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M-3/25/1980 CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS March 25, 1980 A regular meeting of the Santa Monica City Councll was called to order at 7:37 P.~. by Mayor Bambrick who led the assemblage in the pledge of alleglance to the United States of America. Mayor Bambrick then lntro- duced Reverend Steve Hutchlson, Trinity Baptist Church, who offered the invocation. Roll Call: Present: Mayor John J. Bambrlck Mayor Pro Tempore Yannatta Goldway Councllmember Willlam H. Jennings Councilmember Chrlstine Reed Councilmember Cheryl Rhoden Councilmember Perry Soctt Councllmember Pieter van den Steenhoven Clty Manager Charles K. McClain Clty Attorney Richard Knlckerbocker Acting City Clerk Clarice E. Johnsen Agenda Item 4-A' Mayor Bambrick presented plaques of appreciation to Elizabeth Everall/Keuman for servlng on the Housing Commission and Sheila Banani for serving on the Recreatlon & Parks Commission. Plaques of appreciation were also presented to Syd K. Rose and Josephine Whaley, who served on the Houslng Commission but were unable to attend the meeting. Councllmember Goldway moved to adjourn to an executive session to confer with the Clty Attorney regarding the City's legal position on ltems on the agenda. Second by Councilmember Jennings. Council Vote: Affirmatlve: Councilmembers Yannatta Goldway, Jennings, Rhoden, Scott, van den Steenhoven and Mayor Bambrick Negative: Councilmember Reed The Councll reconvened at 8:05 P.M. with all members of the Council present. Mayor Bambrick announced that no action was taken. Agenda Item 5-A: By consent of the Council the appeal of Councilmember William Jennings from the action of the Planning Commission granting an extension of time on Tentative Tract Map No. 36425 for an 11 unit condominium conversion at 1111 Euclid Street bv :-J. and >1. Van Hessenstein. (Continued from March 11, 1980, was continued to later In the meetlng when Agenda Item 6-C will be discussed). Agenda Item 5-B: Presented for consideration at this tlme was an appeal of 'hlliam Jennings from the actlon of the Planning Commlssion in grantin:g an extension of time on Tentative Tract Map ~o. 36455 for a 20 unit ! condominlum conversion at 2322 Fifth Street by J. Masson. (Continued fro~ March 11, 1980). Councilmember Reed moved to deny the appeal. Second I by Councllmember Scott. Council Vote: Affinnati ve: Councllrnembers Reed, Scott, van den Steenhoven and :.Iavor Bambrlck KegatlVe. Counc~lmembers Yannatta Goldway,Jennings and Rhoden Agenda Item 5-C: The appeal of Wllllam Jennings from the action of the Plannlng Commission granting an extenslon of time on Tentatlve Tract Map No. 36421 for a 6 unit condominium converSlon at 918 Seventeenth Street by J. Korkabls. (Continued from March 11, 1980, was continued to Apnl 8, 1980). Agenda Item 5-D: Presented for consideration at thls time was a recommendation of the Recreation and Parks Commisslon for provisions of public buildlng space for use In the Retired Senior Volunteer program. 1 305 f.btlOn app executlve dlSCUSSlQTI position 0 on agenda. Tentatlve :-Jo. 36425 to later 1 ,,,hen Agenc:1 6-C is dis >lotlOU apf deny appe:l Tract Map Tract Map continued 8, 1980 me ivlotlOn apf provislons public bl, for Retir.:: Vollmteer pproved to e Snider vacation pproved y Cmmdl :;itlOn of d.1SCTl 1h the Boys' Clm/ pproved to e for a orney. pproved to fmds to re: Gllpin- a1,<lSUl t. (Continued from ~arch 11, 1980). A staff report was presented. Mayor Pro Tempore Yannatta Goldway moved to approve the staff recommendatlon to provide public buildlng space at Lincoln Park to sell fresh produce to senior citiznes as a part of the Food Advisory Service. Second by Council member Rhoden. Councll Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Rhoden, Scott and Mayor Bambrick ~egatlve: Councilmembers Reed and van den Steenhoven Agenda Item 5-E" Presented for conslderation at this time was the request of the City Manager and Clty Attorney for an executlve session for the purpose of discussing pending litigation and-instructlon Clty representa- tives concernlng salaries, salary schedules or compensation paid in the form of fringe benefits (Continued from March 11, 1980). Mayor Bambrick announced that an executive session would be held at 7:00 P.M. on Wednesday, March 26, 1980 for the purpose of discussing salaries. Action taken on pending lltigation from the executive session held later ln the meeting was as follows: Councilmember Reed moved to authorize the City Manager to exchange flve compensatory days for five vacation days and pay Joyce Snlder for these vacation days at a cost of approximately $656.00. Second by Councllmember Rhoden. Council Vote: Affirmatlve: Councilmembers Yannatta Goldway, Jennings, Rhoden, Reed, van den Steenhoven and Mayor Bambrick Negative: Councllmember Scott Councilmember Reed moved the Clty Council rescind its previous posltlon wlth regard to the Ashford/Boys'Club/School Board law suit and City Council adopt a posltion that all publle facilities that are on public land should be open and accessible to people without regard to sex or other types of discrimlnation and specifically instruct the Clty Attorney to go into court on the case and point out to the court the position the Clty has taken. Second by Councilmember Rhoden. Mayor Bambrick stated he '<lould abstain as he is the attorney for Boys' Club. Council Vote: Affirmatlve: Councllmembers Yannatta Goldway, Jennings, Reed, Rhoden Negative: Councilmembers Scott and van den Steenhoven Abstain' Mayor Bambrick Mayor Pro Tempore Yanna,tta Goldway moved to direct the City Manager to proceed to advertise for a Clty Attorney with a resume submission dead- line of June 1, 1980. Second by Councilmember Rhoden. Councll Vote: Affirmative: Councilmembers Yannatta Goldway, Jennlngs, Rhoden, Scott, van den Steenhoven and Mayor Bambrick ~egative: Councilmember Reed Agenda Item 5-F: Presented for consideration at this time was a request of Mollie Lowery, representlng Ocean Park Communlty Center's Battered Women's Shelter, SOJourn, to address the Council regardlng the allocatlon of funds. (Continued from March 11, 1980). Mollie Lowery addressed the Councll. Councllmember Reed moved to dlrect the City Attorney to prepare the necessary amendment to the settlement of the Gllpln~Vltale lawsuit so as to effect an advance payment of $40,000 to Sojourn House; and to require sign off by the former litigants prior to sign of by the City and prior to appropriatlon of the funds. Second by Councilmember van den Steenhoven. 2 Council Vote: Affirmative: Councllmembers Yannatta Goldway, JennIngs, Reed, Rhoden, van den Steenhoven and ~ayor Bambrick NegatIve: Councilmember Scott 'Agenda Item 5-G: Presented for consideratIon at this time was the request of Susan Gelender to address the Council regarding Tract Map ~o. 29016 for a development at 947 - 15th Street. (Continued from March 11, 1980). Allan Steinbreaker, the owner, addressed the Council. Discussion ensued. Councilmember Reed moved that staff be directed to examine the ,records and report back to the CounCIl. Councilmember JennIngs suggested Ian amendment to the motIon that the owner gIve notice to the tenants that the City CounCIl will be hearing this again at the next meeting. Councilmember Reed and Councilmember van den Steenhoven agreed to the amendment. Council Vote. Unanimously approved 7-0 Agenda Item 5-H: Presented for consideration at this tIme was the request of Don Sherwood to address the Council regarding Tract Map ~o. 36426 for 'a development at 834 Fourth Street. (Continued from March 11, 1980). A staff report was given. Councilmember van den Steenhoven moved that the tract be approved subject to the condItion that all laws legally applicable to final subdivision maps are to be complied WIth, and direct the City Manager and through him the BuildIng OffIcer to comply WIth 9122C and other sections of the condominium law, and issue a condominium permIt subject to the requirement tHat all provisions of the rent control law be complied with. Second by Councllmember Scott. Councilmember JennIngs moved to hear the public. Second by Mayor Pro Tempore Yannatta Goldway. CounCIl Vote: Unanimously approved 7-0 Nathamel Fisher addressed the Council. The main motIon failed by the following vote: Council Vote: Affirmative: Councilmembers Reed, Scott and van den Steenhoven l\egative: Councilmembers Yannatta Goldway, Jennings, Rhoden and Mayor Bambrick Councllmember Reed moved to Incorporate suggestions of the City Attorney to direct applicant to fill an appeal on the deciSIon of the Planning Commission to deny an extension of the Tentative Tract ~ap; and further that the appeal and request for Final Tract Map be scheduled for the next meeting April 8, 1980. Second by Councilmember Yannatta Goldway. CounCIl Vote: Affirmative: Councilmembers Yannatta Goldway, Jennings, Reed, Scott, van den Steenhoven and Mayor Bambrick ~egative: Councilmember Rhoden Agenda Item 5-1: Presented for consideration at this tIme was the request of WillIam A. Ross to address the Council regarding Tract ~ap ~o. 36448 for development of condominium conversion at 1021 Hill Street. Councllmember Scott moved approval of Final Tract Map subject to the condition that all laws legally applicable to final subdivision maps are to be complied WIth, and direct the City Manager and through hIm the BUIlding Officer to comply WIth 9l22C and other sections of the condominium law, and Issue a condominium permIt subject to the requIre- ment that all provision of the rent control law be complied WIth. Second by Councilmember Reed. Courrcll Vote: Affirmative: Councilmembers JennIngs, Reed. Scott, van den Steenhoven and Mayor Bambrick Negative: Councilmember Yannatta Goldway, Rhoden 3 307 t-bticn apl that star records d. owner gl v. to tenant Comcll w heanng ti at the ne: t>btion apl hear the I speak re:' :\0. 36426 MaIn moh' to appro\" Tract t-lap t>btion apl lncorporal tions of [ Attorney, tl ve trac [ t>btion apI approve Tract :.lap subject t< hons s ta cpproved to It nOlll1na- the one [.ember and .'ertise for iied person Agenda Item 5-J: Presented for consideration at this time was disc~sion of an appointment to flll an unexpired term ending June 30, 1980 on the Recreation and Parks Commission. (Continued from March 11, 1980). Councilmember Reed moved that the one Councilmember nomlnation not be accepted becaus~ ~he person is not a qualified elector in the City and , recommended staff readvertise for a qualified person to fill the Commission seat. Second by Councilmember Scott. . Council Vote: Unanlmously approved ~~~~l~~ Agenda Item 5-K: A request for approval of funds for a trip related to A. the City solar utillty proJect was discussed with Agenda Item 13-A. 'l.pproved to solution 7 -re: polley m LO travel. Calendar d with the on of Agen 5 stated. of a tudy approved. Agenda Item 5-L: Presented for consideratlon at this time was a resolu- tion regarding Councllmember travel and education pollcy. (ContInued from March 11, 1980). DIScussion was held by CouncIl. Mayor Bambrlck moved to adopt Resolution }lo. 5532(CCS) entitled: itA RESOLUTIO;'; OF THE CITY COU~CIL OF THE CITY OF SANTA MONICA CLARIFYING SECTION 602 OF THE CITY CHARTER BY ESTABLISHI}lG A POLICY REGARDING TRAVEL BY COUNCILMEMBERSIt, I amended to add "travel confined to Continental United States", "all I other travel by City Council members shall be approved at a duly notIced City Council meeting" and to delete SectIon 5. Second by COlmcilmember Reed. Council Vote: Affirmative: Councllmembers Reed, Scott, van den Steenhoven and Mayor Bambrick )legative: Councilmembers Yannatta Goldway, Jennings and Rhoden I Consent Calendar: I The Consent Calendar was presented by the Acting City Clerk, after WhICh Councilmember Reed moved to approve the Consent Calendar with the exception of Agenda Items 6-A, 6-B, 6-C, 6-D, 6-E, 6-F and 6-G, reading the resolutlons and ordinances by title only and waiVIng further readIng thereof. Second by Councilmember van den Steenhoven. Council Vote: Unanimously approved 7-0 Agenda Item 6-A: Councllmember Reed moved approval of the mInutes of a joint study session of the City Council with the Housing CommIssion on February 21, 1980, a special meeting held on February 21, 1980, a regular meeting held on February 26, 1980 with the following amendment: Council- member Reed voted negative on Item 9-H; and an adjourned meeting held on March 4, 1980 with the following amendments: Agenda Item 7-1, moved appeal be It~ranted" not denied. Agenda Item 8-C: add after single cylinder door loc , a key retaining lock or double bolt lock. Add under Agenda Item 9-1 at end, City Attorney dIrected to determIne whether Mayor Protempore Yannatta Goldway had a conflict of interest. Second bv COlIDCil- member Rhoden. ' Council Vote: Unanimously approved 7-0 ion No.5533 Agenda Item 6-B: Presented for considerat~on at this time was a resolu- ng FI~ tlon approving Final Tract Map No. 12488, submitted by Pauific Construc- ;;;p No.12488 tion Designs, Inc., Carlos and Jose Siderman, for a 4 unit new condomi- nIum at 1051 n~elfth Street. Councllmember van den Steenhoven moved to adopt Resolution )10. 5533(CC5) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA MO)lICA ACCEPTI~G AND APPROVING SUBDIVISIOK i 1>11l.P OF PARCEL :-.r0. 12488". Second by Councilmember Reed. : i Council Vote: Affirmative: Councilmembers Reed, Scott, van den j Steenhoven and Mayor Bambrick NegatIve: Councilmembers Yannatta Goldway, Jennings and Rhoden ~ion :-10.553 Agenda Item 6-C' Presented for consideration at this time was a resolu- .lllg Final --I ~lap )10. . ! 4 tion approving Final Tract Map No. 36425, submItted by Alexander and Margaret Von Hessenstein for a 11 unit condomInium converSIon at 1111 Euclid Street. Gordon Russell and Bill Murphy addressed the Council Councilmember van den Steenhoven moved to adopt Resolution No. 5534(CCS) enti tled: "A RESOLUTION OF THE CITY COU::ICIL OF THE CITY OF SANTA :MO~ICA ACCEPTI:;JG .~~D APPROVING SUBDIVISION )~P OF TRACT NO. 36425", to approve the final tract map subject to the condition thaI all laws legally applicable to final subdivision maps are to be complied with and direct the City Manager and through him the Building Officer to comply with 9l22C and other sections of the condominium law and issue a condominium permit subject to the requirement that all provision of the rent control law be complied with. Second by Councilmember Reed. Council Vote: Affirmative: Councilmembers Jennings, Reed. Scott, van den Steenhoven and Mayor Bambrick Negative: Councllmembers Yannatta Goldway and Rhoden Mayor BambrIck stated for the record, he had been advised by the City Attorney that he had no conflict of interest as his association with the applicant was on a rent control matter and no work was done or fees charged. Agenda Item 6-D: Presented for consideration at this time was a resolu- tion approving Final Tract Map ::10. 36783, submitted by Robert and Louise Gabriel for a 5 unit new condominium at 821 Fourteenth Street. A staff report was presented. Councilmember van den Steenhoven moved to adopt ResolutIon No. 5535(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION ~~P OF TRACT ::10. 36783", to approve the final tract map subject to the condition that all laws legally applicable to final subdivision maps are to be complied with and direct the City Manager and through him the BuildIng Officer to comply with 9l22C and other sections of the condominium law, and issue a condominium permit subJect to the requirement that all provi- sions of the rent control law be complied with. Second by Councilmember Reed. CounCIl Vote: Affirmative: Councilmembers Reed, Scott, van den Steenhoven and Mavor Bambrick 309 Resolution ;-':. apprOVlng H Map No. 3678 Negative: Councilmembers Yannatta Goldway, Jennings and Rhoden i Agenda Item 6-E: Presented for consideration at this time was resolu- ~presented fo tion approving FInal Tract Map No. 37947, submItted by Jack Kavanaugh eration "as and :-'Iead 1. GreeI}-berg for a 11 unit n~'v condominium at 823-827 Seventeent No. 5536 re: Street. ResolutIon No. 5536(CCS) entItled: "A RESOLUTION OF THE CITY . Tract Map::lo COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION ~IAP OF TRACT ~O. 37945". Agenda Item 6-F: Presented for consideration at this time was a resolu- tion approving Final Tract Map No. 37990, submitted by Shambhu L. Kayastha for a 21 unit new condominIum at 1131-1137 FIfth Street. Resolution ~o. 5537(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTI~G AND APPROVING SUBDIVISIO~ }L~P OF TRACT NO. 37990". Agenda Item 6-G: Presented for consideration at this time was a resolu- tIon approving Final Tract Map No. 38788, submitted by RMR Associates, William ~alat and Louis Rudman for a 8 unit new condominium at 1230-1236 Chelsea Avenue. Resolution No. 5538 (CCS) entitled: "A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVI- SION l-li\.P OF TRACT NO. 38788". Councilmember Reed moved to adopt Agenda Item 6-E, Resolution No. 5536(CCS) 5 Presented fo eration '..as ::10. 5537 re: Tract Map No Presented fo eration was No. 5538 re: Tract Map Nc ~btion appl adopt: ResolutIon Resolution Iresolution or relm- of cash Agenda Item 6-F, Resolution No. 5537(CCS); and Agenda Item 6-G, Resolution No. 5538(CCS), reading by title only and waiving further reading thereof. Second by Councilmember Scott. Council Vote: Affirmative: Councilmernbers Reed, Scott, van den Steenhoven and Mayor Bambrick Negative: Councilmembers Yannatta Goldway, Jennings and Rhoden i I Agenda Item 6-J: A request for reimbursement of the following Departmentat' Revolving Cash funds: Administrative Services $256.88; Airport 573.83; Police $138.79; Recreation and Parks $173.78, and Transportation $98.55, were approved. o grant DiO Agenda Item 6-1: A recommendation to grant h!o easements to Southern to SoutlErn California Edison Company for Clover Park and the Moss Avenue sewer Edlson .pumping plant and authorizing the City Manager to execute the necessary Idocuments, was approved. ; Grant appli~Agenda Item 6-J: A recommendation to reset the Administrative Public purch~e jHearlng date to May 12, 1980, for a Federal Grant application to purchase <; approved.'6 buses, .vas approved. ~o. 5545 IAgenda Item 6-K: Reso1utlon No. 5545(CCS) entitled: "A RESOLUTIO)l OF THE ~sessmentslCITY COUNCIL OF THE CITY OF SA)lTA ~IOlUCA SETTI)lG A HEARING DATE FOR ANY antmg dis- PROTESTS OR OBJECTIONS TO THE CONFIRM..:\TION OF ASSESSME)lTS IN TREE 3. PLANTING ASSESSME)lT DISTRICT NO.3 ON SANTA MONICA BOULEVARD", was adopted ) . 3465 of a tram SM Pier. Agenda Item 6-L: Contract No. 3465(CCS) was awarded to Overfair Co., approving the operation of a tram service on Santa Monica Pier for a 6 month trlal period. No. 1148 Agenda Item 6-~1: Ordinance No. 1148(CCS) entltled: "AN ORDINANCE OF THE security CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING ARTICLE VIII, CHAPTER buildings. 2 OF THE SA)lTA MONICA M~ICIPAL CODE TO REQUIRE SECURITY DEVICES IN ,CERTAIN BUILDI~GS AS BURGLARY PREVENTION MEASURES AND PROVIDING FOR THE 'E)lFORCEMENT THEREOF", was adopted. No. 1149 alann :-lo. 1150 eXIStlng on condo- jects. of Case by staff, 1:.C 45308. ;\io. 5539 ng reason- able con- Ies. );0. 5540 compronuse CPLC for -31-80. );0. 5541 compromise CPLC for -15-80. Agenda Item 6-N: Ordinance )10. 1149(CCS) entitled: "AN ORDI~ANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGULATING ALARM SYSTEMS AND CHARGING SERVICE FEES FOR FALSE ALAR~IS", ..as adopted. ~Agenda Item 6-0: Ordinance :io. 1150(CCS) entitled: "A~ ORDINA1\'CE OF THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA EXTENDING THE EXISTING MORATORIUM ON THE APPROVAL AND PROCESSI~G OF CERTAI1\' CO~DOMINIUM PROJECTS", was adopted. Agenda Item 6-P: A recommendation for settlement of a case entitled Jack Wilson vs. City of Santa Monica, Case No. WEC 45308, was withdrawn by staff. Agenda Item 6-Q: Resolution ;\io. 5539(CCS) entitled: "A RESOLUTIO)l OF THE CITY COU)lCIL OF THE CITY OF SA~TA MO~ICA INDICATING ITS INTENT TO UIPLEMENT PRIOR TO DECEMBER 31, 1982 HEREIN DEFINED "REASONABLE AVAILABLE CONTROL MEASURES" FROyl THE SOUTH COAST AIR QUALITY t.1ANAGEMENT PLAN", 1.;as adopted. Agenda Item 6-R: Resolution No. 5540(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MO)lICA RATIFYING THE COMPROMISE OF CLAIMS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED J~~UARY I, 1980 THROUGH JANUARY 31, 1980", ",as adopted. Agenda Item 6-S: Resolution No. 5541(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RATIFYING THE COMPROMISE OF CLAIMS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED FEBRUARY 1 THROUGH 15. 1980", 1....as adopted. 6 Agenda Item 6-T: Resolution No. 5542(CCS) entitled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO CONSTRUCT GUTTERS ALONG SECOND STREET AND FOURTH STREET FROM COLORADO AVENUE TO BROADWAY, ALL WITHIN THE CITY OF SANTA MONICA", (G-80-3), Isetting a public hearing on April 22, 1980,was adopted. Agenda Item 6-U: Contract No. 3466(CCS) (Bid No. 1493) was awarded to Western Bandag, Inc. by issuance of P. O. No. 43925, for tire recapping Iservice from ~arch 31, 1980 to April 39, 1981, was adopted. Agenda Item 7-A: Presented for consideration at this time was a public 'hearing to hear protests on the assessment of costs for a tree planting district on Santa ~onica Boulevard from 20th Street to 23rd Street, T-79-6 (S.M.). The proof of publicatIon and posting were ordered filed by ,~ayor Bambrick. There being no one from the audience wishing to speak, Councilmember Rhoden moved that the public hearing be closed at 10:05 P.M. Second by Councilmember Reed. Council Vote: Unanimously approved 7-0 Counci1member van den Steenhoven moved to adopt Resolution No. 5543(CCS) jentitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE PLANTING OF TREES ALO~G SANTA MONICA BLVD. BETWEEN 20TH STREET AND 23RD STREET, IN ACCORDA~CE WITH RESOLUTION OF INTENTION 5506 , (CITY COUNCIL SERIES) ". Second by Councilmember Jennings. CouncIl Vote: Unanimously approved 7-0 Agenda Item 7-B: Presented for consideration at this time was a public hearing to hear protes~ on the assessment of costs for repair of damaged sidewalks, driveways and curbs. SR-80-2. The proof of publication and posting were ordered filed by Mayor Bambrick. The hearing was opened at 10:07 P.M. SpeakIng against the assessment of the damaged sIdewalks, driveways and curbs were John George and William Barlow. Counci1member Rhoden moved that the public hearing be closed at 10:16 P.M. Second by Councilmember Reed. Council Vote: Unanimously approved 7-0 Counci1member van den Steenhoven moved to adopt Rese1ution No. 5544(CCS) : entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA . CONFI&~ING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR i TO DAylAGED SIDEWALKS, DRIVEWAYS AND CURBS". Second by Counci1member Reed. Council Vote: AffirmatIve: Counci1members Yannatta Go1dway, Jennings, Reed, Scott, van den Steenhoven and Mayor Bambrick Negative' Counci1member Rhoden ; Agenda Item 7-C: Presented for consideration at this time was the appeal [ ! of Wilshire West Co., from the actIon of the Planning CommIssion to extend the time on Tentative Tract Map No. 35412 for a 120 unIt condominium ! conversion at 1221 Ocean Avenue. Speaking on behalf of Wilshire West . Co. was Mr. Sherman Stacy. Speaking agaInst the extension were the following people: Jack Atkin, Jerome LeWIS, Jerome Edwards and Gerald Stern. Counci1member Reed moved to deny the appeal WIthout prejudice. Second by Councilmember Rhoden, with the amendment that the applicant must apply to the Rent Control Board and Coastal Commission when reapplying in Tvlay. Council Vote: Affirmative: Counci1members Yannatta Go1dway, Jennings, Reed, Rhoden and Mayor Bambrick Negative: Councilmembers Scott and van den Steenhoven 7 311 Resolution construct " \,i thin the Santa Moni,- a public he Contract "Ie for tire rc semce. t>lOtion appl close publ i re:asseSSIT': cas ts for t tlllg distri Boulevard. ResolutIon ordering tn of trees a1 Blvd. ;..lOtlOn app:c close hear; assessment for repaIr walks,drIvt. curbs. Resolutlon regardmgi- damaged Sl" dri vewa1ks, ~lOtIon appi- deny ,VI thOl J dice Tentat Map No. 354 ,roved that fy tenants Councilmember Rhoden : re:prop- the owner notify all property. Second by ,roved to ic heann Control led to ordinance 'ntmg the 'utrol Law, i led to I nance \\11 th ,""nt in i nal cas es proved to pubhc e:Rent ~.",.. prov-ed to an ordin- .ent Control moved to require in the future that tenants seven days pYlar to any hearing on the Councllmember van den Steenhoven. Councll Vote: Unanimously approved 7-0 Agenda Item 8-A: Presented for conSlderation at thlS tlme was an emergency ordlnance for introductlon and adoption implementing the Santa Monica Rent Control Law. A staff report was presented. CounCllmember Rhoden moved to adopt the ordinance with the amendment to Section 4503, i that the effective date of the ordinance will be the date the ordlnance , is adopted, not Aprll 18, 1979. Second by Mayor Pro Tempore Yannatta Goldway. Mayor Bambrick opened the public hearlng at 10:55 P.M. John Hult spoke in oppositlon. Councllmember van den Steenhoven moved to close the public heanng at-fO: 57 p,r-I'. Second by Councilmember Rhoden. Council Vote' Unanimously approved 7-0 On a call for a vote on the ordinance, the motion failed by the following vote: Council Vote: Affirmatlve: Councilmembers Yannatta Goldway, Jennings, Rhoden and Mayor Bambrick :'>iegative: Councilmembers Reed, Scott and van den Steenhoven Councilmember Reed moved to adopt the ordinance with an amendment on Page 5 to delete the language "including prosecution on behalf of the people of criminal cases for vlolation of the Rent Control Law", and replace the wording with "City Attorney shall retain criminal prosecution responslbi- 11 ty for the rent control office". Second by Councilmember van den Steenhoven. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Reed, Scott and van den Steenhoven Negative: Councilmembers Yannatta Goldway, Jennings, Rhoden and Mayor Bambrick Mayor Pro Temp~:~ Yannatta Goldway moved to go past 11:00 P.M. by Councilmember Rhoden. Second Council Vote: Unanimously approved 7-0 Agenda Item 8-B: Presented for consideration at this time was an ordinance for introduction implementing the Santa Monica Rent Control Law. Mayor Bambrick opened the public hearing at 11:30 P.M. Walter Schwartz addressed the Council. Councilmember Rhoden moved to close the public hearing at 11:35 P.M. Second by Mayor Pro Tempore Yannatta Goldway. Council Vote: Unanimously approved 7-0 Mayor Pro Tempore Xannatta Goldwav moved to introduce an ordinance enti tIed: "AN ORDINA\TCE OF THE CITY COU\TCIL OF THE CITY OF SANTA ;\lONICA AME~DING CHAPTER 6 OF ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE TO EKACT THE RENT CONTROL ORDINAKCE, TO IMPLEMENT ARTICLE XVIII OF THE CITY CHARTER". Second bv Counei lmember Rhoden. CaUllci1 Vote: Affirmative; CoUllcilmembers Yannatta Goldl.,ray, Jennings, Rhoden and t>1avor Bambrick Kegative: COUnC1lmembers Reed, Scott and van den Steenhoven Councilmember Reed moved to adJourn to executive seSSlon at 11:37 P.M. Second by Councilmember Rhoden. Council Vote: Affirmative: Counsilmembers Yannatta Goldway, Jennings, Reed, Rhoden, Scott and Mayor Bambrick Negative: Councllmember van den Steenhoven 8 Council reconvened at 12:07 A.M. with all members present. Action taken In executive session in regard to Agenda Item 5-E, were stated at that time. Please see that agenda item for action taken. Agenda Item 8-C: An emergency ordinance for introduction and adoption placing a moratorium on new massage parlors, was withdrawn by staff. Agenda Item 8-D: An ordinance for introductIon placing a moratorIum ! on massage parlors was withdrawn by staff. 'By Council consent the following agenda items were continued: Agenda Item 10-A: A recommendatlon of the Planning Commission that the City Attorney be directed to prepare an ordinance providing for removal of visual obstructions adjacent to driveways, alleys and other vehicle accessways was continued to ~arch 26, 1980. Agenda Item 10-B: A recommendation of the Planning CommIssion that the City Attorney be directed to prepare an ordinance amendment requiring posting of publIC notices, ln additIon to publication and mailing was continued to March 26, 1980. Agenda Item II-A: A resolution adoptlng a policy for installation of traffic control devices was continued to ~arch 26, 1980. Agenda Item 11-B: A recommendation concerning acquisition of space to replace Room 201-B and requesting the appropriation of funds was contInued to March 26, 1980. Agenda Item 11-C: A report recommending the City Attorney prepare an emergency ordinance declaring a moratorium on adult entertainment uses was continued to March 26, 1980. Agenda Item 12-A: The appeal of Ahmad Aslam for the decisIon of the License Review Board imposing a penalty in the amount of $870.41 for late payment of gross receipts for Sol's Yardage was continued to March 26, 1980. Agenda Item l2-B: The written request of She1 Krongaus, manager of the Rodeo ex Machlna Dance Company to address the Councl1 regarding endorse- ment of a fundraising project was contInued to ~arch 26, 1980. Agenda Item 12-C: The request of DavId Eggenschwi1er, representIng the Ocean Park CommunIty Organization to address the Council regarding problems of interpretation of the Main Street moratorium ordinance was ! continued to i"farch 26,1980. Agenda Item 12-D: The request of Ernest Orne1az, President, representing Sea Park, Inc. to address the Council regarding a recycllng and resource conservatIon project to be Implemented by Sea Parks Development, Inc., and Marine ArtIficial Reefs, Inc. (Continued from March 4, 1980), was contInued to AprIl 8, by request of app1lcant. Agenda Item 13-A. A request for discussion and conslderation of creating, an ongoing Energy Commission in the City of Santa ~onica by Councilmember! Rhoden was contInued to March 26, 1980. . Agenda Item l3-B: A report on revenue sharing from Councilmember Reed who attended the National League of Cities Conference at Washington D.C. was continued to March 26, 1980. Agenda Item 13~C: A request for discussion and consIderation of an allocation of S5,400 to fund the purchase of anatomical mannequins and other equipment used to train the public ~n life savIng techniques by the American Red Cross, Community CPR (Cardio-Pulmonary Resucitation) Committee by Mayor Bambrick was contInued to March 26, 1980. 9 313 See Agenrla for actlon Emergency Ordinance parlors l'.'i staff. Ordinance parlors Ki staff. Item re: VI obstructic ted to 3-2 Item re:pc public not tinued to Item re:t:. devIses ce 3-26-80. Item re: He of space ,_ to 3- 26- 8e Item re :a, tainrrent 1 tmred to Item re:ar A. Aslam [_ to 3-26-8C Item re: fl project cc to 3-26-8C Item re: Ir tion of ~!.- J>.tJratorilll to 3- 26- 8C Item re:r<: and resoaL vatlOn pre tInued to Item re"Cr going Ene. sion contl 3-26-80. Item re.T. sharinCT Cl to 3- 26- 81 Item re:pl anatomical quins con. 3- 26- 80. 'llllding eSldential contlnued :0. . adjourn 26,1980 filed. Agenda Item l3-D: An ordinance amending Santa Monica Municipal Code 9203, requiring buildIng record on residential bUildings and rental units prior to their sale or exchange; and Section 9l22C requiring a condomi- nium converSIon permit by Councilmember Jennings was continued to March 26, 1980. Councllmember Jennings moved to adjourn at 12:15 A.M. to ~arch at 7:00 P.M. for an executive session, with CounCIl meeting to at 8:30 P.M. Second by Mayor Bambrick. Council Vote: Unanimously approved 26,1980 be held ATTEST: 7- 0 APPROVED: --~zQ/~ c~~e E. Joh~en ; Acting City Clerk (\ }. 1~'1 . (}{j<<~{ /IJi.(,l)!M~ Jq11jl TB'ambrick MaYor \ 10