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M-9/8/1981 . . . . 51 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 1 September 8. 1981 52 . 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: . 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: . 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). 2 September 8, 1981 . . . . . 53 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. ! 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 3 September 8, 1981 54 . 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). . 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. . 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. 4 September 8, 1981 . . . . . 55 END OF CONSENT CALENDAR i '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 5 September 8, 1981 S6 . 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 . 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 6 September B, 1981 . . . . '. 57 I '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: I 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 7 September 8, 1981 58 . 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: . 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: I Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Vannatta Goldway Negative: Councilmembers Jennings and Reed . }-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 8 September 8, 1981 . . 59 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: . . 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 9 September 8, 1981 60 -. '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 10 September 8, 1981 . . . . . 61 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 11 September 8, 1981 67 . 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 12 September 8, 1981 . 63 . i '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) 13 September 8, 1981 . 64 . 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. 15 September 8, 1981 66 . 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 .