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M-7/24/1979 CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS JULY 24, 1979 A regular meeting uf the Santa Monica 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 America. Mayor van den Steenhoven then ~ntroduced Reverend William Doty, First Baptist Churchl of Santa Monica, who offered the invocation. I I ! Roll Call: Mayor Pieter van den Steenhoven Mayor Pro Tempore Christine Reed Counc~lmember John J. Bambrick Counc~lmember Ruth Yannatta Goldway Councilmember William H. Jennings Counc~lmember Perry Scott Councilmember Donna O'Brien S~ink Present: Absent: City Manager Charles K. McClain Act~ng City Attorney Shari Silver Ass~stant City Clerk Ann Shore City Attorney Richard Kn~ckerbocker City Clerk Joyce Snider Consent Calendar: The Consent Calendar was presented by Ass~stant City Clerk Shore after wh~ch Mayor Pro Tempore Reed moved to approve the Consent Calendar with the exception of Agenda Item 6-A, 6-D, 6-E and 6-3, adopting the re- solutions therein, reading by title only and waiving further reading thereof. Second by Councilmember Swink. Council Vote: Unanimously approved. Agenda Item 6-A: Presented at this time for approval were minutes of C~ty Council meetings held April 24, 25, May 3 and May 8, 1979. Member of the public Alison Arnold requested that the minutes of May 8, 1979 1ndicate that Alison Arnold and Paul Kessler requested discussion of City purchase of Nestle products. Mayor Pro Tempore Reed moved to approve the minutes of April 24, 25 and r.lay 3, 1979 as mailed and to approve the minutes of May 8, 1979 amended on page 7, first paragraph, to indicate that the negative votes were Councilmembers Jennings, Vannatta and Mayor Pro Tempore Reed and on Page II, Agenda Item 12-B, to indicate that Alison Arnold and Paul Kessler requested discussion of the City purchase of Nestle products. Second by Councilmember Swink. Counc~l Vote: Unan1mously approved 7-0 Agenda Item 6-B' A request for reimbursement of the followingdepar.tmental I Revolving Cash Funds: Administrative Services - $149.55; City Yards - 1$33.64; Police - $123.99; Recreation & Parks - $222.87; Transportation - $39.39; Library - $123.17, was approved. Agenda Item 6-C: Resolution No. 5347(CC5) entitled: "A RESOLUTION OF THE! CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROYING SUB- DIVISION ~~P OF PARCEL NO. 11245", for subdivision into three parcels for lease and financing purposes only at 2928-3220 Ocean Park Boulevard, by Barclay-Curci Investment Co., was adopted. Agenda Item 6-D: The request for City Council approval of F~na1 Tract Map No. 29016 submitted by Dan Emmett, Kahala Homes, Inc. for a slx-unit condominium conversion at 947 Fifteenth Street was withdrawn at the re- quest of staff. Agenda Item 6-E: Presented at this time was a resolution approving Final Tract Map No. 33847 submitted by Samuel and Pamela Goldstein for a six-unit condom~nium conversion at 938 S~xteenth Street. Members of 1 Presented fe were minutes Council meet April 24, 25 and :-Iay 8, 1 Reimbursemen departmental Cash Funds. Resolution ~; accepfing& subdivision Parcel No. 1 1'1'1 thdrmm, F Map No. 2901 Resolution ~' approving Fi r.1ap 1\'0. 3384 ~o. 5349 approving map of :359 ~o. 5350 approving map of :966 ~o. 5351 Id approving map of ' ,120 ~o. 5352 , !d approvini' map of ,622 _hdrmvn ct ~fap ~o. 5353 'a.ring for -lion of _ ing and work ill the by Lincolry. the public, Anthony Mancuso and Deborah Po11owitz, alleged that they had not been advised by the landlord of the intent to convert these units to condomlniums. Following d~scussion, including participation by Samuel Goldstein and Gerald Weiner, Mayor van den Steenhoven moved to adopt Resolution ~o. 5348(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 33847", for a six-unit condominium project at 938 Sixteenth Street by Samuel and Pamela Goldstein. Second by Council- member Bambrick. The motion was approved by the follow~ng vote: Council Vote: Affirmative: Counc~lmembers Bambrick, Scott, Swink, and Mayor van den Steenhoven l\egative: Counc~lmembers Jennings, Yannatta and Mayor Pro Tempore Reed Agenda Item 6-F: Resolution No. 5349(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION ~~P OF T~~CT NO. 34359", for a six-unit new condominium proJect at 1332 Berkeley Street, by Denny Da-Nien Lord and Anne Cheng Lord, was adepted. Agenda Item 6-G: Resolution No. 5350(CCS) entitled: "A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTI~G AND APPROVIXG SUBDIVISION ~~P OF T~~CT NO. 34966", for a six-unit new condominium project at 1326-1328 Ninth Street, by Ming-Tar Ho and Sheu-Yin Cheng Ho, ,,,as adopted. Agenda Item 6-H: Resolution No. 5351(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION ~~P OF TRACT NO. 35120", for a six-unit new condominium project at 948 Nineteenth Street, by Emery Wong, was adopted. Agenda Item 6-I: Resolution No. 5352(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION ~~p OF TRACT ~O. 35622", for a 10-unit new condominium project at 2519 Kansas Avenue, by Robert J. Sacker and Anthony R. Brackett, was adopted. Agenda Item 6-3: The request for City Council approval of Final Tract Map 36476 submitted by Ying-Tak Lau and Michael Lau for a 10-un~t condom~nium convers~on at 1133 Twenty-second Street was withdrawn at the request of staff. Agenda Item 6-K: Resolution No, 5353(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF DETE~~I~ING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREET LIGHTING AND APPURTENANT WORK IN THE AREA BOUNDED BY LINCOLN BOULEVARD, SOUTHEASTERLY CITY LIMITS, HIGHLAND AVENUE, AND MARINE PLACE NORTH, ALL WITHIN THE CITY OF SANTA MONICA", and Resolution No. 5354(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK IN THE AREA BOUNDED BY LINCOLN BLVD., THE SOUTHEASTERLY CITY LIMITS, HIGHLAND AVENUE, AND ~L~RINE PLACE NORTH, WITHIN THE CITY OF SANTA MONICA, AND DETER}fINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR AND DECLARING THE WORK TO BE OF MORE THA~ LOCAL OR ORDINARY PUBLIC BEKEFIT AND THAT ONE-HALF THE EXPENSE THEREOF SK~LL BE ASSESSED UPON A DISTRICT", were adopted thereby setting a public hearing on August 28, 1979. Agenda Item 6-L: Resolution No. 5355(CCS) entitled: "A RESOLUTION OF ill. ~35~. THE CITY COUNCIL OF THE CITY OF SANTA MONICA RATIFYING THE COMPROMISE Ie ~~rmn e OF CLAIMS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED June 1', 1979 - '~. e h June 15, 1979", and Reso1ut~oR No. 5356 (CCS) entitled: " A RESOLUTION OF I i1tr9~9 e~ THE CITY COUt\CIL OF THE CITY OF SANTA MONICA RETIFYI!\G THE COylPROMISE OF . 19' CLAIMS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED June 15, 1979 - June . 30, 1979", was adopted. 2 Resolution Nc I requesllng aJ I tion and pay County aid t,_ funds for th, nance of sel, streets. Resolution N( approving th<: purchase of eating maChlJ Agenda Item 6-0: Resolution No. 5359(CCS) entitled: "A RESOLUTION OF ,Resolution N, THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING COMPETITIVE BID i waiv:ing COlllpi PROCEDURE AND AUTHORI ZING PURCHASE OF CAST IRON WATER FITTH\GS", was ibid procedurr adopted and Contract No. 3375 ,,,as awarded to Pacific Pipeline construct10j iron ,..rater Ii Co. by issuance of P.O. Ko. 41300. Agenda Item 6-P: Contract No. 3376(CCS) (Bid No. 1471) for printing of Contr~~t No. "Seascape" was awarded to Independent Journal Ne\<lspapers by issuance printing of 1 of P. o. No. 41301 in the amount of $4,303.76. Agenda Item 6-Q: The settlement of a case entitled Gary Levesque v. Cityl Settlement 0' of Santa Mon~ca - Case No. C49753, was approved as recommended by staff ! Gary Leves~h and the DIrector of Finance was instructed to draw a warrant made payable: of Santa i\-bni to Gary Levesque and his attorney of record, Alan Smotkin, in the sum of No. C49753 $3,000.00 ~n full and complete settlement of the case. Agenda Item 6-M: Resolution No_ 5357(CCS) ent~tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE ~~INTENANCE OF SELECT SYSTEM STREETS (C-88)", was adopted. Agenda Item 6-N: Resolution i'{o. 5358(CCS) entitled- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE LEASE/PURCHASE OF A DUPLICATING ~i~CHINE AND AUTHORIZING EXECUTION OF AGREEMENT", was adopted and Contract No. 3374(CCS) was awarded to Xerox Corporation by ~ssuance of P. 0, No. 40564. Agenda Item 6-R: The settlement of a case ent~tled James Hickey v. City of Santa Monica, Case No. WEe 44758, was approved as recommended by staff and the Director of Finance was instructed to draw a warrant made payable to James Hickey and h~s attorney of record, Sol Ajalat, in the sum of $4,500.00 in full and complete settlement of the case. Council Vote: Councilmember Yannatta and Mayor Pro Tempore Reed Aff~rmative: Negative: Counc~lmembers Bambrick, Jennings, . Scott, Swink and Mayor van den Steenhoven Following discussion Councilmember Yannatta moved to amend the Santa Mon~ca State Beach Resource Management and Development Plan, Draft No.2, by deletion on page 19, Section (b), second paragraph, of the option to relocate 400 parking bays from south of the Pier to northern beach front parking lots. Second by Mayor Pro Tempore Reed. During discussion, with the consent of the maker and the second, themotlon was amended as follows: On page 2, end of second paragraph, delete the word 3 Settlement 0' entitled JaJTK v. City of s- o }.10nica, Case 44758 Publ1c heariJ consider San' State Beach F Management dJ ment Plan. ing to hear of Joseph the denial uling of an appl1 a condomi- :SlOn at 305 e Boulevard e Tract .n "potent1al" before "earthquakes"; on sentence regarding yearly attendance the \\'ord "s\-nmming" in Section (e). by the fol10w~ng vote: page 4 rephrase for clarity the f~gures; and on page 14, add The motion as amended was approved Council Vote: Affirmative' Counci1members Bambrick, Jennings, Sw~nk, Yannatta, Mayor Pro Tempore Reed and Mayor van den Steenhoven l\egat~ve: Councilmember Scott Mayor Pro Tempore Reed moved to approve the Santa Monica State Beach Resource Management and Development Plan as amended and to request the the Director of Recreat~on and Parks to submit the Plan to the State Department of Parks and Recreation for approval. Second by Council- member Bambr~ck. Counc~l Vote: Unanimously approved 7-0 Agenda Item 7-B: Presented at this t~me was a public hearing to hear the appeal of Joseph Lyons from the denial by the Planning Commission of an application for a condominium converSIon at 305 San Vicente Boulevard by Tentat~ve Tract Map No. 36671, continued from the meeting of June 26, 1979. The public hearing, opened on June 26, 1979, was continued at 8:55 P.rl. by order of Mayor van den Steenhoven. Peter Notaras, attorney represent~ng the appellant , requested that the record show his disagreement w~th the position of the Council to deny his request for cross examinat~on and sworn testimony ~n regard to the public hear~ng. Robert C. Lesser, Paul Bosnian and Ernest Siracusa, represent~ng the appellant, spoke in support of approval of the applicat10n SaYlllg that all condItIons had been complied with, comparable buildings in the City had been converted to condominiums, and similar rental alternatives exist in the C~ty for tenants who would be displaced. Discussion ensued between Councilmembers and representatives of the appellant. During discussion, Mayor Pro Tempore Reed noted for the record that there ~s a large discrepancy between the report of the developers and correspondence received from tenants regarding their interest in purchasing units in the project if it is converted into a condominium. Members of the public, Patrick J. Burke, Betsy R0binson, Samuel J. Lee, James Luck, and J. W. Patrick J. Gribble tequested denial of the appeal claim~ng that hardship that will be caused to the present tenants who would be displaced. During discussion, Mayor van den ! Steenhoven ordered that the following exhibits be entered into the record~ Exhib~t 1: a letter from Al~son Arnold: Exhibit 2: p1ctures labelled I "establ~shed ne\'J, old and under construction" taken July 8. Exhibit 3: A report by Robert Charles Lesser and Company entitled, "Proposed Condominium Conversion of the Imper1a1 Apartments at 305 San V1cente, Santa Monica, CalIfornia "dated July 19, 1979 and Exhibit 4: Three . letters and a brief from Peter Andrew Kotaras dated July 23, 1979. Ther~ being no one else wishing to speak on the subject, Mayor Pro Tempore Reed moved to close the public hearIng at 9:59 P.M. Second by Council- member Yannatta. Council Vote: Unanimously approved 7-0 Counci1member Yannatta moved to deny the appeal and to affirm the decision of the Planning Commission to deny an appl~cat1on for a con- dominium conversion at 305 San Vincente Boulevard by Tentative Tract Map No. 36671. Councilmember Yannatta ~mmediately withdrew the motion. Councilmember Jennings moved to deny the appeal of Joseph Lyons and affirm the denial of the Planning Commission of an applicat~on for a condominium conversion at 305 San Vincente Boulevard by Tentative Tract Map Ko. 36671 due to the following findings: the large number of tenants over the age of 50 in this building as documented by Mr. Notaras' letter I of July 23, 1979; the length of tenancy of the tenants, over fifty , percent having resided in this building for five years or more; the out- I come of the recent election in which a majority of persons voted to 4 i~~ose rent control and controls on the conversion of rental units to condom~nium units; the need to preserve the rental housing stock of Santa Monica, as indicated by the recent election; the stated intent of the City and the HousIng Plan of the City to 1nsure a var~ed housing stock; the recognition that the granting of a Subdivision Tract ~ap is a discret~onary act under the state law and that granting this particular subdivis~on tract map ~s 11kely to cause substantial damage to the social environment in Santa Mon~ca as spec1f~ed ~n Government Code Sect~on 66474, Subpart E; and further, the recogn~tion that granting of th~s Subdivis~on Tract Map ~s likely to have a deleter~ous effect on sound community planning, the economic, ecological, cultural and aesthet~c qualities of the community, and on the public health, safety and welfare of the community, and, specifically, a deleterious impact on the neighbor hood parks, utilities, streets, traff~c, parking and other commun~ty faci11ties and resources in the immed~ate vicinity of 305 San V~ncente Boulevard as required by Santa Monica Mun~cipal Code Section 9123A. Second by Mayor Pro Tempore Reed. Following lengthy discussIon, the motion was approved by the following vote: ~egat1ve: Councilmembers Bambrick, Jenn~ngs, Yannatta, Mayor Pro Tempore Reed, and Mayor van den Steenhoven Counci1members Scott and Swink Counc~l Vote: Affirmative Agenda Item 7-C: Presented at this time was a pub1~c hearing to hear appeal of Joseph Lyons from the denial by the P1ann~ng Commission of an application for a condominium conversion at 621 San Vicente Boulevard by Tentative Tract Map ~o. 36672. The proof of publication was ordered filed by Mayor van den Steenhoven. The pub1~c hearIng was opened at 10:23 P.M. by order of Mayor van den Steenhoven. Peter A. Xotaras, attorney representing the appellant, requested that the same comments made by him and his associates during the public hearing in regard to Agenda Item 7-B be entered into the record. Dr. S. James Vamvas and Paul Bosnian said they support the appeal in order to rece~ve a financial return on their investments in this building. Members of the public, George E. Sperling Jr., Joyce Henderson, Mrs. Axel Gruenberg, Lawrence Nart and Harry Rose requested denial of the app1Icationsay~ng that hardsh~p WIll be caused to the present tenants ~ho would be dIsplaced. John Hult objected to the Council motion on Agenda Item 7-D, allegLng that f1ndings are unfounded and that home ownership would result in a more favorable env~ronment. Mavor van den Steenhoven ordered entered into the record exhibits one through four as described In agenda item I 7-B, except the report by Robert Charles Lesser and Company which pertainr' only to 621 San V~ncente Blvd. There being no one else wIshing to speak on the subJect, Mayor Pro Tempore Reed moved to close the public hearing at 11:02 P.~f. Second by Counci1member Yannata. the: Public hearir , the appeal 0 I Lyons from tt bv the Pl::mni stan of ~ dJ. for a condomi verSlOn at 6;; Vincente Bolll Tentative TrA .36672. Council Vote: Unanimously approved 7-0 Mayor Pro Tempore Reed moved to cont~nue discussion past the 11:00 hour Second by Councilmember Yannatta. Council Vote: Unanimously approved 7-0 Follow1ng d~scuss~on, Councilmember Jenn~ngs moved to deny the appeal of Joseph Lyons and affirm denial by the Planning Commission of an application for a condominium convers~on at 62l San Vincente Boulevard by Tentative Tract Map No. 36672 due to the following findings: The age of the tenants as documented by Mr. Notaras I s letter of July 23, 1979" namely 31 out of39 being age 50 or more and 20 out of 39 being age 60 or more; the ill health of some of the tenants, as stated in their letters on record; the length of tenancy, approximately 40 % of the tenants having resided in this build~ng for five years or more; the out- come of the recent election in which a majority of persons voted to impose rent control and controls on the conversion of rental units to condomInium units; the need to preserve the rental hous~ng stock of 5 lng to hear :Jr ~uchae1 ini, repre- 11'1'; Yedor, ,tial by the ,,',ission :;; Tract Map )r a subdi- ~ondominilnll tng regar- i ...:ition of i -d Abatementl ~ol1. I on for a lease a restu- a Monica ,dstone's 4 Santa Monica, the stated intent of the City and the Housing Plan of the City to insure a varied housing stock; the recognition that the granting of a SubdIvIsion Tract Map is a d~scretionary act under State law and that the grant~ng of this particular Subd~vision Tract ~ap is 1~ke1y to cause substantial damage to the soc~a1 environment of Santa Monica as required under Government Code Sect~on 66474, Subpart E, and further, in recognlt~on that the granting of this partIcular subdivision is i likely to have a deleterious effect on sound commun~ty planning, the t economic, the ecological, cultural and aesthetic qualit1es of the communi y and on the pub1~c health,safety, and general welfare of this community, and spec~f~cal1y a deleterious impact on the neighborhood parks, utilitie , streets, traffic, parking and otner community faci1~t~es and resources in the immediate vicinity of 621 San Vincente Boulevard as required by one of the find~ngs under Santa MonIca Munic~pal Code Sect~on 9123A. Second by Counc~lmember Yannatta. FollowIng discussion, the motion was approved by the following vote: Counc~l Vote: Affirmat1ve: CouncI1members Bambrick, Jennings, Yannatta, Mayor Pro Tempore Reed and Mayor van den Steenhoven Negative: Councilmembers Scott and Swink By order of Mayor van den Steenhoven, the Council recessed at 11'22 P.:-]. The' Council reconvened at 11~26 P.~!. wIth all members present. Agenda Item 7-D: Presented at th~s time was a pub1~c hearing to hear the appeal of M~chael E. Barsocchini, representing appl1cant Thomas Yedor, from the denIal by the Planning Commission of Tentative Tract Map ~o. 36786 for a subdivision for condominium purposes at 1317-19 Palisades Beach Road. The proof of publicatIon was ordered f~led by ~layor van den Steenhoven. The public hearing was opened at 11:34 P.M. by order of Mayor van den Steenhoven who acknowledged the request of the appellant! applicant that the subJect be contInued due to his absence from this meeting. The following members of the public spoke: Jay Cassidy asked to be allowed to speak on the matter when it is returned to Council and after hearing the grounds for the appeal. Joseph Gleeson requested preservatIon of the architectural integrity of the coastal buildings. At 11:36 P.M., Mayor Pro Tempore Reed moved to continue the hearing to the City CouncIl meeting to be held August 14, 1979. Second by ~ayor van den Steenhoven. Council Vote: Unanimously approved 7-0 Agenda Item 7-E: Presented at this time was a publ1C hearing regarding confirmatIon of the 1979 Weed Abatement Assessment Roll. The proof of publication was ordered filed by Mayor van den Steenhoven. The public hearing was opened at ll:38 P.~. by order of Mayor van den Steenhoven. There be~ng no one present w~sh~ng to speak on the subject, the public hearing was closed at 1l:39 P.M. by order of Mayor van den Steenhoven. Mayor Pro Tempore Reed moved to confirm the report of the costs of the work and approve the 1979 Weed Abatement Assessment Roll. Second by Councilmember Yannatta. Counc~l Vote: Unan~mously approved 7-0 Agenda Item II-A: Presented at this time was a recommendation for approval of a lease addendum for a restaurant on Santa Monica Pier dba Gladstone's 4 Fish. Member of the public Walter Schwartz spoke in regard to charging lease rates competitive with public enterprise. Follow~ng discussion, Counc~lmember Yannatta moved to approve a lease addendum with Robert Morris dba Gladstone's 4 F1Sh, a restaurant on Santa Monica Pier, by award of Contract ~o. 3377(CCS), and authorizing the City Manager to execute the appropriate documents. Second by Mayor Pro Tempore Reed. The motion was approved by the following vote: 6 Council Vote: Aff~rmative: Counc~lmembers Bambr1ck, Jennings, Swink, Yannatta, Mayor Pro Tempore Reed and Mayor van den Steenhoven I\egative: Counci1member Scott I Agenda Item ll-B: Presented at th~s time ."as a staff report as requested IResolu~ion Nc by Council on July 10, 1979, on work completed under Tract Map ).10. 35202 !approvlllg sue for a nine-unit condominium convers~on at 844 - 7th St. by :-'Ir. and Mrs. [map of Tract Henry Pascoe. Member of the public Alison Arnold spoke regarding pro- 135202. cedures for issuing building permits after the work has been done. W~ll~~m A. Ross, represent~ng the app1~cant, requested approval of the project ' say~ng that the developer has complied with al] cond1tIons of the Final Tract Map. Follow1ng d1Scussion, Mayor Pro Tempore Reed moved to deny FInal Tract Map No. 35202 for a n~ne-unit condominium conversion at 844 7th St. and direct the applicant to the Rent Control Board for determ~na- i tion and resolution of the legal conflict regarding the effect of the I rent control init~ative with regard to their building before returning th9 matter to the City Council. Second by Counci1member Jenn~ngs. Follow~ng i d~scussion, Mayor van den Steenhoven moved a substitute motion to adopt I Resolution No. 5360 (CCS) enti tied: "A RESOLUTION OF THE CITY COln\CIL OF THIi CIn OF SA\lA m.\Ic.4 ACCEPTING AND APPROVIXG SUBDIVISm, ,,1-U> OF TR;\CT NO. 35202". I approv~ng Final Tract Map No. 35202, for a nine-unit condom~nium converS~ln at 844 - 7th St. by ~r. and Mrs. Henry Pascoe, subject to provisions of the rent control charter amendment, if any. Second by Counci1member Bambr~ck. Following discussion, the substitute motion was approved by the following vote: , Council Vote: Affirmat~ve: Counc~lmembers BambrIck, Scott, Swink and Mayor van den Steenhoven Councilmembers Jennings, Yannatta and Mayor Pro Tempore Reed. Agenda Item 11-C: Presented at this time was the appeal of E1 Patio, Ltd. from a cond~tion attached to a one year extenSIon of Tentative Tract Map No. 35504 for a 34 unit condominium conversion at 937 - 12th The condition stated was that a determination of vested rights, certificate of exemption, or a removal permit from the Rent Control Board be obtained. Member of the public Tamila C. Jensen, representing Robert Wilson, the applicant/appellant, requested approval of the map saying that there was no factual basis nor legal authority for the Planning Comm~ssion to attach a condition related to rent control. Following d~scussion, Mayor Pro Tempore Reed moved to deny the appeal by E1 Patio, Ltd. and affirm the recommendation of the Planning Commission to grant a one-year extension to July 10, 1980, in regard to Tentative Tract Map no. 35504, for a 34-un~t condominium conversion at 937 - 12th Street with the condition as stated. Second by Counci1- member Yannatta. The motion was approved by the following vote: Negative: J\ppeal by El L td. - denied St Council Vote: Affirmative: Counci1members Bambrick, Jennings, Yannatta and Mayor Pro Tempore Reed Negative: Counc~lmember Scott, Swink and Mayor van den Steenhoven Agenda Item 11-0: Presented at this time was a recommendation for approval to submit an application for a Federal Grant to develop energy conservation development regulations. Member of the public Patrick Earl spoke ~n opposition to requesting federal funds for this purpose. Following d~scussion, Mayor van den Steenhoven moved the staff recommendat~on, i.e., authorizing staff to submit an application to the Argonne National Laboratory for a Department of Energy Grant to develop energy conservation development regu1at~ons. Second by Mayor , I Recommendatio I submit applic the Argonne ]\' Laboratory fo Department of Grant to deve conservation tions. 7 rding pro- constructio moderate ing. the City executive arding entatives salaries. John Stark the Council "Hot Line" aircraft complaints. Em"rin K. idress the ard~ng sale 1 estate at venue and Pro Tempore Reed. The motion was approved by the following vote: Council Vote: Aff~rmative: Councilmembers Bambrick, Jennings, Yannatta, Mayor Pro Tempore Reed and Mayor van den Steenhoven ~egative: CounC11members Scott, Swink Agenda Item ll-E: Presented at this time was a report regard~ng proposals, for construct~on of low and moderate income housing, continued from i the Council meetIng of July 10, 1979. Freder~ck Kling, John Hu1t, I George Carter and Carey Peck each presented a proposal for providIng low I and moderate income housing in the City. Members of the public, Isa I Feinstein, Stephen Deen and Walter Schwartz requested that consideration I be gIven to alternate proposals for providing low and moderate income housIng in the C~ty. Fol10w~ng discussion, Counci1member Scott moved to d~rect staff to draft a Request For Proposal for development of low <L'1d J'16d~rate Income housmg at Ocean Park Boulevard anc Barnard Way sites for CouncIl review at a meeting to be held at 7:00 P.M., July 31, 1979, that bids be inv~ted and that City Council rev~ew bids received at their meetIng of September 25, 1979. Second by Mayor Pro Tempore Reed. The mot10n was approved by the follow~ng vote: Council Vote: Aff~rmative: Councilmembers Bambrick, Scott, Swink, Mayor Pro Tempore Reed and Mayor van den Steenhoven Negative: Councllmembers Jennings and Yannatta. Agenda Item Il-F: The request of the City Manager for an executive session in order that the City Council may instruct City representatives concerning salaries, salary schedules or compensation paid in the form of fr~nge benefits was withdrawn by staff. Agenda Item Il-G: W1th the consent of Council, Mayor van den Steenhoven ordered that the request of the City Attorney for an executive sess~on to dISCUSS pending lit~gation be continued to the end of the agenda. Agenda Item 12-A: Presented at this time was the request of John Stark to address the Council regarding a "Hot Line" to receive aircraft operatIons complaints. John Stark requested that the City provide a "Hot L~ne" to rece~ve a~rcraft operations complaints, Councilmember Scott moved to authorize installation of a spec~al telephone line at the a~rport to rece~ve aircraft operations complaints from 8:00 A.M. to 5:00 P.M. weekdays and at the Police Department to receive and record a~rcraft operations complaints weekends and at n~ght; unresolved calls received at the a1rport to be forwarded to the City Manager's off~ce for disposlt~on; all calls received at the Police Department weekends and nights to be documented and forwarded to the City Manager's off~ce for disposit~on; and to approve funding as deemed necessary by the City Manager to establish the special telephone lines. Second by Mayor Pro Tempore Reed. Council Vote: Unanimously approved 7-0 Agenda Item 12-B: Presented at this time was the request of Edwin K. Marzec to address the Council regarding sale of City real estate at Wadsworth Avenue and Barnard Way. Edwin Marzec spoke regarding admin~strative procedures on handling sale of City real estate. Fol1ow~ng discussion, Councilmember Scott moved to refer the matter of the sale of C~ty real estate at Wadsworth Avenue and Barnard Nay to staff for a report to the Council. Second by Counci1member Swink. Council Vote: Unanimously approved 7-0 8 Agenda Item 12-C: Presented at th1S time was the request of the Santa Mon~ca Neighborhood Coalition to address the Council regarding a charter amendment to the City rent control ordinance. Hector D1az, representing the Santa Monica Neighborhood Coa1~tion, requested clar~fication of the deadl~ne for submission of a rent control charter amendment to the office of the City Clerk in order that 1t be included on the ballot of the Spec~al Statewide Election to be held November 6, 1979. Following discussion, Mayor van den Steenhoven moved to grant the Santa Monica Ne1ghborhood Coalition an extension of time to August 7, 1979, in which t subm~t a petition regarding a Rent Control Charter Amendment to the C~ty Clerk, to hold a Council meet~ng at 7:30 P.M. Thursday, August 23, 1979, to receive a staff report in regard to submission of the petition and verification of signatures and to consider placement of a measure on the ballot of the Special Election to be held November 6, 1979. Second by Counc~lmember Scott. The mot~on was approved by the following vote: Council Vote: Affirmative: Councilmembers Bambrick, Scott, Swink, Mayor Pro Tempore Reed and Mayor van den Steenhoven Negative: Councilmernbers Jennings and Yannatta Agenda Item 13-A: Presented at th1S time was the selection of three Fa~r Election Practices Commission members. A drawing was conducted by Ass~stant City Clerk Shore pursuant to Section 11203 of the Santa Monica Mun1cIpal Election Code and the names of the following persons were drawn for a term to exp~re June 30, 1985: Judy Neveau, Michael S. Bromberg and l'.'llma Atlas. Agenda Item 12-A: Presented at this time was the request of the City Attorney for an executive session to discuss pending litigation. At 2:14 A.M. Mayor Pro Tempore Reed moved to recess to executive session to d~scuss pending litigation. Second by Counci1member Swink. Council Vote: Unanimously approved 7-0 The Council reconvened at 2:47 A.M. with all members present. Mayor van den Steenhoven announced that no actIon had been taken. At 2:48 A.M. on mot~on of Mayor Pro Tempore Reed, second by Counci1member S~ink the meet- ing was adjourned in memory of Raymond R. Maurer, a 27 year employee of the Santa Monica Library. Council Vote: Unanimously approved 7-0 ATTEST: APPROVED: ~ l.oy~ Snider CIty Clerk /;;~^ / /;:Z/( /;zb,jji;MA:?-U~___ Pieter van den Steennoven l'-layor 9 Request of th l'-Ionica Neigh!: Coalition to the Council L a charter ame the Santa I1'lon control ordir Selection of ; Fair Electior ! Corrnnission.