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M-8/4/1981 . . . . \. , 1 CITY OF S~NT~ MONICA CITY COUNCIL PROCEEDINGS AUGUST 4, 1981 ~ meeting of the Santa Monica City Counc1l was called to order by Mayor Yannatta Goldway at 7:35 P.M. Tuesday, ~ugust 4, 1981, having !been continued from July 28, 1981. Mayor Yannatta Goldway led the 'assemblage in the pledge of alleg1ance to the United States of America. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings (entered at 7:38 P.M.) Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane (entered at 7:37 P.M.) Acting City Manager John Jalili City Attorney Robert M. Myers ~ssistant City Attorney Stephen Stark C1ty Clerk ~nn M. Shore Councilmember Reed moved to add Items II-H. l3-F and l3-G to the ;agenda. Second by Mayor Yannatta Goldway. The motion was approved IlbY unanimous vote (Councilmembers Jennings and Zane absent at the time of the vote). The following items were considered having been continued from July 28, 1981, and added to agenda by motion. ;6-R: LICENSING OF HYPNOTISTS: Presented was a staff report recommending preparation of an ordinance which would permit hypnotists to practice under a general business license. Councilmember Conn moved to direct the City Attorney to prepare such an ordinace. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 a-B: STREET LIGHTING ASSESSMENT DISTRICTS: Presented was a staff report transmitting on ordinance for introduction establishing supplemental procedures for creating residential street lighting assessment districts in tenant neighborhoods. The public hearing was opened at 7:41 P.M. Mayor Yannatta Goldway entered into the record letters received from patricia Mayer and Marla Hollingsworth in support of the ordinance and its application to 11th Street from ~ilshire Boulevard to Montana ~venue. John Jurenka and Cal Woferd jspoke to request that the costs of such assessements be shared 1 August 4, 1981 2 . between the property owners and tenants. Heather Hinton spoke in support of the ordinance. There being no one else wishing to speak on the subject, the hearing was closed at 8:02 P.M. Discussion was held. Councilmember Jennings moved to introduce an ordinance entitled: : "lI.N ORDINI\.NCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONI~ ESTABLISHING SUPPLEMENTAL PROCEDURES FOR INSTITUTING RESIDENTIAL STREET LIGHTING IMPROVEMENTS", reading by title only and waiving further reading thereof, requesting that the ordinance return to Council after the Rent Control Board has acted on a pass-through formula related to assessment costs. Second by Councilmember Reed. l\.fter discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 7-0 After discussion, Councilmember Reed moved to request staff to agendize for Council action initiation of a street lighting district on 11th Street between Wilshire Boulevard and Montana Avenue on the same agenda as second reading of the previously introduced ordinance. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Unanlmously approved 7-0 9-A PERIPHERAL Cl\.NI\.L: There being on objection, Item 9~l\. was continued to l\.ugust 25, 1981, to permit representation by a member of the Metropolitan Water District Board. la-A: SIGN ORDINI\.NCE: Presented was a staff report presenting a recommendation of the Planning Commission that a revised sign ordinance be prepared and related California Environmental Quality Act requirements. Stephen Frew and Don Prochnow spoke in support of a revised sign ordinance wlth suggestions for improvement. Discussion was held. Mayor Pro Tempore Edwards moved to direct the City Attorney to prepare a Sign Ordinance revision based upon the recommendation of the Planning Commission, permitting the City Attorney to change those provisions of the ordinance which would present constitutional problems. Second by Councilmember Jennings. During discusslon, Mayor Pro Tempore Edwards amended the main motion as requested by Mayor Yannatta Goldway to alter the Planning Commission's recommendatlon so that any change in the face of a sign would require approval by the Architecutral Review Board and conformance to a new signing program. ~ayor Yannatta Goldway moved an amendment that non-conforming signs be amortized in SeVen years (instead of ten years as recommended). Second by Councilmember Conn. After discussion Councilmember Press moved a substitute amendment to provide that he ordinance include a grandfather clause the amortizing nonconforming signs over a period of five years instead of seven. Second by Councilmember Conn. The substitute amendment was approved by the following vote: . 2 August 4, 1981 . . . . . 3 Council Vote: ~ffirmative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Edwards, Jennings and Reed I~fter discussion, and with the consent of the second, Mayor Pro Tempore Edwards included in the main motion the amendment of Councilmember Conn to authorize the City Attorney to draw up a section of the sign ordinance that addresses the possibility of a 'shorter amortization period for large, egregious, protruding signs. Further discussion was held. The motion, as amended, was approved by the following vote: Council Vote: Unanimously approved 7-0 ll-A: TREE PRESER~TION AT 928 - 19TH STREET: Presented was a 'staff report recommending preservation of a tree located on private property at 928 - 19th Street, related to a hardship exemption granted July 14, 1981, from the building moratorium to permit Idemo1ition of a house and garage at that address with stipulations 'regarding tree preservation. Discussion was held. Councilmember Zane moved to approve the staff recommendation thereby permitting ,removal of the north Acacia tree on the condition that the Eugenias land Pittosporum on the southern portion be retained until such time as the property is redeveloped; further, that the existing curb cut be removed to prevent cars from parking on the unpaved front of the ,lot. Second by Councilmember Reed. The motion was approved by the fallowing vote: Council Vote: Unanimously approved 7-0 11-B: FINAL TRACT ~p NO. 13630: Presented for consideration was a staff report regarding Final Tract Map No. 13630 submitted by ,Louis Wieder & David Cooper for a 4-unit new condominium project at '2207 sixth Street, having been granted a hardsh~p exemption from the building moratorium. Mayor Pro Tempore Edwards moved to adopt Resolution No. 6329(CCS) entitled: -"I\. RESOLUTION OF THE CITY ICOUNCIL OF THE CITY OF SI\.NTI\. MONICA. I\.CCEPTING AND APPROVING SUBDIVISION M\.P OF TRACT NO. 13630", reading by title only and waiving further reading thereof. Second by Councilmember Zane. IThe motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Reed and Zane I\.bstain: Mayor Yannatta Goldway III-C: HEI\.LTH SERVICE CUTS: Presented for consideration was a staff report on the impact on Santa Monica citizens of proposed legislation to implement fees for Medi-Cal and Medical Emergency Iservices and cuts proposed by Los Angeles County for Health Care 'Services. Paul Worthman, staff member of Service Employees 3 August 4, 1981 4 . International Union Local 660, Research Director and member of !Steering Committee of County Health ~lliance, spoke in regard to impacts of cutbacks in health care. Discussion was held. Maror Pro Tempore Edwards moved to direct the City Attorney to draft a ,resolution expressing concern regarding cuts in the Los Angeles County Health Services budget to direct staff to monitor effects on Santa Monica residents and workers. Second by Mayor Yannatta Goldway. After add~tional discussion, the motion was approved by ,the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed I Councilmember Jennin~s moved to direct the City Attorney to draft a resolution to California representatives in Congress requesting the federal government to assist in funding health services for Los 'Angeles County, especially as that assistance relates to undocumented workers in Los Angeles County. Second by Councilmember Press. The motion was approved by the follow1ng I vote: . Council Vote: Unanimously approved 7-0 ill-H: FINAL TRACT ~P NO. 38612: Presented for consideration was a staff report recommending approval of Final Tract Map No. 38612 submitted by Steve Henry and Harriet Zaretsky for development of a 6-unit condominium project at 1247 - 10th Street, pursuant to a I stipulation and court Judgment. Councilmember Zane moved to adopt ReSOlution No. 6330(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONNIeA ACCEPTING AND APPROVING I SUBDIVISION ~P OF TRACT NO. 38612", reading by t~tle only and 'waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Reed and Zane 1\.bstain: Councilmember Press and Mayor Yannatta Goldway 12-A: ENERGY CONSERVATION: It was noted that Sandy Elster was not I present to speak to the matter. No action was taken. . 12-B: APPEIl>.L OF ELECTRICAL Vl\.RL1\.NCE DENLIl>.L: Presented was the appeal of Steven Schwartz from the denial by the Electrical Appeals I Board of an electrical variance related to construction at 1239 - 24th Street. It was noted that no one was present to speak. The correspondence and staff report were received into the record. I 13-B: SOCIAL SERVICE COMMISSION: Presented was the request of Mayor Pro Tempore Edwards for discussion of creation of a Social 4 August 4, 1981 . . . . . 5 Service Commission in and for the City of Santa Monica. Discussion was held as introduced by Mayor Pro Tempore Edwards. ~ayor Pro Tempore Edwards moved to authorize the City Attorney to-draft an ordinance establishing a Social Service Commission in the City. Second by Councilmember Conn. (councilmember Reed departed at 10:10 P.M.). ~fter discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilrnember Reed (Councildmember Reed entered at 10:14 P.M.) 13-C:: FUNDING FOR SCHOOL LIBR~RY PROGRAM: Presented was the request of Mayor Vannatta Goldway for discussion of cutbacks in the Santa Monica School Library Program. Mayor Vannatta Goldway withdrew the item in that the school board proposal had been adjusted. 13-E: DEVELOPMENT OF RENTI\.L HOUSING/NEIGHBORHOOD RETAIL/ COMMERCIAL PR-OJECT AT CORNER OF OCEAN AND COLORADO I\.VENUES: Presented was the request of Mayor Vannatta Goldway to discuss a proposal submitted by Kendall Realty for development of a two and three-story complex at corner of Ocean and Colorado Avenues, which will include 15% rental housing and 30% neighborhood retail/commercial uses. Don Prochnow and Stephen Frew, representing the developer, described the proposal. Discussion was held. Councilmember Zane moved to hear from members of the public. Second by Councilmember Conn. The motion was approved by unanimous vote. Dan Cohen spoke to request that the property be used for a project of public benefit. Discussion was held. ~ayor Vannatta Goldway moved to authorize the City I\.ttorney to enter into negotiations for an agreement with Kendall Realty for development of property at the corner of Ocean and Colorado ~venues along the lines proposed by the developer, with the approximate proposed square footages, the building height to be 36 feet on one side and 28 feet on the other; the housing agreement to be developed in such a way to assure at least 30 years of affordable housing; the agreement on the rental structure to be worked out to meet our concerns for affordable housing which might include some subsidies if the developer cannot meet those within their own financial limitations; the development agreement to include restrictions on ground floor uses to assure those proposed by the developer: the developer to agree to a 1.5% in-lieu fee as proposed by the Citizens Planning Task Force as part of all new construction; the agreement to be reviewed by the Council; further the City agrees to work with the developer, assuming agreement is obtained, to facilitate this application when 1t is before the Coastal comm1ssion. Second by Councilmember Conn. with the consent of the second, Mayor Vannatta Goldway included 1n the motion the suggestion of Councilmember Zane that, in addition to the use restrictions, we request evidence of good faith negotiations with existing users on that parcel. During discussion, ~ayor Pro 5 August 4, 1981 6 . Tem~ore Edwards moved to continue d~scussions past 11:00 P.M. Second by Councilmember Conn. The motion was approved by a vote of five in favor (Councilmembers Reed and Zane opposed). After discussion, and with the consent of the second, Mayor Yannatta iGoldway included in the motion that it is the ~ntent of the Council to look very closely at the east elevation to maximize the view corridor as much as possible. Further discussion was held in regard to the design plans, including participation by Michael IMiller, attorney for the developer. The motion was approved by the . following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed 13-F: RESIDENTIAL PLANNING TASK FORCE APPOINTMENT: Presented was Ithe request of Councilmember Reed for an appointment to fill a vacancy on the Residential Planning Task Force. There being no objection, this matter was continued to August 11, 1981. . 13-G: PUPPET BOOTH AT SANTA MONICA ~LL: The matter was continued ito August II, 1981, at the request of Councilmember Reed who placed the matter on the agenda. ll-E: CLOSED SESSION: At 11:35 P.M. Councilmember Press moved to Ihold a Closed Session which had been requested for the purpose of 'discussing pending lit~gat~on and personnel matters. Second by Councilmember Conn. The motion was approved by unanimous vote. At 12:47 A.M., the meeting reconvened with the fo11ow~ng members present: Counci1members Edwards, Jennings, Press, Reed, Zane and IMayor Yannatta Goldway. Mayor Yannatta Goldway reported that no action had been taken during Closed Session. ADJOURNMENT: At 12:49 A.M., Mayor Yannatta Goldway moved to adjourn to 10:00 A.M., August 8, 1981, and 10:00 A.M. August 9, 11981, to hold Closed Sessions for the purpose of considering selection of a City Manager; adjournment to be in memory of H. Nick Holt, native of Santa Monica and executive of Santa Monica Bank; William Wyler, film director; Melvyn Douglas, actor; and on behalf .of Councilmember Reed, in memory of Carl Guercio, a long-tllUe Iresident of the community. Second by counci1member Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 . Absent: Councilmember Conn ATTEST: a~ 7J,;/i~uo- Ann M. Shore City Clerk J<PPRqV~E: - 'fof~ u. :i:(~<J Mayor , 6 August 4, 1981 .