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M-8/17/1982 . , . . 417 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 17, 1982 A meeting of the Santa Monica City Council was called to order by Mayor Vannatta Goldway at 7:35 P.M. on August 17, 1982, having been continued from August 10, 1982. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of AmerJ.ca. Roll Call: Present: Mayor Ruth Vannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press (entered at 7:42 P.M.) Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. CJ.ty Attorney Robert M. Myers Acting City Clerk Connie L. McNeely Councilmember Conn moved to add Item 8-D to the agenda. Second by Mayor Vannatta Goldway. The motion was approved by a vote of 5-1, Councilmember Reed opposed. 6-J: EARTHQUAKE AWARENESS DAY: Presented was a resolution designating Thursday, September 16, 1982 as "Earthquake Awareness Day." Councilmember Conn moved to adopt Resolution No. 6542 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING SEPTEMBER 16, 1982 EARTHQUAKE AWARENESS DAY," reading by title only and waiving further reading thereof. Second by Mayor Yannatta Goldway. The motion was approved by the followJ.ng vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Press 8-C: PARKING AND BUSINESS IMPROVEMENT TAX RATE: Presented was a staff report transmitting an ordinance for introduction and adoption setting the Fiscal Year 1982-83 tax rate for the parking and business improvement area. The public hearing was declared open at 7:39 P.M. At 7:40 P.M., there being no one wishing to speak on the matter, Mayor Pro Tempore Edwards moved to close the public hearJ.ng. Second by Councilmember Conn. The motion was approved by unanimous vote. CouncJ.lmember Conn moved to approve the staff recommendation to adopt Ordinance No. 1257(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA."JTA MONICA FIXING THE TAX RATE AND LEVYING TAX FOR FISCAL YEAR BEGINNING JULY 1 August 17, 1982 418 . 1, 1982, FOR TlIE PARKING AND BUSINESS IMPROVEMENT AREA," reading by title only and waiving further reading thereof, raising the tax rate from $0.525 per $100.00 of market value (equivalent $2.10 per $100.00 of assessed valuation) to $0.5625 per $100.00 of market value (equivalent $2.25 per $100.00 of market value) for Fiscal Year 1982-83 to offset additional costs. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Press (Councilmember Press entered at 7:42 P.M.) 8-D: TOXIC CHEMICAL DISCLOSURE: Presented was an ordinance for adoption amending the Santa Monica Municipal Code Section 5302 relative to toxic chemical disclosure. Following staff commentary, Councilmember Zane moved to adopt Ordinance No. 1256(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA."ITA MONICA AMENDING MUNICIPAL CODE SECTION 5302 RELATING TO TOXIC CHEMICAL DISCLOSURE," reading by title only and waiving further reading thereof. Second by Councilmember Conn. Discussion was held. Councilmember Reed requested that the record reflect her continuing concern about adopting ordinandes for final adoption at a continued meeting of the same agenda at which they were adopted for first reading and, recognizing the City Attorney's previous statements that this Can be done in one week's time, she still did not believe that it is appropriate to do it on the same agenda at a continued meeting and, therefore, would not vote for the ordinance at this meeting. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Jennings requested that the record reflect that the reason he voted no was not because he opposed the particular ordinance, but because he d1d not believe it should be adopted at a continued portion of the same meeting where Council made the initial vote on it. ll-D: BEACH PARKING PERMITS: Presented was a recommendation to approve monthly beach parking permits on a trial basis, continuing the present night time system, in the following amounts: $20 Monthly, $70 Quarterly, $100 Semi-Annually, and $120 Annually. Presented was a staff report transmitting an amended recommendation setting permit rates at $20 Monthly, $50 Quarterly, $80 Semi-Annually, and $110 Annually. Discussion was held. Councilmember Conn moved to approve the amended staff recommendation to issue beach parking permits on a trial basis during the summer of 1983, to continue the present night time system, and to sell passes at the following rates: $20 Monthly, . 2 August 17, 1982 . . . . . 419 $70 Quarterly, $100 Semi-Annually, and $120 Annually. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 ll-E: 415 PACIFIC COAST HIGHWAY/SAND AND SEA CLUB SITE: Presented was a recommendation for authorization of the City Manager to negotiate a lease with Pacific Parks, Inc., and to submit the recommendation to the State, regarding the site at 415 Pacific Coast Bighway, the current Sand and Sea Club site. Mayor Yannatta Goldway moved to follow the procedure suggested by the City Manager to first hear the staff report and to ask questions of staff; then to hear the represented bidders for ten minutes each, the first of those bidders being the one recommended by staff and then the others speaking after that; and then to hear members of the public not associated with any of the bidders. Second by Councilmember Conn. The motion was approved by unanimous vote. The staff report was presented. Discussion was held. The following bidders gave presentations in regard to the matter: Pacific Parks, Inc. (recommended by staff), Perino's, and the Mountain Restoration Trust. Following discussion, Councilmember Conn moved to hear member of the public for three minutes each. Second by Councilmember Press. The motion was approved by unanimous vote. The following persons spoke in regard to the matter: Victoria Aroujo, A. M. Man, Moe Stavnezer, Stephen Garrett, Wayne Hall, J. B. Tietz, Daniel Cohen, Pam Fink, Melissa O'Leary, Mike Cohen, Trusse Norris, Fred Harris, Richard Wilson, Elizabeth Wilson, Lillian Green, Richard Parra, Lisa Cordero, and David G. Cameron. Mayor Pro Tempore Edwards moved to extend the meeting past 11:00 P.M. Second by Councilmember Conn. The motion was approved by a vote of 6-1, Councilmember Reed opposed. Discussion was held. Staff was directed to report on parking in relationship to the restaurants; on transportation, access, and a total plan; and on expended facilities. Mayor Pro Tempore Edwards moved to approve the staff recommendation to authorize the City Manager to negotiate a lease with Pacific Parks, Inc., for the site at 415 Pacific Coast Highway, and to authorize submission of the recommendation to the State Legislature and to the appropriate State agencies as required law and contract. Included in the motion were amendments to the recommendation, as stated by the City Manager, that if and when daily permit revenue would provide for a balanced fiscal operation eliminating the need for annual permits, the annual permits would be stricken; that empty shuttle bus seats would be available to anyone, regardless of whether they had a permit; that through a combination of the exist1ng bus fleet and judicious use of Proposition "A" funds, a limited number of vehicles would be made available, which would not incur any additional operating costs to the City, to be utilized to increase access to the beaches; and that there would be free public access to the sand and beach area. Also included in the motion was direction to staff to report on Council concerns regarding signing, changing the name of the site, and public access, including 3 August 17, 1982 420 . pedestrian access through to the beach. Second by Mayor Yannatta Goldway. Discussion was held. With the consent of the second, Mayor Pro Tempore Edwards accepted as friendly amendments to the motion that there be specific language, in the section describing terms and conditions as opposed to the introduction, clarifying access and including a commitment for clear and direct pedestrian access through the parking lot to the beach; that the record indicated that the design of Ocean House should meet the view concerns and neighbor concerns; that staff negotiate an increase in the number of free permits for special populations; that day care program provisions for facililty users be included in the lease agreement; that there be precise language in the contract regarding setting aside the facility on a regular basis for use by senior citizen organizations and organizations concerned with the interests of minority and disabled populations, and that affected organizations be consulted before finalizing the language; and that the Recreation and Parks Department be consulted in determining language for assuring some minimum amount of time for the City to have for its use for public programs. Following further discussion, the motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Reed requested that the record reflect that at no time did she receive any financial statements or information about the financial viability of Pacific Parks; she did, however, receive such information about all the other proposals; also, she had not sought any information fram the bidders or the staff separate from this and other public meetings; and she cast her vote no. At 12:35 A.M., Councilmember Reed moved to take a five minute break. Second by Councilmember Conn. The motion was approved by unanimous vote. Council reconvened at 12:45 A.M., with all members present as at roll call. II-G: PICO NEIGHBORHOOD HOUSING: Presented was a staff report transmitting a recommendation for approval of an authorization of the City Manager to execute contracts for the Pico Neighborhood housing rehabilitation and revitalization program. Discussion was held. Councilmember Zane moved to approve Contract No. 3829(CCS) with the Pico Neighborhood Association and Contract ~o. 3830(CCS) with the United Community and Housing Development Corporation for the provision of a P~co Neighborhood housing rehabilitation and revitalization program, and to authorize execution by the City ! Manager. Second by Councilmember Conn. The motion was approved by . the following vote: . 4 August 17, 1982 . . . 421 Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Vannatta Goldway Absta1n: councilmember Reed Councilmember Jennings moved to direct staff to review the Community Development Block Grant form contracts in regard to the inclusion of more specific Affirmative Action requirements and report back to Council prior to next year's Community Development Block Grant hearings. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Il-H: LOS ANGELES MARATHON: Presented was a staff report transmitting a recommendation to deny the appeal of Aaron Russo Sports to hold the Los Angeles Marathon finish in Santa Monica in December of 1982. Discussion was held. David Zelon spoke on behalf of Aaron Russo Sports. Mayor Vannatta Goldway moved to grant the request of Aaron Russo Sports and to make an exception for the Citywide Los Angeles Marathon to allow the race on December 12, 1982. The motion died for lack of a second. Councilmember Conn moved to deny the appeal of Aaron Russo Sports to allow the finish of the Los Angeles Marathon at the beach parking lots in Santa Monica. Second by Councilmember Reed. After further discussion, the motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Reed Negative: Mayor Vannatta Goldway Abstain: Councilmember Zane 14-A: HAZARDOUS WASTE MANAGEMENT: Presented was the request of Councilmember Jennings for a discussion on opposition to Senate Bill 1777 regarding the State's hazardous waste management program. Councilmember Jennings opened discussion. Councilmember Jenninss moved that Council go on record in opposition to SB 1777, an industry sponsored bill regarding the State's hazardous waste management program. Second by Mayor Vannatta Goldway. The motion ... was approved by the following vote: Council Vote: Unanimously approved 7-0 . 14-B: LIQUOR LICENSE/200l PICO BOULEVARD: Presented was the request of Mayor Vannatta Goldway for a dlScussion of the application for a liquor license at 2001 pico Boulevard. Mayor Vannatta Goldway opened discussion. Fred Allingham spoke in regard to the matter. Mayor Vannatta Goldway moved to direct staff to write a letter requesting Alcoholic Beverage Control to delay issuance of a liquor license for 2001 pico Boulevard, pending further investigation of the matter, and for staff to report back I 5 August 17, 1982 422 . by the first meeting in September. Second by Councilmember Conn. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Staff was directed to determ1ne a time frame for Council information in regard to reporting on a City-wide liquor license policy. Il-F: CLOSED SESSION: At 1:31 A.M., Councilmember Conn moved to recess to closed session for the purpose of considering pending litigation and personnel matters. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Council reconvened at 2:17 A.M., with the following members present: Councilmembers Conn, Edwards, Jennings, Zane and Mayor Yannatta Goldway. Mayor Yannatta Goldway announced that no action had been taken during the closed session. At 2:18 A.M., Mayor Yannatta Goldway moved to adjourn the meeting in memory of MarJorie M. Smith, Naomi Inez Briney, Lawrence L. Knox, Howard F. Brown, Catherine Parker and Henry Fonda. Second by Councilmember Jennings. The motion was approved by the following vote: . Council Vote: Unanimously approved 5-0 Absent: Councilmembers Press and Reed At:: AA Connie McNeely Acting City Clerk (2ROVE Rut~ nnatta GOld~ Mayo lw!y e:.I . 6 August 17, 1982 .