mall with outdoor restaurant , seating. Discussion was held. Councilmember Conn moved to endorse the I . general concept of outdoor eating on the mall and direct the staff to mee~ with Royal Mall representatives and work out a feasible plan for Council review. Second by Mayor Pro Tempore Edwards. Following discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings Councilmember Reed moved to hold a brief recess at 10:08 P.M. Second by Councilmember Zane. The motion was approved by unanimous vote. Council reconvened at 10:20 P.M. with members present as at the roll call. 6 May 5, 198~ . . . . . 12-D: COMMUNITY ASSISTANCE CORPORATION: Presented was the request of John L. Bult to address the Council in regard to providing community assistance for Housing and Social Services, including viable rent controls. John Bult presented his proposal for a Community Assistance Corporation for providing affordable rental housing. Councilmember Conn imoved to accept the report for consideration in the context of the issues. 'Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings I 13-A: COMMISSION ON STATUS OF WOMEN: Presented was the request of 'Councilmember Press for discussion regarding establishment of a commission on the Status of Women. Councilmember Press moved to hear members of the public. Second by Councilmember Zane. The motion was approved by i unanimous vote. Melissa Hill and Mary Newcombe spoke in support of such a! Commission. Discussion was held. Councilmember Press read into the record a statement by Board of Supervisor Edelman in regard to the Los I Angeles County Status of Women Commission: Although women represent a 'maJority of the County's population, tradition and preJudice, along with social, political and economic restrictions have resulted in women being denied, by virtue of their status being women, certain basic human rights. The denial of these fundamental rights have created inequities in economic, political, legal and social status, thereby preventing the development of womens' individual potential and the ability to contribute ,as fully as possible to the econom1C and cultural well-being of the County i of Los Angeles. In view of the longstanding tradition of according women an inferior status in society, nothing less than a concerted effort at all levels of government will remove the barriers of discriminat10n and preJudice and result in true equality. Discussion was held. Councilmember Conn moved to direct the City Attorney to prepare an ordinance authorizing a Commission on the Status of Women in the City of Santa Monica. Second by Mayor Yannatta Goldway. Following further I discussion, Mayor Yannatta Goldway moved a substitute motion to direct , staff to prepare a report on the possible parameters for the formation of a Commission on the Status of Women comparing small cities like the City of Pasadena with large agencies like the County of Los Angeles and recommend as to the structure of such an ordinance. 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 l3-C: AB 1819 (RENT CONTROL AND STATE FUNDS): Presented was the request of Mayor Yannatta Goldway for discussion and action opposing AS 1819 (prohibit1ng funds to agencies in which there is a rent control ordinance 7 , , May 5, 1981' ~~ 279 280 . in effect). Mayor Pro Tempore Edwards moved that Council go on record and communicate to our legislators opposLtion to AB 1819. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 13-F: LEGAL SERVICES AGENCY FUNDING: Presented was the request of Councilmember Press for direction to the CLty Attorney to prepare a resolution in support of funding of the Federal Legal Services Agency. Councilmember Press moved to direct the City Attorney to prepare a resolution in support of funding of the Federal Legal Services Agency for conslderation by the Council on May 12, 1981. Second by Councllmember Conn. The motion was approved by the following vote: council Vote: Affirmative: Councilmembers Edwards, Press, Zane and Mayor Yannatta Goldway ~egative: Councilmember Reed . Absent: Councilmember Jennings 13-G: INDIVIDUAL ITEM PRICING ON GROCERIES: Presented was the request of Councilmember Press for discussion of support of individual item pricing on groceries. Discussion was held. Mayor Pro Tem~re Edwards moved that the Council go on record in support of passage of AB 65 (regarding individual item pricing on groceries) and direct the Mayor to write letters in support to the Senate Judicial Committee with copies to Assembly persons Richard Katz and Hershell Rosenthal, co-sponsors of the bill. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings I l3-H AND 13-1: LOCAL COASTAL PLAN: Presented were the requests of Mayor! Yannatta Goldway for direction to staff to prepare a resolution to rescind previous City approval of, and submission of, the Santa Monica Land Use Plan phase of the Local Coastal Plan and a resolution addressed to the Coastal Commission explaining Council's intentions regarding new housing policies. Mayor Yannatta Goldway moved to direct the City Attorney to prepare the appropriate resolution which rescinds the submission of our Local Coastal Plan but indicates to the Coastal Commission our intention to resubmit the recreation, the parking the access, etcetera, phases of i the plan and to resubmit the housing plan under certain guidelines such as 25 percent inclusionary zonLng, etcetera, as stated in the Building Moratorium (Ordinance No. 1207); the resolution to be considered on May 12, 1981. The motLon was duly seconded and approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway 8 May 5, 1981 . . . . . Negative: Councilmember Reed Absent: Councilmember Jennings ~3-K: OFFSHORE OIL LEASE OCS NO. 53: Presented was the request of Mayor ~annatta Goldway for discussion in regard to joining other jurisdictions by retaining joint counsel to intervene in litigation on Off-shore Oil Lease OCS No. 53 and appropriation of $500 for that effort. Mayor Yannatta Goldway moved to retain joint counsel along with other--- jurisdictions to intervene in litigation on Offshore oil Lease OCS No. 53 and authorize an appropriation of $500 for that effort. Second by qouncilmember Press. Following discussion, ~ayor Pro Tempore Edwards moved a substitute motion to authorize participation of the City of Santa Monica in intervening in the lawsuit on Offshore O~l Lease OCS No. 53 subject to the City Attorney's office approving the complaint and intervention. Second by Councilmember Conn. The motion was approved by the following vote: i Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings Councilmember Zane moved to continue discussions past 11:00 P.M. Second ~y Mayor Yannatta Goldway. The motion was approved by unanimous vote. CLOSED SESSION: At 11:01 P.M. Councilmember Zane moved to adJourn to Closed Session to discuss pending litigation and personnel matters. Second by Councilmember Conn. The motion was approved by unanimous vote. Council reconvened at 12:05 A.M. with the following Councilmembers ~resent. Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway. Councilmember Conn moved to set the annual salary of Acting City Manager John Jalili at $54,384: Second by Councilmember Zane. The motion was approved by the fallowing vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed ADJOUfu~MENT: At 12:07 A.M. Councilmember Conn moved to adjourn the meeting wishing a speedy recovery to Dora Ashford. Second by Councilmernber Press. The motion was approved by the following vote: i Council Vote: Unanimously approved 5-0 Absent: Counci1members Jennings and Reed J\.TTEST: /I) '1_ ' ~L-->'1 ~ /7W~ Ann M. Shore City Clerk I 9 May 5, 1981 281