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M-8/25/1981 (2) . . . . ~ CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS AUGUST 25, 1981 A meet1ng of the Santa Monica City Council was called to order at 7:34 P.M. on Tuesday, August 25, 1981. Mayor Yannatta Goldway led the assemblage in the Pledge of Allegiance to the United States of America and introduced Reverend John Shaw, Chaplain, Santa Monica Hosp1tal. who offered the invocation. At 7:38 P.M. Council convened as the Redevelopment Agency, adjourned the Agency meeting at 9:52 P.M., reconvened as Counc11 at 9:52 P.M. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press Acting C1ty Manager John Jalili City Attorney Robert M. Myers Assistant City Attorney Stephen Stark City Clerk Ann M. Shore Absent: Councilmember Chr1stine E. Reed Councilmember Dennis Zane is-A: PERIPHERAL CANAL: Councilmember conn moved to continue the :matter to a later date to permit a representative of the 'Metropolitan Water District to be present. Second by Councilmember Press. The motion was approved by unanimous vote. 5-8: COUNCIL AGENDA PROCEDURES: Councilmember Press moved to continue the matter to a time when a full Council is present. Second by Councilmember Conn. The motion was approved by unanimous vote. Mayor Yannatta Goldway moved to add Items 6-T, 10-B. and 13-B to ;the agenda. Second by Councilmember Conn. The motion was approved !by unanimous vote. CONSENT CALENDAR: The Consent Calendar was presented. Councilmember Conn moved to approve the Consent Calendar with the exception of Items 6-C and 6-D, adopting resolutions and ordinances therein, reading by titles only and waiving further reading thereof. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Unan1mously approved 5-0 Absent: Councilmember Reed and Zane 1 August 25, 1981 32 . 6-A: APPROVAL OF MINUTES: Minutes of City Council meetings held August 4, 1981, and August 8-9, 1981, were approved. 6-B: REVOLVING CASH FUNDS: A request for re1mbursement of the following Departmental Revolv1ng Cash Funds: Purchasing $591.86: Recreation and Parks $257.47; Police $214,37; Library $190.79; Transportation $174.89; City Attorney $96.92, was approved. 6-E: AIRPORT INSURANCE: Ordinance No. 1218 entitled: "AN ORDIN~NCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 10103 OF THE SANTA MONICA MUNICIPAL CODE", was adopted. 6-F: SIDEWALK/DRIVEWAY/CURB REPAIR: Resolut1on No. 6344(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-80-19)", setting a hearing date for September 22, 1981, was adopted. . 6-G: PERSONNEL TESTS: Resolut1on No. 6345(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO RNTER INTO A CONTRACT WITH COOPERATIVE PERSONNEL SERVICES, A DIVISION OF THE STATE PERSONNEL BOARD, FOR THE PURPOSE OF LEASING STANDARDIZED TESTS", was adopted, awarding Contract No. 3713(CCS). 6-H: BEACH CLE~NING MACHINE: Resolution No. 6346(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO PURCHASE ON THE OPEN MARKET ONE NEW BEACH CLEANING MACHINE", was adopted. 6-1: TREE STUMP CUTTER: ReSOlution No. 6347(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO PURCHASE ON TIiE OPEN MARKET ONE TREE STUMP CUTTER", was adopted. 6-J: MOTORCYCLE: Resolution No. 6348(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO PURCHASE ON THE OPEN MARKET ONE NEW THREE-WHEELED MOTORCYCLE", was adopted. 6-K: PAVEMENT ASSESSMENT ON FIRST COURT: Resolution No. 6349(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE TO PROPERTY OWNERS TO RECONSTRUCT FIRST COURT BETWEEN BROADWAY AND COLORADO AVENUE, ALL WITHIN THE CITY OF SANTA MONICA", sett1ng a hearing date for September 22, 1981, was adopted. . 6-L: TREE AND GUTTER ASSESSMENT: Resolution No. 6350(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE TO PROPERTY OWNERS TO CONSTRUCT GUTTERS 2 August 25, 1981 . . . . . 33 AND TO PLANT TREES ON WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND TWENTY-FIRST STREET, ALL WITHIN THE CITY OF SA..'1TA MONICA", setting a hearing date for September 22, 1981, was adopted. 6-M: CDBG FUND APPLICATION: The recommendat1on for approval of schedule of tasks and hearings leading to preparat10n of 1982-83 Community Development Block Grant application, was approved. 6-N: MARINE STREET WATER MAIN: The recommendation for authorization to transfer funds for Marine Street Water Main replacement proJect, was approved. 6-0: RECYCLING PROGRAM: Contract No. 3702(CCS) was awarded to EcoloHaul for recycling and public awareness services for the ! Curbside Recycling Program. 6-P: LIBRARY CARDS: Bld No. 1631 was awarded to Globe Ticket Co. for purchase of library cards for Data Processlng Department in the amount of $13,200. 6-Q: PROPANE FUEL USE: The recommendation for approprlation of ! $18,000 to convert 18 city vehicles to propane fuel use was approved. 6-R: COpy MACHINE: The recommendation for appropriation in the amount of $2,795 for purchase of copying machine for Woodlawn Cemetery operations, was approved. 6-S: FIRE STATION CONSTRUCTION: The recommendation for approval : of Change Order No. 2 to contract with Chapman Construction Company , for new Fire Statlon No.5 in the amount of $28,000, was approved. 6-T: PIER RESTORATION: Resolution No. 635l(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE CALIFORNIA COASTAL CONSERVANCY TO PROVIDE ASSISTANCE IN THE DEVELOPMENT AND IMPLEMENTATION OF A RESTORATION PLAN FOR THE SANTA MONICA PIER", was adopted. ~ND OF CONSENT CALENDAR 6-C: COMMISSION ON STATUS OF WOMEN: Presented for consideration was an ordinance for adoption establishing a Commission on the Status of Women, having be reintroduced on August 11, 1981. Councilmember Press moved to adopt Ordinance No. 1216(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A COMMISSION ON THE STATUS OF WOMEN", 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 5-0 Absent: Councilmember Reed and Zane 3 August 25, 1981 34 . 6-D: FIRE SAFETY REGULATIONS: Presented for consideration was an ordinance for adoption regarding supplemental f~re safety requirements, having been introduced August 11, 1981. Councilmember Jennings moved to hear members of the public who had requested to speak. Second by Mayor Pro Tempore Edwards. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Edwards and Jennings Negative: Counc~lmembers Conn, Press and Mayor Yannatta Goldway Absent: Councilmembers Reed and Zane Councilmember Conn moved to adopt Ordinance No. l2l7(ccs) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 206 OF THE 1979 UNIFORM ADMINISTRATIVE CODE TO INCLUDE SUPPLEMENTAL FIRE PROTECTION PROVISIONS", reading by title only and waiving further reading thereof. 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 Jennings Absent: Councilmembers Reed and Zane Mayor Yannatta Goldway moved to hear Item 8-A at this t~me. Second by Councilmember Press. The motion was approved by unanimous vote. 8-A: LIFTING OF BUILDING MORATORIUM: Presented was a staff report transmitting an ordinance for introduction l~fting the building moratorium and establishing interim development procedures. Discussion was held. The public hearing was opened at 10:38 P.M. There being no one w~shing to speak on the subJect, the hearing was declared closed at 10:38 P.M. Councilmember Press moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA LIFTING MORATORIUM ON CERTAIN DEVELOPMENT AND ESTABLISHING INTERIM PROCEDURES", reading by title only and waiving further reading thereof, amended in Section 4, Permits authorized, by addition of a sentence to read "No building permit issued pr~or to April 22, 1981, for which stop orders are in effect shall be valld unless such development is permitted pursuant to Sect~on 3 of this ordlnance.", and amended in Section 3, Development Permitted, subsection (K) by addltion of the phrase "...1981, or for which an exemption was provided by Section 3(e) of Ordinance No. 1205(Ccsl or Ordinance No. 1207(CCS}." Second by Councilmember Conn. After dlScussion, the motion was approved by the following vote: . 4 August 25, 1981 . . . . . 35 Council Vote: Aff1rmat1ve: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway ~egative: councilmember Jennings Absent: Councilmembers Reed and Zane Councilmenber Press moved to extend d1scussions past 11:00 P.M. Second by Councilmernber Conn. The not1on failed by the following vote (two-thirds vote of Council being required to carry such a motion): council Vote: Affirmatlve: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Jennings Absent: Councilmembers Reed and Zane After discussion, C~uncilmember Jennings moved to reconsider the lmotlon and moved to continue discussions past 11:00 P.M. and to !adjourn to Closed Session at Midnight. Second by Mayor Yannatta Goldway. The motlon was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Reed and Zane Mayor Yannatta Goldway moved to consider Item 8-F at this time. Second by Councilmember Press. The motion was approved by ,unan1mous vote. 8-F: TAX RATE FOR PARKING AND BUSINESS IMPROVEMENT AREA: Presented for consideration was a staff report and ordinance for introduction and adoption setting the 1981-82 tax rate for the Parking and Business Improvement Area. Councilmember Press moved to introduce and adopt Ordinance No. 1219(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF S~~TA MONICA FIXING THE TAX RATE AND LEVYING TAX FOR FISCAL YEAR BEGINNING JULY 1, 1981, FOR THE PARKING ~D BUSI~ESS IMPROVEMENT AREA", reading by title only and waiving further read1ng thereof. Second by Councilmember Conn. The public hearing was opened at 11:05 P.M. There being no one wishing to speak on the subJect, Councilmember Jenn1ngs moved to close the hearing at 11:06 P.M. Second by Councilnember Conn. The motion was approved by unanimous vote. The motlon to introduce and adopt Ithe ordlnance was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Reed and Zane 7-A: CLAIM FOR EXEMPTION TO PERMIT DEVELOPMENT AT 2300 WILSHIRE BOULEVARD: Presented was Claim No. M-049 of Los Feliz Company and ,Ojai oil Company for exemption from the building moratorium to ! 5 August 25, 1981 ~ . construct a six-story office building at 2300 and 2320 W~lshire Boulevard. The staff report was presented. The public hearing was opened. Doug Off, representing the claimant, was sworn and spoke in support of the project. No one else wishing to speak on the subJect, the public hearing was closed. Mayor Yannatta Goldway moved to deny the claim for a hardship exemption. Second by Councilmember Conn. The motion was approved by the follow~ng vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Jennings Absent: Councilmembers Reed and Zane Councilmember Conn moved to deny the cla~m for vested right. Second by Councilmember Press. The motion was approved by the following vote: . Counc~l Vote: Affirmat~ve: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Jennings Absent: Councilmembers Reed and Zane 7-B: CLAIM FOR EXEMPTION TO PERMIT DEVELOPMENT AT 1217 - 22ND STREET: Presented for consideration was Claim No. M-025 of Anoosh Askari for exemption from the building moratorium to construct a 4-un~t condominium project at 1217 - 22nd Street, referred to a hearing examiner June 10, 1981. The hearing was opened. Anoosh Askar~, claimant, was sworn and spoke in support of the proJect. Discussion was held. There being no one else wishing to speak on the subJect, the hearing was closed. Discuss~on was held. Councilmember Conn moved to deny the claim for vested right. Second by Mayor Pro Tempore Edwards. The motion was approved by the following vote: Council Vote: Aff~rmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Jennings Absent: Councilmembers Reed and Zane . Councilmember Conn moved to deny the claim for hardship exempt~on. Second by Mayor Yannatta Goldway. The motion failed by the following vote (however, the C~ty Attorney advised that the matter is disposed of because the vested right was dealt with and there is no requirement to grant a hardship upon denial of the vested right) : 6 August 25, 1981 . 37 . Council Vote: Affirmative: Councilmembers Conn, Press, and Mayor Yannatta Goldway Negat~ve : Councilmembers Edwards and Jennings Absent: Councilmembers Reed and Zane 7-D: CLAIM FOR EXEMPTION TO PERMIT DEVELOPMENT AT 955 OCEAN AVENUE: Presented was Claim No. M-055 of Enco Bu~lders for exemption from the building moratorium to construct a 5-story ilO-unit condominium project at 955 Ocean Avenue. The staff report was presented. The hearing was opened. Herbert Singer, representing Enco Builders, spoke in support of the proJect. There being no one wishing to speak to the matter, the hearing was closed. Counc~lmember Conn moved to deny the claim for vested 'right. Second by Councilmember Press. The motion was approved by . the following vote: Council Vote: Aff~rmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: councilmember Jennings Absent: Councilmembers Reed and Zane i Councilmember Conn moved to deny the claim for a hardship exemption. Second by Counc~lmember Press. The motion was approved by the fOllowing vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: councilmember Jennings Absent: councilmembers Reed and Zane . 7-E: CLAIM FOR EXEMPTION TO PERMIT DEVELOPMENT AT 512 SANTA MONICA BOULEVARD: Presented was Claim No. M-Q56 of Richard Howard Gross ifor exemption from building moratorium to convert a vacant store to a sandwich shop at 512 Santa Monica Boulevard. The staff report was presented. The public hearing was opened. R. H. Gross was sworn and spoke in support of the proJect. Discussion was held. ;There being no one else present wishing to speak on the matter, the hearing was closed. Councilmember Conn moved to grant a hardship exemption. Second by Councilmember Press. The mot~on was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Reed and Zane Icouncilmember Conn moved to deny the claim for vested right. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: 7 August 25, 1981 . 38 . Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Jennings Absent: Councilmembers Reed and Zane 7~F: CLAIM FOR EXEMPTION TO PERMIT DEVELOPMENT AT 3205 SANTA MONICA BOULEVARD: Presented was Claim ~o. M-057 of Santa Monica Employees Federal Credit Union for exemption from the bu~ld~ng moratorium to remodel an existing duplex into credit union offices at 3205 Santa Monica Boulevard. The staff report was presented. The hearing was declared open. There being no one wishing to speak to the subject, the hearing was closed. Counc~lmember Conn moved to grant a hardship exemption on th~s proJect. Second by Mayor Yannatta Goldway. The mot~on was approved by the following vote: Council Vote: Unan~mously approved 5-0 . Absent: Councilmembers Reed and Zane Mayor Yannatta Goldway moved to deny the claim for vested right. Second by Counc~lmember Conn. The mot~on was approved by the follow~ng vote: Counc~l Vote: Affirmative: Councilmembers Conn, Edwards, Press and Mayor Yannatta Goldway Negative: Councilmember Jennings Absent: Councilmembers Reed and Zane 13-B: USE OF COUNCIL CHAMBERS BY GRAY PANTHERS ORG&~IZATION: There being no objection, the matter was continued to September 1, 1981, to review the status of council's request for a staff report on the matter. Il-D: CLOSED SESSION: Presented for consideration was a request for Closed Session for the purposes of discuss~ng pending litigation and personnel matters. AT 11:42 P.M. Councilmember Conn moved to adJourn to Closed Session for the stated purposes. Second by Councilmember Press. The mot~on was approved by unanimous vote. At 12:34 A.M. council reconvened with the following members present: Councilmembers Conn, Edwards, Jennings, Press and Mayor Yannatta Goldway. Mayor Yannatta Goldway stated that no act~on had been taken during the Closed Session. . ADJOURNMENT: At 12:35 A.M. Mayor Vannatta Goldway moved to adJourn to 7 30 P.M. Tuesday, September 1, 1981 and to continue to that meet ng items not considered this evening. Second by Counc~1member Jenn ngs. The motion was approved by the fo11owlng vote: 8 August 25, 1981 . . . . . 39 Council Vote: Unanimously approved 5-0 ATTEST: /,' \"');, //, U-?'-V'l ,. '5G-1~'u-...., I Ann M. Shore City Clerk Absent: Councilmembers Reed and Zane APPR~~D~I' . JiIIL ' edit' WL"WTU Ruth Ya h tta GOld'~ ::"7 Mayor V 9 August 25, 1981 . . . .