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M-11/5/1985 I I jLb CITY OF SANTA MONICA CITY COUNCIL MINUTES ~OVEMBER 5, 1985 An a~Journe~ regular meeting of the Santa MonIca City Council was called to order by Mayor Reed at 7:35 P.M., on Tuesday, November 5, 1985, In the Council Chambers. Ccuncilmember Herb Katz led the assemblage In the pledge of allegiance to the United States of America. Roll Call: Present: Mayor Christine E. Reed Mayor Pro Tempore William H. Jennings GGuncilmember James P. Conn Councilmember DavId G. EpsteIn Councilmember Alan S. Katz Councilmember Herbert Katz Absent: Councilmember Dennis Zane Also Present: City Manager Jehn Jalill CIty Attorney Robert Myers CIty Clerk Ann M. Shore Councllmember Conn moved to add agenda. . 'Second by CGuncilmember aooroved by unanimGus vote. Items 111-G EpsteIn. the was 14-H to motion an1 The 11-B: ZONING ORDINANCE: Presented was a staff report -r-e-com-rriell11ng - the Gl t'y- Attorney to prepare an amendment to the zon ing ord inance regard lng demoll tIen procedures and "hrectl ng the Community and EconomIc Development Department to conduct an environmental review. Discussion was he11. Two members of the publIC spoke In opoosltion to the staff recommendation: Joy Fullmer and Dav 1 d Camet'on. Dl SCUSSIon was heli. Councllmember Ipstein__D1oved to aoorove the staff recommendation, thereby directing the Communi ty and EconomIc Developmen t Department to conduct an environmental reVIew ani the CIty Attorney to draft an ordinance deletIng the current provisions of SectIon 9123 of the Municipal Code and substItutIng the follOWIng prOVISIons: 1. Demolitions of bUIldings ani structures shall be permitted when all of the follOWIng conditions have been met: a. A removal permit has been granted by the Rent Control Boar~ for controlled rental unIts. b. A property maIntenance pI an has been aporove1 by the DIrector of Planning and BUIlding OffIcer. The Architectural Review Boa~i shall adopt and the Planning 1 November 5, 1985 3l.7 CommIssion shall aporove gUIdelInes and standards for property maIntenance plans pursuant to Santa MonIca Municipal Code SectIon 9503. c. For all structures WhICh are more than 50 years old, the following regulations shall apnlv: 1. WIthin 7 days of receIpt of a complete applIcatIon for a demolitIon permit for such structures, the CIty shall mail a copy of such applIcation to the members of the CIty Landmarks CommIssion. I 2. Landmarks CommISSIon members, or any other Interested persons may submit an applIcatIon for Landmark deSIgnation of the structure. 3. If no Landmarks applIcation is submItted within 30 days from receIpt of a complete demolitIon applIcatIon, the demolitIon permIt shall be Issued, subject to other reqUIrements of law, IncludIng orCVlSlons of these demolitions polIcies. 4. If a Landmarks applicatlon IS submitted WIthin the 3D-day period, no demolItion permit shall be issued for 90 days from the date of receipt of a complete Landmarks applicatIon, or upon the Landmarks Commis- siants determInatIon that the Landmarks applIcatIon has no merIt, whIchever is sooner. If the Landmarks Commission 1etermines the Landmarks aopllcation does have merit, the provlslons of the eXIsting Landmarks designatIon nrocedures woul~ apply. i. Subsequent ievelopment is in conformIty WIth the General Plan and all other applIcable regulatIns. 2. In addItIon to the above requirements, no demolItIon permit shall be issued for resi1ential structures unless the fInal oermlt for a reolacement project has been issued or the DIrector of PlannIng and the BUIldIng Officer have determIned that the eXIstIng structure is a oublic nUIsance. ThIS reqUIrement shall not anolv to non-controlled SIngle famlly- residential units. Second by Councllmember H. Katz. Councilmember A. Katz moved a~ amendment to the motion to Instruct 'staff to develop some' .sortof oubllC notIce procedure I InVOlving landmarks or bUIldIngs over fIfty years 011. Councllmember EpsteIn accented the motIon as frIendly, therefore incorporating It Into the main motIon. DIScussion was held. fo.un.c.l.l.n~ember J enn.L~~~_l!2.S.'[~_t__':ln ame1]2I!l~ to add at the end of Section 2 on page 11 the phrase "located In R2, R3 or R4 zones". Discussion was held. DurIng 1lScussion, Councilmember Conn suggested that the ohrase should read instea1 ttlocated In R1 and 2 November 5, 1985 I I ')L;t1 commercial ani ::i.ndustrlal zones" and seconde.j the motion. The amendment to the motion was approved by the following vote: Council Vote: AffIrmative: Councllmembers Conn, Jennings, A. Katz, Mayor Reed Negative: Councllmembers EpsteIn, H. Katz Absent: Councilmember Zane The motIon to aoprove the staff recommendatIon was approved by the following vote: Councll Vote: UnanImously approved 6-0 Absent: Councilmember Zane 11-G: R~QUEST Fq~~~~OSED SESSION: ConsIdered at end of meeting. 13-A: DEFENSE INITIATIVE: Presented was the request Q f Jerry RubIn to address Council regardIng endorsement of resolution opposing Strategic Defense Initiative. Jerrv Rubin, representing the Alliance for SurVIval, spoke for reductIon of defense spendIng by the government. DIScussion was held. CGuncilmember Eostein moved to receIve and file Mr. Rubln's commurifca-t:fon. ... "".'1'" __ Secon1 by Counci lmember H. Katz. Councilmember Conn moved a subStI tute motIon to ask the Mayor to cOrlmlunicate our co'nc'e~rns (to legislators) about the iomestIc ani military budget as It goes through the budget process once agaIn, ani that we reiterate our concerns to our elected offiCIals, i.e., favorIng milItary spendIng over domestic soendIng. Second by Councllmember A. Katz. DiSCUSSIon was held. The motion was approved by a vote of fIve in favor, Councllmember EpsteIn oooo3e~, Councllmember Zane absent. 14-A: LAND USE ELEMEN'!': Presented was the request of Councilmember Epstein to discuss Implementation of development exactIons of the Land Use ani CirculatIon Element. Councilmember EpsteIn introduced discussion regarding hIS concerns over POlICY issues re lat lng to the -j ev elopment aoproved for San ta MonIca Boulevard and Ocean Avenue. f~~~cllmember ~~~~~~~~ mov~ to dIrect the Cl ty Attorney to prepare an or1inance wi thin thIrty days WhICh would allow the CIty to collect fees from developers anrI for the CouncIl to late allocate these funds between parks and hous ing. Second by Coune i lmember H. Katz. Dl seussion was held. The motIon was approved by the followIng vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane 14-C: COUNCIL CHAMBERS FEE: Presented was the request of Mayor Ree1 to'discuss waIVIng the fee for use of the Council Chambers 3 November 5, 1985 329 by the California Senate CommIttee on Energy and Public UtIlitIes on November 15 and December 3, 1985. Mavor Reed introduced ~h scus s ion and moved to wa i ve the fee for _Y-use of the Counc 11 Chambers by the--abcve committee. Second by Councllmember EpsteIn. The motion was unanImously aporoved. 14-D: COUNCIL CHAMBERS FEE: Presented was the request of Mayor I Reed to discuss walvlng fee for use of Council Chambers by California Department of Consumer Affairs Cemetery Board on December 10, 1985. Mayor Reed Introduced dIScussion. Councilmember Eostein moved to waive the fee for use of the -- - - -- -- - ~. - - - - - - - - - -- Council Chambers by the above commIttee. Second by Mayor Reed. The motIon was aooroved by unanImous vote. 14-E: CITY ATTORNEY: Presented was the request of Councllmember Eostein for personnel discussion in regard to the City Attorney's activitIes. ConSIdered In Closed SeSSIon. 14-F: COUNCIL LIAISON: Presented was the request of Mavor Reed to announce 'revise1 Council liaIson appointments. Mayor Reed appointed Councllmember A. Katz to serve as liaison to the CommiSSIon on 011er Americans and the Cl ty/School CooperatIon CommIttee. 14-G: COUNCIL CHAMBERS FEE: Presented was the request of Mayor Reed to dISCUSS waIving the fee for use of the CounCIl Chambers by the Assembly Committee on Environmental Safety and !oxic MaterIals on November 1, 1985. Mayor Reed introduced diSCUSSIon. fGyn,c,i)~rq~rqb~r. _ Epstein_ move? to wai ve the fee for use of the CounCIl Chambers by the abeve cemml ttee. Second by Mayor Reed. The motion was unanImously approved. 14-H: OIL DRILLING LOBBYING TRIP: Presented was the request of Mayor Reed to reoort cn a lobbying trip she had taken to WashIngton, D. C. regar11ng the Outer Continental (Oll) Shelf moratorium and to request reimbursement of trip expenses. Mayor Reed presented the report. Councilmember Conn moved to reimburse Mayor Reed for tr ip expenses. Second by Counc i Imember Eos te In. The motlon was approved by the follOWIng vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane DlScussIon was held. Mayor Reed moved to supoort Panetta's BIll, I HR 3373, which wou11 -give- -s-fa"futory protection to many of the special areas of the coast, including Santa MonIca Bay, and to authorIze blanket authorization of lobbYIng activity by Council in WashIngton, D.C. regarding the protectIon of Santa MonIca Bay from offshore oll drillIng. Second bv Councllmember Epstein. DIScussIon was held. !he motIon was approved by unanImous vote. 4 November 5, 1985 I I 330 11-G: CLOSED SESSION: Presented was a request for Closed SeSSIon to consider oersonnel matters and threatened litIgatIon, pendIng lItIgation, ani litigation to be commenced by the City. At 9: 02 P. M., Councllmember Eostein moved to retIre to CIGsed SeSSIon to conSIder the fOllGwIng pendIng cases: CalifornIa AVIation v. CIty of Santa Monica, UnIte1 States DIstrIct Court Case No. CV 84-6985 (CMB) (BX) awl Los Angeles Superior Court Case No. C 306538; City of Santa Monica v. City of Los Angeles (oroposed litigation); CIty of Santa MonIca v. Reman Properties, Inc. (proposei lItigatIon); City of Santa Monica v. County of Los Angeles (proposed litigation); Leitner v. City of Santa MonIca, San ta Mon ic a SuDer lor Court Case No. WEC 79610; MacPherson v. Ci ty of Santa MonIca, Santa MonIca Superior Court Case No. WEC 88884; Vosahlo v. CIty of Santa Menica, Santa Monica SuperIor Court Case No. WEe 76035; Hill v. City of Santa MonIca, Santa MonIca Superior Court Case No. WEe 66981, and; Salgado v. CIty of Santa Monica, Los Angeles SuperIor Court Case No. C 334839. The motIon was duly seconded and unanImously approved. CounCIl reconvened at 10:27 P.M. with SIX members present, Councllmember Zane absent. Councllmember MacPherson v. Councllmember vote: Council Vote: CGuncilmember Vosahlo v. Councilmember vote. Council Vote: Councilmember Leitner v. Councilmember vote: Council Vote: Epsteln moved to approve settlement In the case of CIty In the amount of $10,672.90. Second by Conn. The motIon was approved by the following UnanImously aoproved 6-0 Absent: Councilmember Zane EpsteIn moved to aoorove settlement In the case of Cl ty In the amount of $85,000. Second by Conn. The motion was approved by the following UnanImously approved 6-0 Absent: Councilmember Zane Epstein moved to aporove settlement in the case of Ci ty In the amount of $30,000. Second by Conn. The motion was approved by the follOWIng Unanimously approved 6-0 Absent: Councllmember Zane Councilmember Epstein Salgado v. City In Counci lmember Conn. vote: move1 to approve settlement In the case of the amount of $95,075.46. Second by The motIon was aporoved bv the follOWIng 5 November 5, 1985 331 Council Vote: UnanImously approved 6-0 Absent: Councllmember Zane Councilmember Epstein moved to approve settlement in the case of HIll v. CIty In the amount of $12,000. Second bv Councilmember Conn. The motIon was approved by the follOWIng vote: Absent: Councllmember Zane I CounCIl Vote: UnanImously approved 6-0 ADJOURNMENT : AT 10: 30 P. M., Mayor Reed moved to adj curn the meetIng In memory of Doug Brew, JournalIst and MIke Caruso, long-time Santa Monica resident and businessman. Second by Councilmember Epstein. The motIon was unanImously approved. ATTEST: r" ( -4"'\ () ; -/jl~{ I / i . f ,. '~ !'/)~.. i ( -~ Ann M. Shore CIty Clerk APPROVED: CL ~~ i ;2~cz /, ChrIstine E. Reed Mayor / ; I 6 November 5, 1985