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M-2/10/1981 . . . . CITY OF SANTA MONiCA CITY COUNCIL PROCEEDINGS FEBRUARY 10, 1981 A meetIng of the Santa Monica City Council was called to order at 7:35 P.M. on Tuesday, February 10, ]981, by Mayor Bambrick who led the assemblage in the pledge of ~]leniance to the United States of America. Mayor Bambrick i~troduced Reverend John Shaw, Chaplain, Santa Monica Hospita], who offered the Invocation. Roll Call: Present. Mayor John J. Bambrick Mayor Pro Tempore Ruth Yannatta Goldway Counci 1 member William H. Jennings (arrived at 9:45 P.M.) Councilmember Christine E. Reed Councilmember Cherv1 Rhoden (arrived ~t 9:45 P.M.) Counci lmember Perry Scott City Manager Charles K. McClain Acting City Attorney Stephen Stark City Clerk Ann M. Shore ,Mayor Pro Tempore Yannatt~, Goldway rloved to add! tems 8-A, 8-B, 9-A, 1'_A and 13-C to the 'I 'agenda. Second by Counci]Me~ber Reed. The motion was approved by unanimous vote. Mayor Pro Tempore Yannatta Goldway moved to consider Item 1 l-B at this time. Second by Council member Reed. The motIon was approved by unanimous vote. I ll-B: HERITAGE SQUARE MUSEUM OPERATING AGREEMENT: Presented for consideration was a !proposed operating agreement with the Heritage Square Museum Society to faci] itate rehab- .tation of the museum premises at 2612 Main Street. Following the staff report, Cou,nci \ ,member Scott moved to approve Contract No. 3623(CCS) with the Heritage Square Museu~ jSociety, modified In Section 3, page 4, by removal of the section that provides for the iCity to pay the water and sewer charges so that Heritage Square sha1' bear the entire !cost of ali uti1 ities. Second by Councilmember Reed. I iLee Draper, Susan Barrett, Betty Mott, Laurel Roennau and David Carleron spoke on behalf lof the Heritage Square Museum Society Board, to request approval of the operating agree- ;ment with amendments regarding goals and hours of operation. K. B. Huff and John Jurenka ispoke in support of the agreement and lease with the Heritage Square Museum. iWith the consent of the second, Councl lmember Scott included in the original motion the \'sUggestions of Mayor Pro Tempore Yannatta Go1dway and Councilme~ber Reed that the minimum hours of operation be increased to ]000 hours per year subject to revIew and mutual con- sent by the City three years from the date of execution of the contract, this clause to ,be added to the second paragraph from the bottom on page 3; and on page one, Section 2, lafter the fi rst paragraph there be added the fol lowing language: "Heritage Square shall function in the four following activity areas. (ll To co]lect, preserve" interpret and Ipresent material related to the history and culture of Santa Monica and, secondarily to Ithe history of adjacent municipal ities as they have bearing on the history and culture of Santa Monica. We are committed to the collection and preservation of the history of all I " .be,"" 10, 19" ; I 171 l~" I ~ groups within Santa Monica and shall not be biased toward any segment. (2) To acquire, establish, maintain, use and dIsseminate collections and specimens of any and all kinds for the study and promotion of human and natural history and for the instruction, recrea- tion and pleasure of the public. (3) To undertake activities which shall promote an understanding of our shared communIty heritage and shall increase the educational and ~ cultural services of the museum to the membership and to the general public, to focus public attention on the needs and actIvities of the museum and stimulate wide participa- tion, and to provide services and funds In order to inprove and extend the various collec~ tions, museum facil,ties and programmIng. We shall remain in close affiliation wIth the public schools, the library system,community organizations and the city government so that we might truly respond to the needs and interests of the full community. (4) To publish; prInt and circulate books, magazines, periodIcals and other publ ications:'further, the ' City Attorney is directed to draft appropriate amendment language as authorized in the motion. The motion was approved by the fol lowing vote Counc i 1 Vote Unanimously approved 4-0 Absent. Councilmembers Jennings and Rhoden 5-A: REPAIR DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented for consideration was a publ ic hear;'ng on assessments of co's't's to repai r damaged sldel~alks, drivel'/ays and curbs (sR-80-11), previously Items 7-C on January 13,1981, and 5-1 on January 27,1981. It was noted that the public hearing had been opened January 14, 1981 and closed on January 27, 1981. The hearing was re-opened at 8:17 P.M. to hear the following members of the public. Ulysses Gibson spoke in opposition to assessing property owners for areas used by the general public. John Jurenka spoke in opposition to being assessed for repairs caused by damage of CIty-planted trees. There being no one else present wishing to speak to the matter, Counc,lmember Reed moved to close the hearIng at 8:29 P.M. Second by Mayor Pro Tempore Yannatta Goldway. The motion was approved by unanimous vote. Discussion was held. Counci 1 member Reed moved to acknowledge and overrule the protests and adopt Resolution No. 6197(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-80-11)" reading by title only and waiving fur- ther reading thereof. Second by Mayor Pro Tempore Vannatta Goldway. The motion was ap- Iproved by the following vote: i ~ Counci 1 Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden ,The remaInder of agenda items were considered In the followIng manner pending arrival of ,Councilmembers Jennings and Rhoden. 15-F: M I INDUSTRIAL DISTRICT USES: Presented for consideration was an ordinance for 'adoption prohibiting medical and dental uses and amusement arcades in the M-I industrIal 'district, introduced December 9, 1980, previously Itens 8-B on January 13, 1981 and 5-K ,on January 27, 1981. Mayor Pro Tempor~ Xannatta Goldway moved to adopt Ordinance No. ,1196(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA MONICA AMEND- 'ING CHAPTER 1 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE PROHIBITIO OF MEDICAL AND DENTAL OFFICES AND AMUSEMENT ARCADES IN THE MI AND M2 INDUSTRIAL DISTRICTS" reading by tItle only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: 2 February 10, 1981 ~ . . . . . Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden 5-G: VEHICLE HEIGHTS: Presented for conslderaticn was the reGuest of Mayor Pro Tempore Vannatta Golcway for discussion regarding an ordinance reducing the height of vehicles inl Municipal Code Sectio~ 3374A fro~ eight to seven feet, previously Ite~s 13-A on January 13, ~98\ jand 5-N on January 27, 1981. Discussion was held, as 'ntroduced by Mayor Pro I Tempore Vannatta Goldway. Councilmember Reed moved to direct the City ~ttorney to report I to Council on present regulations in the Municipal Code having to do ~ith parking and/or i storIng on streets of oversized vehicles, trailers, boats on trailers, etc.; furthee to request the City Attorney to suggest a manner in which to deal more sternly with comMer- ; cial vehicles now parking in residential neighborhoods, qpparently not responsive to i the current SIO citation. Second by Councilmember Scott. The motion was approved by the! fo] 1 01"; ng vote: i I Counc I 1 Vote: Unanimously approved 4-0 Absent. Councilmembers Jennings and Rhoden 5-K: CPLIFOPMIA CO~STAL COMMISSION MEETING SITE: Presented for consideration was the request of Mayor Pro Tempore Vannatta Goldway for discussion regarding the possibility of! inviting the California Coastal Commission to hold one of its reguiar meetings in Santa ' Monica, preViously Items 13-1 on January 13, 1981 and 5-S on January 27, 1981. Following discussion, Mayor Pro Te~po~e Ya~natta Goldway ~oved to direct the Mayor to invite the : California Coastal Commission to consider holding a meeting In Santa Monica and informing! the Commission that our community has many readily accessible locations for them to hold i I publ ic hearings. Second by Counei lmember Reed. The motion was approved by the following! vote' Council Vote: Unanimously approved 4-0 Absent: Counc 11 ",embers Jenn i ngs atld Rhoden 5-L" APPROVAL OF MINUTES: peesented for consideration "'as approval of ninutes of C.ty Counci 1 meetings. Counc! lrnember R~ed moved to approve as \olritten the minutes of the Clt~ Counci 1 meeting held January 13, 1981, and to approve the minutes of the City Counci 1 ; rJeeting of January J4, 198J, ..,ith the follO\./Ing corrections requested by Mayor Pro TeMpore Yanndtta Goldway: Page 2, first parasraph, beginning with the third line, to read inste9d' ". ..because it evicts people who, by payin~ rent regularly, have estab1 ished a right to continue to 1 ive In the City, further. ."; and on page 7, second paragraph, second 1 ine, i to correct the spell ing of the ,"ord "bonuses." Second by Mayor Pro Tempore Vannatta ' Goldway. The motion was approved by the-following vote' Council Vote: Unanimously approved 4-0 Absent. Councilmembers Jennings and Rhoden 5-N AND 5-W VEHICLE PARKING: Presented for consideration was a recommendation to dire t 3 F eb rua ry 10, 1981 173 174 the City Attorney to prepare an ordinance prohibiting the parking of vehicles on public sidewalks, previously Item 6-u on January 27, 1981, and the request of Mayor Pro Tempore Vannatta Goldway for discussion of adoption of a permit procedure for parallel parking across residential driveways where lacking parking facilities, previously Item 13-E on January 27, 1981. Discussion was held. Councilmember Reed moved to direct the City Attorney to prepare an ordinance prohibiting parking of vehicles on publ ic sidewalks, further that the City Attorney and staff be directed to address the possibility of a permit procedure for parking on the street across the front of a driveway curb cut. Second by Mayor Pro Tempore Yannatta Goldway. Councilmember Scott moved a substitute otion that the matter not be considered before the second meeting in April after the lection. There being no objection, Councilmember Reed included in her motion that these ~atters be returned at the same Council meeting and that they not be returned unti 1 the Isecond meeting in April. The motion was approved by the following vote: I I ! Counci 1 Vote: Unanimously approved 4-0 Absent: Counc I 1 membe rs Jenn I ngs and Rhoden p-O: CITY PERMIT PROCEDURE: Presented was an ordinance for introduction regarding various aspects of the City permit procedure, previously Item 8-A on January 27, 1981. The staff report was presented. Following discussion, Councilmember Reed moved to con- tinue the matter untIl a full Council is present. Second by Mayor Pro Tempore Vannatta Goldway. The motion was approved by unanimous vote. (The matter was conSidered on Feb rua ry 1 I, 1981.) !5-R AND 5-S: STREET TREES: Presented for consideration were reports from the Recreation ~nd Parks Commission, Architatural Review Board and staff regarding street trees and malni itenance, previously Items 10-A and ll-A on January 27, 1981. Following discussion, . !Councllmember Reed moved to reschedule these matters to a meeting when all reports are ~vailable Second by Mayor Pro Tempore Vannatta Goldway. The motion was approved by junan i mous vote. I I 15-T: BUSINESS LICENSE REVIEW: Presented for consideration was a report and recommenda- i Itlon regarding the license review and enforcement procedures. Mayor Pro Tempore Vannatta' IGoldway moved to approve the staff recommendation, i.e., thereby authorizing an adminis- \trative law judge to be hired to hear cases including, inter alia, those presently within i Ithe jurisdiction of the License ReView Board and complaints arising from violations of ~irport regulations; upon resolving certain issues concerning the status of the adminis- ,trative law judge within the City government and the avai lability of further administra- . rltive appeals from his/her decisions, the City Attorney is directed to prepare an ordinanc~ mending the Municipal Code to reflect those procedures. Second by Councilmember Reed. he motion was approved by the following vote' . Councii Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden 6-X. SIGN ORDINANCE' Presented for consideration was the request of Counci 1member Jennings for discussion of providing Sign Ordinance guidelines to the Architectural Revie\ 4 February 10, 1981 . . . . . . . . I Board and Planning CommissIon, previously Item Ij-F on January 27, 1981. Following dis- ,cussion, Councilme~ber Reed moved, on behalf of Cou~cilme~ber Jennings, that the report on the Sign Ordinance come forward no later th~n six months from this date. Second by 'Councilmember Scott. The motion was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Gounci1members Jennings and Rhoden ICONSENT CALENDAR. The Consent Calendar was presented for consideration after which Ccuncilmember Reed mOved to approve the Consent Calendar with the exception of Iterrs 6-F, '6-G, 6-1, 6-J, 6-M and 6-S, reading ordinances and resolutions therein by title only and 'I 'waiving further reading thereof. Second by Mayor Pro Tempore Yannatta Goldway. The ,motion was approved by thE following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden i6-A' APPROVAL OF MINUTES: The minutes of the City Council meeting held January 27, 1981 rere approved as ",ritten. i 6-B: REPAIR DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Resolution ~o. 6198(CCS) entitled: . i"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR t IANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTE~DENT OF STPEETS REGARDllvG REPAI 10F SIDEWALKS, DRIVEWAYS AND CURBS. (SR-80-14)", setting a publ ic hearing on March 10, 198 at 7:30 P.M., was ado~ted. I 16-C. SALARIES: Resolution No. 6199(CCS) entItled. "A RESOLUTION OF THE CITY COUNCIL OF I '/THE CITY :JF SANTA t'.ONICA AMENCING ?,ESG:..l~TICt-.: Nc. 4646 I...HICH RESOL~TION ESTABLlS~ES WAGES,: HOURS, ANi) OTHER TERMS AND CONDITJOIolS DF EMPDYI-1ENT FOR VARIG'JS CL;lSSES 0: POSITICfJS", i establishing salaries for Junior Programmer, Data Processing Manager and Accounting Man- , lager, was adopted. I [6-0: WATER DISTRIBUTION SUPPLIES' Resolution No. 10200(CCS) entitled: "1), RESCLUTIO~ OF ! THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND !AUTHORI Z I "lG 01 RECT NEGOTI PTI ON FOR PURCHASE OF WATER 01 STRI BUTI ON "ARTS AND SUPPlI !OS", 'If rom Western Water Works In the estimated amount of $15,000, was a~opted 6-[: CIVIC P.UDITORILJM SEATING EQUIPMENT: Resolution \lo. 620J(CCS) entitled: "A RESOLU- , ITION OF THE CITY COUNCIL OF THE CITY OF SANTA PONICA ~~IVING ~~RTPER ~OR~AL BID PROCEDURE I lAND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF RISERS", from Bernstein Company for l ,specIal seating e~uipment for the Civic Auditorium in the amount of $6,076 98, was adopte~. ~-F and 6-G: Consid.red later In the meeting. /6-.H.: CEMETERY MA I NTE:'lANCE au ILD I NG: ~ering Company to design a cemetery ~anager authorized to execute same. Contract No. 3618(CC5) was awarded to Tierra Engin- maintenance building for a fee of $7,950 and the City 5 February 10, 1981 175 176 6-1 and 6-J' Continued to February 11, 1981. -K: RELIEF SEWER LINE. Contract No. 3619(CCS) was awarded to Berryman & Stephensen, Ind. (or study and design' of reI ief se\"er 1 ine on Colorado Avenue in the amount of $33,800. I . . -L: FIRE STATION NO.5: Contract No. 3620(CCS) was awarded to Chapman Construction Co. : for construction of Fire Station No.5 in the amount of $666,666. i 16-N: PARKS SPRINKLER SYSTEMS: Contract "10. 326) (CCS) was awarded to Rainbow Sprinkler &JI [Landscape Co. for sprinkler systems in Marine and Memorial Parks in the amount of $62,000; b-o: IRON PIPE: Bid No. 1587 vias awarded to Pacific States Cast Iron Pipe Co. for ductde I'ron pipe in the amount of 51) ,833.97. I !6-P: WATER METER PARTS: Bid No. 1586 was awarded to Western Water Works in amount of $4,821.09 and Bro'oks Products, Inc. in amount of $19,373.62 for \"ater meter boxes and Ivaul ts. \6-Q: DATA PROCESSING FORMS: Bid No 1589 was awarded to Moore Business Forms in the !amount of $5,957.58 and Uarco, Inc. in amount of $4,903.81 for Data Processing greenbar Icont i nuous forms. \6-R: SEWER REPAI R: The Purchase Order for emergency sewer repa i r at Colorado Avenue and 12th Street in the amount of $15,398.33 was confirmed. f-S' Considered later in the meeting. !6-T: POLICE DOG: The recommendation to retire Police Department service dog Pascha to . 10fficer Melekian for the sum of one dollar was approved. \6-U: REVOLVING CASH FUNDS: The request for reimbursement of the follo\"ing departmental ,Revolving' Ca~h F'u~'ds was approved: Admin istrative Services - $275.65; Pol ice - $171.13; IRecreation and Parks - $73.91; Transportation - $93.25. 16-V: A~BITRATION AW~RD: An arbitration award in the amount of $5,554.70, in the matter pf Santa Monica, Case No. WEC 50420, was approved. 16-G: CIRCUS VARGAS: Presented for consideration was a recommendation for approval of a Icontract with Circus Vargas for use of the Beach Parking Lot on March 6-9, 1981. Fol1ow- hng the staff report and discussion on the matter, Mayor Pro Tempore Y~nna!ta Goldway ,moved that the matter be continued to the meeting of February 27, 1981. Second by Counci .member Scott. The motion was approved by unanimous vote. !7-A: REPAIR DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS: Presented was a public hearing on ,assessment of costs to repair damaged sidewalks, driveways and curbs (SR-80-l2). The 'proof of mailing was ordered fi led by Mayor Bambrick. The staff report was presented. 'I'The public hearing was opened at 9:14 P.M. John Jurenka repeated his opposition (as in I Agenda Item 5-A) to being assessed for repairs from damage by city trees. There being no ,jone else \"ishing to speak on the subject, Councilmember Reed moved to close the hearing 6 February 10, 1981 . . . . . . at 9'15 P.M. Second by Mayor Pro Tempore Vannatta Goldway. The motion was approved by unanimous vote. Counci1member Reed moved to ack~cw1edge and cverrule tre protests and adopt Resolution No. 6203(CCS) entitled' "A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERI~TE~DENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-80-12)" reading by title only and waiving further reading thereof. Second by Counci1member Scott. The motien was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden 7-B: GUTTER DISTRICT NO.3: Presented was a pkb1ic hearing on tre confir~ation of asses~- 'ments on Gutter District No.3 along Second and Fourth Streets betv.een Cc.lcrado and Broad" way. The proof of mailing was filed by order of Payor Bambrick. The staff repcrt was presented and discussion was held. The public hearing was opened at 9'16 P.~. There being no one present wishing to speak on the matter, Councilmember Reed moved to close the public hearing at 9:17 P.M. Second by Councilmember Scott. The motion carried by i unanimous vote. Councilmember Reed moved to acknowledge th?t there are no pretests and I adopt Resolution No. 6204(CCS) entitled' "A RESOLUTION OF THE CITY COlJNCI l OF TI-'E CITV OFI SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING GUTTER DIS-i TRICT NO.3 ON SECOND AND FOURTH STREETS" reading by title only and waiving further read-i ing thereof. Second by Councilmember Scott. Mayor Pro Tempore Vannatta Go1dway requeste~ that the record indicate that her vote in favor is simply to facilitate this agenda but ! that she does not approve of the downtown redevelopment project. The motion was approved! by the follOWing vote' Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden 7-C: FOURTH STREET STAIRWAY. Presented was a publ ic hearing to consider the proDosed design change of the Fourth Street Stairway between Adelaide Drive and Ocean Avenue (in Los Angeles), The staff report was presented. Discussion was held, including participa-, tlon by Bill Reeder, City of Los Angeles Engineer. The publ ic hearing was opened at 9.20 P.M. There being no one present Wishing to speak on the matter, Councilmember Reed, moved to close the h ooring at 9:21 P.M. and continue the discussion until all Councilmem-i bers are present. Second by Councilmember Scott. The motion was approved by unanirr~us vote. (The matter was cons idered February 11, 1981.) 8-A, 8-B, 9-A: Councilmember Reed moved to continue these matters until all members of the Council are present. Second by Mayor Pro Tempore Yannatta Goldway. The motion was approved by unanimous vote. (These Items were considered on February 11, 1981.) lO-A SCR 4 (STATEWIDE PRESERVATION TASK FORCE): Presented was a report from the land- marks Commission recommending support of Senate Concurrent Resolution 4, introduced by Senator Marks, establishing a Statevdde Preservation Task Force. The st~ff report was presented DaVid Cameron, representing the land~arks Commission, spoke in supoort of the request. Counc, lme~ber Reed moved to authorize the landmarks CommiSSion to com~upicate support for SCR 4. Second by Mayor Pro Temoore Vannatta Gold~ay. The motion failed by 7 February 10, 1981 177 178 the following vote: ! Council Vote: Affirmative: Counci1members Vannatta Goldway, Reed and Mayor Bambric~ Ne ga t i ve . Counci1member Scott . Absent: Counci1members Jennings and Rhoden (The matter was reconsidered on February 11, 1981.) ,ll-A: FIFTH STREET FAMILY HOUSING DEVELOPMENT: Presented for consideration was a proposed sales agreement with Goldrich Kest & Assoc. and approval of concept drawings for the 5th iStreet Family Housing Development. The staff report was presented. Councilmember Scott lmoved to approve Contract No. 3622(CCS) with Goldrich Kest & Associates (DBA Ocean Park iVi lIas) authorizing execution of the "Agreement for Sale of Land for Private Development" IIOf 24 family units on City-owned sites located at 2019-25 and 2219-21 Fifth Street and to approve the submitted Basic Concept Drawings for the project. Second by Councilmember Reed. Mayor Pro Tempore Yannatta Goldway stated for the record that the Architectural ,Review Board gave this project prel iminary approval only and urged the Board and CounCil ~o look closely at this design at the time of final approval that would make further !design feasible. Discussion vias held. The motion was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden ; h I-B: This matter was considered first on the agenda. r- ll-C: ADDITIONS TO CITV ATTORNEV STAFF: Presented for consideration was a request to . add the positions of Legal Secretary and Deputy City Attorney. The staff report was pre- sented. Councilmember Reed moved to approve the addition of a Legal Secretary to the staffing levels of the City Attorney's Department. Second by Councilmember Scott. The motion was approved by the following vote: Council Vote Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden Councilmember Reed moved to approve the addition of a Deputy City Attorney to the legal ,staff of the City Attorney's Department. Second by Mayor Pro Tempore Vannatta Goldway. IThe motion was approved by the following vote: Council Vote: Unanimously approved 4-0 Absent: Councilmembers Jennings and Rhoden ,ll-D: CLOSED SESSION REGARDING PENDING LITIGATION: At 9:36 P.M. Councilmember Reed !moved to recess to Closed Session for the purpose of discussing pending litigation. !Second by Councilmember Scott. The motion was approved by unanimous vote. Council recon ivened at 10:26 P.M. with the following Counci lmembers present: Councilmembers Yannatta ,Gold\1ay, Jennings, Reed, Rhoden, Scott and Mayor Bambrick. (No action \1aS taken at the Closed Session and the item was continued to February 11, 1981.) 8 Feb rua ry 10, 1981 . . . . I ! 12-A: ACTIVITIES OF FAIR ELECTION PRACTICES COMMISSION: Presented for consideration wast' the request of John J. Wachter to address the Council regarding activities of Fair Electi n Practices Commissioner Judy Neveau. Mr. John Wachter requested the Council to remove fro office FaIr Election Practices Commissioner Judy Neveau in view of her holding the office' of president of the Santa Monica Citizens Congress, alleging thet she discouraged hi~ fro~ becoming a Councilmember candidate in the City's election to be held April 14, 1981. J Discussion was held. Councilmember Reed indicated that she would discuss the matter with i Ms. Neveau and report back to the City Council. ! 12-B. FENCE HEIGHT VARIANCE: Presented was the request of George Kal~anson to address ' the Council regarding a fence height variance and waiving of the fee. Mr. Kalmanson was not present and no action was taken. i ; 5-B and 5-C: TENTATIVE TRACT MAP NOS. 35888 and 35887: Presented for consideration werei appeals regarding denial of extension, Tentative lract Map No. 35888, 14 unit condominiumt conversion, 1008 Second Street, Blue Chip Properties, previously Items ll-C on January 13, 1981 and 5-L on January 27, 1981; and Tentative Tract Map No. 35887, 14 unit cordomin ium conversion, 1032 Second Street, Regal Properties, previously Items 11-D on January I 13, 1981 and 5-M on January 27, 1981. The staff report was presented. Taml1a Jensen, ' representIng the owners, spoke in support of their request for extension of the tentative! tract maps. Discussion was held. Councilmember Rhoden move~ to affirm the decision of I the Planning Commission, deny the appeals and the requests for extensions in regard to Tentative Tract Map Nos. 35888 and 35887. Second by Mayor Pro Tempore Yannatta Goldway. ' The motion was a~proved by the following vote: Council Vote: Affirmative: Councilmembers Vannatta Goldway, Jennings, Reed and Rhoden Negative: Councilmember Scott and Mayor Bambrick 5-D: SECURITY RETROFIT FOR EXISTING BUILDINGS: Presented for consideration was the re- 1 quest of Mayor Pro Tempore Yannatta Goldway for diSCUSSion and direction to the City , Attorney to prepare an ordinance for security retrofit for existing buildings, previously Items l3-D on December 9, 1980, 5-D on January 13, 1981 and 5-A on January 27, 1981. i Following discussion, Mayor Pro Tempore Vannatta Go1dway moved to direct the City Attornev to prepare an ordinance to require the retrofit of existing buildings, both residential ; and commerCial, for security measures as recommended by the Police Department. Second by: Councilmember Rhoden. During discussion, and with the consent of the second, Mayor Pro . Tempore Yannatta Goldway included in the motion the suggestion of the City Attorney that there be included reference to the concurrence of the Fire Chief, Police Chief and Build- ing Officer in regard to those standards. The motion failed by the following vote: Council Vote: Affirmative' Councilmembers Yannatta Goldway and Rhoden Negative: Co~ncilmembers Jennings, Reed, Scott and Mayor Bambrick Councl lmember Jennin~s moved to agendlze the matter at the meeting of March 10, 1981, to receive the recommendation from the Planning Commission on the security retrofit issue, Second by Mayor Pro Tempore Yannatt~ Goldway. The motion was approved by the following vote, Council Vote: Affirmative Councilmembers Yannatta Goldway, Jennings, Rhoden and Mayor Bambrick Councilmembers Reed and Scott . Negative' . 9 February 10, 1981 179 i i l 180 Councilmember Rhoden moved to continue discussions past 11.00 P.M. Second by Councilmem- ber Reed. The motion was approved by unanimous vote. ,5-E: PARKING METER RATES. Presented for consideration was an ordinance for adoption in- creasing on-street parking meter rates in various areas of the City, introduced December . 10, 1980, and recommendation for appropriation of S67,500 to facilitate conversion, pre- viously Item 6-D on January 13, 1981 and 5-B on January 27, 1981. Counci1member Reed moved to adopt Ordinance No. 1195(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, AMENDING SECTION 3393C AND 3393D OF THE SANTA MONICA MUNICIPAL CODE TO INCREASE ON-STREET PARKING METER RATES IN PARKING METER ZONE C" reading by title only and waiving further reading thereof, and to approve an appropriation of S67,500 to facil- itate conversion Second by Councilmember Jennings. The motion was approved by the fol- lowing vote Council Vote: Affirmative: Councilmembers Vannatta Goldway, Jennings, Reed, Scott and Mayor Bambrick Negative: Councilmember Rhoden IS-H: SOLAR ENERGY CONFERENCE. The matter of attendance at the Solar Energy Conference !at the University of Santa Cruz was withdrawn by Councilmember Rhoden. '5-1: EVICTION PROTECTION. Presented for consideration was the request of Councllmember Jennings for discussion regarding eviction protection for uncontrolled residential units, ,previously Items 13-D on January 13, 1981 and 5-P on January 27, 1981. Following discus- ,sion, Counci1member Jenninss moved to direct the City Attorney to draft an ordinance pro- ividing eviction protection to all tenants in Santa Monica and that such eviction protec- !tion be along the lines of those stated in Section 1806 of the Charter aMendment !relatlng to Rent Control. Second by Mayor Pro Tempore Vannatta Goldway. During ; 'discussion there was no objection to including the request of Councllmember Reed that the' . 'ICity Attorney be authorized to draft alternate recommendations incorporating the City of . Los Angeles eviction protection ordinance. The motion ",as approved by the fo11o"Jing vote: I Council Vote: Affirmative: Councilmembers Vannatta Goldway, Jennings, Reed, ! Rhoden and Mayor Bambrick ! Negative: Councilmember Scott i ~S-J: PROPOSED MORATORIUM ON FURTHER COMMERCIAL USES IN RESIDENTIAL DISTRICTS: Presented ifor considerCltion vias the reqLlest of Counci lmember Jennings for discussion and direction Ito the City Attorney to oraft an emergency and regular ordinance placing a moratorium on further commercial uses in residential districts pursuant to Municipal Code Sections 9131 19112 and 9148.A., previously Item 13-E on January 13, 1981 and 5-Q on January 27, 1981. !Following discussion, Counc,lmember Jenninss moved to direct the City Attorney to draft, ;in emergency and regular form, an ordinance placing a moratorIum on any further commercia ~nd/or parking uses In residential districts pursuant to Municipal Code Sections 9l29.E., !9131, 9147, 9147.A. and 9148 until the Planning Commission recommendations are received. :Second by Councilmember Jennings. Further discuSSion was held. The mot,on was approved !by the follm,"ng vote: Council Vote: Affirmative: Councllmembers Vannatta Goldway, Jennings, Reed and Rhoden Negative Councilmember Scott and Mayor Bambrick 10 February 10, 1981 . . . . . . 5-M. WATER QUALI1Y ~ONITORING: Presented for consideration was a reco~endatiGn for an appropriation for purchase of a Gas Chromatograpr/Mass Spectrometer and laboratory analys s !for water quality monitoring, previously Item 6-L on January 27, 19R1. Mayor Pro Tem~ore 'Vannatta Goldway moved to approve an appropriation of 5131,000 from the ~ater Fund for . commercial laboratory analysis, purchase of a Gas Chromatograph/Mass Spectrometer and tre first year's service contract service/maintenance contract. Seconc by Councilwember Reed The motion was approved by the following vote' Council Vote: Unanimously approved 6-0 5-P: C3 GENERAL COMMfRCIAL (DOWNTOWN BUSINESS) DISTRICT DEVELOPMENT STANDARDS: Presente for consideration was an ordinance for ,ntroduction regarding development standards In th Downtown Business District relating to building bulk and parking, previously Item 8-B on January 27, 1981, The staff report was presented. Discussion ~BS be1d. The public hear ing was opened at 11 :40 P.M. Isa Feinstein spoke in opposition to additional restriction on development In the downtown business area. Vince Muselli spoke to request that the ima11 be kept separate from the proposed regulations, Sherman Stacey recommended that :appeal standards be spelled out in the ordinance. Discussion was held. There being no one else present wishing to speak on the subject, Counci1member Rhoden moved to close the hearing at 12:16 A.M. Second by Councilme~ber Reed, The motion was approved by unanimou vote. !Following discussion, Councilmember Reed moved to Introduce an ordinance, wricr the City :Attorney will draft for reintroduction with additional sections permitting a residential :use above the first floor, allowing for an overlap In parking computation when there is :mixed commercial and residential use, and requiring a Darking and traffic study in every 'case for every building over two stories, and deleting in its entirety proposed Section :2, Development Permit Reauired. The motion fai led for lack of a second. Councilmember iScott moved that the matter be tabled until the second meeting in April. Second by IMayor Bambrick. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Reed, Scott and Mayor Bambrick Negative. Councilmembers Yannatta Goldway, Jennings and Rhoden Councllmember Reed moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITV OF SANTA MONICA AMENDING CHAPTER I OF ARTICLE IX OF THE SANT~ MONICA MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS IN THE C3 GENERAL COMMERCIAL DISTRICT COMMONLY IDENTIFIED AS THE CENTRAL BUSINESS DISTRICT" reading by title only and '.'aiving ;further reading thereof, requesting the City Attorney to draft a section which permits 'residential use above the first floor, a section which allows for an overlap in parking lcomputation when there is mixed commercial and residential use, and a section which re- j,qUireS a parking and traffic study in every case for any building above two stories, and deleting in its entirety proposed Section 2, Development Permit ReqUired, retaining the vested rights section and providing a hardship exemption. Second by Mayor Pro Tempore IYannatta Goldway. With the consent of the second, Councilmember Reed amended the motion to direct the City Attorney to draft an ordinance including the changes indicated and return it to the Council for re-introduction. The motion, as amended, was approved by the following vote: Counc i i Vote: Affi rmat ive: Negat ive: I I I Rho~en I Counci1members Yannatta Goldway, Jennings, Reed and Counci1member Scott and Mayor Bambrick 11 February 10, 1981 131 182 i Councilmember Rhoden moved to send the Planning Commission a communication of the Counci11s interest in the issue of various ways developers could mitigate parking and traffic impact and requesting them to review the possibi lities and make recommendations for a potential :ordinance for incorporation Into our parking requirements allover the city, or at least 'listing considerations that would be available to developers to meet that issue. During idiscussion, Councilmember Rhoden included the suggestion of Mayor Pro Tempore Yannatta . iGoldway that the PlannIng Commission be directed to hold a hearing and consider traffic f'and parking mitigation measures, which are alternatives besides those now required, that' ould encourage transit incentives in all forms. Second by Mayor Pro Tempore Yannatta Go1dway. The motion was approved by the following vote; Council Vote: Affirmative Councilmembers Vannatta Go1dway, Jennings, Reed and , Rhoden Negative Councilmember Scott and Mayor Bambrick '6-F: FINAL TRACT MAP NO. 35504: Presented for consideration was a resolution approving I Final Tract Map No. 35504 submitted by El Patio Ltd. for a 34-unit condominium at j' 937 - 12th Street. Councilmember Reed moved to adopt a Resolution No. &202(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUB- DIVISION MAP OF TRACT NO. 35504 AND DIRECTING ISSUANCE OF CONDOMINIUM CONVERSION PERMIT ON ~ONDITIONS" reading by title only and waiving further reading thereof. Second by council-. ember Scott. Discussion was held. Tamila Jensen, representing the developer, spoke re-, garding a court decision relating to expiration of the tract map and previous Council ; ~ctions, and requested approval. Further discussion was held. Mayor Pro Tempore Yannatt~ !.r.GOldWay requested that the record show that she Is voting no and does not feel any obliga1 Ition to do what a court tells her to do when she thinks it is illegal and immoral, agains~ .'the Housing Element and the rights of the people who live in these apartments. Council- ! member Rhoden requested t~e record to show that she is voting against the motion In her ' ,feel ing that we are not obI igated to take an action upon the remand for reconsideration . land because the project does not conform to Housing Element Standards. The motion was approve by the following vote: i Council Vote Affirmative' Councilmembers Jennings, Reed, Scott and Mayor Bambrick, Negative: C6unci1members Vannatta Goldway and Rhoden i i6-M: COMMUNITV BUILDING, VIRGINIA AVENUE PARK: Presented for consideration was a recom-j t" endation for award of contract to Chapman Construction Co. for construction of a communi y ,building at Virginia Avenue Park. The staff report was presented. William N. Weeger, Vi e iPresldent of P&A Construction Co. requested award of the bid to their company, indicatin ;their lower bid and their qualificatIons as a minority contractor. Gerald O. Chapman, representing Chapman Construction Co., spoke in support of their award pursuant to the staff recommendation. Discussion was held. Mayor Pro Tempore Yannat,ta Goldway moved to continue the matter to February 11, 1981, and request the staff to report on the use 0 Lexan plastic and clarification regarding registration of P&A Construction Co. as a minor ity contractor. Second by Councilmember Reed. The motion was approved by the following ~ote: Council Vote: Unanimously approved 6-0 ~-S TRACTOR LOADERS: Presented for consideration was a recommendation for award of Bid No. 1553 to Milo Equipment Co. for two loaders for Recreation and Parks Department ,and Water Department in amount of $107,740.52. George Elser spoke on behalf of Case Powe 1& Equipment to request award of the bId to their company in that their models also . 12 February 10, 1981 . . . . . i fulfilled bid specifications. Discussion was held. Councilmember Rhoden moved to approv I the staff recommendation awarding Bid No. 1553 to Milo Equipment Co. for two tractors for Recreation and Parks and Water Departments in the amount of $107,740.52. Second by Councllmember Scott. The motion was approved by the following vote: Council Vote: Affirmative: Counci lmembers Jennings, Reed, Rhoden, Scott and Mayo r Bamb rick Abstain: Mayor Pro Tempore Yannatta'Goldway ADJOURNMENT. At 1 :20 A.M., Counci1member Rhoden moved to recess to 7.30 P.M. Wednesday, February 11, 1981, with remaining agenda items continued to that time. Second by Councilt member Scott. The motion was approved by the fol lowing vote: Counci I Vote, Unanimously approved 6-0 ATTEST. APPROVED: C::0t /}~ ~t/'^'iJ- 16{)/.v~ J~ n J.'~;\mbrlck , MlIyor Ann M. Shore City Clerk 13 February 10, 1981 ]83 184 . . . .