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M-5/18/1982 . . . . 309 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 18, 1982 A meeting of the Santa Monica C1ty Council was called to order by Mayor Yan~atta Goldway at 7:37 P.M., Tuesday, May 18, 1982, having been cont1nued from May 11, 1982. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of America. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings (entered at 9:20 P.M.) Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers Acting City Clerk Connie L. McNeely Councilmember Conn moved to add Items 8-B, Il-F, Il-G, l4-S, and 14-c to the Agenda. Second by Councilmember Reed. The motion was approved by unanimous vote. 6-A: APPROVAL OF MINUTES:. Councilmember Reed moved to defer to May 25, 1982 the approval of the minutes of the meetings held on April 27, 1982 and May 4, 1982. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings Councilmember Reed moved to combine Items 8-B and 12-A, and to hear them next on the agenda. Second by Councilmember Conn. The motion was approved by unanimous vote. 8-B/12-A: 2701 OCEAN PARK CORPORATION: Presented was a staff report transmitting an ordinance for introduction regarding a development agreement with the 2701 Ocean Park Corporation for an Office/residential building at 2701 Ocean Park Boulevard. Discussion was held. Mayor Yannatta Goldway moved to allow a presentation from the representative of the developer for approximately ten to fifteen minutes; to hear a group of eight members of the public for up to one hour if necessary, and then ten other members of the public also wishing to speak; and to allow the representative for the developer ten m1nutes for rebuttal. Second by Councilmember Conn. The motion was approved by unanimous vote. 1 May 18, 1982 310 . Rick Allen, Attorney for the developer, made a presentation describing the proJect. Discussion was held. The public hearing was declared open at 8:44 P.M. The following persons, having been allowed up to one hour to voice their concerns, spoke in regard to the matter: Dick Jones, Mel Baker, Bob Rubenstein, Terry Feuerborn, MaJorie Folkert, Pat Carter, and Chris Harding. (Councilmember Jennings entered at 9:20 P.M.) The following persons spoke for three minutes each: Linda Raduechel, Michael E. Glasscock, Joseph Fitzsimons, C. J. Jones, Tom King, Ron Newman, Joyce Cox, Lynda Carpenter, Thomas Vardaro, Lorrie Monson, and Kevin Melia. There being no obJection, the public hearing was closed at 10:15 P.M. Rick Allen, Attorney for the developer, spoke in response to the public hearing, urging approval of the ordinance. Discuss~on was held. Niesson Matland, architect for the proJect, spoke in regard to the matter. Chris Harding, also spoke in response to Council questions. Mayor Pro Tempore Edwards moved to continue the meeting past 11:00 P.M. Second by Councilmember Conn. The motion was approved by a vote of 6-1, Councilmember Reed opposed. . Following further discussion, Councilmember Press moved to approve the agreement between the 2701 Ocean Park Corporation and the City and to introduce the ordinance for first reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT BETWEEN 2701 OCEAN PARK CORPORATION AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof with the following terms and conditions: all interim changes agreed to including skylights, open corridors, exterior patrols, landscaping, laundry facilities and access to be added to the agreement; that construciton be in substantial accordance with the plans submitted and approved except as modified by the Architectural Review Board; that the height of the rear portion of the building be reduced to 34 feet above average natural grade and that parapets not exceed 42 inches above the roof level; that there be no access to the alley from the proJect other than pedestrian fire access as required and trash collection; all utilities on Ocean Park Boulevard to be undergrounded for the entire frontage of the development in accordance with specifications approved by the General Services Department; a fire hydrant be installed in accordance with the specifications and requirements of the General Services Department; three underground serviced street lights be installed in accordance with the specifications and requirements of the General Services Department; water and sewer connection fees be paid in accordance with the requirements of the General Services Department; and that the project developer agree to offer not less than 16,751 square feet of the project for community use space. In the event that 35% of such space is leased for community use space at the time of the issuance of certificate of occupancy, the project developer will have an additional 9 months to complete leasing of the remainder of such community use space. In the event that any commercial space is still not leased at the end of such nine month period, the project owner may offer such space for any use permitted by the current C-2 zoning for not more than five (5) years. In the event . 2 May 18, 1982 . . . . . 311 [the proJect owner is unable to lease 35% of the space allocated for community use space at the time of the issuance of the Certificate of Occupancy, the remaining area shall be offered for lease for an additional one (1) year period, at the end of which such space may be offered for any use perm1tted by the c-2 zoning for not more 'I 'than five (5) years. Included in the motion was the suggestion of ,Councilmember Zane that the recommendation regarding the !obligations on the 35% commercial space be clarified to mean the neighborhood commercial use; that the portion of the agreement on the bus tokens referring to City residents be deleted and refer to residents of the bus service area; that union labor be included as [a contractual obligation; and that unit size be included in the agreement. Second by Councilmember Zane. with the consent of the maker of the mot1on and the second, Mayor Pro Tempore Edwards amended the motion to include the requirement that, in regard to rules and regulations for the residential ;portion of the project, a phrase be added to the effect that they Ibe in conformance with the existing City, County and State laws. !Discussion was held. Mayor Pro Tempore Edwards requested that the it be specified that the second reading of the ordinance would a be ,a public hearing. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed 'I'councilmember Jennings requested that the record reflect that if the building had been located 1n some other than a c2 ;neighborhood/commercial zone, he would probably have supported it. ~Mayor Yannatta Goldway moved to hear Item ll-G. Second by Councilmember Press. The motion was approved by unanimous vote. Ill-Go TRANSPORTATION DEPARTMENT FACILITY: Presented was a staff !report transmitting a recommendation in-regard to Transportation Deparment Facility modifications and improvements for recovery on the bid bond of ASR Multi, Inc., Contract No. 3764(CCS); and award of contract to Mallcraft, Inc., in the amount of $7,420,000; author1zation to contract for professional services for jconstruction supervision and inspection not to exceed $50,000; and I authorization to the City Engineer to issue change orders not to 'exceed $97,000. Councilmember Reed moved to approve the staff recommendat1on, thereby awarding Contract No. 377l(CCS) for the Transportation facility to Mallcraft, Inc., in the amount of $7,420,000; authorizing the City Engineer to issue change orders ; not to exceed $97,000; authorizing the City Manager to contract for iprofessional services for constructioin supervision and inspection 'not to exceed $50,000; and declaring that the sum guaranteed by the bid bond of ASR Multi, Inc., is forfeited to the City of Santa Monica and directing the City Attorney to take such action as necessary to recover on the bid bond. Second by Councilmember 3 May 18, 1982 312 . Conn. Ron Weinstein, Dennis Hiney, and William Grove were present to represent ASR Multi, Inc. Mr. Weinstein and Mr. Hiney spoke in support of ASR Multi, Inc. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Il-B: CENTRAL BUSINESS DISTRICT PARKING AND TRAFFIC CIRCULATION: Presented was a staff report transmitting a recommendation for a traffic flow improvement report and a $21,000 appropriation to convert Arizona Avenue between Lincoln Boulevard and Ocean Avenue and Sixth Street between Wilshire Boulevard and Colorado Avenue from one-way to two-way. Discussion was held. Councilmember Zane moved to approve the staff recommendation, thereby authorizing conversion of Ar~zona Avenue between Lincoln Boulevard and Ocean Avenue and appropriating $15,000 for the work; conversion of Sixth Street between Wilshire Boulevard and Colorado Avenue and appropriating $6,000 for the work; and instructing staff to return in three months with recommendation for Fourth Street between Wilshire Boulevard and Colorado Avenue. Discussion continued. Councilmember Reed requested an ad ser1atim vote on the motion. The recommendation to authorize conversion of Arizona Avenue between LinCOln Boulevard and Ocean Avenue and to appropriate $15,000 for the work was approved by the following vote: . Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Edwards and Reed The recommendation to authorize conversion of Sixth Street between Wilshire Boulevard and Colorado Avenue and to appropriate $6,000 for the work was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jenn~ngs, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Edwards and Reed The recommendation to instruct staff to return in three months with recommendations for Fourth Street between Wilshire BOUlevard and Colorado Avenue was approved by the following vote: Council Vote: Unanimously approved 7-0 Il-F: BUDGET STUDY SESSION: Presented was a discussion of a revision to the schedule for budget study sessions. Following discussion, Mayor Yannatta Goldway moved to set the budget study sessions for June 1, 1982, Tuesday, 3-6 P.M.; June 2, 1982, Wednesday, 2-10 P.M.; June 3, 1982, Thursday, 3-6 P.M.; June 7, 1982, Monday, 4-7 P.M.; and June 8, 1982, Tuesday, 4-7 P.M. Second by Councilmember Conn. The motion was approved by the following vote: . 4 May 18, 1982 . . . . . 3~3 Council Vote: Unanimously approved 7-0 i 14-B: DEPARTMENT OF THE INTERIOR LEASE SALE NO. 68: Presented was , the request of Mayor Yannatta Goldway to discuss the City joining with the State of California 1n an effort to enjoin Secretary of Interior James Watts' Lease Sale No. 68 off Santa Monica Bay. Mayor Yannatta opened discussion, transmitting a staff recommendation to instruct the City Attorney to represent the I' City's opposition off-shore drilling in a manner consistent with C1ty resources and action by other municipalities, and to d1rect staff to communicate with Congressman Leon Panetta and other legislators in support of HR 6365, which would disallow the Secretary of the Interior from issuing oil and gas leases with respect to tracts located in off-shore portions of California. 'I Councilmember Press moved to approve the staff recommendation, ,thereby instructing the City Attorney to represent the City's opposition to off-shore oil drilling in a manner consistent with City resources and action by other municipalities, and directing staff to communicate with Congressman Leon Panetta and other legislators in support of HR 6365. Second by Councilmember Zane. I The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 l4-C: METROPOLITAN WATER DISTRICT DIRECTORS: Presented was the request of Councilmember Reed to consider a position on Senate Bill 18 regarding Metropolitan Water Distr1ct Directors. Councilmember 'Reed introduced discussion. Councilmember Conn moved to support in concept Senate Bill 8, which would provide for the elect10n of the Metropolitan Water District D1rectors, and in support of direct polit1cal representation. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Unan1mously approved 7-0 Il-E: CLOSED SESSION: At 1:02 A.M., Mayor Yannatta Goldway move~ to recess to Closed Session to consider pending litigation and personnel matters. Second by Councilmember Conn. The motion was approved by unanimous vote. Council reconvened at 1:31 A.M. with all members present. JEFFREY DONFELD: Mayor Yannatta Goldway moved to approve settlement and payment of Claim No. MBL 82-3-377 of Jeffrey in the amount of $43,108.26. Second by Councilmember Conn. motion was approved by the following vote: Donfeld The Council Vote: Unanimously approved 7-0 ALL-CAMP, INC.: Mayor Yannatta Goldway moved to approve ~ettlement and payment of Claim No. MBL 82-3-377 of All-Camp, Inc., 1n the amount of $44,500. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 5 May 18, 1982 314 . ICONCO(COLUMBIA CASUALTY COMPANY/JERSEY INTERNATIONAL GROUP ADMIRAL INSURANCE COMPANY: Mayor Yannatta Goldway moved to approve settlement of a lawsuit with Iconco and payment of $700,000: execution of a release and acceptance of $200,000 from Columbia Casualty Company; and acceptance of $50,000 from Jersey International Group Admiral Insurance Company. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 ADJOURNMENT: At 1:40 A.M., Mayor Yannatta Goldway moved to adjourn the meeting to 6:00 P.M., May 25, 1982 for the purpose of continuing the Closed Session to consider pending litigation and personnel matters: adJournment to be in memory of George J. Rosen and Fred saidy. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: unanimously approved 7-0 . ATTEST: C~~~~~ Connie M~~eely if Acting City Clerk u~~~ Ruth Y~ta Goldway ~ Mayor . 6 May 18, 1982 .