m-051281CITY OF SANTA MONICA
CITY COUNCIL PROCEEDINGS
MAY 12, 1981
A meeting of the SantaMonica City Council was called to order at 7:02
P.M. Tuesday, May 12, 1981.
Roll Call: Present: Mayor Ruth Yannatta Goldway
Mayor Pro Tempore Ken Edwards
Councilmember James P. Conn
Councilmember William H. Jennings
Councilmember Dolores M. Press
(arrived at 7:10 P.M.)
Councilmember Christine E. Reed
(arrived at 7:35 P.M.)
Councilmember Dennis Zane
City Manager Charles K. McClain
Acting City Attorney Robert M. Myers
City Clerk Ann M. Shore
CLOSED SESSION: Mayor Yannatta Goldway announced the purpose of the
Special Call Meeting to hold a Closed Session to discuss pending
litigation and personnel matters. At 7:04 P.M., Councilmember Conn
moved to recess to Closed Session for the stated purposes. Second by
Councilmember Zane. The motion was approved by unanimous vote
(Councilmembers Press and Reed absent). The Council reconvened at 7:35
P.M. with the following members present: Councilmembers Edwards, Conn,
Jennings, Reed (having arrived following the Closed Session), Press
(having arrived during Closed Session), Zane, and Mayor Yannatta
Goldway. Councilmember Press moved, in regard to action taken in
Closed Session, to approve the completion of the employee probation
period for City Clerk Ann M. Shore granting permanent employee status
and an annual step increase. Second by Mayor Yannatta Goldway. The
motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Jennings, Press, Zane and
Mayor Yannatta Goldway
Abstain: Councilmember Reed
Councilmember Press moved to authorize final payment in the amount of
$6,000 to Richard Knickerbocker for outside counsel services. 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
1 May 12 1981
t
Councilmember Reed stated for the record that the reason she abstained
from both motions is because she considers the special meeting to be
illegal due to lack of appropriate notice being given to her.
At 7:36 P.M., Councilmember Conn moved to adjourn the special call
meeting and adjourn to 8:10 P.M. later that evening to hold the
regularly scheduled Council meeting. Second by Mayor Yannatta Goldway.
The motion was approved by unanimous vote.
Mayor Yannatta Goldway led the assemblage in the pledge of allegiance
to the United States of America and introduced Reverend,Clarence Davis,
Calvary Baptist Church, who offered the invocation. The Council met as
the Housing Authority at 7:37 P.M. and adjourned the Authority meeting
at 8:20 P.M. The Council met as the Redevelopment Agency at 8:20 P.M.
and adjourned the Agency meeting at 8:31 P.M. The Council met in
regular session at 8:31 P.M. with the following members present:
Councilmember Conn, Edwards, Jennings, Press, Reed, Zane and Mayor
Yannatta Goldway. Mayor Pro Tempore Edwards moved to add Items 6 -Z and
13 -C to the agenda. Second by Councilmember Conn. The motion was
approved by unanimous vote.
5 -A: COMMISSION ON OLDER AMERICANS: Presented was an appointment to
the Commission on Older Americans, continued from May 5, 1981, for
reconsideration in view of Tima Tomash's decision not to accept the
appointment made April 28, 1981, (later reconsidered by Ms. Tomash).
Mayor Yannatta Goldway opened nominations. Councilmember Edwards
nominated Morris Rosen. Councilmember Reed nominated Florence Cardine
Councilmember Zane nominated Margo Leburg and Mayor Yannatta Goldway
nominated Tima Tomash. The vote on the nominations was as follows:
Morris Rosen: Councilmembers Edwards and Press
Florence Cardine: Councilmembers Jennings and Reed
Margo Leburg: Councilmembers Conn and Zane
Tima Tomash: Mayor Yannatta Goldway
There being insufficient votes to make the appointment, the
vote was again called:
Morris Rosen: Councilmembers Edwards, Jennings, Press and
Mayor Yannatta Goldway
Florence Cardine: Councilmember Reed
Margo Leburg: Councilmember Zane
Morris Rosen was appointed to the Commission on Older Americans for an
unexpired term ending June 30, 1983.
5 -B: APPEALS OF LANDMARKS DESIGNATION: Presented was the appeal of
Frank S. DaVanzo, attorney for the estate of Lillian McCambridge, from
the Landmarks Commission's designation of a single - family residential
2 May 12 1981
structure at 2424 Fourth Street as a City Landmark (Case No. LC -01 -024)
continued from April 28, 1981. The proofs of publication and mailing
were filed by order of Mayor Yannatta Goldway. The public hearing was
resumed, having been opened on April 28, 1981. David Cameron, member
of the Landmarks Commission, spoke in support of the appointment of
this structure as a City Landmark. Discussion was held. It was noted
that the appellant was not present. Councilmember Reed entered into
the record that a written notice had been received from Blanche
Gieseke, 2513 Third Street as well as a file from the appellant
objecting to the landmarks designation. There being no one else
present wishing to speak on the subject, Councilmember Conn moved to
close the public hearing at 8:40 P.M. Second by Mayor Yannatta
Goldway. The motion was approved by unanimous vote. Councilmember
Conn moved to designate as a City Landmark a single - family residence at
2424 Fourth Street affirming the recommendation of the Landmarks
Commission and denying the appeal including findings presented in the
report of the City Attorney dated May 12, 1981. Second by
Councilmember Press. The motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Reed, Zane and Mayor
Yannatta Goldway
Negative: Councilmember Jennings
6. CONSENT CALENDAR: The Consent Calendar was presented for
consideration. Councilmember Conn moved to approve the Consent Calendar
with the exception of Items 6 -A, 6 -J, 6 -K, 6 -L, 6 -M, 6 -N, 6 -Q and 6 -T,
adopting resolutions and ordinances therein, reading by title only and
waiving further reading thereof. Second by Councilmember Zane. The
motion was approved by the following vote:
Council Vote: Unanimously approved 7 -0
6 -A: Continued to May 19, 1981.
6 -B: REVOLVING CASH FUNDS: A request for reimbursement of the
following Department Revolving Cash Funds: Administrative Services
$257.28; Recreation & Parks $191.34 and Police $121.10, was approved.
6 -C: GUTTER DISTRICTS: Resolution No. 6252(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A
DATE TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF
ASSESSMENTS IN GUTTER ASSESSMENT DISTRICT NO. 4 ON MAIN STREET BETWEEN
PICO BOULEVARD AND HOLLISTER AVENUE AND GUTTER ASSESSMENT DISTRICT NO.
5 ON BROADWAY BETWEEN LINCOLN BOULEVARD AND ELEVENTH STREET ", was
adopted, setting a hearing date for June 9, 1981.
6 -D: SIDEWALK DRIVEWAY AND CURB REPAIR: Resolution No. 6253(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 -16) ", was adopted, setting a hearing
date for June 9, 1981.
3 May 12 1981
6 -E: PAINTING CITY -OWNED BUILDING AT 1616 OCEAN AVENUE: Resolution No.
6254(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING
DIRECT NEGOTIATION FOR PURCHASE OF PAINTING A CITY OWNED APARTMENT
BUILDING ", was adopted.
6 -F: BUS REPAIR: Resolution No. 6255(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID
PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF BUS
MAINTENANCE & REPAIR SERVICES AT THE TRANSPORTATION DEPARTMENT ", was
adopted.
6 -G: ELDERLY NUTRITION PROGRAM: Resolution No. 6256(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE FILING OF A REAPPLICATION WITH THE LOS ANGELES COUNTY
AREA AGENCY ON AGING FOR A NUTRITION PROGRAM FOR THE ELDERLY UNDER
TITLE III OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED ", was adopted.
6 -H: CITY BUS WINDOWS: Resolution No. 6257(CCS) entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING
FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR
PURCHASE OF MODIFICATIONS OF BUSES ", was adopted.
6 -I: UTILITY REFUND: Resolution No. 6258 (CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING UTILITY TAX
REFUNDS ", was adopted.
6 -J, 6 -K, 6 -L, 6 -M: Considered later in the meeting.
6 -N: Continued to May 19, 1981.
6 -0: REFUSE TRANSFER STATION CONSTRUCTION: Request for approval of
Change Order to Contract No. 3631(CCS) for additional slab construction
at the refuse transfer station in approximate amount of $7,400, was
approved.
6 -P: FIRE STATION NO. 5 CONSTRUCTION: Request for approval of Change
Order No. 1 to Construction Contract No. 3620(CCS) for Fire Station No.
5 in the amount of $51,811.
6 -Q: Continued to May 19, 1981.
6 -R: WATER TRANSMISSION SUPPLIES: Bid No. 1607 was awarded to General
Pump and McCalla Brothers for water transmission supplies for City
Water Department in the amount of $31,944.16.
6 -S: BEACH BICYCLE'RACKS: Contract No. 3642(CCS) Bid No. 1614 was
awarded to Public Service Communications for bicycle racks at various
locations on Santa Monica Beach.
6 -T: Considered later in the meeting.
6 -U: CALIFORNIA SOLAR UTILITY DEVELOPMENT AUTHORITY: Contract No.
3643 CCS was approved entering into a Joint Powers agreement for a
4 May 12 1981
California Solar Utility Development Authority and Alternate Delegate
Stan Scholl, Director of General Services, was appointed.
6 -V: ELECTRICAL LOAD EQUIPMENT: Contract No. 3644(CCS) was awarded to
Southern California Edison Company to install load peak and electicity-
reduction equipment on City -owned buildings.
6 -W: STREET REPAIR: Council ratified expenditure of emergency street
repair at Cloverfield Boulevard and Michigan Avenue to Sully Miller
contractor, in the amount of $6,719.44.
6 -X: JAIL FIRE ALARM SYSTEM: Resolution No. 6260(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING
AND DETERMINING THAT THE INSTALLATION OF THE FIRE ALARM SYSTEM IN THE
POLICE JAIL MAY BE PURCHASAED MORE FAVORABLY IN THE OPEN MARKET ", was
adopted.
6 -Y: BIKE LANES, PARKING LANES AND CROSSWALKS: Request to install
bike lanes, parking lanes and additional crosswalks on Montana Avenue
between 20th and 26th Streets and appropriation of $3,500 from General
Fund Capital Reserves, was approved.
6 -Z: PETROLEUM PRODUCTS: Resolution No. 6261(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING
FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR
PURCHASE OF PETROLEUM PRODUCTS ", was adopted.
Councilmember Conn moved to hear Items 7 -A through 7 -H at this time.
Second by Councilmember Reed. The motion was approved by unanimous
vote.
7 -A: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 116 PACIFIC
STREET: Presented was the claim of Rebecca L. Binder and Gerald R.
Fischer for a Vested Right /Hardship Exemption from the Building
Moratorium (Ordinance No. 1207) to construct for townhouse condominiums
at 116 Pacific Street (Claim No. 001). The staff report was
presented. Discussion was held. The following persons were sworn in
by the City Clerk and gave testimony: Ricky Binder and Gerry Fischer
spoke to request granting of their claim and rsponded to questions.
Discussion was held. There being no one else wishing to speak, the
hearing was closed by Mayor Yannatta Goldway. Councilmember Reed moved
that the Council determine that the application of the moratorium to
the claimant's project would result in an unfair hardship to the
claimant and to grant an exemption, the record to indicate that both
the claimant's testimony and written record were taken into account.
Second by Councilmember Jennings. Discussion was held. Councilmember
Zane moved a substitute motion to affirm the staff report and deny the
claim for vested rights. Second by Mayor Yannatta Goldway. The motion
was approved by the following vote:
May 12 1981
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative: Councilmembers Jennings and Reed
Councilmember Jennings requested the record to reflect that his vote on
this and all other applications for exemptions are not meant to
indicate he believes there is a legally enacted moratorium in existence
in respect to this or to any other such project. Councilmember Reed
requested the record to reflect that she endorses and agrees with the
reasons stated by Mr. Jennings.
Councilmember Zane moved to grant a hardship exemption to the claimants
in this case indicating that both the verbal testimony and written
record were taken into account. Second by Councilmember Press.
Councilmember Press moved an amendment to require as a condition of
exemption owner- occupancy for a minimum of five years. Second by Mayor
Yannatta Goldway. Discussion was held. The amendment failed by the
following vote:
Council Vote: Affirmative: Councilmembers Edwards, Press
and Mayor Yannatta Goldway
Negative: Councilmembers Conn, Jennings,
Reed and Zane
The motion to grant the hardship exemption was approved by the
following vote
Council Vote: Affirmative: Councilmembers Edwards, Jennings,
Press, Reed and Zane
Negative: Councilmembers Conn and Mayor
Yannatta Goldway
7 -B: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 2110 -2112 MAIN
STREET: Presented was the claim of Peter Gibson for a Vested
Right Hardship Exemption from the Building Moratorium (Ordinance No.
1207) to construct an office building at 2110 -2112 Main Street (Claim
No. 002). The staff report was presented. Peter Gibson was sworn in
by the City Clerk and spoke to request granting the claim for vested
rights and responded to questions. Discussion was held. There being
no one else wishing to speak Mayor Yannatta Goldway closed the hearing.
Councilmember Conn moved to deny the claim for vested rights. Second
by Mayor Yannatta Goldway. With the consent of the second,
Councilmember Conn included in the motion Councilmember Zane's
suggestion that reference be made to staff's findings in this case that
the claimant had not secured final governmental approval prior to April
22, therefore good faith liabilities have not been incurred; and that
is the basis for denial. The motion was approved by the following
vote:
6 May 12 1981
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative: Councilmembers Jennings and Reed
Councilmember Reed requested the record state her no vote is for the
same reason indicated on Item 7 -A (that no legally enacted moratorium
is in existence).
Councilmember Conn moved to find no unfair hardship to the claimants in
this case and denial of the claim. Second by Mayor Yannatta Goldway.
Councilmember Reed requested the record to include verbatim her reason
for opposing the motion: we would be doing a great injustice if we
find no unfair hardship to this claimant. I believe the material he
has submitted in fact shows that a person of modest means can, through
hard work, attempt to do something to better themselves and better the
community. He has taken on debts in reliance of previous approvals of
his plans, and he had in fact been delayed in good faith by a previous
moratorium of the City. I personally believe it would be extremely
unfair to find no hardship. This applicant has already submitted to
one moratorium imposed by the City. To burden him with another would
probably push him over the edge financially. I hope that
Councilmembers would turn down this motion and support a motion which
finds hardship and grants him an exemption from the moratorium.
Discussion was held. The motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Press,
Zane and Mayor Yannatta Goldway
Negative: Councilmembers Edwards, Jennings
and Reed
7 -C: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 1020 COLORADO
AVENUE: Presented at this time was the claim of the Richlar
Partnership for Vested Right /Harship Exemption from the Building
Moratorium (Ordinance No. 1207) to construct an office building at 1020
Colorado Avenue (Claim No. 003). The staff report was presented.
Discussion was held. The following persons were sworn in by the City
Clerk and gave testimony: Jules Kabat, attorney representing the
applicants, and Richard Boberg, representing Pacific Sierra Research
Corporation, a potential lessee, requested Council to grant the
exception and responded to questions. Discussion was held. There
being no one else present wishing to speak to the matter, the hearing
was closed by Mayor Yannatta Goldway. Councilmember Conn moved, based
on oral and written testimony received, to deny the claim for vested
rights. Second by Councilmember Press. Discussion was held. 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 May 12 1981
Councilmember Reed
against the motion
Claim No. 001 (Itei
following vote:
Council Vote:
requested the record to indicated she is voting
for the same reasons as stated in discussion of
n 7 -A). The motion to deny was approved by the
Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative: Councilmembers Jennings and Reed
Councilmember Conn moved, based on the oral and written testimony, to
find no grounds for an exemption on the basis of unfair hardship.
Second by Mayor Pro Tempore Edwards. Councilmember Reed requested the
record to reflect that it is her belief that a validly required
building permit represents a right to proceed and that withdrawal of
same is indeed a hardship. 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 -D: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 1117 -18TH STREET:
Presented was the claim of S H & G Property Developers, Inc. for a
Vested Right /Hardship Exemption from the Building Moratorim (Ordinance
No. 1207) to construct six condominiums at 1117 -18th Street (Claim No.
005). The staff report was presented. Chester A. Barchiesi,
representing the applicant, was sworn in by the City Clerk, spoke to
request granting the claim and responded to questions from
Councilmembers. Discussion was held. There being no one else wishing
to speak, Mayor Yannatta Goldway closed the hearing. Councilmember
Conn moved to find no vested rights hardship and to deny the claim.
Second by Councilmember Zane. Discussion was held. 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
Councilmember Reed requested the record to indicate she voted no for
reasons stated in the discussion regarding Claim No. 001 (Item 7 -A).
Councilmember Conn moved to find no unfair hardship in this case and to
deny the exemption. Second by Councilmember Zane. Following
discussion the motion was approved by the following vote:
8 May 12 1981
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative: Councilmembers Reed and Jennings
At 10:50 P.M. Councilmember Conn moved to continue discussions past
11:00 o'clock and to hold a brief recess. Second by Councilmember
Press. The motion was approved by a vote of six in favor,
Councilmember reed .opposed. Council convened at 11:00 P.M. with all
members present.
7 -E: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 1448 AND 1450
TENTH STREET: Presented was the claim of Tenth Street Medical
Building, Ltd., for a Vested Right /Hardship Exemption from the Building
Moratorium (Ordinance No. 1207) to construct a Medical Office Building
at 1448 and 1450 Tenth Street (Claim No. 006). The staff report was
presented. After conferring with the City Attorney Councilmember Press
stated she would not participate in the discussion, or voting because of
a conflict of interest. The following persons were sworn in by the
City Clerk and gave testimony: Robert Weinstein and Stan Warner
requested granting of the hardship and responded to questions by the
Council. Dr. Amy Rosenman, read a letter from Susan Stangle, in
support of the exemption. Discussion was held. There being no one
else wishing to speak, Mayor Yannatta Goldway closed the hearing.
Councilmember Conn moved that the Council find, from the oral and
written testimony, that there is no claim for vested rights in this
case. Second by Councilmember Zane. The motion was approved by the
following vote:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Zane and Mayor Yannatta Goldway
Negative: Councilmembers Jennings and Reed
Abstain: Councilmember Press
Councilmember Conn moved to approve an exemption for this project on
the basis of unfair hardship and on the basis that if the medical
claimants are forced to seek office space outside the City, citizens
would be denied their medical and social services; further that the
building will fit that community and would probably be permitted as
planned. Second by Mayor Pro Tempore Edwards. With the consent of the
second, Councilmember Conn included in the motion the request of Mayor
Yannatta Goldway to amend the motion to condition this finding of
exemption with a restriction on the property that it be owned and
occupied by the current developers and used as a medical facility for
the next ten years, and the direction of the City Attorney that the
applicant submit for Council approval appropriate legal documentation
to insure performance of the condition of the ten year period. The
motion as amended was approved by the following vote:
9 May 12 1981
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Jennings, Reed, Zane and Mayor
Yannatta Goldway
Abstain: Councilmember Press
7 -F: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 519 PACIFIC
STREET: Presented was the claim of Vickie Lois Neemeyer for a Vested
Right Hardship Exemption from the Building Moratorium (Ordinance No.
1207) to construct a two -unit townhome at 519 Pacific Street (Claim No.
007). The staff report was presented. Vickie Neemeyer was sworn in by
the City Clerk, requested granting of the exemption and responded to
questions. Discussion was held. There being no one else wishing to
speak, Mayor Yannatta Goldway closed the hearing. Councilmembr Conn
moved, on the basis of written and oral testimony, to deny the claim
for vested rights. 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
Councilmember Zane moved to grant the hardship exemption requested by
the claimant on the basis of unfair hardship. Second by Councilmember
Reed. Discussion was held. The motion was approved by the following
vote:
Council Vote: Unanimously approved 7 -0
(Councilmember Jennings was excused at 11:37 P.M.)
7 -G AND 7 -H: VESTED RIGHT HARDSHIP EXEMPTION CLAIMS REGARDING 2207
SIXTH STREET AND 1941 EUCLID STREET: Presented were claims of Michael
Folonis et al for a Vested Right Hardship Exemption to construct a
four-unit townhouse condominium at 2207 Sixth Street (Claim No. 010)
and to construct a six -unit townhouse condominium at 1941 Euclid Street
(Claim No. 011). The staff report was presented. The following
persons were sworn in by the City Clerk: David Cooper and Michael
Folonis, applicants, requested granting the exemption and responded to
questions. There being no one else wishing to speak, Mayor Yannatta
Goldway closed the hearing. Discussion was held. Councilmember Conn
moved that on the basis of written and oral testimony the claim for
vested rights in Claim No. 010 be denied. 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
10 May 12 1981
Councilmember Conn moved that on the basis of oral and written
testimony the request for hardship exemption in Claim No. 010 be
denied. Second by Mayor Yannatta Goldway. Discussion was held.
Councilmember Zane moved a substitute motion to continue the matter and
delegate it to a hearing examiner for further examination so as to
provide the Council with a clear understanding of the potential
liabilities and hardships incurred by the applicants. Second by
Councilmember Reed. Following discussion, the motion was approved by
the following vote:
Council Vote: Unanimously approved 6 -0
Absent: Councilmember Jennings
Councilmember Zane moved to continue Claim No. 011 and that it be
referred to a hearing examiner. Second by Councilmember Press. The
motion was approved by the following vote:
Council Vote: Unanimously approved 6 -0
Absent: Councilmember Jennings
6 -J: MOVING BEACH SAND: Presented for consideration was a staff
report and resolution waiving the formal bid procedure, and a request
for appropriation of $15,000 and authorization to negotiate a contract
for services to move sand from the edge of beach parking lots back
toward the ocean. Councilmember Reed moved to approve the staff
recommendation, adopting the resolution waiving the formal bid
procedure and authorizing direct negotiation for sand moving services
on Santa Monica Beach and an appropriation of $15,000. Second by
Councilmember Zane. Discussion was held. Mayor Yannatta Goldway moved
a substitute motion to adopt Resolution No. 6259(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING
FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR SAND MOVING
SERVICES ON THE SANTA MONICA BEACH ", reading by title only and waiving
further reading thereof, and to request additional information from
staff in regard to the matter of the amount of appropriation. Second
by Councilmember Zane. The motion was approved by the following vote:
Council Vote: Unanimously approved 6 -0
Absent: Councilmember Jennings
6 -K: FINAL TRACT MAP NO. 35408: Presented was a staff report
recommending denial of Final Tract Map No. 35408 submitted by Virginia
Moore for a 4 -unit condominium conversion at 2224 Oak Street. Mayor
Pro Tempore Edwards moved to deny Final Tract Map No. 35408. Second by
Councilmember Conn. It was noted that Ms. Moore was not present and
had left a message with the City Clerk requesting continuance until May
19, 1981. The City Attorney advised that the matter be considered to
fulfill subdivision Map Act requirements. Mayor Yannatta Goldway
requested that the record indicate her earlier announcement that the
Council would hear that evening all items with a deadline. The motion
to deny was uapproved by the following vote:
11 May 12 1981
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative: Councilmember Reed
Absent: Councilmember Jennings
6 -L AND 6 -M: 1981 -82 BUDGET STUDY SESSIONS AND PUBLIC HEARING DATES:
Presented were staff reports recommending dates for study sessions and
public hearings on the 1981 -82 City budget and Federal Revenue Sharing
Funds. Discussion was held. Mayor Yannatta Goldway moved to hold
budsget study sessions on Monday, May 18, 1981, from 2 P.M. to 10 P.M.;
Tuesday, May 19, after the continued Council meeting; Wednesday, May
20, 4 P.M. to 10 P.M.; Thursday, May 21, 7 P.M. to 10 P.M.; and to hold
public hearings on May 26, 1981, at 7:30 P.M.; Saturday, May 30, from 9
A.M. to 12 Noon; and Tuesday, June 9, 1981, at 7:30 P.M.: that all
meetings be held in the Council Chamber in City Hall; and that staff be
directed to do extended advertising of the budget meeting schedule
including notices in the local newspapers, libraries and other
facilities. (Councilmember Reed was excused at 12:57 A.M.) The motion
was seconded by Councilmember Conn and approved by the following vote:
Council Vote: Unanimously 5 -0
Absent: Councilmembers Jennings and Reed
6 -T: CITY ATTORNEY STAFF: Presented for consideration was a staff
report and recommendation for approval of additional staff in the City
Attorney's Department. Councilmember Conn moved to approve the
recommendation authorizing the addition of an Assistant City Attorney,
two Deputy City Attorneys and an Intermediate Clerk in the City
Attorney's Department. Second by Mayor Yannatta Goldway. The motion
was approved by the following vote:
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
Councilmember Conn moved to consider Item 9 -B at this time. The motion
was duly seconded and carried by unanimous vote.
9 -B: HONORING MUSICAL DIRECTOR VICTOR BAY: Presented for
consideration was a resolution honoring Victor Bay, Musical Director
and Conductor of the Santa Monica Symphony, at the time of his
retirement. Mayor Pro Tempore Edwards moved to adopt Resolution No.
6262(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA COMMENDING VICTOR BAY UPON HIS RETIREMENT AS MUSICAL
DIRECTOR AND CONDUCTOR OF THE SANTA MONICA SYMPHONY ORCHESTRA ", reading
by title only and waiving further reading thereof. Second by
Councilmember Press. The motion was approved by the following vote:
12 May 12 1981
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
Councilmember Conn moved to hear Item 9 -E at this time. Second by
Mayor Yannatta Goldway. The motion was approved by unanimous vote.
9 -E: LEGAL SERVICES AGENCY: Presented for consideration was a
resolution supporting the funding of Federal Legal Services Agency.
Councilmember Conn moved to adopt Resolution No. 6264(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN
SUPPORT OF LEGAL SERVICES CORPORATION ", reading by title only and
waiving further reading thereof. Second by Councilmember Zane. The
motion was approved by the following vote:
Council. Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
Mayor Yannatta Goldway moved to hear Item 9 -C at this time. Second by
Councilmember Press. The motion was approved by unanimous vote.
9 -C: CHILDREN OF ATLANTA: Presented for consideration was a
resolution in support of the Children of Atlanta. Member of the public
Jerry Rubin spoke in support of the resolution. Councilmember Conti
moved to adopt Resolution No. 6263(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF THE PEOPLE OF
ATLANTA, GEORGIA ", reading by title only and waiving further reading
thereof. Second by Councilmember Zane. The motion was approved by the
following vote:
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
9 -F: LOCAL COASTAL PROGRAM: Presented for consideration was a
resolution rescinding the Housing Element of the Land Use Plan of the
Santa Monica Coastal Program and stating current policies relating to
housing and commercial development within the coastal zone. Mayor
Yannatta Goldway moved to adopt Resolution No. 6265(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RESCINDING
THE HOUSING ELEMENT OF THE LAND USE PLAN OF THE SANTA MONICA COASTAL
PROGRAM, AND STATING CURRENT POLICIES RELATING TO HOUSING AND
COMMERCIAL DEVELOPMENT WITHIN THE COASTAL ZONE ", reading by title only
and waiving further reading thereof, amended to include an additional
statement in Section 4 relating to the City's land use and housing
policy that no condominium conversion will be approved in the
California Coastal zone. Second by Councilmember Conn. The motion was
approved by the following vote:
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
13 May 12 1981
10 -B: MULTI - PURPOSE FACILITY AT JOSLYN PARK: Presented for
consideration was a report of the Recreation and Parks Commission
regarding endorsement of the concept of construction of a multi - purpose
facility at Joslyn Park using $165,000 in CDBG (Community Development
Block Grant) Funds. Frank Juarez, representing FE (Fraternal
Endeavors), presented their request for such a facility. Councilmember
Conn moved to find that the original FE proposal is not feasible and
elect to reprogram the $165,000 in CDBG funds, following the required
public hearing and citizen participation procedures and subject to HUD
approval. Second by Councilmember Press. Discussion was held.
Councilmember Conn moved a substitute motion to take no action at this
time and request staff to report on May 19th in regard to specifics of
reprogramming the money. Second by Councilmember Zane. The motion was
approved by the following vote:
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
Councilmember Press moved to hear Item 12 -A at this time. The motion
was duly seconded and approved by unanimous vote:
12 -A: FINAL TRACT MAP NO. 38612: Presented was the request of Steve
Henry to address the Council regarding Final Tract Map No. 38612
located at 1247 Tenth Street. Steve Henry spoke to request approval of
the Final Tract Map. Discussion was held. No action was taken and Mr.
Henry was referred to the City Attorney for further interpretation of
the State Map Act. Councilmember Conn moved to hear Item 13 -A at this
time. Second by Mayor Yannatta Goldway. The motion was approved by
unanimous vote.
13 -A: APPOINTMENT TO THE PLANNING COMMISSION: Presented for
consideration was an appointment to the Planning Commission.
Nominations were opened by Mayor Yannatta Goldway. Councilmember Conn
nominated Derek Shearer. Councilmember Zane nominated Tisa McKee.
There being no other nominations, nominations were closed. The vote on
the nominations was as follows for Derek Shearer for Planning
Commission:
Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press and Zane
Abstain: Mayor Yannatta Goldway
Absent: Councilmembers Jennings and Reed
Derek Shearer was appointed to the Planning Commission for an unexpired
term ending June 30, 1984.
13 -C: CONDOMINIUM CONVERSION AT 1221 OCEAN AVENUE (CHAMPAGNE TOWERS):
Presented was the request of Mayor Yannatta Goldway for discussion of a
position opposing the condominium conversion of Champagne Towers, 121
Ocean Avenue, and communication to the Regional Coastal Commission.
Sherman Stacey, attorney for Wilshire West Company owners of the
14 May 12 1981
apartment building known as the Champagne Towers, spoke in objection to
the proceeding and requested the matter be continued to give the owner
opportunity to be heard. Discussion was held. Mayor Yannatta Goldway
moved to request the Council to take a formal position opposing the
condominium conversion of Champagne Towers and directing the City
Attorney to prepare the appropriate letters to communicate that
position to the Regional Coastal Commission. Second by Councilmember
Conn. The motion was approved by the following vote:
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
ll -C: CLOSED SESSION: At 1:58 A.M., Councilmember Conn moved to
recess to Closed Session to discuss pending litigation and personnel
matters. Second by Mayor Yannatta Goldway. The motion was approved by
the following vote:
Council Vote: Unanimously approved 5 -0
Absent: Jennings and Reed
The Council reconvened at 2:08 A.M., with the following Councilmembers
present: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta
Goldway. Mayor Yannatta Goldway moved to authorize a progress payment
to Karl C. Kryter, noise expert hired for Airport litigation. Second by
Councilmember Conn. The motion was approved by the following vote:
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
Mayor Yannatta Goldway moved to waive the salary resolution in regard
to Deputy City Attorney Ed Germain and approve a salary of $2,500 per
month retroactive to the date of hiring. Second by Councilmember Conn.
The motion was approved by the following vote:
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
ADJOURNMENT: At 2:10 A.M. Mayor Yannatta Goldway moved to adjourn to
7:30 P.M., Tuesday, May 19, 1981, for continuation of items not
completed this evening; and, on behalf of Councilmember Conn, that
adjournment be in honor and memory of the Children of Atlanta, Bobby
Sands, IRA hunger striker from Ireland, and Bob Marley, Jamaican reggae
musician. Second by Councilmember Conn. The motion was approved by
the following vote:
Council Vote: Unanimously approved 5 -0
Absent: Councilmembers Jennings and Reed
ATTEST: APPROVED:
Ann Shore Ruth Yannatta Goldway
City Clerk 15 Mayor May 12 1981