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M-5/8/1979 69 CITY OF SA~TA MO~ICA CITY COU~CIL PROCEEDI~GS May 8, 1979 A regular meetlng of the Santa ~onica City Council was called to order at 7:30 P.M. by Mayor Pieter van den Steenhoven who led the assemblage in the pledge of allegiance to the United States of Amerlca. ~Iavor van den Steenhoven then lntroduced ~everend Steve Hutchison, T~inity Baptlst Church, who offered the invocation. Roll Call. Present: Mavor Pieter van den Steenhoven Mayor Pro Tempore Christlne Reed Councllmember John J. Bambrick Councilmember Ruth Yannatta Goldwav Councilmember William H. Jennings' Councilmember Perry Scott Absent: City Manager Charles K. McClain Clty Attorney R2chard Knickerbocker Clty Clerk Joyce Snider Councilmember Donna O'Brien Swink ~ayor van den Steenhoven moved to receive vlsitors, add Ex agenda 'Items Il-E and l3-E through l3-M, and to bring forward for discussion Agenda Items 5-A, Il-E, 13-A and l3-D. Second by Councilmember Jennings. Council Vote: Unanimously approved 6-0 i II Absent: Councilmember SWlnk , A scroll was presented to Mayor van den Steenhoven by Jack Murray, : President of the Scottish Gala Rugby Club, on behalf of the Provost of Galashlels ln Scotland. Jerry Jackson, Executive Vlce President of the Santa Monica Chamber of Commerce, was introduced to the Council and the community by Jim Mount. Agenda Item 4-A. employee Douglas Lillian Abelson, appreciation for An award of appreciatlon was presented to Clty Stafford of the Recreation and Parks Department by Chairperson of the Trees on PlCO Committee, in his support. Commendation to Doug Staf RecreatIon ~ CounCll~e~ber Scott moved to hear Agenda Item 5-A at this time followed by Agenda Item l3-D. Second by Councilmember Yannatta. After dIscussion, the motion was approved by the following vote: Council Vote: AffIrmative: Councilmembers Bambrick, JennIngs, Scott, Yannata and Mayor Pro Tempore Reed. Negatlve: Mayor van den Steenhoven Councilmember Swink Absent: Agenda Item S-A: Presented at this tlme was the request of Councilmember Scott for dIScussion on Airport leases. After discussion, Councilmember Scott moved that the Councl1 declare as a matter of policy that it has no intentlon of renewlng aircraft-oriented leases at the Airport and to instruct the City Manager to provide a formal notice of this actIon to all aIrcraft-orlented leaseholders at the Santa ~onica Airport. Second bv Councilmember Yannatta. Councilmember Scott moved to hear mem- I bers of the public who had requested to speak on thIS subject. Second by I Dlscussion c I Lea,c'. 1 Councilmember Jennings. Council Vote: Unanimously approved 6 - 0 Absent' Councilmember Swink :Thomas Smlth, Mrs. William Todd and Charles Davis spoke in support of Idiscontinulng the Airport use. The main motion failed by the following vote: Council Vote: Affirmative: Councilmembers Jennings, Scott Yanatta Xegative: Councllmember Bambrick, Mayor prol. Tempore Reed and Mayor van den Steenhoven ! , Absent: Councilmember Swink on on alter~Agenda Item l3-D: Presented at this tlme was the request of Councll- s of airpor ember Jennlngs for discussion regarding a study on alternate uses of , the Airport property. Councllmember Jennings moved to direct the City Manager to solicit proposals for studying alternative uses of the :Airport and return to the Councll with resumes for Council decision if .lllt lS decided to close the Airport. Second by Councilmember Yannatta. After dlScussion, Councilmember Jennings, with the consent of the isecond, amended the motion to direct the City Manager to have City staff 'draw up the necessary parameters to present to research firms to soliclt proposals for studYlng what would be the result to the City from various alternatives uses of the Airport, including retention of the Airport use and straight commercial development, those being only two of the many possible alternatives to be considered, and that City staff report to ;Council regarding parameters by the first meeting in June. The motion, 'as amended, was approved as follows: Council Vote: Unanlmously approved 6 - 0 Absent: Councllmember Swink of Flve Agenda Item 13-A: Presented at this time ,,,as consideratlon of appoint- the Intenm ment of flve members to the Interim Rent Control Board. City Clerk I Board. Snider reported that John Fowler has withdrawn his application that the nomlnees are Lilllan Abelson, William G. Allen, Harleigh Johnston, Fred Mackenzie, Lois Moss, Judith ~eveau, Van Royce Vibber and Edward Wiseman. Councilmembers Bambrick and Scott voted for Lillian Abelson. Councilmembers Bambrick, Jennings, ~~ott, Yannatta, and Mayor Pro Tempore Reed voted for Wllliam G. Allen. Mayor Pro Tempore Reed and Mayor van den Steenhoven voted for Harlelgh Johnston. Mayor Pro Tempore Reed and Mayor van den Steenhoven voted for Fred ~IackenZle. Councilmembers Jennings and Yannatta voted for L01S Moss. Councllmembers Bambrlck, Scott, ~layor Pro Tempore Reed and Mayor van den Steenhoven voted for JUdlth Keveau. CounCllmembers Bambrlck, Jennlngs and Yannatta voted for Keil A. Stone. !Mayor van den Steenhoven voted for Van Royce Vlbber. Councilmember IBa~brlck, Scott, and Mayor Pro Tempore Reed and Mayor van den Steenhoven Ivoted for Edward Wlseman. The followlng persons were appolnted to the Interlm Rent Control Board by having received a ma]Orlty vote: Wllliam !G. Allen, Judith S. Keveau, and Edward Wlseman. Votes were cast for the remalning nomlnees. Councilmember Bambrick voted for Lllliam Abelson. Councilmembers Bambrick, Jennlngs, Reed, Scott, Yannatta and Mayor van den Steenhoven voted for Harlelgh Johnston. Councllmember Reed voted for Fred ~Iackenzle (Councilmember Bambrlck abstalned). ~o votes were cast for L01S Moss. Councilmembers Jennlngs, Scott, and Yannatta voted for Xeil A. Stone. Mayor van den Steenhoven voted for Van Royce Vlbber. Havlng recelved four votes, Harlelgh Johnston was appolnted as the fourth member of the Interlm Rent Control Board. Votes were cast for the remalnlng nomlnees. ~o votes were cast for Lillian Abelson and Fred ~Iackenzle, Councilmember Reed voted for L01S Moss. Councllmembers Bambrlck, Jennings, Scott and Yannatta voted for ~eil A. Stone. ~layor van den Steenhoven voted for Van Royce Vibber. 2 Hav1ng rece1ved four votes, Ke1l A. Stone was appo1nted as the fifth mem- ber of the InterIm Rent Control Board. Agenda Item ll-E: Presented at th1s t1me by CIty Clerk Snider was a verbal report out11n1ng the necessity and procedures for rotation of cand1dates' names on the ballot of the electIon to be held on June 26, 1979, to elect five members of the Rent Control Board. ~layor Pro Tempore Reed moved to adopt Ordinance No.1l23 eCCS) entItled: "AK ORDINANCE OF THE CITY COU~CIL OF THE CITY OF SANTA MOKICA ORDERING THAT POLLI~G PLACES FOR THE JU:-JE 26TH ELECTIOK ARE TO BE OPE): FROM 7:00 A.;'.l. TO 8'00 P.M.", readIng by title only and waiving further readIng thereof. Second by Councllmember Yannatta. The motion was approved by the following vote: Council Vote: AffIrmatIve: Councilmembers JennIngs, Yannatta, Mayor Pro Tempore Reed and ~ayor van den Steenhoven Negative: Councllmembers BambrIck and Scott Absent. Councllmember Swink Consent Calendar' 71 I Ordinance No i orderulg tha Places be op. 7:00 a.m. to The Consent Calendar "as presented by the City Clerk after which Mayor i consent Cal.:: Pro Tempore Reed moved to approve the Consent Calendar, with the exception! of Agenda Items 6-C, 6-D, 6-E, 6-J and 6-M, adopting resolutIons and ord1nances thereIn, readIng by tItle only and waiving further reading thereof. Second by Councilmember JennIngs. Council Vote. UnanImously approved 6-0 Absent: Councilmember SWInk Agenda Item 6-A: The minutes of a regular CIty Council meeting held March 27, 1979 were approved as mailed. Agenda Item 6-B: A request for reImbursement of the following depart- mental RevolVIng Cash Funds: Recreation & Parks - $70.49; Cemetery - S20.31, was approved. Agenda Item 6-C: Presented at this tIme was a resolution approving Parcel Map ~o. 10766 submitted by Harry and Ruth J. Bornstein for a four- unIt new condominIum proJect at 609 Ashland Avenue. Applicant Harry BornsteIn requested approval of the proJect. After dIscussion, Mayor Pro Tempore Reed moved to adopt ResolutIon No.5294(CCS) entItled: "A RESOLUTIOK OF THE CITY COU~CIL OF THE CITY OF SANTA MO~ICA ACCEPTING AND APPROVING SUBDIVISION MAP OF PARCEL ):0. 19766", for a four-unit new condomInIum proJect at 609 Ashland Avenue by Harry and Ruth J. BornsteIn, readIng by title only and waiving further reading thereof. Second by Councilmember BambrIck. CouncIl Vote' UnanImously approved 6-0 Absent. Councllmember SWInk Agenda Item 6-D: Presented at this tIme was a resolutIon approving Final Tract ~ap Ko. 35724 submitted by Steve C. Wong for an eight-unit new condominium proJect at 1053 - 19th Street. WIlliam H. Buoy, archItect, requested approval of the proJect saying that construction IS In progress and the Flnal Tract Map complIes with the TentatIve Tract Map. Mayor Pro Tempore Reed moved to adopt Resolution Xo. 5295(CCS) entitled:"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAKTA MO~ICA ACCEPTIKG AXD APPROVING SUBDIVISION MAP OF T~~CT NO. 35274"for an eight-unIt new condomInium proJect at 1053- 19th Street, by Steve C. Wong, readIng by title only and waIving further thereof. Second by Councilmember Bambrick.! Council Vote: Unanimously approved 6-0 Absent: Councllmember SWInk 3 Approval of , held ivlarch 2 Reimbursemen Revolvmg C" ResolutlOn ~' for Parcel f,. 10766 Resolutlon 1" approving Fl ;'.Iap Ko. 3527 No. 5296 inal Tract J75 1'-)0, 5297 J. 3219 Ion program , r. No. 5298 .~ duect I for spe- r ansit bus No... _ 5299 lO plant mta ~.Ionlca No. 5300 reeplan - ,1IIent. Agenda Item 6-E: Presented at thIS tIme was a resolutIon approving Final Tract Map ~o. 35275 submItted by Steve C. Wong, partner Wong and Kuo Properties; Ltd., for a fIve-unit new condomInium project at 834 - 17th Street. Councilmember Yannatta moved to adopt Resolution No. 5296(CCS) entItled: A RESOLUTIOK OF THE CITY COUNCIL OF THE CITY OF SA~TA MOKICA ACCEPTIKG AKD APPROVIKG SUBDIVISION MAP OF TRACT NO. 35274", for a flve- unit ne~ condominium project at 834-- 17th Street, by Steve C. Wong, partner, Wong and Kuo Properties, Ltd., reading by title only and waIving further readIng thereof. Second by Mayor Pro Tempore Reed. CouncIl Vote: Unanimously approved 6-0 Absent: Councllmember S~ink Agenda Item 6-F: Resolution No. 5297(CC5) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MO~ICA AUTHORIZING THE FILING OF A REAPPLICATION WITH THE LOS ANGELES COUNTY AREA AGENCY ON AGING FOR A NUTRITION PROGRfu~ FOR THE ELDERLY UNDER TITLE III OF THE OLDER AMERICANS ACT OF 1965, AS "~lENDED", was adopted and Contract Ko. 3219(CCS) was awarded to the Los Angeles County Area on Aging. Agenda Item 6-G: ResolutIon No. 5298(CCS) entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING COMPETITIVE BID PROCEDURE AND AUTHORIZING DIRECT KEGOTIATIOK FOR SPECIALIZED T~~NSIT BUS SERVICE EQUIP;..IENT", was adopted authorIzIng City ;..fanager to negotIate for specia- lized transIt bus serVIce eqUIpment. Agenda Item 6-H: Resolution No. 5299(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA DECLARING ITS INTENTION TO PLANT TREES ALONG SANTA MONICA BOULEVARD BETWEEN FIFTH STREET AND LINCOLN BOULEVARD WITHIN THE CITY OF SA^TA MONICA", was adopted settIng a publIC hearing to hear objections for June 26, 1979. iAgenda Item 6-1: ResolutIon Xo. 5300(CC5) entItled: "A RESOLUTIOI\ OF THE ICITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE FILING OF REPORT OF WORK A~D SETTING A HEARI~G DATE FOR ANY PROTESTS OF OBJECTIOXS TO THE !REPORT OF THE SUPERINTEKDENT OF STREETS REGARDING TREE PLA~TII\G ASSESSMENT :DESTRICT 1\0.6 ON LII\COLN BOULEVARD", was adopted setting June 26, 1979 as ;a hearIng date. ; 1. 3213 !Agenda Item 6-J: Presented at thIS tIme was a recommendation to execute mrner Youth ia contract with Los Angeles County for CETA Summer Youth Employment Progra Program for!to provIde summer Jobs for dIsadvantaged youths. Member of the public and 'ed youths. ipartlclpant in the CETA program, John Wachter, expressed concern about the ladmlnlstration of the program. After dISCUSSIon, Mayor Pro Tempore Reed ,moved approval fo the staff recommendatIon; i.e., award of Contract No. i3213(CCS) to Los Angeles County to provIde summer Jobs for dIsadvantaged Iyouths through the CETA Summer Youth Employment Program and authorIzation ifor the City Manager to execute contract documents. Second by Council- !member Jennings. '. 3214 and expan- ansportati facih ty. I. 3215 :2 for ltor starte Councll Vote' UnanImously approved 6-0 Absent: Councllmember SWInk Agenda Item 6-K: Contract No. 32l4(CCS) was awarded to DeLeuw, Cather & Co. for conceptual planning and grant applicatIon aSSIstance for remode1in nd expanding the TransportatIon Department facilIty and the CIty Manager authorized to execute contract documents. Agenda Item 6-L: Contract 1\0. 3215(CCS) (BId No. 1442) for an electrIc motor starter to be installed at Charnock Booster No. 5 was awarded to PacifIc EngIneered Products, Inc., by issuance of P.O. No. 40275 in the I j 4 7- 'J amount of $4,061.12. Agenda Item 6-M~ Presented at this tIme was a contract for award for re- Contract :-10. novatIon of Douglas Park Bowling to Ryco Construction Inc., in the amount Transfer of I of $52,225.00 and transfer of funds In the amount of $4,000.00. After dISCUSSIon, Mayor Pro Tempore Reed moved the staff recommendation, i.e., ! awarding Contract ~o. 32l6(CC5) to Ryco ConstructIon, Inc., in the amount i of $52,225.00 for renovatIon of Douglas Park BowlIng Green and authorizingl the transfer of 54,000.00 from the Recreation UnIt Tax Fund. Second by i Mayor van den 5teenhoven. A call for the roll resulted in the following vote' CouncIl Vote~ AffirmatIve' Councilmembers BambrIck, Scott, Mayor Pro Tempore Reed and Mayor van den Steenhoven. Negatlve~ Councllmembers Jennings and Yannatta Absent~ Councilmember SWInk Inasmuch as Santa MonIca Charter Section 1506 reqUIres five votes for approval of transfer of funds, the contract was awarded, but the transfer of funds in the amount of $4,000 was not approved. Agenda Item 6-K~ Contract No. 32l7(CCS) was awarded authoriZIng an expenditure of $8,500.00 from the Parking Structure Maintenance Fund for purchase and InstallatIon of lighting tImers in City parking structure. Contract !\Io. for purchase stallatlOn 0 i tImers. Settlement t-IE Claim ;<Jo. 79 Agenda Item 6-0~ The settlement of a claIm entItled Jesse Busillo vs. CIty of Santa MonIca, MBL 78-505, ClaIm ~o. 79-18, was approved as recommended by staff and the Director of Finance instructed to draw a war rant made payable to Jesse Busillo and Bert l. Rogal In the sum of $3,500 In full and complete settlement of the case. Agenda Item 6-P~ The settlement of a claim entItled lodorls Foote vs. City of Santa MonIca, Claim No. LA 237908, was approved as recommended by :itafE and the Director of Finance was instructed to draw a warrant for $3,000.00 made payable to LodorlS Foote and her attorney of record, E. I Andrew Matyas, In full and complete settlement of the case. Agenda Item 8-A~ Presented at thIS tIme was an ordInance for IntroductiorJOrdlnance lnt to codify, clarify and implement the Rent Control Charter Amendment. . The i to codify, cl public hearIng, continued from the CounCIl meeting held April 25, 1979, : and lIllplement was re-opened at 9:07 P.M. by order of Mayor van den Steenhoven. John 'I' Control Chart Hult spoke and requested that the CounCIl resolve the issues of the ment. legIslatIve authority of the Rent Control Board and conflIct of interest , and requested that other matters of the rent control program be defined , by the Rent Control Board. Gary Wexler and Ronald Oster spoke in oPPosl-,1 tlon to the vested rIghts standards contaIned In the proposed ordinance. John Jurenka spoke In opposition to the contents of the "Whereas, LegIS- latIve FindIngs and Savings" clauses contained In the proposed ordInance. Walter Schwartz spoke In oppOSItIon to contents of the Whereas clauses proposed In the ordInance. RIchard W. Senseman spoke in oppOSItion to ! legislation whIch mIght prOVIde unequal protection to landlords or tenant,'. There being nO one else present wishing to speak regarding the subject, , the publIC hearing was closed at 9~37 P.M. by order of Mayor van den ; Steenhoven. Settlement - ~o. LA. 237908 DurIng CounCIl discussion, the follOWIng motIons were approved: Councilmember Yannatta moved to Introduce an ordInance entitled: "AK ORDI:-IA~CE OF THE CITY COU~CIL OF THE CITY OF SAKTA MOXICA "~1ENDING CHAPTER 6 OF ARTICLE IV OF THE SA~TA MO~ICA MUI\ICIPAl CODE 5 4 ~o E~ACT THE RE~TAL HOUSI~G REFO~~ LAW, TO CODIFY, CLARIFY AND I~PLEMENT ARTICLE XVIII OF THE CITY CK~RTER", as presented, reading by title only and waiv~ng further reading thereof, w~th the exception of Section 4603 (e) regard1ng settlement of disputes, and Sections 4604 through 4610, inclusive, relating to vested rights. Second by Mayor Pro Tempore Reed. Councilmember Yannatta, with the consent of the second, incorporated into the mot~on the add~t~on on page 10, Section 4613 (Budget), seventh line, the words "a manifestly unreasonable" before the words "risk of loss". The motlon failed by the following vote: Counc~l Vote: Afflrmat~ve: Councilmembers Jenn~ngs, Yannatta and Mayor Pro Tempore Reed Negative: Councilmembers Bambrick, Scott and ~ayor van den Steenhoven i I I'~ouncilmember Jenn~ngs moved to include in the ordinance Section 4601 i (Scope and purpose), Section 4602 (Codification) and Sections 4611 !through 4617 relating to affairs of the Rent Control Board, ~ssuance of Icitat~ons for violat~ons, and the Savings Clause. Second by Mayor Pro Tempore Reed. Counc~lmember Jennings, with the consent of the second, amended the motion to request the City Manager be directed to report to Council on the feasibility and efficacy of providing City services to the Rent Control Board on a contractual relationship rather than legislative through an ordinance. The motion was approved by the following vote: Absent: Counc1lmember Swink Council Vote' Affirmative: Councilmembers Bambrick, Jennings, Yannatta, Mayor Pro Tempore Reed and Mayor van den Steenhoven Negative: Councilmember Scott Absent: Counci1member Swink Mayor Pro Tempore Reed moved to include in the proposed ordinance Sectlon 4607 (Vested Rights), subsection (b) to read as follows: 11A property owner or subdivider is presumed to have a vested right to convert a controlled rental unit if, prior to April la, 1979, the tentative tract imap was approved and he or she submits satisfactory evidence of sub- istantial good faith reliance and the following other indices of reliance: an application for a public report has been filed with the State Depart- ;ment of Real Estate and all necessary buildings permits and approvals 'by the Architectural Review Board have been obtained. Second by Mayor van den Steenhoven. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Bambrick, Scott, Mayor Pro Tempore Reed and ~ayor van den Steenhoven Xegative: Councilmembers Jennings and Yannatta Absent: Counc~lmembeT Swink Mayor Pro Tempore Reed moved to include in the proposed ordinance Section 4607 (Vested Rights). subsection (a) to read "A property miner is pre- , sumed to have a vested right to demolish or physically remove a controlled: rental unit, if, prior to April la, 1979, he or she had secured a permit ' under Section 302 of the Uniform Building Code, (S~~C Section 8100) and, in addition, had engaged in demolition activity that irreparably damaged the unit and rendered it uninhabitable. Second by Councilmember Yannatta 6 Mayor van den Steenhoven moved an amendment to place a period after "(S:1vlMC Section 8100))" and delete the remainder of the sentence. Second by Councilmember Bambrick. The amendment failed by the following vote: Council Vote: Affirmative; Councilmembers Bambrick, Scott and Mayor van den Steenhoven Negative: Councilmembers Jennings, Vannatta and Mayor Pro Tempore Reed Absent: Councilmember SWlnk The main motion falled by the following vote: Council Vote: Affirmative: Councilmembers Jennings, Vannatta and Mayor Pro Tempore Reed. :.legatlve: Councilmembers Bambrlck, Scott and Mayor van den Steenhoven Absent: Councilmember Swink Mayor Pro Tempore Reed moved to include in the proposed ordinance Section 4607, subsection (c) limlting vested rights to a three year period. Second by Councilmember Jennlngs. Councll Vote. Unanimously approved 6 - 0 Absent: Councllmember Swink Mayor Pro Tempore Reed moved to include in the proposed ordinance Section 4608 (Vested Rights. Cause for Eviction.) as presented. Second by Councilmember Vannatta. Councll Vote: Unanlmous1y approved 6 - 0 Absent: Councilmember Swink Councl1member Jennln~s moved to include ln the proposed ordinance Section; 4609 (No Permits to issue after Effective Date) to read "On and after April 18, 1979, no department, commission, board or agency of the City f shall accept for processing or issue any new permits or applications to demolish or otherwise remove a controlled rental unit from residential I use unless the applicant has previously secured a permit under Section I 1803 (t) from the Rent Control Board." Second by Counci1member Y'annattaOl ! i ! Council Vote: Unanimously approved 6 - 0 Absent: Councllmember SWlnk Councllmember Vannatta moved to include in the proposed ordinance Sectio~ 4610 (Vested Rlghts t-iechanlsm) to read "The Interim Rent Control Board i and, upon its formation, the permanent Rent Control Board shall determlnej, subject to such rules of procedure as will insure fair and efficient I process of law, vested Tlghts claims arlsing under this Chapter." i Second by Councilmember Jennings. ! I Council Vote: Unanimously approved 6 - 0 Absent: Councilmember Swink Councllmember Jennlnss moved to include ln the proposed ordlnance Sectio 4606 (Vested Rights. Bas;rc Test.) to read: "In order to have secured a vested right to do or not to do a certaln thing notwithstanding the 7 75 provisions of the Chapter, except as provided for in Section 4607 (b), a person must have secured the last governmental approval necessary to the performance of the desired th1ng, and, in good faith reliance on that approval, must have performed substantial work and incurred sub- stantial l1ab1lities in furtherance thereof. ~o right shall vest under this Chapter unless all cond1tions precedent to obtaining all necessary governmental approvals have been sat1sf1ed as determined by the Interim Rent Control Board or the permanent Rent Control Board." Second by Councilmember Scott. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Bambrick, Jennings, Scott, Mayor Pro Tempore Reed and and Mayor van den Steenhoven ~egat1ve: Councilmember Yannatta Absent: Councilmember Swink Mayor Pro Tempore Reed moved include in the proposed ordinance Section 4605 (Vested Rights. Effect1ve Date.) to read "The date of April 10,1979 shall be used as a reference p01nt for calculating vested rights claims aris1ng under this Chapter." Second by Councilmember Yannatta. Council Vote: Unan1mously approved 6-0 Absent: Councilmember SW1nk Mayor Pro Tempore Reed moved to cont1nue discussions past 11:00 P.M. Second by Councilmember Bambrick. Council Vote: Unanimously approved 6-0 Absent: Councilmember Swink Counc1lmember Jenn1ngs moved to recess at 11:10 P.~. Second by Mayor van den Steenhoven. Council Vote: Unanimously approved 6-0 Absent Counc11member Swink The Council reconvened at 11:20 P.;,!. with members present as listed on the roll call. Mayor van den Steenhoven moved to include in the proposed ordinance : Section 4604 (Definitions), subsection (a) to read "Rental units in !mob1le homes or spaces 1n trailer parks rented primarily to transient 'guests for a per10d of less than fourteen days are exempt from controls iunder Section 1801 (C)." Second by Hayor Pro Tempore Reed. i ! Council Vote Unanimously approved 6-0 Absent: ~ Counc1lmember Swink Mayor Pro Tempore Reed moved to delete from the proposed ord1nance iSection 4604(b) the definition relat1ng to Housing and Urban Development rental units. Second by Councilmember Yannatta. Council Vote. Unanimously approved 6-0 Absent: Councilmember SW1nk Councilmember Jennings moved to request the City Attorney to prepare less restrict1ve language for 1nclusion in Section 4604(c) defining the ex- emption of an owner-occupied dwelling, excluding the phrase in parenthesis 8 "(or the general partner of a partnership or owner of the dwelling)". Second by Councilmember Yannatta. Council Vote: Unanimously approved 6-0 Absent: Councl1member Swink Councilmember Jennings moved to lnc1ude in the proposed ordlnance Section 4604 (d) to read as follows: "A dwelling unlt that was vacant on April 10, 1979, lS nonetheless a rental unit within the meaning of Section 1801 (c) and (h), if it is habltab1e or may be made habitable without major structural change or in an economically feasible manner." Second by Councilmember Yannatta. Council Vote: Unanimously approved 6-0 Absent: Councilmember SWlnk Mayor Pro Tempore Reed moved to lnc1ude in the proposed ordinance Section 4604(e) (defining removal) as presented. Second by Mayor van den Steenhoven. Council Vote: Unanimously approved 6-0 Absent: CounCllmember Swink Mayor Pro Tempore moved to lnc1ude on page 3, "THE CITY COUNCIL OF THE CITY OF SANTA ~O~ICA ORDAIKS AS FOLLOWS:"fo11owed by Sections 1 and 2 relatlng to Codlflcatlon. Second by Mayor van den Steenhoven. Council Vote: Unanlmous1y approved 6-0 Absent: Councl1member Swink Agenda Item 8-B: Ko action was taken in regard to an emergency ordinance presented for adoptlon to codify, clarify and lmp1ement the Rent Control Charter Amendment. 77 Agenda Item 8-C: Presented at thlS tlme \vas an ordinance for introductio Resolution ~o provldlng for safe and sane fireworks in the Cl ty. The publ ic hearlng providmg for '....as opened at 11:44 P.M. by order of Mayor van den Steenhoven. Tom Levlnesaneflre"or spoke In support of the proposed ordlnance. A1lson Arnold requested de- Clty of Santa 1etlon of the age restriction to allow all members of organizatlons to engage ln the sale of flreworks. There being no one else present wlshlng to address the subject, the publlC hearlng was closed at 11:53 P.M. by order of Mayor van den Steenhoven. After dlScusslon, Mayor van den Steenhoven moved to lntroduce an ordlnance entlt1ed:"A~ ORDI~ANCE OF THE CITY COUNCIL ADDING CHAPTER 7.11. TO ARTICLE VI OF THE SA~TA MONICA MUNICIPA CODE, RELATI~G TO THE STORAGE, USE AND SALE OF SAFE A~D SA~E FIREWORKS WITHI~ THE CITY", reading by tltle only and walvlng further readlng thereof. Second by Mayor Pro Tempore Reed. Following discusslon, the motlon was approved by the fo11owlng vote: Council Vote: Affirmatlve: Counci1rnembers Jennings, Yannatta, Mayor Pro Tempore Reed and Mayor van den Steenhoven ~egatlve: Councilrnembers Bambrick and Scott Absent: Counci1rnember Swink Mayor Pro Tempore Reed moved to adopt Reso1utlon Ko. 5301(CCS) entitled: "A RESOLUTION OF THE CITY COUxCIL OF THE CITY OF SA~TA MONICA ESTABLISHING A PROCEDURE FOR THE PROCESSl'JG PER.vIlTS TO SELL SAFE AND SANE FIREWORKS". reading by tltle only and walvlng further reading thereof. Second by 9 e introduce g competl- procedure. n No. 5302 City and fictions. horned to and for for 10K .Ising. Mayor van den Steenhoven. The motion was approved by the follOWing vote' CounCil Vote: Affirmative: Councllmembers Jennings, Yannatta, l>-layor Pro Tempore Reed and l>-Iayor van den Steenhoven Kegatlve' Councilmembers Bambrick and Scott Absent: Councllmember Swink Agenda Item 8-D: Presented at thIS time was an ordinance for introduction regarding amendment of the present City competitive bid purchasing proce- dure. The publiC hearing was opened at 12:05 A.M. by order of ~ayor van den Steenhoven. J. Ray Gallagher requested that the minimum threshold for formal bid procedures be less than the $5,000. There being no one else wishing to address the subject, the public hearing was closed at 12-11 A.M. by order of Mayor van den Steenhoven. Mayor Pro Tempore Reed moved to introduce an ordinance entltled: "AN ORDIKA:.iCE OF THE CITY COU!\CIL OF THE CITY OF SA~TA ~O~ICA _~~E~DING SECTIONS 2506, 2506A, 2507, 2508, 2508A AKD 2509 OF THE SA!\TA MONICA MUNICIPAL CODE CONCER~I~G COMPETITIVE BID PURCHASING PROCEDURES", reading by title only and waiVIng further reading thereof. Second by Councllmember Bambrick. CounCil Vote: Unanimously approved 6-0 Absent: Councilmember SWink I !Agends Item II-A: Presented at this time was a staff report and a resolu- ition for adoption regard1ng consolidat1on of City and County funct1ons. I~ayor Pro Tempore Reed moved to adopt Resolution Xo. 5302(CCS) entitled: ~A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA OPPOSING 'CONSOLIDATIO~ OF GOVERNME~T SERVICES IN CERTAIN AREAS PROPOSED BY THE LOS ANGELES CITY-COU~TY CONSOLIDATIO~ CO~~IISSIOX", reading by title only and waiving further reading thereof. Second by Councllmember Bambr1ck. CounCil Vote: Unanimously approved 6-0 Absent: CounCllmember Swink Agenda Item ll-B: Presented at thIS time was a staff report and recommen-I dations regarding proposed low and moderate Income housing actIVItIes. a I : portion of which discussion was deferred from the Council meeting held ' April 24, 1979. The floor was opened to the public and Gaye Deal, Harian i Winston, and Robert H1rsch addressed the Council. Following Counc1l dis- cuss1on, Mayor Pro Tempore Reed moved to direct staff to return to the CounCil with a proposal for acquiring land for low and moderate Income hOUSIng in the coastal zone that w1ll accommodate a mInImum of 22 to 25 housing units, With a maximum fundIng authorization of $650,000. Second by Mayor van den Steenhoven. FollOWing discussion, the motion was approve by the following vote: CounCil Vote: Affirmative: Counci1members Bambrick, Scott, Mayor Pro Tempore Reed and Mayor van den Bteenhoven Kegative: Councilmembers Jennings and Yannatta Absent: Councilmembers SWink mey dIrec-1Agenda Item ll-C: Presented at thIS tIme was a recommendation that the epare ordl-I C1ty Attorney be directed to prepare an ordinance consolidating certain solldating I City accounting funds. After diSCUSSIon, ~ayor Pro Tempore Reed moved Jilting ftmd~that the City.Attor~ey be dire~ted to Investigate the legality of consoli-, I dation of varIOUS Clty accounting funds With the General Fund anG report 10 79 to the City Council wIthIn 4S days. Second by Mayor van den Steenhoven. CouncIl Vote: UnanImously approved 6-0 Absent: CounCIlmember Swink Agenda Item 11-D: Presented at the tIme was a contract for award for Contract No. , lease of a beach equIpment rental concession to Capt 'n Jim's Beach Rental. lease of beal ; A member of the public, Michael FeInberg, requested that bIdding be Iment rental., reopened to consider more than t\<iO bidders. Following dIscussion. ;.layor ito Capt'n J"ll Pro Tempore Reed moved to approve the staff recommendation; i.e., acceptlnglRentals. the bId of Capt'n Jim's Beach Rentals for lease of a beach equIpment i rental conceSSIon by award of Contract ~o. 32l8(CCS) and authorIzIng i the City Manager to execute the approprIate documents on behalf of the Cit, Second by Mayor van den Steenhoven. The motIon was approved by the follOWIng vote: I I I I CounCIl Vote: Affirmative: CouncIlmembers BambrIck, Jennings, Scott, Mayor Pro Tempore Reed, 1>eyor v:m den Steenhaven. CouncIlmember Yannatta AbstaIn: Absent: Councilmember Swink Agenda Item 11-E: (DIscussed earlier In the meetIng.) Agenda Item 12-.:\: Presented at thIS tIme \vas the request of J. Ray Report reque Gallagher to address the CounCIl regardIng the City's utIlity tax. J. Ray cerning pass Gallagher spoke in regard to the forthcomIng 1978-79 budget process and !lity rebate I the pOSSIbilIty of repealIng the City's utIlIty tax. During dIScussion, ['CItIzens CouncIlmember Yannatta requested a report from staff regardIng pOSSIble , faCIlItatIon of the utilIty tax rebate to senIor CItIzens. ! I Agenda Item 12-B: Presented at thIS tIme \,as the request of Alison ! City staff d Arnold and Paul Kessler to dISCUSS CIty Durchase of :\estle products. Ms. Arnold and Paull not to purch Kessler requested that the CIty discontInue purchase of all ~estle : products. products in VIew of exploitatIve marketing and merchandising of ItS product overseas In developing countrIes. FollOWIng dIscussion, CouncIl- member JennIngs moved to dIrect City staff not to purchase ~estle's products. Second by Counci1member Bambrick. Council Vote: UnanImously approved 6-0 Absent: CouncIlmember Swink Agenda Item l2-C' Presented at this tIme was the request of FamIly Services of Santa MonIca for use of the CiVIC AudItorIum County Parking Lot on August 18, 1979. Mayor van den Steenhoven moved that the matter be referred to the staff. that the Auditorium FaCIlIties DIrector meet \\"1 th FamIly SerVIces of Santa MonIca to dra\" up the speCIfics of a program and that staff return to the City CounCIl WIth a definItIve recommendation In regard to their use of th~ CIvic AudItorium County parklng Lot by Family SerVIces on August 18. 1979. Second by Mayor Pro Tempore Reed. CounCIl Vote: UnanImously approved 6-0 Absent: Councilmember S\<iink Agenda Item 13-.:\: (DIscussed earlier In the meeting). Agenda Item l3-B: Presented at this tIme Kas the request of CouncIlJTle'1'\1-,e Discuss~on 1 Jennings regardIng dlYectIon to the Planning Commission to make speclflc : concern~ng <: i conversIons. 11 indings wIth respect to new condominiums and condominium conversions as utlined In Government Code Section 66474. Councilmember JennIngs moved o requIre the PlannIng Commission to make specific fIndings wIth respect o new condomIniums and condominIum conversions as outlIned In Government ode Section 66474. Second by Councllmember BambrIck. FollowIng dlscussio , he motion was approved by the followIng vote: CouncIl Vote: Unanimously approved 6-0 Absent: Councllmember SWInk here being no objection, Agenda Items 13-( and 13-1 were combIned for ISCUSSlon at thIS tIme. n regarding'genda Items 13-C and 13-1: Presented at this tIme were the request of on stan- ouncllmember JennIngs for discussIon regarding reVISIon of standards for condoml- ondominium conversion and the request of Councilmember Yannatta that the ersions. lannlng CommISSIon hold hearIngs on condomInIum standards and for an mergency moratorIum on new condomInium applIcatIons. Following discusslo , ouncl1member JennIngs moved to dIrect the Planning CommIssion to hold a ublic hearing at the earliest practicable tIme for the purpose of deter- lng and recommendIng to the City CounCIl the standards that should be nacted for converSIon of apartments buildIngs Into condomInIums and for ew condomInium development in the CIty. Second by Mayor van den Steenhoven. CounCIl Vote: Unanimously approved 6-0 Absent. Councllmember Swink ouncllmember Yannatta moved to adopt OrdInance Xo. 1124(CCS); entItled' 'A~ ORDINAXCE OF THE CITY COUNCIL OF SA~TA MONICA CREATING A MO~~TORIUM O~ HE APPROVAL OF OR PRO(ESSI~G OF CERTAI~ CONDOMI~IUM PROJECTS AND DECLARIXG HE PRESE:\CE OF AK EMERGE;-;CY," ImpOSIng a 120-day moratorium on condominlu onverSlons or removal of controlled rental units, readIng by title only nd waiving further readIng thereof. Second by Councllmember Jennings. he public hearIng was opened at 1:25 A.M. There beIng no one present ~ishing to speak regarding the subJect, the public hearIng was closed at :27 A.M. CounCIl dlScusSlon was held. There beIng no obJection, ~ayor "an den Steenhoven dIrected that the City Attorney prepare an ordInance egardIng a moratorium on new condomInIum proJects to be introduced at the lty Councll meeting to be held May 22, 1979. The main motion was then pproved by the follOWIng vote: Council Vote: UnanImously approved 6-0 Absent: kgenda Item 13-D: I I f' genda Item 13-E: Presented at this time was the request of Councilmember 'annatta for dlScussIon of closing MaIn Street on summer weekends to pro- ate pedestrlan shopplng activlty. Mayor Pro Tempore Reed moved to hear embers of the publlc who had requested to speak to the subject. Second y Councilmember Bambrick. I ::::::: Voto, ~::::::::::e:P:::::d 6-0 Councllmember Swink (Discussed earlier in the meetIng). I Ehrlnger, Bob Scura and Pete Barrett spoke In opposition to the proposalll o close MaIn Street on summer weekends. Discussion was held and no actIon .:as taken. i2 81 Agenda Item 13-F: Presented at thIS time was the request of Councilmem- ber Yannatta for discussIon regardIng the permit process for condominIum . conversions within the PlannIng Commission and the Rent Control Board. I Councilmember Yannatta withdrew the matter in VIew of the Council's actIon I In regard to Agenda Items 13-C and 13-1. Agenda Item 13-G: Presented at this time was the request of Councilmember JennIngs for discussion regarding an odd/even plan for gasoline service statIons to eliminate panic bUYIng and topping off of gasolIne tanks. CouncIlmember JennIngs withdrew the subject in view of Governor Brown's enactment of the odd/even plan in the State of California. <\genda Item l3-H: Presented at this tIme Nas the request of r..fayor Pro I MotIon adopt- Tempore Reed for dIScussion regarding Assembly Bill 103 relating to the smg AS 103. powers of the Los Angeles County Transportation Commission. Following I discussion, Councilmember Scott moved to inform legislators of the Council'f opposition to Assemby Bill 103 until reinstatement of the MunIcipal protec1 tion Clause relating to service areas. Second by Mayor Pro Tempore Reed. ! CouncIl Vote: Unanimously approved 6-0 I Absent: Councilmember Swink ~genda Item 13-1 (Discussed earlier in the meeting). Agenda Item 13-J: Presented at this time was the request of Mayor van den Steenhoven for discussion of proposed modifications to the lease between RIchard Koch (Westwind SallIng School) and the City of Santa Monica. Following discussIon, Mayor van den Steenhoven moved to refer the matter to staff to resolve differences through negotiation with the lessee incor- porating in the lease specIfic time lines for performance relatIng to the dock. Second by Councilmember Yannatta. Richard Koch, leaseholder, re- quested that hIS lease be modified to permit him to operate motor boat ride Ifrom Westwind Sailing School at the PIer. With the consent of the second, fayor van den Steenhoven moved an amendment to direct staff to return to the Council with a negotiated lease Nith Mr. Koch and, it that cannot be accomplished, to delIneate for CouncIl the points of irreconcilable diffe- rences; also, to address the liabilIty question on the present mini-dock. The motIon, as amended, was approved as follows. DIScussIon o' cations to 1, between RIC"h and the CIty MonIca. Council Vote: UnanImously approved 6-0 Absent: Councilmember Swink . genda Item 13-K: ~ayor van den Steenhoven withdrew his request for dis- cussion of proposed core drilling at Riveria Country Club. genda Item 13-L: The request of the City Attorney for an executive sessio1 to discuss pending litigation was withdrawn at the request of staff. A.genda Item 13-1>--1: }-Iayor van den Steenhoven moved to adopt the following , ~eso!utlonf resolutions, reading by title only and waiving further reading thereof: 5304, an~ ~~ esolution No. 5303(CCS) entitled:"A RESOLUTION OF THE CITY COUNCIL OF THE mendmg Scln CITY OF SANTA MONICA COJ>.~IENDING SCHILLER A. COLBERG FOR HIS DEDICATED AND ~COlberg, Dav ISTII\GUISHED SERVICE TO THE CITY OF SANTA MONICA", Resolution No. 5304 (CCS Houtz and Jo entitled: "A RESOLUTION OF THE CITY COUi\'CIL OF THE CITY OF SANTA MONICA Noonan. CO~fMENDING-DAVID E-. HOUTZ FOR HIS DEDICATED AND DISTINGUISHED SERVICE TO f HE CITY OF SANTA MONICA," and Resolution :'-10. 5305(CC5) entitlea: "A ESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CO~~fENDIi\'G JOHN T. NOOXAi\' FOR HIS DEDICATED AND DISTINGUISHED SERVICE TO THF CITY OF SANTA raNI CAn . Second by Councilmember IB,ambriCk. i Council Vote: Unanimously approved 6-0 Absent: Councilmember Swink At 2:05 A.M., on motion of Councilmember Yannatta, second by counCilmemberi ambrick, the meeting was adjourned in memory of the following indIviduals: n behalf of Counc~lmember Bambrick, Albin T. Selmyhr, long-time resident f the City, Angus MacDonald, long-time resident of the City, and Reveren valter Troeger, long-time resident of the City and the former pastor o{ ilgrim Lutheran Church, 89 years of age, active in the Red Cross,the ptim~st Club and many service organizations_-i;n the City. Council Vote: Unanimously approved 6-0 Absent: Councilmember SWlnk APPROVED: -:j r /2t! ~y Lf'Z1v~,j,j/;:c::[ h7~ Pieter van den Steenhoven Mayor 14