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M-4/22/1981 . . . . CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS Ap r i I 22, 1981 iA special meeting of the Santa Monica City Council was cal led to order at 8:15 P.M. ,Wednesday, April 22, 1981. by Mayor Vannatta Goldway who led the assemblage in the 'pledge of allegiance to the United States of America. Roll Call. Present. Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember Dolores M. Press Councilmember Dennis lane City Manager Charles K. McClain Acting City Attorney Stephen Stark Assistant City Clerk Clarice E. Johnsen Absent. Councilmember Will lam H. Jennings Councllmember Christine E. Reed 1. EMERGENCY BUILDING MORATORIUM ORDINANCE: Presented for Introduction and adoption was an emergency ordinance declaring a moratorium on development in the City until October I, 1981, as requested at the special meeting April 21, 1981. Discussion was held. Councllmember Conn moved to hear members of the public for three minutes each. Second by Councilmember Press. The motion was approved by unanimous vote. The public hearing was opened at 8:45 P.M. by Mayor Vannatta Goldway. The following persons spoke to the proposed ordinance: Robert Weinstein, Peter Bernstein, Vic Wyle,Susan Stangl, Amy Rosenman, Stanley Warner, William B. Gurf,eld, Alison D. S. L. Arnold, Carole Cullum, Joe Palazzolo, Robert Blumln, Herbert Nadel, Jack Atkins, Ralph Jarrett, Clare Branfman, Harry Mow, Bob Fleischer, Gerald Fischer, Kerry Lobel, William Brantley, Tony Haig, Joe Argenta, Robert Colliss, Russ Barnard. James Mount, Robert Held, Bob Gabriel, Harold Rosen, Michael Tarbet, Marianne Boretz, Chris Harding, Fred Harvey, Jerry Schwartz, Steven Waltzman and C. Davenport. There being no one else present wishing to speak on the matter, the public hearing was closed at 10:45 P.M. A recess was held at 10:45 P.M. Council reconvened at 10 51 P.M. with members present as at the roll call. Counci 1 member Edwards moved to continue discussion past 11 :00 P.M. Second by Councllmember Conn. The motion was approved by unanimous vote. Discussion was held. Mayor Yannatta Goldway moved to introduce and adopt Ordinance No. 1205(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MO~IICA CREATING A MORATORIUM ON COMMERCIAL AND RESIDENTIAL DEVELOPMENT AND DECLARING THE PRESENCE OF AN EMERGENCY", such moratorium to be in effect Immediately and unti 1 October I, 1981, reading by title only and "'alving further reading thereof, amended to insert "valid" before "building permit" and "demolition permit" where appropriate. Second by Council- member lane. Following discussion introduced by Councilmember Press. Councilmember lane moved an amendment to include in the ordinance that 30% of the affordable units be i located on the site. Second by Councilmember Press. During discussion, and With the 'consent of the second, Councilmember lane amended the motion to include In the ordinance that at least 25% of affordable units be located on the site, hOl.ever, "for projects Ap r i 1 22, 1 981 257 258 involving the demolition of existing dwelling units, the affordable dwel ling units included in the 25 percent formula must be replaced on site." With the consent of the second, Mayor Vannatta Goldway included that amendment in the main motion as well as an addition to Section 5(B) to read "A decision of the City Council, pursuant to this section, shall be reviewable by writ of mandate, subject to the 90-day time I imitation set forth in Santa Monica Municipal Code Section 1200 which implements Code of Civil Procedures Section 1094.6" and a provisIon, suggested by Councilmember Zane, to include an exemption for demol itions only -- not further construction -- for those buildings which have received Category 2 Removal Permits from the Rent Control Board. The motion to introduce and adopt the building moratorium ordinance as amended was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent- Councilmembers JennIngs and Reed Mayor Vannatta Goldway moved to direct staff to return to the Council with a staff report providing possible alternatives to implement the hearing examiner process. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed Mayor Vannatta Goldway moved to direct staff to prepare a report for Council on those projects which are about to receive Santa Monica Housing Authority approval for low and moderate income housing and suggest how this moratorium might be amended to Include projects which are close to approval Within the Housing Authority process. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Counci lmembers Jennings and Reed Mayor Vannatta Goldway moved to direct staff to meet with the Main Street Planning Group and review the entire Main Street Plan and the zoning implemented in 1 ight of several city-wide concerns that have been stated In the building moratorium and return to Council as soon as possible with suggestions that might meet those concerns. Second by Councilmember Conn. The motion was approved by the following vote' Councl I Vote: Unanimously approved 5-0 Absent: Councllmembers Jennings and Reed Mayor Vannatta Goldway moved to direct the City Manager to direct the Building Officer to begin issuing stop work orders tomorrow for projects which, on prel iminary examination, appear to fall within the building moratorium. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed 2 April 22, 1981 . . . . . . . . Councllmember Conn moved to direct the City Attorney to return to Council next week with ordinance wording to provide for concerns expressed about the project that are of substantial benefit to the community. Second by Mayor Vannatta Goldway. The motion was approved by the following vote' Council Vote: Unani~ously approved 5-0 Absent. Councllmembers Jennings and Reed 2. CITIZENS TASK FORCE ON CRIME PREVENTION: Presented was the matter of the Citizen's Task Force on Crime Prevention to implement PropOSition A, a Charter Amendment measure providing Police and Protective Services, whIch wasvoted upon by a vote of the people at the election held April 14, 1981. Discussion was held. Councilmember Zane moved to call for the formation of a thirteen-member task force to develop an anti-crime program pursuant to the mandate expressed by the voters in Proposition A; that this thirteen-member body be composed of eight public members appointed by the Council with a commitment to geographical diversity within the City, that It be composed of four persons who are involved in crime detection, prevention, et cetera~ and criminal justice system; if possible those four members be the Pol ice Chief himself, if he IS available, a captain, a line person, and, hopefully, a probation officer as the professional element of this committee. and that the thirteenth member be a Councilmember to serve as I iaison between the City Council and that bOdy. Second by Mayor Vannatta Goldway. Discussion was held In regard to committee's task and time frame. Councilmember Zane moved to hear members of the publiC for three minutes each. Second by Counci lmember Conn. The motion was approved by unanimous vote. Carole Cullum spoke In support of the Task Force and suggested requesting input from community organizations. Carson Kent offered the support and services of an entity cal led Cal ifornla County Patrol Incorpora- ted. Kerry Lobel spoke in favor of the Task Force and concurring in selection of nominees from neighborhood organizatIon. Following discussion, Councilmember Zane amended and added to the motIon as follows The City Attorney is directed to prepare a resoluton formalizing the establishment of a thirteen-member Crime Prevention Task Force consisting of eight public members with 'a significant representation of existing neighborhood organizations involved in crime prevention programs, four persons involved in a professional capacity In the criminal Justice system, including the Police Chief or his deSignee, at least two line officers, and a probation officer, leaving open the posslbi lity that other persons Involved in the criminal Justice system might also participate, and that one member of the Council be designated as a voting member of this body and as Council I iaison to this Task Force, that liaison member to be Mayor Pro Tempore Edwards who IS a Probation Officer (opening up a seat for someone from the District Attorney's or Public Defender's office) the Task Force should concern itself with recommendations regarding the level of staffing of the Pol ice Department essentially, concern itself with ways of involving community orginizations and community outreach in an anti-crime program. with building security and neighborhood lighting programs, with any ordinances they may suggest that are appropriate in this regard, efficiency in pol ice operations in terms of deployment, modernization of facil itles, and improvement of facilities available to the Police Department; that such a body should consider as part of its responsibility taking publ ic testimony en well-publicized occasions; and that all members should participate in the Ride-Along program. Second by Councilmember Edwards. Discussion was held. With the consent of the second, Councilmember Zane included in the motion direction to the 3 April 22, 1981 259 260 City Clerk to advertise on April 24th for Task Force appl icants to apply through May 15th, appointments to be made at the CounCil meeting of May 26, 1981; further, that the Task Force report to the Council in October 1981, with interim preliminary and progress reports at varIous phases (noting that Proposition A mandatescompletion of the project within nine months). The motion was approved by the following vote' Councl I Vote. Unanimously approved 5-0 . Absent: Councilmembers Jennings and Reed 3. VACANCY ON PLANNING COMMISSION: Presented was the matter of fil ling the vacancy on the Planning CommiSSion caused by the resignation of Ken Edwards from the Planning Commission to become a member of the City Council. Councilmember lane moved to dIrect the City Clerk to call for applications on the vacancy on the Planning Commission, advertising on April 24th, appointment to be made at the Council meeting of May 12, 1981. Second by Councllmember Press. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent. Counci lmembers Jennings and Reed NON-AGENDA ITEM: Councilmember Press asked about the possIbility of considering, as a non-agenda Item, the matter of Indicating to legislators support of continued funding of legal aid services. Following discussion, Mayor Yannatta Goldway moved to waive Resolution No. 4848 (Council procedure) prior to considering a motion to add a non- agenda item. Second by Councl lmember Press. The motion was approved by unanimous vote. DISCUSSion was held In regard to the approprlatenessof introducing a non-agenda Item. Councilmember Press moved to hear from a member of the public. Second by Councilmember la,e. The motion was approved by unanimous vote. Al ison D. S. L Arnold spoke in opposition to adding a non-agenda item which had not yet had public review. Fol lowing . discussion, Counci lmember Press withdrew her motion noting that she had requested consideration of a non-agenda Item because the Rent Control Board, of which she had been a member, permits new items to be discussed at the end of their agenda. 5' RATIFICATION OF SPECIAL MEETING OF APRIL 22, 1981' Presented was a staff report recommending a motion to ratify thiS SpeCial Call Meeting. Mayor Vannatta Goldway moved to direct the City Attorney to prepare for the next meeting a resolution ratIfying the Special Meeting called for Aprl I 22. 1981. Second by Councllmember Conn. The motion was approved by the follOWing vote' Council Vote' Unanimously approved 5-0 Absent: Councllmembers Jennings and Reed 4: CLOSED SESSION: At 12:45 A.M., Counctlmember lane moved to adjourn to Closed Session for the purpose of diSCUSSing personnel matters and pending litIgation. Second by Councllmember Conn. The motion was approved by unanimous vote. The Council reconvened at 1:25 A.M., ~embers present as at the roll call. Mayor Yannatta Goldway moved to appoint Robert Myers as City Attorney effective June 1, 1981, at an annual salary of $40,000 with the usual benefits and to appoint him as Acting City Attorney immediately on an hourly basis. Second by Councilmember lane. 4 Ap r I 1 22, 1981 . . . . . . The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent. Councilmembers Jennings and Reed Mavor Vannatta Goldway moved to appoint Stephen Shane Stark as Assistant City Attorney, which position will be reinstated, with the understanding that he retains his capacity to prosecute cases in the name of the people; that his salary will continue at the present rate with a new salary to be negotiated within 30 days. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed Mayor Vannatta Goldway requested the record to Indicate the Council's expression of appreciation to Mr. Stark for his work and abilities as Acting City Attorney and for his continued service; further that Mr. Myers was appointed as City Attorney in their feeling that he could ably and clearly defend the rent control law. Mr. Stark indicated for the record his acceptance of the position of Assistant City Attorney, his support and desire to continue to provide valuable serVice, and appreciation to his staff for their good work. ADJOURNMENT: At 1.30 A.M. Councllmember Press moved to adjourn the meeting in memory of the 25 children in Atlanta and in commitment to stopping acts of violence. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absen t : Councilmembers Jennings and Reed ATTEST: APPROVED: ~~l 7/~~ iAnn M. Shore 'City Clerk /: VttJMA~~ ~~~~~~YJnnatta ~o)'dway // MayV (J 5 Apri I 22, 1981 261