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m-051281CITY OF SANTA MONICA CITY COUNCIL PROCEEDINGS MAY 12, 1981 A meeting of the SantaMonica City Council was called to order at 7:02 P.M. Tuesday, May 12, 1981. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press (arrived at 7:10 P.M.) Councilmember Christine E. Reed (arrived at 7:35 P.M.) Councilmember Dennis Zane City Manager Charles K. McClain Acting City Attorney Robert M. Myers City Clerk Ann M. Shore CLOSED SESSION: Mayor Yannatta Goldway announced the purpose of the Special Call Meeting to hold a Closed Session to discuss pending litigation and personnel matters. At 7:04 P.M., Councilmember Conn moved to recess to Closed Session for the stated purposes. Second by Councilmember Zane. The motion was approved by unanimous vote (Councilmembers Press and Reed absent). The Council reconvened at 7:35 P.M. with the following members present: Councilmembers Edwards, Conn, Jennings, Reed (having arrived following the Closed Session), Press (having arrived during Closed Session), Zane, and Mayor Yannatta Goldway. Councilmember Press moved, in regard to action taken in Closed Session, to approve the completion of the employee probation period for City Clerk Ann M. Shore granting permanent employee status and an annual step increase. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Abstain: Councilmember Reed Councilmember Press moved to authorize final payment in the amount of $6,000 to Richard Knickerbocker for outside counsel services. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Abstain: Councilmember Reed 1 May 12 1981 t Councilmember Reed stated for the record that the reason she abstained from both motions is because she considers the special meeting to be illegal due to lack of appropriate notice being given to her. At 7:36 P.M., Councilmember Conn moved to adjourn the special call meeting and adjourn to 8:10 P.M. later that evening to hold the regularly scheduled Council meeting. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of America and introduced Reverend,Clarence Davis, Calvary Baptist Church, who offered the invocation. The Council met as the Housing Authority at 7:37 P.M. and adjourned the Authority meeting at 8:20 P.M. The Council met as the Redevelopment Agency at 8:20 P.M. and adjourned the Agency meeting at 8:31 P.M. The Council met in regular session at 8:31 P.M. with the following members present: Councilmember Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway. Mayor Pro Tempore Edwards moved to add Items 6 -Z and 13 -C to the agenda. Second by Councilmember Conn. The motion was approved by unanimous vote. 5 -A: COMMISSION ON OLDER AMERICANS: Presented was an appointment to the Commission on Older Americans, continued from May 5, 1981, for reconsideration in view of Tima Tomash's decision not to accept the appointment made April 28, 1981, (later reconsidered by Ms. Tomash). Mayor Yannatta Goldway opened nominations. Councilmember Edwards nominated Morris Rosen. Councilmember Reed nominated Florence Cardine Councilmember Zane nominated Margo Leburg and Mayor Yannatta Goldway nominated Tima Tomash. The vote on the nominations was as follows: Morris Rosen: Councilmembers Edwards and Press Florence Cardine: Councilmembers Jennings and Reed Margo Leburg: Councilmembers Conn and Zane Tima Tomash: Mayor Yannatta Goldway There being insufficient votes to make the appointment, the vote was again called: Morris Rosen: Councilmembers Edwards, Jennings, Press and Mayor Yannatta Goldway Florence Cardine: Councilmember Reed Margo Leburg: Councilmember Zane Morris Rosen was appointed to the Commission on Older Americans for an unexpired term ending June 30, 1983. 5 -B: APPEALS OF LANDMARKS DESIGNATION: Presented was the appeal of Frank S. DaVanzo, attorney for the estate of Lillian McCambridge, from the Landmarks Commission's designation of a single - family residential 2 May 12 1981 structure at 2424 Fourth Street as a City Landmark (Case No. LC -01 -024) continued from April 28, 1981. The proofs of publication and mailing were filed by order of Mayor Yannatta Goldway. The public hearing was resumed, having been opened on April 28, 1981. David Cameron, member of the Landmarks Commission, spoke in support of the appointment of this structure as a City Landmark. Discussion was held. It was noted that the appellant was not present. Councilmember Reed entered into the record that a written notice had been received from Blanche Gieseke, 2513 Third Street as well as a file from the appellant objecting to the landmarks designation. There being no one else present wishing to speak on the subject, Councilmember Conn moved to close the public hearing at 8:40 P.M. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. Councilmember Conn moved to designate as a City Landmark a single - family residence at 2424 Fourth Street affirming the recommendation of the Landmarks Commission and denying the appeal including findings presented in the report of the City Attorney dated May 12, 1981. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmember Jennings 6. CONSENT CALENDAR: The Consent Calendar was presented for consideration. Councilmember Conn moved to approve the Consent Calendar with the exception of Items 6 -A, 6 -J, 6 -K, 6 -L, 6 -M, 6 -N, 6 -Q and 6 -T, adopting resolutions and ordinances therein, reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 7 -0 6 -A: Continued to May 19, 1981. 6 -B: REVOLVING CASH FUNDS: A request for reimbursement of the following Department Revolving Cash Funds: Administrative Services $257.28; Recreation & Parks $191.34 and Police $121.10, was approved. 6 -C: GUTTER DISTRICTS: Resolution No. 6252(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A DATE TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS IN GUTTER ASSESSMENT DISTRICT NO. 4 ON MAIN STREET BETWEEN PICO BOULEVARD AND HOLLISTER AVENUE AND GUTTER ASSESSMENT DISTRICT NO. 5 ON BROADWAY BETWEEN LINCOLN BOULEVARD AND ELEVENTH STREET ", was adopted, setting a hearing date for June 9, 1981. 6 -D: SIDEWALK DRIVEWAY AND CURB REPAIR: Resolution No. 6253(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS. (SR- 80 -16) ", was adopted, setting a hearing date for June 9, 1981. 3 May 12 1981 6 -E: PAINTING CITY -OWNED BUILDING AT 1616 OCEAN AVENUE: Resolution No. 6254(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF PAINTING A CITY OWNED APARTMENT BUILDING ", was adopted. 6 -F: BUS REPAIR: Resolution No. 6255(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF BUS MAINTENANCE & REPAIR SERVICES AT THE TRANSPORTATION DEPARTMENT ", was adopted. 6 -G: ELDERLY NUTRITION PROGRAM: Resolution No. 6256(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE FILING OF A REAPPLICATION WITH THE LOS ANGELES COUNTY AREA AGENCY ON AGING FOR A NUTRITION PROGRAM FOR THE ELDERLY UNDER TITLE III OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED ", was adopted. 6 -H: CITY BUS WINDOWS: Resolution No. 6257(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF MODIFICATIONS OF BUSES ", was adopted. 6 -I: UTILITY REFUND: Resolution No. 6258 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING UTILITY TAX REFUNDS ", was adopted. 6 -J, 6 -K, 6 -L, 6 -M: Considered later in the meeting. 6 -N: Continued to May 19, 1981. 6 -0: REFUSE TRANSFER STATION CONSTRUCTION: Request for approval of Change Order to Contract No. 3631(CCS) for additional slab construction at the refuse transfer station in approximate amount of $7,400, was approved. 6 -P: FIRE STATION NO. 5 CONSTRUCTION: Request for approval of Change Order No. 1 to Construction Contract No. 3620(CCS) for Fire Station No. 5 in the amount of $51,811. 6 -Q: Continued to May 19, 1981. 6 -R: WATER TRANSMISSION SUPPLIES: Bid No. 1607 was awarded to General Pump and McCalla Brothers for water transmission supplies for City Water Department in the amount of $31,944.16. 6 -S: BEACH BICYCLE'RACKS: Contract No. 3642(CCS) Bid No. 1614 was awarded to Public Service Communications for bicycle racks at various locations on Santa Monica Beach. 6 -T: Considered later in the meeting. 6 -U: CALIFORNIA SOLAR UTILITY DEVELOPMENT AUTHORITY: Contract No. 3643 CCS was approved entering into a Joint Powers agreement for a 4 May 12 1981 California Solar Utility Development Authority and Alternate Delegate Stan Scholl, Director of General Services, was appointed. 6 -V: ELECTRICAL LOAD EQUIPMENT: Contract No. 3644(CCS) was awarded to Southern California Edison Company to install load peak and electicity- reduction equipment on City -owned buildings. 6 -W: STREET REPAIR: Council ratified expenditure of emergency street repair at Cloverfield Boulevard and Michigan Avenue to Sully Miller contractor, in the amount of $6,719.44. 6 -X: JAIL FIRE ALARM SYSTEM: Resolution No. 6260(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING AND DETERMINING THAT THE INSTALLATION OF THE FIRE ALARM SYSTEM IN THE POLICE JAIL MAY BE PURCHASAED MORE FAVORABLY IN THE OPEN MARKET ", was adopted. 6 -Y: BIKE LANES, PARKING LANES AND CROSSWALKS: Request to install bike lanes, parking lanes and additional crosswalks on Montana Avenue between 20th and 26th Streets and appropriation of $3,500 from General Fund Capital Reserves, was approved. 6 -Z: PETROLEUM PRODUCTS: Resolution No. 6261(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR PURCHASE OF PETROLEUM PRODUCTS ", was adopted. Councilmember Conn moved to hear Items 7 -A through 7 -H at this time. Second by Councilmember Reed. The motion was approved by unanimous vote. 7 -A: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 116 PACIFIC STREET: Presented was the claim of Rebecca L. Binder and Gerald R. Fischer for a Vested Right /Hardship Exemption from the Building Moratorium (Ordinance No. 1207) to construct for townhouse condominiums at 116 Pacific Street (Claim No. 001). The staff report was presented. Discussion was held. The following persons were sworn in by the City Clerk and gave testimony: Ricky Binder and Gerry Fischer spoke to request granting of their claim and rsponded to questions. Discussion was held. There being no one else wishing to speak, the hearing was closed by Mayor Yannatta Goldway. Councilmember Reed moved that the Council determine that the application of the moratorium to the claimant's project would result in an unfair hardship to the claimant and to grant an exemption, the record to indicate that both the claimant's testimony and written record were taken into account. Second by Councilmember Jennings. Discussion was held. Councilmember Zane moved a substitute motion to affirm the staff report and deny the claim for vested rights. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: May 12 1981 Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Jennings requested the record to reflect that his vote on this and all other applications for exemptions are not meant to indicate he believes there is a legally enacted moratorium in existence in respect to this or to any other such project. Councilmember Reed requested the record to reflect that she endorses and agrees with the reasons stated by Mr. Jennings. Councilmember Zane moved to grant a hardship exemption to the claimants in this case indicating that both the verbal testimony and written record were taken into account. Second by Councilmember Press. Councilmember Press moved an amendment to require as a condition of exemption owner- occupancy for a minimum of five years. Second by Mayor Yannatta Goldway. Discussion was held. The amendment failed by the following vote: Council Vote: Affirmative: Councilmembers Edwards, Press and Mayor Yannatta Goldway Negative: Councilmembers Conn, Jennings, Reed and Zane The motion to grant the hardship exemption was approved by the following vote Council Vote: Affirmative: Councilmembers Edwards, Jennings, Press, Reed and Zane Negative: Councilmembers Conn and Mayor Yannatta Goldway 7 -B: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 2110 -2112 MAIN STREET: Presented was the claim of Peter Gibson for a Vested Right Hardship Exemption from the Building Moratorium (Ordinance No. 1207) to construct an office building at 2110 -2112 Main Street (Claim No. 002). The staff report was presented. Peter Gibson was sworn in by the City Clerk and spoke to request granting the claim for vested rights and responded to questions. Discussion was held. There being no one else wishing to speak Mayor Yannatta Goldway closed the hearing. Councilmember Conn moved to deny the claim for vested rights. Second by Mayor Yannatta Goldway. With the consent of the second, Councilmember Conn included in the motion Councilmember Zane's suggestion that reference be made to staff's findings in this case that the claimant had not secured final governmental approval prior to April 22, therefore good faith liabilities have not been incurred; and that is the basis for denial. The motion was approved by the following vote: 6 May 12 1981 Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Reed requested the record state her no vote is for the same reason indicated on Item 7 -A (that no legally enacted moratorium is in existence). Councilmember Conn moved to find no unfair hardship to the claimants in this case and denial of the claim. Second by Mayor Yannatta Goldway. Councilmember Reed requested the record to include verbatim her reason for opposing the motion: we would be doing a great injustice if we find no unfair hardship to this claimant. I believe the material he has submitted in fact shows that a person of modest means can, through hard work, attempt to do something to better themselves and better the community. He has taken on debts in reliance of previous approvals of his plans, and he had in fact been delayed in good faith by a previous moratorium of the City. I personally believe it would be extremely unfair to find no hardship. This applicant has already submitted to one moratorium imposed by the City. To burden him with another would probably push him over the edge financially. I hope that Councilmembers would turn down this motion and support a motion which finds hardship and grants him an exemption from the moratorium. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Edwards, Jennings and Reed 7 -C: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 1020 COLORADO AVENUE: Presented at this time was the claim of the Richlar Partnership for Vested Right /Harship Exemption from the Building Moratorium (Ordinance No. 1207) to construct an office building at 1020 Colorado Avenue (Claim No. 003). The staff report was presented. Discussion was held. The following persons were sworn in by the City Clerk and gave testimony: Jules Kabat, attorney representing the applicants, and Richard Boberg, representing Pacific Sierra Research Corporation, a potential lessee, requested Council to grant the exception and responded to questions. Discussion was held. There being no one else present wishing to speak to the matter, the hearing was closed by Mayor Yannatta Goldway. Councilmember Conn moved, based on oral and written testimony received, to deny the claim for vested rights. Second by Councilmember Press. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed 7 May 12 1981 Councilmember Reed against the motion Claim No. 001 (Itei following vote: Council Vote: requested the record to indicated she is voting for the same reasons as stated in discussion of n 7 -A). The motion to deny was approved by the Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Conn moved, based on the oral and written testimony, to find no grounds for an exemption on the basis of unfair hardship. Second by Mayor Pro Tempore Edwards. Councilmember Reed requested the record to reflect that it is her belief that a validly required building permit represents a right to proceed and that withdrawal of same is indeed a hardship. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed 7 -D: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 1117 -18TH STREET: Presented was the claim of S H & G Property Developers, Inc. for a Vested Right /Hardship Exemption from the Building Moratorim (Ordinance No. 1207) to construct six condominiums at 1117 -18th Street (Claim No. 005). The staff report was presented. Chester A. Barchiesi, representing the applicant, was sworn in by the City Clerk, spoke to request granting the claim and responded to questions from Councilmembers. Discussion was held. There being no one else wishing to speak, Mayor Yannatta Goldway closed the hearing. Councilmember Conn moved to find no vested rights hardship and to deny the claim. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Reed requested the record to indicate she voted no for reasons stated in the discussion regarding Claim No. 001 (Item 7 -A). Councilmember Conn moved to find no unfair hardship in this case and to deny the exemption. Second by Councilmember Zane. Following discussion the motion was approved by the following vote: 8 May 12 1981 Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Reed and Jennings At 10:50 P.M. Councilmember Conn moved to continue discussions past 11:00 o'clock and to hold a brief recess. Second by Councilmember Press. The motion was approved by a vote of six in favor, Councilmember reed .opposed. Council convened at 11:00 P.M. with all members present. 7 -E: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 1448 AND 1450 TENTH STREET: Presented was the claim of Tenth Street Medical Building, Ltd., for a Vested Right /Hardship Exemption from the Building Moratorium (Ordinance No. 1207) to construct a Medical Office Building at 1448 and 1450 Tenth Street (Claim No. 006). The staff report was presented. After conferring with the City Attorney Councilmember Press stated she would not participate in the discussion, or voting because of a conflict of interest. The following persons were sworn in by the City Clerk and gave testimony: Robert Weinstein and Stan Warner requested granting of the hardship and responded to questions by the Council. Dr. Amy Rosenman, read a letter from Susan Stangle, in support of the exemption. Discussion was held. There being no one else wishing to speak, Mayor Yannatta Goldway closed the hearing. Councilmember Conn moved that the Council find, from the oral and written testimony, that there is no claim for vested rights in this case. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Abstain: Councilmember Press Councilmember Conn moved to approve an exemption for this project on the basis of unfair hardship and on the basis that if the medical claimants are forced to seek office space outside the City, citizens would be denied their medical and social services; further that the building will fit that community and would probably be permitted as planned. Second by Mayor Pro Tempore Edwards. With the consent of the second, Councilmember Conn included in the motion the request of Mayor Yannatta Goldway to amend the motion to condition this finding of exemption with a restriction on the property that it be owned and occupied by the current developers and used as a medical facility for the next ten years, and the direction of the City Attorney that the applicant submit for Council approval appropriate legal documentation to insure performance of the condition of the ten year period. The motion as amended was approved by the following vote: 9 May 12 1981 Council Vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Reed, Zane and Mayor Yannatta Goldway Abstain: Councilmember Press 7 -F: VESTED RIGHT HARDSHIP EXEMPTION CLAIM REGARDING 519 PACIFIC STREET: Presented was the claim of Vickie Lois Neemeyer for a Vested Right Hardship Exemption from the Building Moratorium (Ordinance No. 1207) to construct a two -unit townhome at 519 Pacific Street (Claim No. 007). The staff report was presented. Vickie Neemeyer was sworn in by the City Clerk, requested granting of the exemption and responded to questions. Discussion was held. There being no one else wishing to speak, Mayor Yannatta Goldway closed the hearing. Councilmembr Conn moved, on the basis of written and oral testimony, to deny the claim for vested rights. Second by Councilmember Zane, The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers Jennings and Reed Councilmember Zane moved to grant the hardship exemption requested by the claimant on the basis of unfair hardship. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 7 -0 (Councilmember Jennings was excused at 11:37 P.M.) 7 -G AND 7 -H: VESTED RIGHT HARDSHIP EXEMPTION CLAIMS REGARDING 2207 SIXTH STREET AND 1941 EUCLID STREET: Presented were claims of Michael Folonis et al for a Vested Right Hardship Exemption to construct a four-unit townhouse condominium at 2207 Sixth Street (Claim No. 010) and to construct a six -unit townhouse condominium at 1941 Euclid Street (Claim No. 011). The staff report was presented. The following persons were sworn in by the City Clerk: David Cooper and Michael Folonis, applicants, requested granting the exemption and responded to questions. There being no one else wishing to speak, Mayor Yannatta Goldway closed the hearing. Discussion was held. Councilmember Conn moved that on the basis of written and oral testimony the claim for vested rights in Claim No. 010 be denied. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane, and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings 10 May 12 1981 Councilmember Conn moved that on the basis of oral and written testimony the request for hardship exemption in Claim No. 010 be denied. Second by Mayor Yannatta Goldway. Discussion was held. Councilmember Zane moved a substitute motion to continue the matter and delegate it to a hearing examiner for further examination so as to provide the Council with a clear understanding of the potential liabilities and hardships incurred by the applicants. Second by Councilmember Reed. Following discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 6 -0 Absent: Councilmember Jennings Councilmember Zane moved to continue Claim No. 011 and that it be referred to a hearing examiner. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Unanimously approved 6 -0 Absent: Councilmember Jennings 6 -J: MOVING BEACH SAND: Presented for consideration was a staff report and resolution waiving the formal bid procedure, and a request for appropriation of $15,000 and authorization to negotiate a contract for services to move sand from the edge of beach parking lots back toward the ocean. Councilmember Reed moved to approve the staff recommendation, adopting the resolution waiving the formal bid procedure and authorizing direct negotiation for sand moving services on Santa Monica Beach and an appropriation of $15,000. Second by Councilmember Zane. Discussion was held. Mayor Yannatta Goldway moved a substitute motion to adopt Resolution No. 6259(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR SAND MOVING SERVICES ON THE SANTA MONICA BEACH ", reading by title only and waiving further reading thereof, and to request additional information from staff in regard to the matter of the amount of appropriation. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6 -0 Absent: Councilmember Jennings 6 -K: FINAL TRACT MAP NO. 35408: Presented was a staff report recommending denial of Final Tract Map No. 35408 submitted by Virginia Moore for a 4 -unit condominium conversion at 2224 Oak Street. Mayor Pro Tempore Edwards moved to deny Final Tract Map No. 35408. Second by Councilmember Conn. It was noted that Ms. Moore was not present and had left a message with the City Clerk requesting continuance until May 19, 1981. The City Attorney advised that the matter be considered to fulfill subdivision Map Act requirements. Mayor Yannatta Goldway requested that the record indicate her earlier announcement that the Council would hear that evening all items with a deadline. The motion to deny was uapproved by the following vote: 11 May 12 1981 Council Vote: Affirmative: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Absent: Councilmember Jennings 6 -L AND 6 -M: 1981 -82 BUDGET STUDY SESSIONS AND PUBLIC HEARING DATES: Presented were staff reports recommending dates for study sessions and public hearings on the 1981 -82 City budget and Federal Revenue Sharing Funds. Discussion was held. Mayor Yannatta Goldway moved to hold budsget study sessions on Monday, May 18, 1981, from 2 P.M. to 10 P.M.; Tuesday, May 19, after the continued Council meeting; Wednesday, May 20, 4 P.M. to 10 P.M.; Thursday, May 21, 7 P.M. to 10 P.M.; and to hold public hearings on May 26, 1981, at 7:30 P.M.; Saturday, May 30, from 9 A.M. to 12 Noon; and Tuesday, June 9, 1981, at 7:30 P.M.: that all meetings be held in the Council Chamber in City Hall; and that staff be directed to do extended advertising of the budget meeting schedule including notices in the local newspapers, libraries and other facilities. (Councilmember Reed was excused at 12:57 A.M.) The motion was seconded by Councilmember Conn and approved by the following vote: Council Vote: Unanimously 5 -0 Absent: Councilmembers Jennings and Reed 6 -T: CITY ATTORNEY STAFF: Presented for consideration was a staff report and recommendation for approval of additional staff in the City Attorney's Department. Councilmember Conn moved to approve the recommendation authorizing the addition of an Assistant City Attorney, two Deputy City Attorneys and an Intermediate Clerk in the City Attorney's Department. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed Councilmember Conn moved to consider Item 9 -B at this time. The motion was duly seconded and carried by unanimous vote. 9 -B: HONORING MUSICAL DIRECTOR VICTOR BAY: Presented for consideration was a resolution honoring Victor Bay, Musical Director and Conductor of the Santa Monica Symphony, at the time of his retirement. Mayor Pro Tempore Edwards moved to adopt Resolution No. 6262(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA COMMENDING VICTOR BAY UPON HIS RETIREMENT AS MUSICAL DIRECTOR AND CONDUCTOR OF THE SANTA MONICA SYMPHONY ORCHESTRA ", reading by title only and waiving further reading thereof. Second by Councilmember Press. The motion was approved by the following vote: 12 May 12 1981 Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed Councilmember Conn moved to hear Item 9 -E at this time. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. 9 -E: LEGAL SERVICES AGENCY: Presented for consideration was a resolution supporting the funding of Federal Legal Services Agency. Councilmember Conn moved to adopt Resolution No. 6264(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF LEGAL SERVICES CORPORATION ", reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council. Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed Mayor Yannatta Goldway moved to hear Item 9 -C at this time. Second by Councilmember Press. The motion was approved by unanimous vote. 9 -C: CHILDREN OF ATLANTA: Presented for consideration was a resolution in support of the Children of Atlanta. Member of the public Jerry Rubin spoke in support of the resolution. Councilmember Conti moved to adopt Resolution No. 6263(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF THE PEOPLE OF ATLANTA, GEORGIA ", reading by title only and waiving further reading thereof. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed 9 -F: LOCAL COASTAL PROGRAM: Presented for consideration was a resolution rescinding the Housing Element of the Land Use Plan of the Santa Monica Coastal Program and stating current policies relating to housing and commercial development within the coastal zone. Mayor Yannatta Goldway moved to adopt Resolution No. 6265(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RESCINDING THE HOUSING ELEMENT OF THE LAND USE PLAN OF THE SANTA MONICA COASTAL PROGRAM, AND STATING CURRENT POLICIES RELATING TO HOUSING AND COMMERCIAL DEVELOPMENT WITHIN THE COASTAL ZONE ", reading by title only and waiving further reading thereof, amended to include an additional statement in Section 4 relating to the City's land use and housing policy that no condominium conversion will be approved in the California Coastal zone. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed 13 May 12 1981 10 -B: MULTI - PURPOSE FACILITY AT JOSLYN PARK: Presented for consideration was a report of the Recreation and Parks Commission regarding endorsement of the concept of construction of a multi - purpose facility at Joslyn Park using $165,000 in CDBG (Community Development Block Grant) Funds. Frank Juarez, representing FE (Fraternal Endeavors), presented their request for such a facility. Councilmember Conn moved to find that the original FE proposal is not feasible and elect to reprogram the $165,000 in CDBG funds, following the required public hearing and citizen participation procedures and subject to HUD approval. Second by Councilmember Press. Discussion was held. Councilmember Conn moved a substitute motion to take no action at this time and request staff to report on May 19th in regard to specifics of reprogramming the money. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed Councilmember Press moved to hear Item 12 -A at this time. The motion was duly seconded and approved by unanimous vote: 12 -A: FINAL TRACT MAP NO. 38612: Presented was the request of Steve Henry to address the Council regarding Final Tract Map No. 38612 located at 1247 Tenth Street. Steve Henry spoke to request approval of the Final Tract Map. Discussion was held. No action was taken and Mr. Henry was referred to the City Attorney for further interpretation of the State Map Act. Councilmember Conn moved to hear Item 13 -A at this time. Second by Mayor Yannatta Goldway. The motion was approved by unanimous vote. 13 -A: APPOINTMENT TO THE PLANNING COMMISSION: Presented for consideration was an appointment to the Planning Commission. Nominations were opened by Mayor Yannatta Goldway. Councilmember Conn nominated Derek Shearer. Councilmember Zane nominated Tisa McKee. There being no other nominations, nominations were closed. The vote on the nominations was as follows for Derek Shearer for Planning Commission: Council Vote: Affirmative: Councilmembers Conn, Edwards, Press and Zane Abstain: Mayor Yannatta Goldway Absent: Councilmembers Jennings and Reed Derek Shearer was appointed to the Planning Commission for an unexpired term ending June 30, 1984. 13 -C: CONDOMINIUM CONVERSION AT 1221 OCEAN AVENUE (CHAMPAGNE TOWERS): Presented was the request of Mayor Yannatta Goldway for discussion of a position opposing the condominium conversion of Champagne Towers, 121 Ocean Avenue, and communication to the Regional Coastal Commission. Sherman Stacey, attorney for Wilshire West Company owners of the 14 May 12 1981 apartment building known as the Champagne Towers, spoke in objection to the proceeding and requested the matter be continued to give the owner opportunity to be heard. Discussion was held. Mayor Yannatta Goldway moved to request the Council to take a formal position opposing the condominium conversion of Champagne Towers and directing the City Attorney to prepare the appropriate letters to communicate that position to the Regional Coastal Commission. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed ll -C: CLOSED SESSION: At 1:58 A.M., Councilmember Conn moved to recess to Closed Session to discuss pending litigation and personnel matters. Second by Mayor Yannatta Goldway. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Jennings and Reed The Council reconvened at 2:08 A.M., with the following Councilmembers present: Councilmembers Conn, Edwards, Press, Zane and Mayor Yannatta Goldway. Mayor Yannatta Goldway moved to authorize a progress payment to Karl C. Kryter, noise expert hired for Airport litigation. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed Mayor Yannatta Goldway moved to waive the salary resolution in regard to Deputy City Attorney Ed Germain and approve a salary of $2,500 per month retroactive to the date of hiring. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed ADJOURNMENT: At 2:10 A.M. Mayor Yannatta Goldway moved to adjourn to 7:30 P.M., Tuesday, May 19, 1981, for continuation of items not completed this evening; and, on behalf of Councilmember Conn, that adjournment be in honor and memory of the Children of Atlanta, Bobby Sands, IRA hunger striker from Ireland, and Bob Marley, Jamaican reggae musician. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5 -0 Absent: Councilmembers Jennings and Reed ATTEST: APPROVED: Ann Shore Ruth Yannatta Goldway City Clerk 15 Mayor May 12 1981