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
.