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M-3/10/1981 . . . . CITY OF SANTA MONICA CITY CO~~CIL PROCEEDINGS March 10, 1981 I A regular meeting of the Santa Monica City CouncIl was called to order on Tuesday, March '10, 1981, at 7:30 P.M., by Mayor Bambrjck who l~d the assemblage in the pledge of allegiance to the United States of Af'lertca, Mayor Bambriek introduced Rev...rend Allen ,Breckenridge, Gateway Christian Church, who offered the invocation. Roll Call: Present: Mayor John J. Bambrick Mayor Pro Tempore Ruth Vannatta Goldway Councilmember Will lam H. Jennings Councilmember Christine E. Reed Councilmember C~eryJ Rhoden Councilmember Perry Scott City Manager Charles K. McClain ActIng City Attorney Stephen Stark City Clerk Ann M. Shore I'~-A: EMPLOYEE SERVICE PINS: Mayor Bambrick presented employee service pins to Adelaido J. Casillas, Equipment Operator, General Services Water Department, for 35 years of service; to Norbert B. Mackiewicz, Mechanic Supervisor, General Services !Mechanical Maintenance Department, for 25 years of service; and to Glendon Rogers, 'Beach Cleaning Supervisor, Recreation and Parks Department, for 25 years of service. IThe Council convened as the Redevelopment Agency at 7:~2 P.M. Following adjournment 'I 'as the Agency, the Council convened at 7:55 P.M. Counc i lme,mb,e,r Reed moved to add Agenda I tems ~-A, 6-T, 13-C and 13-D and to COns i der agenda items in the order in which they fol low in these minutes. Second by :Councllmember Rhoden. The motion was approved by unanimous vote. 15-A: FINAL TRACT ~AP NO. 38475: Presented was a report regarding Final Tract Map No. 138475 submItted by Robert J. and Lynn Tobias and Sandy Miller for an 8-unit new condo- /minium at 3003-3007 HIghland Avenue previously considered February 24, 1981 as Agenda Item 6-D. Following presentation of the staff report, dIscussion was held. The following persons spoke: Sherman Stacey representing the developer, Robert J. Tobias 'and Ly~n Tobias spoke to request approval. Irene Walt spoke in opposition to the project 'IDaVid Sherr requested compl iance with all conditIons. Margene Nelson expressed con- cern about the location of the property 1 ine behJeen her property and the project. 'Councllmember Reed moved to adopt Resolution No. 6218 (CCS) entitled' "A RESOLUTION OF THE CITY COUNCil' 'O'F"THE CITY OF SANTA MONICA ACCEPTING AND APPROVltoJG SUBDIVISION MAP OF TRACT NO. 38475" reading by title only and \~alving further re'lding thereof, includIng the secretarial correctIon In all relevant piaces that there three trees existing where ,it is typewritten one. Second by Councilmember Scott. There being no objection, ICouncilmember Reed included in the motion the request of Mayor Pro Tempore Vannatta Goldway that the record indicate that the motion includes the ten conditions in the 'neighborhood agreement, also included in the staff recommendation. March 10, 1981 207 208 Mayor Pro Tempore Vannatta Goldway requested the record to reflect she is voting against i the map in her bel ief the ten conditions include in them agreement to commit to the !Coastal Commission guidelines and that this developer has specifically filed notice to waIve some of those conditions; second, the project does not meet Section 9123 of the Municipal Code; and third, that a builder who has not attempted to get a bUIlding permit to proceed witb development is not really attempting to proceed with conditIons in accompl ishing the Final Tract Map and IS iooking to sell the paper, and she does not ~ant to facil itate speculation on paper transactions where the City bears the burden for paper transaction costs. Discussion was held. Councilmember Rhoden requested tbe i record to reflect she is voting against this project because she believes it is not in Icompl iance with the Housing Element and the intent of the Coastal Act to encourage low and moderate income housing in the coastal zone. The motion was approved by the follow- ing vote: . Council Vote: Affirmative: Councilmembers Jennings, Reed, Scott and Mayor Bambrick Negative: Councilmembers Vannatta Goldway and Rhoden \ i 'TREE RETENTION: Councilmember Jennings move9 to refer to staff four conditions for ""0"'0 "".., p"po,.d " , .""'odo. d,'.d ",,'h', ,,8', 'coo L',d, ""k , addressed to the City Council, directing staff to report to Council regarding enforcement procedures that could be implemented. Included in the motion was the request of Mayor I Pro Tempore Vannatta Goldway that staff ought to admin1stratively proceed with aspects of that memorandum which can be implemented immediately without Council action. Second Iby Mayor Pro Tempore Vannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Councilme~ber Rhoden moved to request staff to verify the correctness ~f the property line . related to Tract Map No. 38475 and report if adjustments need to be made. Second by I Mayor Pro Tempore Vannatta Goldway. Discussion was held in regard to the County mapping! !process and Counci lmember Rhoden withdrew the motion. ~-B: MAIN STREET PARKING STRUCTURE: Presented for consideration was a staff report recommending confirmation of the proposed Main Street parking structure site and initia- tion of assessment dis~rict proceedings to finance the improvement, continued from February 24, 1981, Item II-C. Russ Barnard spoke in support of the recommendation. i Greg Broughton spoke in regard to the parking structure height and size, shuttle service 'I and a citizens/staff committee to study the structure design. Ken Haker spoke to request review of the parking needs assessment. Councilmember Reed moved to confirm the proposed, Main Street parking structure site as the City parking lots bounded by Kinney Street, I Nielson Way and Hill Street; to direct the staff to initiate assessment district pro- ceedings to finance the improvement; further to direct staff to report to tbe Council, convened as Council and/or Parking Authority, on the mechanics for establishing and/or reconvening the Main Street Study Group as the Joint Citizens/Staff Study Committee on ,design, size and parameters for the parking structure. Second by Councilmember Jennings.: :Mayor Pro Tempore Vannatta Goldway requested the record to show that, even though the Main Street group supported it, she thought it a heinous crime to build a parking struc- ture next to the largest parking lot in the world; further, that a tram system has not been adequately studied. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Jennings, Reed, Rhoden, Scott and Mayor Bambrick . Negative: Mayor Pro Tempore Vannatta Goldway 2 March 10, 1981 . . . . . 5-C: PARKING REGULATIONS: Presented \vas the reques~ of flaior ~ro Tempore Vannatta Goldway to discuss changes in parking regulations on 20th Street between Colorado and Olympic and Ocean Avenue south of Pico to allow parking overni~nt.cantinued from February 24, 1981 as Item 13-A. Mayor Pro Tempore Vannatta Goldway introduced 3is- cuss ion and referred to d staff report re~o~"=njing against overnight parking on 20th Street and providing for cha~ges to permit overnight parking on Ocean Aven"e south of Pico. There being no objection, Mayor Pro Tempore Vannatta Goldway accepted the staff report as an answer to her concerns and informing the publ ic of the change. 5-J: BURGLAR ALARM SYSTEM: Presented was the request of Mayor Pro Tempore Vannatta Goldway for discussion regarding silent burglar alarm systems for commercial property, contInued from Febr~ary 24, 1981, Item 13-B. Mayor Pro Tempore Vannatta Goldway in- troduced discussion and referred to a staff report dated "ebruary 23, 1981, describing the present Pol Ice Department alarm system. "ollowing discussion, Mayor ~ro Tempore Vannatta Goldway said she would defer making a motion On this item. 5-, AND lO-A: AIRPORT LEASES: Presented was the request of Councilmember Scott for di3cussion regarding airport lease rates (conti~ued from February 24, 1981, Item 13-C) and the report of the Airport Commission regarding airport tie-downs and T-hangar leases COoJnc; lmember Scott introduced discussion. Counci lC1ember Scott moved to "ix the minimum annual rate per square foot for airport leases who have received notices commencing the day after the notice period expIres at $2.10 per square foot, which is 10 percent on a value of $21 per square foot forthe property. Second by Mayor Pro Tewpore Vannatta Goldway. Discussion was held. Members of the public airport lease rates. fo 11 mli ng vote: Ilse Koch and David Dobrin spoke in opposition to increased Further Council discussion was held. The motion failed by the Council Vote: Affirmative: Councilmembers Vannatta Goldway, Rhoden, and Scott Negat ive: Councilmembers Reed, Jennings, and Mayor Bambrick Mavor Pro Tempore Vannatta Goldway moved to direct staff to include in next year's budget increases in the rents of month-to-month airport tenants to reflect a market rate or approxiwately as Councilmember Scott suggested to reflect antiCIpated increased revenues. Second by Councllmember Rhoden. The motion was approved by the following v0te: CounCil Vote: Affirmative: Councilmembers Vannatta Goldway, Jennings, Reed, Rhoden and Scott Negative: Mayor Banbr I ck Councilmember Reed moved to receive the report of the Airport Commission dated March 3, 1981 (tvhich report recomwends to the Council that individual aircraft owners having month-to-month agreements with the City for tie-down spaces not be required to vacate tbosespaces within the next 12 months; however, persons leasing spaces on a month-to month basis on which they have located privately owned T-ha~gars should be notified the City may choose ta develop the land far non-airport uses) and that staff be directed to include that report as part of the age~da for the discussion which will happen after the Council election on the future development of the Airport. Second by CCJncilmember Rhoden. The motion was approved by the following vote: 3 March 10, 1981 209 210 Council Vote: Unanimously approved 6-0 6-C. BARBED WIRE FENCES: Presented for consideration was a staff report and ordinance prohibiting barbed wire and similar fences (introduced February 24, 1981). The follow- ing members of the public spoke in opposition to the proposed ordinance: Barry Nolind, Donald Runnalls, W. H. Sui 1 ivan, Wayne Harding, James Moullt, Russell Barnard, Peter West .- Jr. and 11 se Koch. Councilmernber Reed moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF ARTICLE I I I OF THE SANTA MONICA MUNICIPAL CODE TO RESTRICT FENCES MADE OF BARBED WIRE OR OTHER HAZARDOUS MATERIALS", reading by title only and waiving further reading thereof, second reading not to be set until fully retyped copies are available for everyone amended as follows: Section 1 to apply to residential zones only; Section 2 to say commercial and manufacturing zones; and a hardship exemption section be included to read" The Building Officer and the Building and Safety Commission, on appeal ,may approve a fence or wall, , notwithstanding the requirements of this Section, if the appl icant proves the fence or '[' wall does not constitute a hazard to children or other innocent persons and that main- . tenance of the fence or wall is necessary to prevent the exposure of persons or prop- I ertles to extraordinary risks of loss from crime or similar undue hardship, no exemption shall be given for the use of strand or concertina wire, broken glass or electrically energized fences." Second by Councilmember Rhoden. Councilmember Scott moved a substitute motion to a table the entire ordinance. Second by Mayor Bambrick. The motion was approved by the following vote: Council Vote: Affirmative: Negative: Councilmember Scott and Mayor Bambrick Councilmember Yannatta Goldway, Jennings, Reed, and Rhoden Discussion was held. The orginal motion was approved by the following vote: Council Vote: Affirmative: Counci lmembers Yannatta Goldway, Jennings, Reed and Rhoden Negat i ve: Councilmembers Scott and Mayor Bambrick AGENDA PROLEDURES: Councilmember Rhoden moved that staff be directed to draft an amend- ment to Resolution No. 4848 '(CCS) (regarding Council meeting procedures) to the effect that Council will not consider any ordinance unless the ordinance and the staff report are avaIlable for public review by the Friday prior to the Council meeting, and to recommend to Council theIr own ideas as wel I; this procedure not to apply to an emergency ordinance. Second by Councilmember Reed. The motIon was approved by the following vote: Council Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Reed, Rhoden and Mayor Bambrick Negat ive: Councilmember Scott Recess was held from 10:40 P.M. to 10:55 P.M. 8-A: SEISMIC SAFETY ORDINANCE: Presented was a staff report and ordinance for intro- 4 March 10, 1981 . . . . . . . duction regarding Seismic Safety. The publ ic hearing was opened at 10:58 P.M. CounciL- member Rhoden moved to permit three minutes per public speaker. Second by Councllmember Reed. The motion was approved by unanimous vote. Martin Millet spoke in opposition to the ordinance. Karl Shober spoke to recommend that regulations relate to life safety not safety of buildings. Thomas Miller spoke in favor of minimum standards and per- mitting exemptions. Robert Derry spoke in opposition to the ordinance. Dorie Mcinnes, Aaron Kumetz, and Dr. Jacque1 ine Bouhoutsos spoke in opposition to the ordinance. Frank Knowlton spoke In support of rehabilitating unsound buildings to make them earthquake proof. Sandy Will lams spoke in favor of the proposed ordinance. Lee Goldstein spoke in opposition. Tom Mitti spoke in favor of the ordinance without the proposed Building Department amendment. George Bergstrom spoke in favor of no requirement in change of use or sale, only if altering the structural integrity. Walter Schwartz spoke in opposition to regulations. Dr. Leo Sario said the proposed ordinance IS an acceptable compromise. Discussion was held. Dr. Robert L. Kovach, Geophysics Professor, Stanford University, spoke regarding damage in Cal ifornia earthquakes, Jack of damage in Santa Monica and the quality of 1915 and 1921 Santa Monica regulations. Discussion was held. During discussion, Mayor Pro Tempore Vannatta Goldway moved to continued discussions past 11:00 P.M. Second by Councilmember Jennings. The motion was approved by unanimous vote. There being no one else wishing to speak, the hearing was closed at 12:31 A.M. Councllmember Reed moved to direct the City Attorney to prepare a redraft of the Seismic ordinance to clearly state that the intent of the Council is to address the seismic safety concerns of buildings built prior to 1915 and to require that buildings built prior to 1915 meet the anchoring standards of roofs and walls that exist in the 1915 and 1921 Building Codes. Second by Mayor Pro Tempore Vannatta Goldway. During discussion, Councilmember Reed clarified the Intent of the motion to exclude DiVision 3 requiring conformance if remodeling or changing the use. During further discussion, Councllmember Reed included in the motion that the City should give notice and developers be required to provide the City with adequate certification from a licensed structural engineer or somebody else appropriate. The second of the motion consented to the addition. After additional discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 6-0 RECESSED TO MARCH 11, 1981: At 12:50 A.M., Counci1member Reed moved to recess to 7:30 P.M., Wed~~sday, March 11, 1981, continuing remaining agenda items to that time. Second by Councilmember Rhoden. The motion was approved by the fol lowing vote: Council Vote: Unanimously approved 6-0 ATTEST: APPROVED: ~, , j, / " -,/-' 0;' ;f "" ,,' ,f)" , l /~L,'-Yi.. :/ !/I ' 2('j;:1/t..( Ann M. Shore City Clerk ,'^'\" '/' \)0'/" 1"/', ',' f ,/) " /.-, ' ''tfWk-1-' l'~ /) JOh~JJ: 'Bambr I~k I Maydr 'J 5 March 10, 1981 211 212 . . . .