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M-10/25/1983 . . . . 467 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 25, 1983 A regular meeting of the Santa Monica City Council was called to order by Mayor Edwards at 7:32 P.M. on Tuesday, october 25, 1983. Councilmember Zane led the assemblage in the pledge of allegiance to the United States of America. Reverend John Shaw, Chaplain, Santa Monica Hospital, offered the invocation. Mayor Edwards granted Councilmernber Epstein's request to have a moment of silence to commemorate all American servicemen Who have lost their lives in the last month in service to their country. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn Councilmember David G. Epstein Councilmember William H. Jennings Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, ~r. City Attorney Robert M. Myers Assistant City Attorney Stephen S. Stark City Clerk Ann M. Shore JOINT MEETING WITH REDEVELOPMENT AGENCY A special meeting of the Redevelopment Agency in Joint session with the City Council was called to order by Mayor Edwards at 7:40 P.M. Roll Call: Present: Chairperson Ken Edwards Chairperson Pro Tempore Dolores M. Press Agency Member James P. Conn Agency Member David G. Epstein Agency Member William H. Jennings Agency Member Christine E. Reed Agency Member Dennis Zane Executive Director John H. Alschuler, Jr. Agency Attorney Robert M. Myers Agency Secretary Ann M. Shore RA-l: APPROVAL OF MINUTES: Council/Agency Member Reed moved to approve as written Redevelopment Agency minutes of July 27, 1982; 1 October 25, 1983 468 . August 10, 1982, August 24, 1982, and March 22, 1983. Second by Council/Agency Member Conn. The motion was approved by a vote of 6 in favor, Council/Agency Member Epstein abstaining and requesting the record to show that he was not a member of the Council/Agency at the time of these meetings. Council/Asency Member Conn moved to approve as written the Redevelopment Agency minutes of June 21, 1983, June 28, 1983, August 9, 1983, and September 13, 1983. Second by Council/Agency Member Reed. The motion was approved by unanimous vote. RA/CC-2: OCEAN PARK REDEVELOPMENT PROJECT LITIGATION: Presented was a staff report transmitting resolutions relating to settlement of Ocean Park Redevelopment ProJect litigation, the City Council and Redevelopment Agency having approved, at joint meeting on August 9, 1983, various settlement documents in Lincoln Property Co. v. Redevelopment Agency, Los Angeles Superior Court Case Number C 382489. Asency Member Epstein moved to adopt Redevelopment Agency Resolution No. 377(RAS) entitled: "A . RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA i APPROVING SETTLEMENT OF CLAIMS AND LITIGATION CONCERNING OCEAN PARK REDEVELOPMENT PROJECT AND APPROVITNG COVENANTS RUNNING WITH THE LAND." Second by Agency Chairperson Edwards. The motion was approved by the following vote: . Agency Vote: Affirmative: Agency Members Conn, Epstein, Jennings, Reed, Zane and Agency Chairperson Edwards Negative: Agency Member Press Councilmember Epstein moved to adopt City Council Resolution No. 6765(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVITNG SETTLEMENT OF CLAIMS AND LITIGATION CONCERNING OCEAN PARK REDEVELOPMENT PROJECT," reading by title only and waiving further reading thereof, awarding Contract No. 403l(CCS) to Santa Monica Redevelopment Agency, Pacific Dominion Property Company, Bernice Marshall and LiuciJa Bashauskas, Contract No. 4032(CCS) to Redevelopment Agency, Pacific Dominion Property Company, Lawrence Gittler and Simone Blais, Contract No. 4033(CCS) to Redevelopment Agency, and Santa Monica Shores and Pacific Dominion Property Co. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Epstein, ~ennings, Reed, Zane and Mayor Edwards Negative: Councilmember Press 2 October 25, 1983 . . . . . 469 Discussion was held. It was noted that Councilmember Zane desired to speak on a matter which was not on the Council Agenda at this time. Council/A~ency Member Epstein moved to suspend the rules to permit Member Zane to ask a question and receive a brief response from staff. Second by Council/Agency Member Reed. The motion was approved by unanimous vote. Upon advice from the City Attorney that it would not be appropriate to suspend the regulations of the Brown Act, Council/A~ency Member Zane moved to hold a discussion at the next regularly scheduled City Council and Redevelopment Agency meeting in regard to the procedure and timing of resolving the housing and beach front issues of the Ocean Park Redevelopment 'Project. Second by Council/Agency Member Epstein. The motion was i approved by unanimous vote. RA/CC-3: CLOSED SESSION: A request for Closed Session to discuss pending litigation was withdrawn at the request of staff. ADJOURNMENT OF REDEVELOPMENT MEETING: At 7:48 P.M., Agency Member Epstein moved to adjourn the Redevelopment Agency meeting. Second , by Agency Member Conn. The motion was approved by unanimous vote. REGULAR CITY COUNCIL MEETING The Council convened in regular session. Councilmember Conn moved to add Items 14-G and 14-H to the agenda. Second by Mayor Edwards. The motion was approved by unanimous vote. Councilmember Reed moved to consider the request of KCRW to delay air time on November 8, 1983, from 7:30 P.M. to 8:00 P.M. Second by Councilmember Epstein. The motion was approved by unanimous vote. 4-A: BOARD AND COMMISSION VACANCIES ANNOUNCED: The City Clerk announced that applications are invited to fill vacancies on the Task Force on Latino Affairs, Housing Commission, Third Street Mall Corporation and Architectural Review Board. Councilmember Press I introduced discussion in regard to the notice published to invite I applications to the Third Street Mall Corporation. Councilmember IZane moved to amend the qualifications for appointment to that ~corporation so that it read "appointments are open to City residents and persons who are employed, own property, and hold business licenses in the City of Santa Monica" (deleting "persons who do business" in the City). Second by Councilmember Press. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Jennings, Press, Reed, and Zane Negative: Councilmembers Conn, Epstein and Mayor Edwards 3 October 25, 1983 470 . Councilmember Epstein moved to consider the Consent Calendar at this time. Second by Councilmember Reed. The motion was approved by unanimous vote. 6. CONSENT CALENDAR. The Consent Calendar was presented, whereby all Items are cons1dered and approved in one motion unless removed from the Calendar for discussion. Councilmember Conn moved to approve the Consent Calendar with the except10n of Agenda Item 6-A, reading resolutions and ordinances by titles only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6767(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. . 6-C: CONTRACT FOR OPERATION AND MAINTENANCE OF SANTA MONICA PIER CAROUSEL: Withdrawn at the request of staff. 6-D: LEASE FOR NEIGHBORHOOD CENTER, 2233 FIFTH STREET:: A recommendation to authorize City Manager to execute a renewed lease Contract No. 4045(CCS) with Fraternal Endeavors (FE) for the property at 2233 Fifth Street operated as a Neighborhood Center was approved; renewing Contract No. 3838(CCS). 6-E: TRUCK-MOUNTED CRANES: Bid No. 1911 was awarded to Thorson GMC, Buick, Inc. in the amount of $39,502.98 for two truck-mounted cranes for the Water Division. 6-F: REFUSE TRUCKS: Bid No. 1912 was awarded to International Harvester in the amount of $334,135.60 including tax and trade-ins to furnish and deliver four refuse trucks for the Refuse Divis1on. 6-G: REFUSE CONTAINERS: Bid No. 1918 was awarded to Consolidated Fabricators Corporation in the amount of $84,534.38 for refuse containers for Refuse Division. 6-H: TRUCK MOUNTED SEWER RODDING MACHINE: Bid No. 1920 was awarded to Southwest Flexible Sewer Equipment Company in the amount of $33,728.32 including tax and trade-ins for one new truck mounted sewer rodding machine for Sewer Division. . 6-1: TRANSIT MIXED CONCRETE: Bid No. 1921 was awarded to Livingston Graham at unit prices and terms offered for period from November 1, 1983 through October 31, 1984 for transit mixed concrete for the General Services Department. 4 October 25, 1983 . . . . . 471 6-J: PAINT AND PAINTING SUPPLIES: Bid No. 1923 was awarded to Sinclair Paint Co., Glidden Paint co., Pittsburgh Paints, and Dunn and Edwards at unit prices for periods specified for paint and painting supplies for Central Warehouse to be used as needed by other departments. END OF CONSENT CALENDAR 6-A: APPRO~L OF MINUTES: Councilmember Reed requested that the minutes of September 20, 1983, be corrected on Page 5. second paragraph to read instead "Councilmember Epstein requested that the record reflect that he cannot commit to this project until the Community Corporation Board of Directors is broadened." Councilmember Epstein requested correction to the minutes of : September 20, 1983. Page 8, Agenda Item ll-K, to indicate that iCouncilmember Zane was absent after the Closed Session (not Councilmember Reed). Councilmember Reed requested correction to the minutes of September 27. 1983, Page 6. Agenda Item 6-U. after the vote, to include the following statement: "Councilmember Reed requested that the record reflect that she believed the content of ithe agreement being discussed was precedent setting and not in the best interest of the City." Councilmember Epstein requested correction to the minutes of October 11, 1983, Page 8. first line, to indicate that Councilmember Epstein moved to establish the guideline, second by Councilmember Jennings. Councilmember Reed moved to approve the minutes of March 22, 1983 as presented to the City Council at this time, which included a correction to Item 8-A as requested on October 11. 1983, related to an ordinance providing that no demolition permit shall be issued for removal of any building or structure until the Building Officer has issued a building permit for a replacement building or structure on the property. Second by Councilmember Conn. The motion was approved by a vote of 6 in favor, Councilmember Epstein abstaining because he was not a member of the Council at that time. Councilmember E~stein moved to approve the minutes of September 20, 1983, September 27, 1983 and October 18, 1983, corrected as requested during discussion. Second by Mayor Edwards. The motion was approved by unanimous vote. Councilmember Epstein moved to approve the minutes of October 11, 1983, corrected as requested during discussion. Second by Mayor Edwards. The motion was approved by a vote of 6 in favor, Mayor Pro Tempore Press abstaining because of ,absence from the meeting. S-A: BUSINESS LICENSE TAX: Presented was a staff report transmitting for reintroduction and first reading an ordinance ,regarding various changes in the business license tax structure (continued from September 27, 1983 and October 18, 1983). The ;Public Hearing was declared open at 8:07 P.M. Norman G. Kuch, \Attorney. Southern California Edison Company, requested that i5 October 2S, 1983 472 . utility companies be exempted from the tax. Conrad Melilli requested that the ordinance be revised to be more equitable to small contractors. F. W. Witt spoke in support of the staff recommendation in Which savings and loans associations are exempted. Isa Feinstein spoke in opposition of the tax especially in regard to the retail community. Joe Miko, President, Santa Monica Area Chamber of Commerce, spoke in support of the process Whereby an extension had been granted and opportun1ty given to work with staff to formulate an ordinance Which is improved over that presented originally. Norma Gonzales, District Manager, Southern California Gas Company, urged that Southern California Ed1son Company be exempt from the tax. Harry Enck spoke in opposition to the high tax proposed for contractors. Tom Nitti spoke to to endorse the compromise ordinance, except that contractors should be handled at the discretion of the City. There being no one else wishing to speak to the matter, the Public Hearing was closed at 9:02 P.M. Discussion was held. Mayor Edwards moved to introduce for first reading an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6106, 6107, 6116, 6209, 6212B, 6212C, 6212E, 6219A, 6225, 6226, 6236, AND 6240 OF THE SANTA MONICA MUNICIPAL CODE, REPEALING SECTION 6240A OF THE SANTA MONICA MUNICIPAL CODE, AND ADDING SECTIONS 6116B, 6127, AND 6225A OF THE SANTA MUNICIPAL CODE RELATING TO THE BUSINESS LICENSE TAX," reading by title only and waiving further reading thereof. Second by Councilmember Conn. After discussion, the motion was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed Councilmember Epstein requested the record reflect that his no vote is essentially a protest against the fact that his views were not considered during the budget process. Councilmember Reed requested the record reflect reasons as stated by Councilmember Epstein. 5-B: CABLE TELEVJSION UTILITY USERS TAX: Presented was the staff report transmitting an ordinance for second reading and adoption adding Section 6623A to the Municipal Code to include cable television under the City's utility users tax, the ordinance having been introduced for first reading on September 27, 1983 and continued from October 11, 1983. Councilmember Epstein moved to adopt Ordinance No. 1286(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6623A TO THE SANTA MONICA MUNICIPAL CODE RELATING TO CABLE TELEVISION UTILITY USERS TAX," reading by title only and waiving further reading thereof. Second by Councilmember Conn. (Councilmember Jennings departed from the Chamber.) Discussion was held. The motion was approved by the following vote: . 6 October 25. 1983 . . . . . 473 Council Vote; Unanimously approved 6-0 Absent: Councilmember Jennings s-C: GANN APPROPRIATION LIMIT FOR FISCAL YEAR 1983-84: Presented s a staff report recommending adoption of a resolution establishing the City's Gann appropriation limit for the 1983-84 Fiscal Year at $32,032,350, the matter having been continued from October 11, 1983. Councilmember Press moved to adopt Resolution Q. 6766(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE !CITY OF SANTA MONICA ESTABLISHING AN APPROPRIATION LIMIT POR THE :PISCAL YEAR 1983-84," reading by title only and waiving further ~eading thereof. Second by Councilmember Zane. Discussion was eld. The motion was approved by the following vote; Council Vote; Affirmative; Councilmembers Conn, Press, Zane and I Mayor Edwards Negative: Councilmembers Epstein and Reed r r I i5-D: DEVELOPMENT REV~EW PROCESS: Presented was the request of ouncilmember Epstein to discuss a letter from Arch~tect James ount requesting review of criteria relating to development review rocess of the Planning Commission, (continued from September 27 nd October 11, 1983). Presented was an oral staff report in iscussion of the matter and recommending no action pending doption of a land use element, instead that staff more flexibly pply the existing exemption procedure contained in Ordinance No. 251(CCS). Discussion was held. It was generally agreed to follow he staff recommendation, and it was noted that no motion was ecessary. Absent; Councilmember Jennings (Councilmember Jennings returned to the Council Chamber.) -A; SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a staff report 'n regard to a Public Hearing on assessment of costs to repair amaged sidewalks, driveways and curbs (SR-83-52). The Public earing was declared open by Mayor Edwards at 9:16 P.M. There being o one wishing to speak, Councilmember Conn moved to close the ublic Hearing 9:17 P.M. Second by Councilmember Zane. The motion was approved by unanimous vote. (Councilmember Epstein departed from the Council Chamber.) Mayor Edwards moved to acknowledge that ~o protests had been received and to adopt Resolution No. 6768(CCS) ~ntitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-83-52)," reading by title only and waiving further reading October 25, 1983 ~/~ . thereof. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Epstein (Councilmember Epstein returned to the Council Chamber) 8-A: UTILITY TAX REBATE AND EXEMPTION: Presented was a staff report transmitting an ordinance for reintroduction and first reading amending the Municipal Code to provide exemption procedures from payment of the City's Utility Tax, having been introduced on September 13, 1983. The PUblic Hearing was declared open by Mayor Edwards at 9:20 P.M. There being no one present wishing to speak to the matter Councilmember Epstein moved to close the Public Hearing at 9:21 P.M. Second by Councilmember Conn. The motion was approved by unanimous vote. Discussion was held. Co~ncilmember Epstein moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 6633 RELATING TO UTILITY TAX REBATES AND EXEMPTIONS," reading by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Unanimously approved 7-0 8-B: DEVELOPMENT AGREEMENT WITH MARTIN CADILLAC CO., INC. PROPOSED FOR RELOCATION TO 3300 OLYMPIC BOULEVARD: Presented were staff reports regarding a Development Agreement which would permit Martin Cadillac Co., Inc. to construct an automobile dealership and office building at 3300 Olympic Boulevard; the staff reports presented a history of the project, summary of Planning Commission recommendations (including a revision to the proposed Development Agreement to delete provisions relating to the tax exempt financing of the parking structure), a resolution for adoption certifying the Final Environmental Impact Report and an ordinance for introduction and first reading approving the Development Agreement with findings. Discussion was held. Councilmember Reed moved to recess for ten minutes to permit time to read the documents presented at the meeting. The motion was duly seconded and approved by unanimous vote. Council reconvened after the recess. The public hearing was declared open at 10:17 P.M. by Mayor Edwards. Roger Hong and Brian Kite of Arechaederra, Hong and Treiman Architects, and Anthony Barash, Attorney, representing Martin" Cadillac Co., Inc., described the project. presented drawings, and spoke in support of the proposal. Member of the public spoke as follows: Joe Schacherer spoke in support of the project and requested that parking and traff1c problems be addressed. Donna Alvarez spoke in . 8 October 25, 1983 . . . . . 475 support of the project if the building height is lowered, the community receives preferential parking at no cost to residents, parking and traffic problems are solved, and the neighborhood receives a larger share of the revenues. Donald Lewin Nelson requested that the Environmental Impact Report address the environmental effects of lead contamination. Councilmember Conn moved to continue discussions past 11:00 P.M. Second by Councilmember Epstein. The motion was approved by unanimous vote. Wayne Handley spoke in objection to the building bulk and height and increased traffic and density. Lorrie Monson spoke of the need to address the problems of parking, traffic and lead contamination. Winnie Zurcher requested a stop light on Delaware and Stewart if the project is developed. Tak Sumi spoke of the need to finance for traffic and parking abatement. Susan Cloke, representing the majority view on the Planning Commission, spoke of their attempts to create a list of mitigating conditions in regard to the project and their concerns regarding height and bulk of the office building, traffic and parking impact on the neighborhood, uncertainty in regard to realization of the proposed linear park, and nonconformity with the forthcoming Land Use Element. There being no one else wishing to speak to the matter, the public hearing was declared closed at 11:20 P.M. Discussion was held. Mayor Edwards moved to adopt Resolution No. 6769(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE DEVELOPMENT AGREEMENT BETWEEN MARTIN CADILLAC COMPANY, INC., AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof, including an additional finding that the presence of lead in the neighborhood does not present a significant environmental impact of the project. Discussion was held. With the consent of the second, Mayor Edwards included in the motion the suggestion of Councilmember ~ennings that the following words be added to the finding: .....and appropriate mitigating measures have been incorporated into the Development Agreement," Further discussion was held. The motion, as amended, was approved by the following Council Vote: Unanimously approved 7-0 Discussion was held. Councilmember Epstein moved to approve the staff recommendation, thereby intrOducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVITNG THE DEVELOPMENT AGREEMENT BETWEEN MARTIN CADILLAC CO., INC., AND THE CITY OF SANTA MONICA", reading by title only and waiving further reading thereof; approving the proposed I Development Agreement with the following finding: The Development I Agreement is consistent with the C~ty's adopted General Plan, which i designates the site area in a general industrial land use category ; which has been implemented by zoning to include a variety of uses, 19 October 25, 1983 476 . including office and some retail uses. No specific plans apply to the area in question. While certa~n components of the project design exceed various existing, interim, or proposed development standards, overall the project is consistent with the broad direction of City land use planning. Further, the motion included approval of the deal point and clarification changes to the proposed Development Agreement as recommended in the staff report dated October 26, 1983, with clerical corrections as specified by staff. Second by Mayor Edwards. Discussion was held. With the consent of the second, Mayor Edwards included in the motion approval of Exhibit 3, General Service requirements for this project, with the additional requirement "That General Services is required to provide for the owner to complete soil tests for lead and mitigate any problems exceeding state standards prior to the issuance of building permit for dealership." With the consent of the second, Mayor Edwards included in the motion, an amendment to the Development Agreement, Page 7, Section 9, adding to the last sentence, "In the event that the requested subdivision of the real property requires material changes (as defined in Section 13), then nothing in this agreement..." Discussion was held. With the consent of the second, Mayor Edwards included in the motion an amendment to the Development Agreement, Page 4, Section 5, to add "Security interests in all or a portion of the real property may be granted by the owner and by one or more successors in interest in the real property. Each party hereby agrees that the holder of any mortgage or deed of trust or any other security interest secured by all or a portion of the real property shall be entitled to enforce the benefits granted to the owner and bound by the burdens imposed upon the owner pursuant to this agreement." With the consent of the second, Mayor Edwards included in the motion an amendment to the Development Agreement adding on Page 24, Section 28, Neighborhood Parking/Traffic, the following language to effectuate concerns about costs of preferential parking: "In the event that the annual cost of providing preferential parking permits to such residents as they may require exceeds $5,000, the City shall bear, at no cost to either the owner or such residents, all costs of providing such preferential parking permits in excess of $5,000 per year." Discussion was held. . With the consent of the second, Mayor Edwards included in the motion an amendment to the Development Agreement on Page 22, Section 25, Environmental Health and Safety Requirements, adding that "The owner shall submit a program to the City that will provide attendant parking or reasonable alternative security measures during normal business hours in the low grade parking areas serving the office structure. This program must be approved by the City at least 30 days prior to the issuance of a certificate . 10 October 25, 1983 . . . . . 477 of occupancy for the office." Discussion was held. With the consent of the second, Mayor Edwards included in the motion an amendment to the Development Agreement, as requested by Councilmember Reed, adding to Page 25, Section 31, Air Rights, language Which says "In no event will the City utilize the air rights for more than one layer of parking in addition to that which is already planned for the building and that such parking shall be constructed with a minimum height impact." Discussion was held. Councilmember Reed moved to amend the Development Agreement by deletion of the first paragraph on Page 14 Which states the findings of the Hamilton, Rabinowitz and Szanton study Which be moot When the City's proposed Business License Tax is adopted. Second by Councilmember Epstein. Following additional !discussion, and with the consent of the second, Mayor Edwards 'included in the motion the suggestion of Councilmember Reed that the Development Agreement be amended on Page 14, Section 18, first paragraph, to read in "A separate and independent study commissioned by the City and prepared in 1982 by the firm of Hamilton, Rabinowitz and Szanton ("HRS") has determined that office development may have an adverse..." After discussion, the motion, as amended, was approved by the following vote: council Vote: UnanimOUSly approved 7-0 Councilmember Epstein requested the record to reflect that (1) he does not accept the accuracy or validity of the HRS study, and (2) he is voting in favor in spite of the fact that he thinks some of the provisions of the agreement are either unfair or poor public policy. Malor Edwards moved to direct staff to study and consult with affected residents regarding the establishment of a preferential parking district in the residential neighborhood bounded by Stewart Street, Santa Monica Freeway, the east C~ty border and Exposition Boulevard and to report back to the City Council with I recommendations within 120 days. Second by Councilmember Epstein. !Mayor Edwards included in the motion the request of Councilmember Epstein to add as a work objective for the General Services Department preparation of a traffic mitigation plan generally for that same area. The motion and its addition as approved by the following vote: Council Vote: UnanimOUSly approved 7-0 Ma~or Edwards moved to direct the Architectural Review Board, in lits review of the project design, to pay particular attention to 11 October 25, 1983 . building materials, fenestration and the design and placement of outdoor public plaza areas; in performing the review, the Architectural Review Board shall consider the urban design recommendations made in connection with the City's Land Use Element of the General Plan. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Affirmat~ve: Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmember Epstein Councilmember Zane moved, on behalf of the concerns of some members of the public regarding the timeliness of the involvement of directly affected neighbors, that staff understand that it is the intent of the Council with respect to Development Agreements that every effort be made to assure that affected neighbors are involved in the process at the earliest possible occasion. The motion was duly seconded and approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmember Epstein A short recess was held. (Councilmember Jennings departed from the meeting at 1:14 A.M.) (City Attorney Myers returned to the Chamber at 1: 15 A.M.) ll-A: WILSHIRE BOULEVARD DESIGN/CENTINELA GATEWAY ART WORK: Presented was a staff report recommending approval of the concept of streetscape design for wilshire Boulevard and the proposed scope of service for a design team; and approval of the Arts Commission plan to commission a major public art work entitled "The Centinela Gateway", the recommendation amended by staff to suggest that Council consider this evening "The Centinela Gateway" public art work and continue cons~deration of the Wilshire Boulevard design to November 8, 1983. Discussion was held. Councilmember Zane moved to approve the plan of the Arts Commission to commission its first major public art work entitled "The Centinela Gateway." Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affinnative: Councilmembers Conn, Press, Reed, Zane and Mayor Edwards Abstain: Councilmember Epstein Absent: Councilmember Jennings . 12 October 25, 1983 . . . . . 479 ll-B: Closed Session was held later in the evening. l2-A: INTERIM DEVELOPMENT PERMIT, 2937-2939 MAIN STREET: Presented was the matter of an appeal from the Planning Commission's determination regarding Interim Development Permit (DR 189) to permit tables on the premises at 2937-2939 Main Street by applicant Ambrosia Catering. Councilmember Epstein, appellant, discussed the request of the applicant to place small tables at their catering business to show photographs of their work and hold food samples. Discussion was held. Carl Bendix, applicant, spoke in support of the request. Councilmember Zane moved to grant the appeal and allow a number of small tables to be located at Ambrosia Catering ! for display of materials and presentations to prospective clients, i such tables not to be used for the purpOse of selling food to the general public. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Press, Zane and Mayor Edwards Negative: Councilmember Reed Absent: Councilmember Jennings 12-B: INTERIM DEVELOPMENT PERMIT, LEAR SIEGLER, INC. 3400 AIRPORT AVENUE: Continued to November 8, 1983 at request of applicant and staff. l4-A: ARTS COMMISSION: Presented was the, matter of nominations to fill a vacancy on the Arts Commission. Councilmember Conn moved to suspend the procedures and accept late applications and nominations. Second by Councilmember Epstein. The motion was approved by unanimous vote. Nominations were opened by Mayor \ Edwards. Councilmember Reed nominated Deborah Ash~n. There being no other nominations, nominations were closed. The vote on the I nomination of Deborah Ashin was held as follows: I iCouncil Vote: UnanimOUSly approved 6-0 Absent: Councilmember Jennings Therefore, Deborah Ashin was appointed member of the Arts Commission for a term expiring June 30, 1985. l4-B: LANDMARKS COMMISSION: Presented was a letter of resignation from Guy E. Devorris from the Landmarks Commission. Councilmember Reed moved to accept the letter of resignation from Landmarks :Commissioner Devorris and authorize the City Clerk to publish a 'notice of vacancy. Second by Councilmember Conn. The motion was ,approved by the following vote: 13 October 25, 1983 480 . Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings l4-C: TRAVEL ALLOWANCE, PLANNING COMMISSIONER SHEARER: Withdrawn at the request of staff. l4-D: FINGERPRINTING IDENTIFICATION FOR MINOR CHILDREN: Presented was the request of Mayor Edwards to discuss waiving the fee for fingerprinting identification for minor children and coordinating the schedule with schools and local service agencies. Discussion was held. Councilmember Epstein moved to approve staff to work in conjunction with school and local service agencies to establish a time period during which to maximize utilization of the Police Department's ability to fingerprint Children. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 . Absent: Councilmember Jennings l4-E: CITY COUNCIL/CHAMBER OF COMMERCE JOINT COOPERATION COMMITTEE: Presented was the request of Mayor Edwards to consider creation of a City Council/Chamber of Commerce Joint cooperation Committee. Mayor Edwards moved to form such a committee to hold ongoing meetings as needed to discuss problems, etcetera. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 14-1: KCRW BROADCAST: Presented was the request of KCRW to delay the broadcast time of the City Council meeting on November 8, 1983, from 7:30 P.M. to 8,00 P.M. in order to accommodate their fund raising activity. Mayor Edwards moved to direct the City Attorney to prepare necessary documents to amend Contract No. 3940(CCS) with KCRW to grant their request to delay broadcast time on November 8, 1983, to 8:00 P.M. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 . Absent: Councilmember Jennings 14-F: METROPOLITAN WATER DISTRICT ADVERTISING CAMPAIGN: Presented was the request of Councilmember Epstein to consider a resolution 14 October 25, 1983 . . . . . 481 opposing the $600,000 Metropolitan Water District institutional advertising campaign. councilmember Epstein moved to request staff to prepare a resolution opposing the advertising campaign of the Metropolitan Water District and meanwhile authorize the Mayor to write to local governments and the Metropolitan Water District expressing our views. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings l4-G: ASSISTANCE TO MAZATLAN: Presented was the request of Councilmember Reed to consider that the City work with the Sister Cities Association to help Mazatlan which was damaged by a hurricane. Councilmember Reed moved to authorize staff to work with the Sister Cities Association to provide assistance in their efforts to help Mazatlan after hurricane damage in ways that we can be of help without expenditure of City funds. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings l4-H: ELDERLY AND DISABLED TAXICAB COUPON SUBSIDY PROGRAM: Councilmember Conn moved to continue the matter to November 8, 1983. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings ll-B: CLOSED SESSION: Presented was a request to hold a Closed Session to discuss pending litigation and personnel matters. At 1:55 A.M., Councilmember Epstein moved to adjourn to Closed Session for the stated purposes. The motion was duly seconded and approved by unanimous vote. At 2:10 A.M. Councilmembers reconvened with the following members present: Councilmembers Conn, Epstein, Reed and Mayor Pro Tempore Press presiding. Councilmember Conn moved to approve settlement of the Case WEC 073569, Schwartz versus the City, in the amount of $5,000. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmember Jennings, Zane and Mayor Edwards 15 October 25, 1983 482 . ADJOURNMENT: At 2:15 A.M., Councilmember Conn moved to adjourn the meeting, continuing until November 8, 1983, Agenda Item l2-B, adjournment to be in memory of George Bartholomew Fox, Maria Frigo, Ralph S. Nesbitt, Captain Elie Haddad, Martha Steiner, Willisa Brown Hayden, Robert J. Wright and Maurice Bishop, the recently deceased Prime Minister of Grenada Who was assassinated. Second by Councilmember Epstein. The motion was approved by the fOllowing vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings, Zane and Mayor Edwards ATTEST: rVE~ ~~t5 Mayor . ~ l1uJf~ Ann M. Shore City Clerk . ~ 16 October 25, 1983 .