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M-10/27/1981 . . . . 125 CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS OCTOBER 27, 1981 A regular meeting of the Santa Monica City Council was called to order at 7:36 P.M., Tuesday, October 27, 1981. Mayor Yannatta Goldway led the assemblage in the pledge of alleg1ance to the United States of America and introduced Reverend Steve Hutchison, Trinity Baptist Church, who offered the invocation. Council met as the Parking Authority, adJourned the Authority meeting at 7:53 P.M. and reconvened as Council in regular session at 7:53 P.M. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilrnember William H. Jennings Councilrnember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane Act1ng City Manager Susan McCarthy City Attorney Robert M. Myers Assistant City Attorney Stephen Stark City Clerk Ann M. Shore Councilrnember Conn moved to add Items ll-L and 13-C to the Agenda. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. 5-A: EXEMPTION FROM BUILDING MORATORIUM TO PE&~IT CONSTRUCTION AT 1034-1050 FOURTH STREET: Presented was Claim No. M-071 of Harris Toibb for exemption from the build1ng moratorium to construct a project consisting of 30 condominium units and 10 apartment units at 1034-1050 Fourth Street (previously Item 5-B on September 22, 1981, reconsidered on September 29, 1981 and Item 7-A on October 20, 1981). Claimant Harris Toibb presented changes to his earlier proposal. Member of the public Mary Frances Flynn spoke in support of the proJect and of her concern that assistance be required for those displaced from the1r rental units. Addit10nal discussion was held including participation by Mr. Toibb. Mayor Pro Tempore Edwards moved to grant a hardship exemption on Claim No. M-07l and direct the City Attorney to negotiate a contract for review by Council, subject to conditions stated publicly as well as requirements of any ordinance that have to do with health and safety of buildings. Second by Councilmember Press. With the consent of the second, Mayor Pro Tempore Edwards included 1n the motion the request of Councilmember Zane to add language requiring relocation assistance, and the request of Mayor Yannatta Goldway to alter the agreement which allows demolition and construction to 1 October 27, 1981 126 . begin 180 days later and instead require in the agreement language which says demolition cannot proceed until approval of all permits and a construction loan for the new project have been arranged~ further that the reference to coastal commission approval be removed. Discussion was held. Mayor Yannatta Goldway moved an amendment that the contract require four 2-bedroom units so that at least the existing number of 2 bedroom units of housing stock are maintained. Second by Counc11member Press. After further discussion, Mayor Yannatta Goldway changed the amendment to set as a high priority that there be prov1ded four 2-bedroom apartments and to request the City Attorney to look into that matter during finalization of the contract~ the prior1ty be1ng to replace all the 2-bedroom units that are being removed. With the consent of the second, Mayor Pro Tempore Edwards included in the amendment in the ma1n motion. The motion, as amended, was approved by the fOllowing vote: Council Vote: Unanimously approved 7-0 5-B: LETTER TO RESIDENTS REGARDING BUILDING MORATORIUM AND INTERIM DEVELOPMENT STANDARDS: Councilmember Conn moved to continue the matter to November 3, 1981, at the request of Councilmember Zane. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. . 6. CONSENT CALENDAR: The Consent Calendar was presented. Councilmember Conn moved to approve the Consent Calendar with the exception of Items 6-A, 6-D, 6-F, and 6-Q, reading resolutions and ordinances by t1tles only and waiving further reading thereof. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-B: REVOLVING CASH FUNDS: A request for reimbursement of the following Departmental Revolving Cash Funds: Purchasing $55B.76~ Cemetery $43.33; Transportation $122.11; Police $309.06; Recreation and Parks $198.l9~ Library $102.24, was approved. 6-C: PARKING AND TRAFFIC FINES: Ordinance No. 1229(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 3395 AND 3395A OF THE SANTA MONICA MUNICIPAL CODE AND REPEALILNG SECTION 3395B OF THE SANTA MONICA MUNICIPAL CODE", was adopted. . 6-E: DUMP SITE: Resolution No. 6378(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sh~TA MONICA WAIVING FORMAL BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO PURCHASE EXPERIMENTAL REFUSE DISPOSAL PLAN", using BFI Waste Systems and Valley Reclamation Center, was adopted. 6-G: WAGES: Resolution No. 6379(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING WAGES FOR REVENUE MANAGER, CITY CLERK, AND LICENSE AND PERMIT SUPERVISOR", was adopted. 2 October 27, 1981 . . . . . 127 1'6-H: PARKING PERMIT FEES: Resolution No. 6380(CCS) entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IESTABLISHING MONTHLY PARKING PERMIT FEES FOR PARKING STRUCTURES 1 THROUGH 6", was adopted. "A 6-1: STREET SYSTEM: Resolution No. 638l(CCS) entitled: "A jRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IREQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS iFOR THE MAINTENANCE OF SELECT SYSTEM STREETS (C-90)", was adopted. ; , i6-J: FLOOR SCRUBBING MACHINE: Bid No. 1645 was awarded to R. J. Lison & Co. in amount of $4,563.30 for floor scrubbing machine. 6-K: STREET SWEEPER: Bid No. 1667 was awarded to Nixon-Egli Equipment Co. in amount of $69,933.50 for street sweeper. 6-L: VACUUM TRUCK: Bid No. 1665 was awarded to Schwarze Industries, Inc. in amount of $15,931.80 for one vacuum truck. 6-M: HYDRAULIC WATER STOMPER: Bid No. 1671 was awarded to A. C. Peterson, Co., Inc. in amount of $64.00 per hour for rental with operator of a hydraulic stomper for use by Water Division. 6-N: SALE OF INOPERATIVE BUSES: Bid No. 1637 was awarded to Dickenson Sales and Service in amount of $27,750 for sale of six used inoperative buses. 6-0: REPIPING POLICE DEPARTMENT BUILDING: A recommendation that Bid No. 1664 for repiping of Police Department building be rejected and staff be directed to study alternative specifications, was approved . 6-P: CRANE TRUCK: Bid No. 1668 was awarded to General Motors Corporation in amount of $60,163.48 for truck w1th hydraulic crane for Pier maintenance. 6-R: REFUSE CONTAINERS: Bid No. 1691 was awarded to Consolidated Fabricators in amount of $40,786 for refuse containers in Curbside Recycling Project. END OF CONSENT CALENDAR: (Mayor Yannatta Goldway departed at 8:44 P.M.) i ~-A: APPROVAL OF MINUTES: Presented for consideration were finutes of C1ty Council meetings. Council~ember Reed moved to approve the minutes of September 8, 1981, and September 15, 1981, ~s written, and the minutes of September 22, 1981, corrected on page 6, Item 8-B, tenth line to read "...five votes being required to cont1nue past 11:00 P.M.". Second by Council~ember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 3 October 27, 1981 128 . Absent; Mayor Yannatta Goldway 6-D; NOTIFICATION AND FEE REQUIREMENT FOR PROCEEDINGS UNDER INTERIM PERMIT PROCEDURES; Presented was an ordinance for adoption establishing notification and fee requirements for proceedings under interim permit procedures established by Ordinance No. 1220(CCS), introduced October 13, 1981. Councilma~ber Conn ~oved to adopt Ordinance No. 1230(CCS) entitled; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NOTIFICATION AND FEE REQUIREMENTS FOR AN INTERIM PERMIT PROCEDURE ESTABLISHED BY ORDINANCE NUMBER 1220 (CCS) ", reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote; Council Vote; Affirmative; Councilmembers Conn, Edwards, Jennings, Press and Zane . Negative; Councilmember Reed Absent; Mayor Yannatta Goldway 6-Q; VESTED RIGHT/HARDSHIP EXEMPTION CLAIM FINDINGS: Presented for consideration was approval of find~ngs in regard to various denied vested right claims under the building moratorium. Councilmember Conn moved to approve findings regarding denials of the following claims: M-038 at 211 California Avenue, M-066 at 1129-l9th Street, M-067 at 1525 Grant Street, M-068 at 2325-20th Street. M-069 at 2416-34th Street and M-078 at 1450-14th Street. Second by Mayor Pro Tempore Edwards. The motion was approved by the fOllowing vote; Council Vote; Affirmative: Councilmembers Conn, Edwards, Press and Zane ~egative; councilmembers Jennings and Reed Absent; Mayor Yannatta Goldway (Mayor Yannatta Goldway entered at 8;49 P.M.) 16-F; STREET LIGHTING; Presented was a resolution setting a public Ihearing for 7;30 P.M., November 24, 1981, to hear protests Iregarding street lighting construction and confirmation of lassessments in area bounded by Lincoln Boulevard Santa Mon~ca !Freeway, 14th Street and Pica Boulevard (excluding 11th Street) . iMayor Pro Tempore Edwards moved to continue the matter to November 3, 1981. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. . 7-A; WASHINGTON AVENUE TRAFFIC DIVERTERS; Presented was a public hearing regarding Washington Avenue traffic diverters located at 20th and 26th Streets. The staff report was Presented. Discussion 4 October 27, 1981 . .~ . . . . 129 was held. The public hearing was opened at 9:05 P.M. Councilmember Conn moved to hear from members of the public for three minutes each. Second by Councilmember Press. The motion was approved by unanimous vote. The fOllowing persons spoke in support of the barricades: Theodore Guidinger, Philip Frank, Greg Mooser, Darryl Turner, Jerry Reznick, Michael Gottlieb, Cindy Gottlieb, Tom Clark, Arthur F. Eskelin, Hal Neiman, Larry Peterman, Stanley Rubin, Jerry Schwartz. The following persons spoke in opposition to the barriers at this location and/or installation on other streets if the barrlcades remain: Betty S. Mueller, Wayne Schneider, Patrick Smith, Ulysses Gibson, Kathy McGuire, Mary Frances Kanze, Patrick Regan. Mayor Yannatta Goldway moved to allow the temporary barriers to remain pending a report from the City Attorney regarding a legal decision on installation of traffic barriers and a report from the Traffic Engineer on integrating traffic control programs throughout that neighborhood. Second by Councilmember Zane. With the consent of the second, Mayor Yannatta Goldway included to in the motion the request of Councilmember Conn that in addition to maintaining the temporary barriers and implementing more of them if neighborhoods want them, the overall impact be looked at in that area to whatever extent possible in terms of traffic patterns; further to request the Police Department to respond in terms of traffic control and crime problems or lack of them. Discussion was held. Councilmember Reed entered lnto the record a telephone message she had received from Mrs. Jennings, in opposition to the barriers stating that traffic has increased on Callfornia Avenue. There being no one else wiShing to speak, the hearing was closed at 10:08 P.M. After further dlscussion, the motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Edwards and Reed councilmember Jennings requested that the record show his affirmative vote bceause it is only a temporary measure. Councilmember Conn moved to extend the meeting beyond 11:00 P.M. Second by Mayor Yannatta Goldway. The motion was approved by a vote of five in favor (Councilmembers Jennings and Reed opposed). (Councilmember Jennings departed at 10:50 P.M.) Mayor Yannatta Goldway moved to hear the following items: Items 7-B, 8-A, 9-A, II-A, Il-B, 12-B, 13-B, 13-C and 8-D. Second by Councilmember Press. The motion was approved by unanimous vote. 7-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a public hearlng regarding assessments of costs to repair damaged sidewalks, driveways and curbs in various areas within the City. The staff 5 October 27, 1981 130 . report was presented. A letter in opposit1on was entered into the record from William J. Wolfe. The public hearing was opened at 11:02 P.M. Jack Barker spoke in opposition. No one else wishing to speak, Mayor Pro Tempore Edwards moved to close the hearing at 11:07 P.M. Second by Councilmember Zane. The mot1on was approved by unanimous vote. Discussion was held. Mayor Pro Tempore Edwards moved to acknowledge the protests and adopt Resolut1on No. 63B2(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-BO-20)", reading by t1tle only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the fOllowing vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 8-A: AIRPORT: Presented was a staff report transm1tt1ng an ordinance for introduction repealing the 85 SENEL (Single Event Noise Exposure Level), estab11shing 100 SENEL and extending the departure curfew at Santa Monica Airport. Mayor Yannatta Goldway moved to hear fram the members of the public for three minutes each. Second by Councilmember Zane. The motion was approved by unanimous vote. The public hearing was declared open. The following persons spoke in support of the ordinance: Wyn Sears, J1m Sharp and Wolfgang Kummer. The following persons spoke 1n opposit1on to the ordinance: Rol Murrow, Donald Brandsen, James Barton, Robert F. Gunnell and Paul Blackman. There being no one else wish1ng to speak, Counc1lmember Conn moved to close the public hearing at 11:34 P.M. Second by Councilmember Zane. The motion was approved by unanimous vote. Discussion was held. Mayor Pro Tempore Edwards moved to introduce on ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ESTABLISH fu~ INTERIM AIRPORT ~OISE LIMIT OF 100 SENEL AND TO EXTEND THE DEPARTURE CURFEW", reading by title only and wa1ving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: . Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings 9-A: CHANGE IN COMPREHENSIVE LAND USE ORDINANCE/ESTABLISHMENT OF INTERIM PERMIT PROCEDURE GUIDELINES: Presented was a staff report and a resolution of intention to change the Comprehensive Land Use Ordinance and to establish interim permit procedure guidelines, as directed by the City Council on September 29, 19B1. The staff report was presented. The public hearing was opened by Mayor Yannatta Goldway. Tom Larmore and Karl Shober spoke to various protions of the resolution. During discussion, the following amendments to the resolution were proposed: On page 29, Section 15, an addition to Subsection (f) to read "There shall be excluded from total proJect cost the cost of bringing a building into . 6 October 27, 1981 . . . . . 1-51 compliance with the City's fire safety or seismic safety ordinances." Language to be added so that in the C3 and C2 areas, covered parking at street level frontage is prohibited. All of Ocean Avenue is to be designated a site review district. The 1.5 percent fee for arts and soc1al services is to be applied on all commercial buildings includ1ng those less than 7,500 square feet. Page 26, Section 12, related to the R2 D1strict be revised to read "a 30 feet height limit with a maximum cornice-line height of 25 feet when the roof exceeds the maximum cornice-line he1ght." On ,page 29, Sect10n 15, there be added to subsect10n (d) a condition ! for "a traffic and emission abatement plan which includes encouraging the use of mass transit in addition to the requirements of..." On page 29, language be added to Subsection (c) to provide that the day care center or other community space be available and affordable by all economic segments of the community. On page 22, end Subsection (J) w1th the words "no required setback" in order to leave unchanged the current ARB guidelines that 10 percent of Ml and M2 d1stricts be landscaped. On page 21, the area described in Subsection (e) (from Stewart Street to Centinela between the railroad tracks and Exposition Boulevard) be rezoned to MIA. A section be added to indicate that this resolution to the extent it establishes interim guidelines under Ordinance No. 1220(CCS), 1S of no force or effect upon the expiration of Ordinance No. l220(CCS). Councilmember Reed requested the record to reflect her concern that part of the resolution adopts significant interim changes in development standards without adequate public notice, including requirements On developers to provide housing, fees, etcetera, and that she questions the legality of this resolution because of inadquate notice and the fact that the agenda item wording and resolution title did not adequately state what the Council would be consider1ng. Councilmember Conn moved to adopt, as amended during discussion, Resolution No. 6385(CCS) ent1tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sfu~TA MONICA OF ITS INTENTION TO AMEND THE COMPREHENSIVE LAND USE ORDINANCE RELATING TO VARIOUS DISTRICTS AND ESTABLISHING INTERIM GUIDELINES", reading by title only and waiving further thereof. Second by Councilmember Zane. The motion was approved by the following vote: Counc11 Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Counc1lmember Jennings II-A: FINAL TRACT MAP NO. 40018: Presented was a staff report regarding Final Tract Map No. 40018 submitted by Raymond A. & Celestine E. Normandin for a new slx-unit condominium proJect at 1808 Seventeenth Street. Mayor Pro Tempore Edwards moved to adopt Resolution No. 6383(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 40018", reading by title only and waiving futher thereof. Second by Councilmember Zane. The motion was approved by the following vote: 7 October 27, 1981 132 . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Reed and Zane Absent: Councilmember Jennings Abstain: Mayor Yannatta Goldway (Councilmember Reed departed at 12:30 A.M.) Il-B: FINAL TRACT MAP NO. 41446: Presented was a staff report regard1ng Final Tract Map No. 41446 submitted by Jack Spe1gelman and Jerrold M. Caris, General Partners in Jascar Development Corporation, for a new six un1t condominium project at 828 Grant Street. Mayor Pro Tempore Edwards moved to adopt Resolution No. 6384(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 41446", reading by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Aff1rmat1ve: Councilmembers Conn, Edwards, Press and Zane Absent: Councilmembers Jennings and Reed Abstain: Mayor Yannatta Goldway Il-D: BUS SHELTERS: Withdrawn by staff. 12-A: SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT DIRECTOR: The request of Gordana Swanson, District Director, Southern Californ1a Rapid Transit District, to address the Council regarding public transportaiton issues, was continued to November 24, 1981. 12-B: CDBG PROGRAM/FEDERAL LEGISLATION CHANGES: Presented was the request of Frederick L. Allingham, Executive Director, Pica Ne1ghborhood association, to address Council regarding concerns about the CDBG program due to recently changed federal legislation. Mr. Allingham reported that changes in federal legislation eliminate planning requirements and meaningful citizen participat1on, reduces accountability on displacement and benefit issues, and generally abdicates the government's role for low-and-moderate income people. Councilmember Conn moved to direct staff, including the City Attorney and the CDBG coordinator, to prepare for Council the necessary documents, staff reports, ordinances, etcetera, to insure that the concerns expressed by pica Neighborhood Association are met in the City's CDBG process. Second by Councilmember Zane. The motion was approved by the following vote: . council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed 8 October 27, 1981 . . . . . 133 (Councilmember Zane departed at 12:40 A.M.) 13-B: PERSONNEL BOARD VACANCIES: Presented was the matter of appointment of two members of the Personnel Board. Councilmember Conn moved to continue this item to November 3, 1981, and extend nominations by Councilmembers to noon on Friday, October 30, 1981. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings, Reed and Zane l3-C: PLANNING COMMISSION VACANCY: Presented was the resignation of Planning Commissioner Tisa McKee. Mayor Yannatta Goldwa~ moved to accept with regret the resignation of Tisa McKee from the Planning Commission, request the City Clerk to communicate appreciation for her service and regret at her leaving, and direct the City Clerk to publish a notice of the vacancy on the Planning Commission. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings, Reed and Zane 8-D: AGREEMENT FOR DEVELOPMENT OF WELTON BECKET PROJECT AT COLORADO AVENUE BETWEEN CLOVERFIELD BOULEVARD AND 26TH STREET lL~D APPROVAL OF NEGATIVE DECLARATION: Presented was a staff report and ordinance for adopt~on approving a development agreement with Colorado Place Ltd. (Welton Becket ProJect) for development at Colorado Avenue between Cloverfield Boulevard and 26th Street (introduced September 15, 1981, and re-introduced October 13, 1981) and approving a negative declaration. Mayor Pro Tempore Edwards moved to approve the negative declaration as prepared, pursuant to provisions of the California Environmental Quality Act, and to adopt Ordinance No. 1231(CCS) ent~tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Sfu~TA MONICA APPROVING DEVELOPMENT AGREEMENT (Contract No. 3719(CCS) BETWEEN COLORADO PLACE, LTD. (WELTON BECKET PROJECT) AND THE CITY OF SANTA MONICA", for development at Colorado Avenue between Cloverfield Boulevard and 26th Street, 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 4-0 Absent: Councilmembers Jennings, Reed and Zane 9 October 27, 1981 134 . ll-K, ll-L, ADJOURNMENT: At 12:49 A.M., Mayor Yannatta Goldway moved to adJourn to Thursday, October 29, 1981, at 2:00 P.M. to consider Items ll-K and 11-L (Closed Session) for the purpose of considering pending litigation and personnel matters and to hold a working session with new City Manager John Alschuler and that rema~ning agenda items be continued to November 3, 1981. Second by Counc~lmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings, Reed and Zane ATTEST: {~~/~ nub~~ Ann M. Shore City Clerk / ~7':.EI?: , . /' . L!014~4 u~0z;u Ruth? natta GOld~' ~'-( Mayor , . . 10 October 27, 1981 .