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