M-9/8/1981
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CITY OF SANTA MONICA
CITY COUNCIL PROCEEDINGS
SEPTEMBER 8. 1981
A meeting of the Santa Monica City Council was called to order by
iMayor Yannatta Goldway at 6:10 P.M. Tuesday, September 8, 1981.
having been continued from September 1, 1981.
Roll Call: Present: Mayor Ruth Yannatta Goldway
Mayor Pro Tempore Ken Edwards
Counc~lmember James P. Conn
Councilmember William H. Jennings
(arrived during Closed Session)
Councilmember Dolores M. Press
Councilmember Christine E. Reed
(arr~ved during Closed Session)
Councilmember Dennis Zane
City Clerk Ann M. Shore
ICLOSED SESSION: At 6:11 P.M. Mayor Pro Tempore Edwards moved to
adJourn to Closed Session for the purpose of discussing selection
of a City Manager. Second by Councilmember Conn. The motion was
approved by unanimous vote. At 7:34 P.M., Councilmembers convened
~ith all members present. Mayor Yannatta Goldway announced that
the City Council on a motion by Mayor Yannatta Goldway and
unanimous vote of the Council has offered the job of C~ty Manager
.to Camille Cates Barnett and a negotiating committee has been
'formed consisting of Mayor Yannatta Goldway, Mayor Pro Tempore
Edwards and Councilmember Conn to meet with Ms. Barnett.
Council convened in regular session at 7:37 P.M. Mayor Yannatta
Goldway led the assemblage in the Pledge of Alleg~ance to the
United States of America and introduced Reverend David McAllister,
Gateway Christian Church, who gave the Invocation.
Roll Call: Present: Mayor Ruth Yannatta Goldway
Mayor Pro Tempore Ken Edwards
Councilmember James P. Conn
Councilmember Will~am ~. Jennings
Councilmember Dolores M. Press
Councilmember Christine E. Reed
Councilmember Dennis Zane
Acting City Manager John Jalili
City Attorney Robert Myers
Assistant City Attorney Stephen Stark
City Clerk Ann M. Shore
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September 8. 1981
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4-A: PEACE CORPS WEEK: Mayor Yannatta Goldway presented to James
Rayburne, Area Manager of the Peace Corp Program, a proclamation
establishing Peace Corps Week in Santa Monica September 14-19,
1981.
Council met as the Houslng Authority at 7:41 P.M. and as the
Parking Authority at 7:44 P.M. Following those meetings, Council
met in regular seSSlon at 7:44 P.M. Councilmember Conn moved to
add Items 4-B, 6-V, 8-B, 8-C, 10-C, IO-D, 13-B and 13-C to the
agenda. Second by Mayor Yannatta Goldway. The motion was approved
by unanimous vote.
5-A: COUNCIL PROCEDURES: Presented was the request of
Councilmember Press for discussion of amendments to Resolution No.
4848 (Council procedures) relating to order of items on the agenda
(previously Items 13-B on August 18, 1981 and 5-B on August 25,
1981). Discussion was held, as introduced by Councilmember Press.
Mayor Yannatta Goldway moved to direct the City Attorney to draft
an amended resoluton of Council procedures to require that
Redevelopment Agency, Parking Authority and Housing Authority
meetings be regularly scheduled to convene at 7:00 P.M., and that a
separate category of Administrative Hearings be established which
would appear on the agenda between Items 11 and 12. Second by
Councilmember Press. The motion was approved by the following
vote:
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Council Vote: Unanimously approved 7-0
Mayor Yannatta Goldway moved to further amend the rules of
procedures resolution to allow a majority vote of Councilmembers to
continue meetings past 11:00 P.M. rather than the two-thirds now
required. Second by Councilmember Conn. Councl1member Jennln9s
moved an amendment to retain the two-thirds vote but change the
time of the motion to adjourn from 11:00 P.M. to 12:00 P.M.
Second by Councilmember Reed. After dlScussion the amendment
failed by the followlng vote:
Council Affirmatlve: Councl1members Jennings and Reed
Negative: Councl1members Conn, Edwards, Press,
Zane and Mayor Yannatta Goldway
The main motion was approved by the followlng vote:
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Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Councilmembers Jennings and Reed
Mayor Yannatta Goldway moved to hear from a member of the public
I. who had requested to speak. Second by Councilmember Jennings. The
motion failed by a vote of four to three (two-thlrds vote of
Council required to hear the public on Councilmember Items).
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September 8, 1981
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5-B: MAIN LIBRARY PARKING SPACES: It was noted that this matter
had been considered during the Parking Authority meeting held at
7:44 P.M. at which time the Authority approved changing the five
Ihour parking meters to two hours and instructing staff to explore
the feasibility of providing additional parking in the area of the
Main Library.
16. CONSENT CALENDAR: The Consent Calendar was presented.
'Councilmember Reed moved to approve the Consent Calendar with the
exceptions of Items 6-T, 6-U and 6-V, reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by Councilmember Conn. The motion was approved by the
i following vote:
Council Vote: Unanimously approved 7-0
16-A: APPROVAL OF MINUTES: Continued to September 22, 1981, at
'request of staff.
6-B: DEPARTMENT REVOLVING CASH FUNDS: A request for re~mbursement
of the following Departmental Revolving Cash Funds: Purchasing
1$286.95; Transportation $97.04: Recreation and Parks $72.72;
Library $64.22; Cemetery $29.23; C~ty Yards $198.27, was approved.
6-C: ORDINANCE PROHIBITING PARKING AND COMMERCIAL USES IN VARIOUS
DISTRICTS: Ordinance No. 1211(CCS) entitled: "AN ORDINANCE OF THE
ICITY COUNCIL OF THE CITY OF S&~TA MONICA REPEALING SECTIONS 9112A4,
'9129E, 913 9131A, 9131B, 9131C, 9131D, 9131E, 9131F, 9131G,
9131K, 91311, 9147, 9147A, 9147B, 9147C, AND 9147D OF THE SANTA
MONICA MUNICIPAL CODE", was adopted, having been introduced
,September 1, 1981.
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6-D: TREASURER OF REDEVELOPMENT AGENCY: Ordinance No. 1222(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING ORDINANCE NUMBER 1202(CCS) TO DESIGNATE THE
[DIRECTOR OF FINANCE AS TREASURER OF THE REDEVELOPMENT AGENCY", was
adopted, having been introduced September I, 1981.
6-E: NEWS RACK ORDINANCE: Ord1nance No. l223(CCS) entitled: "AN
'ORDINANCE -OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
THE 1979 NEWSRACK ORDINANCE TO ENLARGE THE AREA OF ZONE A", was
adopted, hav~ng been introduced September 1, 1981.
16-F: LICENSING OF HYPNOTISTS: Ordinance No. 1224(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 6204H, 6204H2 AND 6236 OF THE SANTA MONICA
MUNICIPAL CODE TO PROVIDE FOR THE LICENSING OF HYPNOTISTS AS
,PROFESSIONALS", was adopted, having been introduced September 1,
1981.
6-G: GRAPHICS TERMINAL: Resolution No. 6355(CCS) entitled: "A
,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING
IFORMAL BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO
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September 8, 1981
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PURCHASE A GRAPHICS TERMINAL AND RELATED EQUIPMENT FROM
HEWLETT-PACKARD COMPANY", was adopted.
6-H: TRANSPORTATION PROGRAMS/SCAG CONTRACT: Contract No.
3705(CCS) was awarded to SCAG (Southern California Association of
Governments) amending Section 8 funds, Urban Mass Transportation
Act, and updating Short Range Transit Plan, and for preparation of
a marketing and promotional program for the Transportation
Department.
6-1: TRANSIT PROGRAM: Contract No. 3706(CCS) was awarded to Illum
Association, Inc., to develop a Transit Marketlng and Promotional
Program asslsted by federal grant financing.
6-J: MOBILE AIR UNIT: The recommendation for appropriation of
$7,500 to Flre Department budget for purchase of parts for Mobile
Air Unit, was approved.
6-K: BICYCLE FUNDING: A recommendation for appropriation of
$89,289.18 of SCAG Bicycle and Pedestrian Improvement Funds for the
1981-82 fiscal year, specific proJects to be reviewed by Council,
was approved, adopting Resolution No. 6395(CCS).
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6-L: TRANSIT MIXED CONCRETE: Bid No. 1652 was awarded to
Liv~ngston Graham Divison for purchase of Transit Mixed Concrete
through September 30, 1982.
6-M: TURF TRANSPORTER: Bld No. 1646 was awarded to West Point
Industries, Inc., in amount of $5,522.60 for purchase of a turf
transporter.
6-N: DIESEL ENGINE: Bid No. 1639 was awarded to Ray Gaskin
Service in amount of $14,940.70 for furnishing and installing a
diesel engine for use by General Services Department.
6-0: PICK-UP TRUCK: B~d No. 1640 was awarded to Claude Short
Dodge in amount of $9,689.70 for purchase of a pick up truck for
use in the Recycling program.
6-P: TRUCK TIRE MACHI~S: Bid No. 1648 was awarded to Myers T~re
supply in amount of ~5,301.79 for two truck tlre machines.
6-Q: FUEL PUMP DISPENSERS: Bid No. 1644 was awarded to Prime of
California in amount of $11,917.58 for fuel pump dispenser
replacements.
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6-R: FORKLIFT: B~d No. 1643 was awarded to Equipment Co. of Los
Angeles in amount of $18,749.02 for one propane powered forklift.
6-S: SENIOR CENTER ROOF: A request for approval of Change Order
No.2 in amount of $10,844.67 to Contract No. 3638 with Miano
Construction Company for new roof for Senior Recreation Center at
Palisades Park, was approved.
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September 8, 1981
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END OF CONSENT CALENDAR
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'6-T: BROADWAY RELIEF SEWER CONSTRUCTION: Presented for
consideration was a recommendation to award a contract to Peter C.
David Company for construction of a relief sewer on Broadway.
~ollowing discussion, Mayor Yannatta Goldway moved to approve the
staff recommendation thereby rejecting the bid of A & A Pipeline,
awarding Contract No. 3707(CCS) to Peter C. David Company in the
lamount of $724,360 for construction of a relief sewer on Broadway,
authorizing up to $30,000 for required inspection and testing by an
outside agency, and authorizing the City Engineer to issue
recessary change orders not to exceed $70,000. Second by
Councilmember Conn. After discussion, the motion was approved by
the following vote:
Unanimously approved 7-0
6-U: EXEMPTION AGREEMENT PERMITTING CONSTRUCTION AT 1502 MONTANA
AVENUE: Presented was a staff report submitting an agreement with
Montana Project regarding sat1sfaction of a cond1tion of hardship
exempt10n (Claim No. M-028) from the building moratorium to
ponstruct a medical office building at 1502 Montana Ave.
Discussion was held. Councilmember Jennings moved to approve the
staff recommendation thereby approving Contract No. 3708(CCS), an
rgreement with Montana Project, California General Partnership,
regarding satisfaction of a condition of hardship exemption (Claim
No. M-028) from the building moratorium to construct a medical
pffice building at 1502 Montana Avenue, amended on page 3, Section
5 to read instead "the City may specifically enforce this agreement
1n court of competent jurisdiction. In any litigation to enforce
th1s agreement, the prevailing party shall be awarded reasonable
attorney's fees."; and authorizing the City Manager to execute the
agreement on behalf of the City. Second by Mayor Yannatta Goldway.
The motion was approved by the fOllowing vote:
Council Vote: Affirmative: Councilmembers Conn, Press,
Zane and Mayor Yannatta
Goldway
Negative:
Councilmembers Edwards. Jennings.
Reed
6-V: EMPLOYMENT OF LAW FIRM OF O'MELVENY & MYERS: Presented was a
resolution approving employment of the law firm of O'Melveny &
Myers to render legal services in regard to the Lincoln Company
matter. Following discussion, introduced by Councilmember
Jennings, it was agreed that the matter be considered during Closed
Session (Item II-F).
Councilmember Reed moved to bring forward Items 8-A, 8-B and 8-C
for discussion. Second by Councilmember Press. After discussion,
Mayor Yannatta Goldway moved a substitute motion to defer hearing
Items 7-A through 7-N until all the "8" and "10" items have been
~onsidered. Second by Councilmernber Press. The substitute motion
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September 8, 1981
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was approved by a vote of six in favor (Councilmember Reed
J opposed).
8-A AND 9-A: DOG LICENSE FEES: Presented was a staff report
transmitting an ordinance for introduction and a resolution
regarding dog license fees. The hearlng was declared open at 8:38
P.M. There being no one wishing to speak to the matter Mayor
Yannatta Goldway moved to close the hearing at 8:39 P.M. Second by
Councilmember Conn. The motion was approved by unanlmous vote.
Councilmember Reed moved to introduce an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
SECTION 4116 OF THE SANTA MONICA MUNICIPAL CODE TO PROVIDE THAT
LICENSE FEES FOR DOGS SHALL HEREAFTER BE ESTABLISHED BY
RESOLUTION", 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: Unanimously approved 7-0
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Mayor Vannatta Goldway moved to adopt Resolution No. 6359(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sl\..\fTA
I MONICA AMENDING RESOLUTION NUMBER 5190 ( CCS) TO PROVIDE FOR THE
. WAIVER OF FEES FOR PURCHASING ANIMALS FROM THE ANIMAL CONTROL
CENTER", 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 7-0
I 8-B: AGREEMENT RELATED TO DEVELOPMENT AT COLORADO AVID/UE BETWEEN
CLOVERFIELD BOULEVARD AND 26TH STREET: Presented was a staff
i report and an ordinance for introduction approving an agreement
with Colorado Place Ltd. (Welton Becket Project) for development at
Colorado Avenue between Cloverfield Boulevard and 26th Street.
D1Scussion was held, including participation by David O'Malley,
i representing the developer. The publlC hearing was declared open
at 9:29 P.M. John Hawkins spoke in support of permitting the
project to proceed. After further dlScusslon, Mayor Pro Tempore
I Edwards moved to continue the matter and the public hearing to
. September IS, 1981. Second by Councilmember conn. The motion was
approved by unaanimous vote.
I 8-C: SALE OF AUTOS ON PUBLIC STREETS: Presented was a staff .
report and an emergency ordinance amending the Munlcipal Code
relating to the sale of autos on public streets. Discussion was
iheld. The public hearing was declared open at 10:53 P.M. Alison D.
S. L. Arnold spoke to request that persons be permitted to park
their for sale autos immediately adJacent to the property address
, at which the vehicle is registered. There being no one else
I present wishing to speak, the hearing was declared closed. COWlcilmember Reed
moveu t-o introouce anu auopt Ord.Lllance No. 1225(CCS) entitled: "AN I
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
I SECTION 3376 OF THE SANTA MONICA MUNICIPAL CODE l\..VD DECLARING THE
PRESENCE OF AN EMERGENCY", reading by tltle only and waiving
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September B, 1981
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'further reading thereof amended to provide that any vehicle parked
on any street in violation of this subsection may be removed from
,the street by any peace officer. Second by Mayor Yannatta Go1dway.
.After discussion, the motion was approved by the fOllowing vote:
Council Vote: Unanimously approved 7-0
9-B: DOMESTIC VIOLENCE AWARENESS WEEK: Presented was a resolution
!declaring the week of October 12, 1981, as Domestic Violence
Awareness Week. Mayor Pro Tempore Edwards moved to adopt
Resolution No. 6357(CCS) entit:led: "A RESOLUTION OF THE CITY
ICOUNCIL OF THE CITY OF S&~TA MONICA MONICA DECLARING THE WEEK OF
OCTOBER 12, 1981, AS DOMESTIC VIOLENCE AWARENESS WEEK", reading
by title only and waiving further reading thereof and to direct the
'City Clerk to forward the resolution to the Sojourn Center. Second
by Councilmember Press. The mot~on was approved by the fOllowing
,vote:
Council Vote: Unanimously approved 7-0
lO-A: CLOVER PARK USE: Presented for consideration was a
recommendation of the Recreation and Parks Commission that Santa
'Monica College be allowed to construct mound and homeplate areas at
Clover Park and use that facility for games and practice. The
,staff report was presented. Discussion was held. Mayor Pro
'Tempore Edwards moved that city staff, through the City Manager's
office, establish dialogue with the College District to work out a
cooperative arrangement. Second by Councilmember Reed. Following
'discusslon in regard to present use by residents of Clover Park,
the motion was approved by the fOllowing vote:
Council Vote: Unanimously approved 7-0
,10-B: PARKING FINES TO FUND CRIME PREVENTION PROGRAM: Presented
was a recommendation of Crime Prevention Task Force to increase
,parking fines to provide addltional funds for crime prevention
program. The staff report was presented. Discussion was held.
Councilmember Reed moved to direct the City Attorney to prepare an
,ordinance increasing parking fines, providing for towing on
'handicapped space violations, making it illegal to store trailers
in excess of 24 hours in resldential neighborhoods with the same
,exemption for owner users as there is for motor homes at present (a
permit for overnight on your motor home), and setting a $25 fine
for storing commercial vehicles in residential ne1ghborhoods. The
'motion was duly seconded. There being no obJection, Councilmember
Reed included in the motion direction to the City Attorney to
,include in the ordinance giving the city authority to enforce
'handicapped spaces on private property. After discussion, the
motion was approved by the following vote:
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Council Vote: Unanimously approved 7-0
ilO-C AND 10-D: DEVELOPMENT TASK FORCE RECOMMENDATIONS: Presented
were recommendations of the Citizens Task Forces on Residential and
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September 8, 1981
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Commercial/Industrial Development and comments and suggested
lamendments from the Planning Commission. There being no objectlon,
these matters were contlnued to September 15, 1981, to permit
additional time for public review.
Icouncilmember Zane moved to extend discussions beyond 11:00 P.M.
Second by Mayor Yannatta Goldway. The motion was approved by a
Ivote of six in favor (Councilmember Jennings opposed).
Councilmember Reed moved to hold a recess. Second by Councilmember
Press. The motion was approved by unanimous vote. Council
Ireconvened at 11:14 P.M. with all members present.
7-A; CLAIM FOR EXEMPTION TO PERMIT CONSTRUCTION AT 211 CALIFORNIA
IAVENUE: Presented was Claim No. M-038 of Manouchehr Barcohen and
Ezatolah Barcohen for exemption from the building moratorium to
construct a 21-unit 6-story condominium at 211 California Avenue
I(referred to hearing examiner July 28, 1981) (previously Item 7-C
on August 25, 1981). The staff report was given. The hearing was
declared open. Sherman Stacy, attorney representing the claimant,
Ispoke in support of the proJect. No one wishing to speak, the
hearing was closed. Councilmember Conn moved to deny the claim for
vested right. Second by Councilmember Press. The motion was
lapproved by the following vote:
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Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Councilmembers Jennings and Reed
ICouncilmember Press moved to deny the claim for hardship exemption.
Second by Councilmember Conn. Councilmember Reed requested the
record reflect her comments that denial will place the City in
Ilegal jeopardy because the decision is inconsistent with the
decision in regard to Century West. After discussion, the motion
was approved by the fol1owing vote:
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Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Vannatta
Goldway
Negative:
Councilmembers Jennings and
Reed
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}-B: CLAIM FOR EXEMPTION TO PERMIT CONSTRUCTION AT 701 SANTA
IMONICA BOULEVARD: Presented was Claim No. M-059 of 701 Corporation
for exemption from the building moratorium to construct a
three-story office building at 701 Santa Monica Boulevard. The
Istaff report was given. The hearing was declared open. Mlchael
Miller, representing the corporation, was sworn and spoke in
support of the Claim. Discussion was held, including partiCipation
Iby Nisan Matlin, architect, who was sworn and spoke in support of
the project. There being no one else wishlng to speak, the hearing
~as closed. Discussion was held. councilmember Zane moved to
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September 8, 1981
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grant a hardship exemption conditioned upon the proJect going
Ibefore the Planning Commission for review for compliance wlth the
interim development guidelines. Second by Mayor Pro Tempore
Edwards. During discussion, and with the consent of the second,
'Councilmember Zane included in the motion the suggestion of the
City Attorney that the record reflect that Council is not
!prejudglng by granting this limited hardship any full review of the
proJect Lf it should come back before the Council at a later date
,so that it is clear the developer is assuming any risk that either
'the Planning commission or the City Council, in reviewing the
proJect on its merit, could turn it down. After discussion, the
,motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Jennings, Reed and Zane
Negative: Councilmember Press and Mayor
. Yannatta Goldway
Councilmember Conn moved to deny the claim for vested right in this
,matter. Second by Councilmember Zane. The motion was approved by
'the following vote:
.
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Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Councilmembers Jennings and
Reed
.7-C: CLAIM FOR EXEMPTION TO CONVERT A BUILDING AT 1402-1404
WILSHIRE BOULEVARD: Presented was Claim No. M-060 of Show
,Industries dba Music Plus for exemption from the bUll ding
.moratorium to convert a Finance Company and Barber Shop into a
Music Store at 1402 and 1404 Wilshire Boulevard. The staff report
'was given. The hearing was declared open. There being no one
wishing to speak to the matter, the hearing was closed.
,Councilmernber Zane.moved to grant the claim for hardship subject to
review by the Architectural Review Board. Second by Councl1member
Press. The motion was approved by the following vote:
Council Vote: Unanimously approved 7-0
councilmember Conn moved to deny the claim for vested right.
:Second by Councilmember Zane. The motion was approved by the
following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Vannatta
Goldway
Negative:
Councilmembers Jennings and
Reed
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September 8, 1981
60
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'7-D: CLAIM FOR EXEMPTION TO CONVERT A BUILDING AT 1453 SIXTH
STREET: Presented was Claim No. M-061 of Angela Rodriguez for
I exemption from the buildlng Moratorlum to convert vacant clothing
store to restaurant at 1453 Sixth Street. The staff report was
given. Angela ROdriquez, claimant. was sworn and spoke in support
I of the project. Theere being no one else wishing to speak, the
hearing was closed. Discussion was held. Councilmember Press
, moved to deny the claim for a hardship exemption. Second by
councilmember Zane. 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 Conn moved to deny the claim for a vested right in
this case. Second by Mayor Pro Tempore Edwards. The motion was
i approved by the fOl1owing vote:
.
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negatl.ve:
Councilmembers Jennings and
Reed
7-E: CLAIM FOR EXEMPTION TO PERMIT CONSTRUCTION AT 3200 SANTA
MONICA BOULEVARD: Presented was Claim No. M-06.2 of P. H. Steller
for exemption from the building moratorium to construct a medical
building at 3200 Santa Monlca Boulevard. The staff report was
given. The hearing ~as opened. Ko Kiyohara, representing the
claimant, was sworn and spoke in support of the project. Raymond
Greene, tenant of the bUl.lding, was sworn and spoke in opposition
to the proposal. There being no one else wishing to speak, the
J hearing was closed. Discussion was held. Councilmember Zane moved
. to deny the claims for vested right and hardship exemptions.
Second by Councilmember Conn. The motion was approved by the
following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Jennings, Press, Zane and
Mayor Yannatta GOldway
.
Abstain:
Councilmember Reed
7-F: CLAIM FOR EXEMPTION TO PERMIT CONSTRUCTION AT 2914 MAIN
STREET: Presented was Claim No. M-063 of Timothy J. Smith and
Glenn N. Togawa for exemption frOM the building moratorium to
convert a vacant structure to architectural offlces at 2914 Main
Street. The staff report was given. (Councilmember Jennings
departed at 1:02 A.M.) The hearing was declared open. Tim Smith,
claimant, was sworn and spoke in support of the project. There
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September 8, 1981
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jbeing no one else wishing to speak, the hearing was closed.
Discussion was held. Mayor Pro Tempore Edwards moved to grant a
hardship exemption conditioned upon review of the landscape plan by
,the Architectural Review Board to improve the appearance of the
alley. Second by Councilmember Reed. After discussion, the motion
was approved by the fOllowing vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Reed and Zane
Abstain:
Mayor Yannatta Goldway
Absent:
Councilmember Jennings
Councilmember Conn moved to deny the claim for vested right.
'Second by-Councilmember Zane. The mot~on was approved by the
follow~ng vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Councilmember Reed
Absent:
Councilmember Jennings
'7-G: CLAIM FOR EXEMPTION TO PERMIT BUILDING CONVERSION AT
2421-2439 MAIN STREET AND 2420-2438 SECOND STREET: Presented was
Claim No. M-064 of Michel Brothers, -Inc. for exemption from the
building moratorium to convert an existing wholesale and retail egg
business to commercial offlces and retail stores at 2421-2439 Main
Street and 2420-2438 Second Street. The staff report was given.
'The hearing was opened. Kathy Anderson, representing the claimant,
was sworn and spoke in support of the project. Discussion was
held. No one else wishing to speak, the hearing was closed.
'Councilmember Zane moved to grant the hardship exemption to proceed
with the demolition with the understanding that the project is
,still to be reviewed by the Plann~ng Commission under the
'guidelines adopted for Main Street. Second by councilmember Conn.
Discussion was held. Councilmember Reed moved a substitute motion
,to grant a hardship exemption to permit the claimant to go forward
with the proJect and condition it on the payment of In-lieu fees
which will be determined upon the issuance of an occupancy permit.
Second by Mayor Pro Tempore Edwards. After discussion, the
substitute motion failed by the following vote:
Council Vote: Affirmative: Councllmembers Reed and
Edwards
Negative:
Councilmembers Conn, Press,
Zane and Mayor Yannatta
Goldway
Absent:
Councilmember Jennings
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September 8, 1981
67
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i The original motion was approved by the following vote:
Council Vote: Afflrmative: Councl1members Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Councilmember Reed
Absent:
Councilmember Jennings
Councilmember Conn moved to deny the claim for vested right.
Second by Councilmember Zane. The motion was approved by the
following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
.
councilmember Reed
Absent:
Councilmember Jennings
7-I, 7-J AND 7-K CLAIM NO. M-066 (1129 19TH STREET), CLAIM NO.
M~067 [1525 GR&\fT STREET), AND CLAIM NO. M-068 (2325 - 20th STREET)
FOR EXEMPTION FROM THE MORATORIUM TO PERMIT CONSTRUCTION; Mayor
Vannatta Goldway moved to continue these matters to September 15,
1981, as requested by the claimant's representative. Second by
Councilmember Reed. The motion was approved by unanimous vote.
7-H: CLAIM FOR EXEMPTION TO PERMIT BUILDING CONVERSION AT 1914
WILSHIRE BOULEVARD: Presented was Claim No. M-065 of Composite
Properties for exemption from the building moratorium to convert a
vacant auto repair garage to a clothing store at 1914 Wilshlre
Boulevard. The staff report was given. Mayor Yannatta Goldway
moved to grant a hardship exemption. Second by Councilmember
Press. No one wishing to speak to the matter, the hearing was
opened and closed. The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent:
Councilmember Jennlngs
Councilmember Conn moved to deny the claim for vested right.
Second by Councilmember Zane. The motion was approved by the
following vote:
.
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Councilmember Reed
Absent:
CounC11member Jennings
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September 8, 1981
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'7-L: CLAIM FOR EXEMPTON TO PERMIT CONSTRUCTION AT 2416 - 34TH
STREET: Presented was Claim No. M-069 of Dave Bentz for exemption
from the building moratorium to construct a six-unit condominium
project at 2416 34th Street. The staff report was given. Dave
IBentz, claimant, was sworn and spoke in support of the project.
There being no one else wishing to speak, the hearing was closed.
Discussion was held. Councilmember Reed moved to grant a hardship
exemption. The motion failed for lack of a second. Councilmember
!Conn moved to refer the matter to a hearing examiner to to be
returned to the agenda September 15, 1981. Second by Mayor Pro
Tempore Edwards. The motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Vannatta
Goldway
Negative:
Councilmember Reed
.
Absent:
Councilmember Jennings
i7-M: CLAIM FOR EXEMPTION TO PERMIT BUILDING CONVERSION AT 1907
LINCOLN BOULEVARD: Presented was Claim No. M-070 of American
Dental Plan for exemptlon from the building moratorium to convert
store use to dental use at 1907 Lincoln Boulevard. The staff
Ireport was given. John Thaxton was sworn and spoke in support of
'the project. There being no one else present wishlng so speak to
the matter, the hearing was closed. Counc11member Zane moved to
grant a hardShip exemption. Second by Councilmember Press. The
motion was approved by the fallowing vote:
!
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
councilmember Conn moved to deny the claim for vested right.
Second by Mayor Yannatta Goldway. The motion was approved by the
fOllowing vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
. Negative: Councilmember Reed
Absent:
Councilmember Jennings
7-N: CLAIM FOR EXEMPTION TO PERMIT CONSTRUCTION AT 1034-1050
FOURTH STREET: This matter (Claim No. M-071) was continued to
September 15, 1981, at request of the applicant.
i
ll-A: FINAL TRACT MAP NO. 41576: Presented was a staff report
regarding Final Tract Map No. 41576 submltted by Michael L. Dituri
for a 4-unit new condominium proJect at 1426 Californla Avenue.
!Mayor Yannatta Goldway moved to adopt Resolution No. 6358(CCS)
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September 8, 1981
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64
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entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 41576",
reading by title only and waiv~ng further reading thereof. Second
by Councilmember Zane. The motion was approved by the fol1owlng
vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
Il-B: TENTATIVE TRACT MAP NO. 3736B: Continued to September 15,
1981.
Il-C: ROADWAY AND PARKING CHfu~GES ON 26TH STREET BETWEEN SAN
VICENTE BOULEVARD AND MONTfu~A AVENUE: Presented for consideration
was a staff report recommending authorization to modify roadway and
remove peak hour parking restrictions on 26th Street between San
Vicente Boulevard and Montana Avenue. Mayor Vannatta Goldway moved
to direct staff to meet with 26th Street community in the next week
and explain the pIan so they can particlpate in a hearing next
week. Second by Councilmember Conn. Discussion was held.
Councilmember Zane moved a substltute motion that this matter be
agendized after meetings with the community. Second by
Councilmember Reed. The motion was approved by the fol10wing vote:
.
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
II-D: TREE ORDINANCE: Contlnued to September 15. 1981.
11-E: CLAIM FOR EXEMPTION TO PERMIT DEVELOPMENT AT 1803-22ND
STREET: Presented was a staff report recommending -grantlng of a
conditlonal hardship exemption (instead of a development agreement)
from the building moratorium regarding Claim No. M-046 for
property located at 1803-22nd Street, pursuant to direction by the
City Council on July 28, 19B1. Mayor Yannatta Goldway moved to
approve the staff recommendation granting a hardShip with
condit~ons recommended in the City Attorney's staff report dated
September 8, 1981; adding for the record that while the Main Street
development credit system was used in this case this is not a
precedent and the development credits will be adjusted in the
future. Second by Councilmember Conn. Scott L. Schafer, clalmant,
spOke in support of the proJect. Discussion was held. After
discussion, Councilmember Zane moved a substitute motion to approve
the staff recommendation with conditions and an additional change
that the 3.6% development fee be payable prior to the issuance of
the Certificate of Occupancy. Second by Mayor Pro Tempore Edwards.
The substitute motion was approved by the following vote:
.
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
14
September 8, 1981
.
.
.
.
.
65
ll-E: CLOSED SESSION: There being no objection, the Closed
jSession was continued until later ~n the meeting.
112-A: CHAMBER OF COMMERCE REQUEST REGARDING MALL IMPROVEMENT STUDY
!PLAN: Continued to September 22, 1981, at request of Chamber of
Commerce.
12-B: DONALD DOUGLAS MUSEUM REQUEST REGARDING PLANE ENGINE
EXHIBIT: Continued to September 15, 1981.
13-A: COUNCILMEMBER TRAVEL FUNDS: Presented was the request of
Councilmember Reed for authorization to use travel funds for
Chicago-Minneapolis portion of trip (representing County
Transportation Commission in Chicago) to research
,neighborhood-based planning efforts. Mayor Pro Tempore Edwards
Imoved to grant Councilmember Reed's request to use travel funds as
,requested. Second by Councilmember Conn. The motion was approved
by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
13-B: APPOINTMENT TO MOSQUITO ABATEMENT DISTRICT: Continued to
September 15, 1981.
.13-C: APPOINTMENT TO CITIZENS DEVELOPMENT TASK FORCE: Presented
Iwas the request of Mayor Yannatta Goldway to recognize the service
iof C. C. Mow upon his resignation from the Citizens Task Force on
Neighborhood Participation/Permit Process and for a replacement
appointment. Councilmember Zane moved to accept the resignation of
C. C. Mow with thanks and to appoint Marianne Boretz to the Task
Force. Councilmember Reed nominated William Sullivan. Discussion
was held. The motion appointing Marianne Boretz to the Task Force
was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Counci1member Reed
Absent:
Councilmember Jennings
Il-F: CLOSED SESSION: Presented was a request for a Closed
Session to dlSCUSS pending litigation and personnel matters. At
2:31 A.M., there being no objection, Council adjourned to Closed
Session for the stated purposes. At 2:35 A.M. Council reconvened
jith six members present, Councilmember Jennings absent.
~-V: EMPLOYMENT OF LAW FIRM OF O'MELVENY AND MYERS: Presented was
'a- resolution approving employment of the law firm of 0' Melveny &
Myers to render legal services in regard to the Lincoln Company
matter. Mayor Yannatta Goldway moved to adopt Resolution No.
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September 8, 1981
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6356(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA EMPLOYING LEGAL COUNSEL IN THE LINCOLN PROPERTIES
COMPANY MATTER", reading by tltle only and waiving further reading
thereof. Second by Councilmember Conn. The motion was approved by
the following vote:
Council Vote: Afflrmatlve: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Abstain:
Councilmember Reed
Absent:
Councilmember Jennings
ADJOURNMENT: At 2:38 A.M., Councilmember Conn moved to adjourn to
7:30 P.M., Tuesday, September 15, 1981, to consider continued
items, adjournment to be in memory of Roy wilkins and Martha
Wictum. Second by Mayor Yannatta Goldway. The motion was approved
by the following vote:
.
Council Vote:
Unanimously approved 6-0
I ATTEOT,
'(2,--", lp7~
I Ann M. Shore
City Clerk
Absent:
Councilmember Jennings
,JM'9ED:
U9{
Ruth Yr?
Mayor
.
16
September 8, 1981
.