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M-9/15/1981 67 . CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 1981 A meeting of the Santa Monica City Council was called to order by Mayor Yannatta Goldway at 7:38 P.M. Tuesday, September 15, 1981 !having been continued from September 8, 1981. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of America. The Council convened as the Redevelopment Agency at 7:42 P.M. The Agency meeting adJourned at '7:49 P.M. and Council reconvened at 7:49 P.M. . Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane Acting City Manager John Jalili City Attorney Robert M. Myers City Clerk Ann M. Shore Absent: Councilmember William H. Jennings 4-B: HONORING REVEREND ELLIS CASSON: Mayor Yannatta Goldway presented a Proclamation honoring Reverend Ellis Casson who is 'leav1ng the community because of transfer to another church. Councilmember Conn moved to add Items 13-D, 13-E and 13-F to the agenda. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Mayor Yannatta Golaway moved to hear Items 7-L 'at this t1me and other exemption exemption cla1ms after 12-B. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Aff1rmative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway . Negative: Councilmembers Edwards and Reed Absent: Councilmember Jennings 7-L: CLAIM FOR EXEMPTION TO PERMIT BUILDING USE CONVERSION AT 2416-34TH STREET: Presented for consideration was Claim No. M-069 'of Dave Bentz for exemption from the building moratorium to construct a s~x-unit condominium project at 2416 - 34th Street, having been referred to hearing examiner on September 8, 1981. The lstaff report was presented. Dave Bentz, claimant, having been sworn on September 8, 1981, spoke in support of the claim. Counc11member Zane moved to deny the claim for a hardship I September 15, 1981 . 66 . exempt1on. Second by Counc11member Conn. The motion was approved by the following vote: i Council Vote: Aff1rmat1ve: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings Councilmember Zane moved to deny the claim for vested right. Second by Councilmember Conn. The motion was approved by the ifollowing vote: Council Vote: Affirmative: Counc11members Conn, Edwards, Press, Zane and Mayor Yannatta Goldway . Negative: Councilmember Reed Absent: Councilmember Jennings .B-B: AGREEMENT REGARDING WELTON BECKET DEVELOPMENT AT COLORADO iAVENUE BETWEEN CLOVERFIELD BOULEVARD AND 26TH STREET: Presented was -a staff report transmitting an ordinance for introduction approving an agreement with Colorado Place, Ltd. (Welton Becket iProJect) for development at Colorado Avenue between Cloverfield Boulevard and 26th Street. The public hearing, having been opened on September 8, 1981, was re-opened at 8:14 P.M. by Mayor Yannatta Goldway. John Gabree, member of the Commercial/Industrial [Development Plann1ng Task Force, spoke in favor. Isa Feinstein requested clarification of the term "retail" in the agreement. David O'Malley, representing the developer, spoke in support of the .ordinance. Pat Terlizzi, W. L. Bettig, and John Kravitz, attorney !representing Krantz ownersh1p, spoke in support. There being no one else wishing to speak, the public hearing was declared closed. Discussion was held. Councilmember Zane moved to introduce an [ordinance entitled: "A.'J ORDINA.'JCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT BETWEEN COLORADO PLACE, LTD., AND THE CITY OF SANTA MONICA", reading by title only and waiving further reading thereof and to authorize the City [Manager to execute an accompanying settlement agreement (Contract No. 3709-Ccsl permitting Phase I development. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Unanimously approved 6-0 Absent: Councilmember Jennings I 10-C AND 10-D: RECOMMENDATIONS OF TASK FORCES ON RESIDENTIAL AND COMMERCIAL/INDUSTRIAL DEVELOPMENT: Presented were recommendations of Citizens Task Forces on Residential and Commercial/Industrial IDevelopment and comments and suggested amendments from Planning 2 September 15, 1981 . . . . . 69 I commission. The staff reports were presented and the following persons spoke representlng the Task Forces: Gerald Goldman, Ken Genser, Darryl L. Turner and Catherine Tyrrell representing Citizens Task Force on Resldential Plannlng and Development and C. IJ. Jones representlng Citizens Task Force on Commercial and Industrial Planning and Development. Councilmember Zane moved to hear from members of the public for three minutes each. Second by ,Councilmember Conn, The motion was approved by unanimous vote. The following persons spoke ln regard to the subJect: Paul Silvern, Mike Vanvakaris, John J. Hawkins, Dave Minnick, Jack Haddad, Karl Schober, Harold Rosen, Gaye Deal, Ernest Kaplan, David iHoutz, Joseph Miko, Sr., Clayton Cramer, Alison D. S. L. Arnold, James Mount, Rosario Perry, Thomas Vardaro, Richard Knickerbocker, and Robert Collins. During the hearing, Councilmember Zane moved ,to contlnue discussions past 11:00 P.M. Second by councilmember Conn. The motion was approved by a vote of 5 in favor (Councilmember Reed opposed and Councilmember Jennings absent). No ,One else wishing to speak, the hearing was closed at 11:31 P.M. '(Councllmember Zane departed at 11:40 P.M.) Councilmember Conn moved to continue the matter to Tuesday, September 29, 1981, for discussion at that time. Second by Mayor Yannatta Goldway. The 'motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Zane Il-B: TENTATIVE TRACT MAP NO. 37368: Presented for consideration 'was the appeal of W. Bredberg from the decision of the Planning Commission failing to grant extension of Tentative Tract Map No. 37368 for a new 6-unit condominium project at 1443 Princeton Street. The staff report was presented. Richard Knickerbocker, attorney representing the developer, spoke in favor of granting the extension. Mayor Yannatta ~oldway moved to accept the City Attorney's recommendatlon to deny the appeal. Second by ,Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmatlve: Councllmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmembr Jennings and Zane [1-0: TREE ORDINANCE: Presented was a staff report recommending that the City Attorney be dlrected to prepare an ordinance amending the City's Tree Code and authorizing application of Tree City USA !status. Discussion was held. Mayor Yannatta Goldway moved to approve the staff recommendation directing the City Attorney to amend the Tree ordinance language incorporatlng the updated tree ~ist, permitting approval of tree removals by the Director of Recreation and Parks and the General Services Director and deleting the reference to $5 fee for permits; authorizing staff to apply for 3 September 15, 1981 70 . Tree City USA status; further that staff develop a procedure for determining from the adjoinlng nelghborhood their preference for either replacement of same or a more preferred tree; further, staff to review the fee. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: CounCllmembers Jennings and Zane 7-N: CLAIM NO. M-07l FOR EXEMPTION TO PERMIT CONSTRUCTION AT 1034-1050 FOURTH STREET: Mayor Pro Tempore Edwards moved to continue the matter to Septa~ber 22, 1981, as requested by the applicant who is willing to waive any time period necessary to effectuate that continuance. Second by Councilmember Conn. The motion was approved by unanimous vote. 12-B: PLANE ENGINE EXHIBIT AT DONALD DOUGLAS MUSEUM: Presented was the request of Basil Bybee, Project Manager, Donald Douglas Museum and Library, to address Council requesting assistance to move cutaway plane engine exhibit from Los Angeles Alrport College to Douglas Museum. Discussion was held. Councilmember Reed moved to approve the request thereby authorizing staff to assist the museum in the transport of one cutaway plane engine exhibit from Los Angeles Airport College to the Donald Douglas Museum at Santa Monica Airport, the City to be provided with a hold harmless clause and release so as not to be liable for the value of the engine, etcetera. Second by Mayor Pro Tempore Edwards. The motlon was approved by the following vote: . Council Vote: unanimously approved 5-0 Absent: Councilmembers Jennings and Zane 7-1: CLAIM FOR EXEMPTION TO PERMIT CONSTRUCTION AT 1129 19TH i STREET: - Presented was a Claim No. M-066 of Nineteenth Wilshire Developers, a limlted partnership, and Charles C. Hou, General Partner, for exemption from the building moratorium to construct six two-story townhouses at 1129 19th Street. The staff report was presented. The hearing was declared open. Sherman Stacey, representing the claimant, spoke in support of the project. There being no one else wishing to speak, the hearing was closed. Councilmember Conn moved to deny the claim for vested right. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: . Councl1 Vote: Afflrmatlve: Councilmembers Conn, Edwards, Press and Mayor Yannatta Go 1 dway Negative: Counci1member Reed Absent: Counci1members Jennlngs and Zane 4 September 15, 1981 . . . . . 71 I Councilmember Conn moved to deny the hardship claim. Second by :Councilmember Press. FOllowing discussion, the motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmembers Jennings and Zane 7-F: CLAIM FOR EXEMPTION TO PERMIT DEVELOPMENT AT 1525 GRANT STREET: Presented was Claim No. M-067 of 16th Grant Developers, a limited partnership, and Charles C. Hou, General Partner, for 'exemption from the building moratorium to construct five two-story townhouses at 1525 Grant Street. The staff report was presented. The public hearing was opened. Sherman Stacey, representing the I claimant, spoke in support and entered pertinent files into the record. There being no one else wishing to speak, the hearing was closed. Councilmember Conn moved to deny the claim for vested right. Second by Councilmember Press. The motion was approved by 'the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmembers Jennings and Zane Councilmember Conn moved to deny the claim for a hardship exemption. SecondbyCouncilmember Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: councilmember Reed Absent: Councilmembers Jennings and Zane 7-K: CLAIM FOR EXEMPTION TO PE&~IT DEVELOPMENT AT 2325 - 20TH STREET: Presented was Claim No. M-068 of Charles C. Hou for ,exemption from the building morator1um to construct five condominium units at 2325 - 20th Street. The staff report was presented. The hearing was opened. Sherman Stacey, represent1ng . the claimant, spoke in favor. There being no one else wishing to ! speak, the hearing was closed. Councilmember Conn moved to deny the claim for vested right. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: I 5 September 15, 1981 72 . Council Vote: Afflrmative: Councilmembers Conn, Edwards, Press and Mayor Vannatta Goldway Negative: councilmember Reed Absent: Councilmembers Jennlngs and Zane Councilmember Conn moved to deny the claim for hardship exemption. Second by Councilmember Press. The motion was approved by the !following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Mayor Vannatta Goldway ~egative: Councilmember Reed Absent: Councilmembers Jennings and Zane . 13-B: REPRESENTATIVE TO MOSQUITO ABATEMENT DISTRICT: Presented was Ithe request of Councilmember Conn for consideration of appointment of a City representative to fill a vacancy on the Los Angeles County West ~osquito Abatement District, having been continued from iAugust 18, 1981. Mayor Pro Tempore Edwards nominated Mallory Pearce as the City representative to the District for a term ending October 18, 1982. The motion was approved by the following vote, having been second by Councilmember Reed: I Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Zane 13-D: MAILING TO RESIDENTS REGARDING THE LIFTING OF THE BUILDING MORATORIUM AND DEVELOPMENT STANDARDS: Mayor Vannatta Goldway moved Ito continue the matter to the meeting of September 29, 1981. 'Second by Councilmember Conn. The motion was approved by unanimous vote. 113-E: LNG TERMINAL: Presented was the request of councilmember Conn for discussion of a policy on LNG (Liquified Natural Gas) Terminal at Point Conception. ~ayor Vannatta Goldway moved to idirect the City Attorney to prepare a resolution rescinding former 'Resolution and adopting a policy in opposition to installation of a Liquified Natural Gas Termlnal at Point Conception. Second by Councilmember Conn. The motion was approved by the following vote: . Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Zane 113-F: SF~ CASTLE BUILDING: Presented was the request of Mayor Vannatta Goldway for discussion of a resolution regarding rrotection of rent control at the Sea Castle building. Mayor 6 September 15, 1981 . . . . . Yannatta Goldway moved to d1rect the City Attorney to prepare a resolution asking that the Housing and Urban Development Department (HUD) act disfavorably upon rent control exemption requests for the Sea Castle building and urging HUD to allow local rent control ordinances to prevail in the operation of the Sea Castle in as much as the City's rent control charter amendment allows for pass-through of necessary capital 1mprovements as well as for a fair rate of return on investment; and that Resolution No. 6360{CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THAT THE LOCAL RENT CONTROL LAW BE UPHELD AND ANY REQUESTS FOR PREEMPTION THEREFROM BE DENIED", be adopted, read1ng by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Zane Il-F: CLOSED SESSION: There being no obJection, Council adjourned at 1:02 A.M. to the requested Closed Session for the purpose of discussing pending litigation and personnel matters. At 2:42 A.M. Council reconvened with the fOllowing members present: Mayor Yannatta Goldway, Mayor Pro Tempore Edwards, Councilmembers Conn, Press and Reed. Mayor Yannatta Goldway ~oved to approve settlement in the case of State Farm Insurance Company versus the city in the sum of $4,324.96. Second by Mayor Pro Tempore Edwards. The motion was approved by the fOllowing vote: Council Vote: Unanimously approved 5-0 Absent: Councilmemmbers Jennings and Zane ADJOURNMENT: At 2:43 A.M. Mayor Yannatta Goldway moved to adjourn to 7:30 P.M., Tuesday, September 22, 19B1, to consider matters continued from this agenda, and that adJournment be in memory of Ruth Watts, a civic leader and long time commun1ty volunteer; Everett Keller, a long time member of the Elks Club and Moose Lodge and long-time resident of the City; Helen Humes, a jazz singer who resided at the Beverly Manor Convalescent Hospital; and Leon F. S. Stark, father of Assistant City Attorney Stephen Stark. Second by Councilmember Conn. The motion was approved by the fOllowing vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Zane ATTEST: /i I /' I --.. 70<Lt," " ,,/ I' ': ,'" h r I, 0'-'Yl . U-"-" '--"----. Ann M. Shore City Clerk ~, POO D: , .. . rfi' ~ / ~ ~',,~ Ruth' Ya; at~~oldwa ;C7 Mayor' U 7 September 15, 1981 73 . . . . l_~