M-10/11/1977
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CITY OF SA~TA MONICA
CITY COUNCIL PROCEEDINGS
October II, 1977
A regular meetlng of the City Councll of the City of Santa Monica was
called to order at 7:30 P.M. by Mayor Donna O'Brien Swink who led the
assemblage ln the pledge of allegiance to the Unlted States of America.
Mayor Swink then introduced Reverend Joseph Parshall of the Flrst United
Methodist Church who offered the invocation.
Roll Call: Present: Mayor Donna O'Brien SWlnk
Mayor Pro Tempore Seymour Cohen
Councllmember John J. Bambrick
Councilmember Chrlstine Reed
Councilmember Perry Scott
Councllmember Nathaniel Trlves
Clty Manager James D. Williams
City Attorney Rlchard Knickerbocker
City Clerk Joyce Snider
Absent:
Councilmember Pieter van den Steenhoven
Ex Agenda items llFl, l1F2, 13B and 13C were added to the agenda on
motlon of Councllmember Trives, second by Councilmember Reed.
Councll Vote: Unanlmously approved 6-0
Absent:
Councilmember van den Steenhoven
The Consent Calendar was presented by the City Clerk after which the
Council took the following actions by a single motion, adopting the
Resolutlons therein reading by title only and waivlng further reading
thereof on motion of Councllmember Trives, second by Councilmember Reed.
Council Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
Agenda Item 6-A: The minutes of City Council meeting held September
27th, 1977 were approved as malled.
Agenda Item 6-B: A request for reimbursement of departmental
revolving cash funds was approved: Admlnistrative SerVlces - $181.48;
Library - $82.47; Police - $72.64; General Services - $30.80;
Recreatlon and Parks - $142.89; Transportation - $69.99; Cemetery -
$27.72; Attorney - $84.49; Airport - $64.47.
Agenda Item 6-C: Resolutlon :.10. 4930 (CCS) entltled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA APPROVING THE ANNEXED
PROGRfu~ SUPPLEMENT NO. I TO THE LOCAL AGE:.ICY-STATE AGREEMENT FOR THE
OFF-Rk"lP TO FOURTH MID FIFTH STREETS", was adopted. Contract No. 2385 (CCS).
Agenda Item 6-D: Resolution No. 4931 (CCS) entltled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS
INTENTION TO GRANT A FRANCHISE TO SOUTHERN CALIFORNIA GAS COMPANY
AND FIXING THE TIME AND PLACE FOR A HEARING OF OBJECTIO:.lS TO THE
GRANTING THEREOF", was adopted.
Agenda Item 6-E: Contract no. 2381 eCCS) for replacement of sewer
lines ln Arizona Avenue, Prlnceton and Harvard Streets was awarded
to DeVries and Spless Construction Corporation ln the amount of
$85,325.
Agenda Item 6-F: Contract (Bid No. 1307) for tennlS concession at
Lincoln Park was dropped from the agenda. City Manager Williams
informed the Council that J. Brlscoe Elsendrath and Gregg T. Kall
were unable to meet the terms of the contract.
Agenda Item 6-G: Contract No. 2382 eCeS) , (Bid Nos. 1296 and 1308)
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Resolutlon 4930
Contract 2385
Free"ay off-ramps
Resolution 4931
Intentlon to grant
gas frandnse
Contract 2381
replacerrent of selver
lines - Arlzona Ave.
Contract 2382
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Truck refurbishing
and rebuilding
Contract 2383
for 4 truck 'refuse
bodies
Resolution 4932
authorizmg submisslon
of supplerrental
application for Title
VII Nutntion Program
for the elderly
Ordinance for intro-
duction prohibiting
night flight opera-
hons
Ord1nance introduced
for truck refurbishlng and rebuilding was awarded to Ray Gaskin Co.
in the amount of S36,570 by issuance of Purchase Order No. 34431.
Agenda Item 6-H: Contract ~o. 2383 (CCS), (Bid No. 1297) for four truck
refuse bodies was awarded to Unlversal Truck Body, Inc. in the amount
of S66,122.80, by issuance of Purchase Order No. 34432.
Agenda Item 6-1: Resolution No. 4932 (CCS) enhtled: "A RESOLUTION OF
THE CITY COU~CIL OF THE CITY OF SANTA MONICA AUTHORIZING THE FILING
OF A SUPPLE~ENTAL APPLICATION WITH THE CALIFORNIA OFFICE ON AGING FOR
A NUTRITION PROGRAM FOR THE ELDERLY UNDER TITLE VII OF THE OLDER
AMERICANS ACT OF 1965, AS A.ME'liDED", ,,,as adopted.
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This ended the Consent Calendar.
Agenda Item 8-A: Presented at thlS time was an ordinance for lntroduction
prohibiting night flight operatlons at the Santa Monica Municipal Airport.
City Manager Wl11iams informed the Councll that letters received by
airport operators durlng the past 60 days indicated a first year revenue
loss of $4,908,700 if the alrport were to be closed between the hours of
11:00 P.M. and 7:00 A.M. Mr. Wllliams reported that an Alrport Forum
meeting had been held during the sixty day period and outllned provlsions
of an ordinance adopted by the City of Hayward which prohibits night
flying.
Councilmember Cohen moved to limit each speaker during the publ1C hearing
to three minutes. Second by Councilmember Reed.
Council Vote: Affirmatlve: Councilmembers Bambrick, Cohen,
Reed, Scott, Trives
Negative:
~ayor S,nnk
Councllmember van den Steenhoven
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Absent:
The public hearing was opened at 7'47 P.M. and the following persons
spoke ln favor of continu1ng the nighttime flight operation at the
Santa Monlca Municipal Airport: Wally Funk, James A. Barton, Peter
Friedman, Howard ~. Dlxon, Lincoln Vaughn, Robin Perdomo, Robert
Gunnell, John Lyon, Douglas Swartz, Doug Myers, Salvatore Crlnl,
Warren T. Dlckinson, Dan Sulllvan, Gary Danforth, Larry Albright,
Christine E. Janns, Roll Murrow, Larry Janns, Irving S. Reed, Bertram
Kramer, Griff Hoerner, Mish Hausserman, Ken Krueger, Larry S. L1ndsay.
The following persons spoke in OppOSlt10n to continuance of n1ghttime
flight operations: Dr. Leo Bordelon, Mrs. William Todd, Fred Norris,
Domlnl M. Von Pinnon, Les Hartley, Elizabeth S. Otting, James Boyk,
Dorothy McGregor, Betty Baer, Lillta Dzirkals, Elalne Smlth, Jon
Maresca, Charles Dav1s, John Stark, Michael Emery, Jim Hoyt, Rlchard
Neal, Dr. A. Bernard George, Mrs. N. J. Bordelon, Tom Kirwan and
Stephan Dimltroff.
The public hearing was closed at 9:46 P.~. by order of Mayor SW1nk.
Councilmember Scott moved to introduce the ordinance entitled. "A:-I
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA A"lEXDING
SECTION 10101 OF SANTA MONICA MU'liICIPAL CODE, RELATING TO TAKE-OFF AND
LANDI:-IG OPERATTO'liS OF AIRC~~FT BETWEE:-l 11:00 O'CLOCK P.~. AND 7:00
O'CLOCK A.M.", readlng by title only and walving further reading thereof.
Second by Counc1lmember Reed. Councl1 dlScussion ensued regarding the
various aspects of adoption of the ordinance especially ln regard to
the financial impact of prOh1b1tlng n1ghtt1me fl1ght operations. City
Manager Wllliams said that the cost to the City of enforclng the proposed
ordinance would be approximately $20,000 per year. He also sa1d that
Counc1lmember van den Steenhoven had asked hlm to tell the Council that
he would not support the ordinance as 1t stands, but would support an
ordinance WhlCh would establish a decibel limlt at night. Further
dlScuss10n ensued regard1ng future enforcement of noise limltations
and staff was asked to place on the agenda of the next Council meetlng
a report containlng the appropriate data to accomplish the necessary
enforcement of the ordinance. Councilmember Reed also asked that data
and cost on a sound barrler be made available to the Council as soon as
possible.
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:-Iayor Pro Tempore Cohen moved to amend the ordinance to allO\" nighttime
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land~ngs. Second by ~ayor Swink. The amendment to the main motlon
failed by the following vote:
Council Vote: Affirmative:
Councilmember Cohen and Mayor Swink
Negatlve:
Councilmembers Bambrick, Reed, Scott,
Tr~ves
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Absent:
Councilmember van den Steenhoven
Councllmember Bambrick moved a substitute mot~on to keep the Airport
open and to have a 90 declbel senel nOlse level llmltation, wlth
monitoring personnel and equ~pment. The motion was lost for lack of
second.
The vote was then taken on the main motion of introducing the ordinance
and approved by the following vote:
Council Vote: Affirmative: Councilmembers Reed, Scott, Trives
and Mayor Swink
Negative:
Councilmembers Bambrick, Cohen
Absent:
Counc~lmember van den Steenhoven
at 10'26 P.M. the Council recessed and reconvened at 10:39 P.M.
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Agenda Item 8-B-l: Adopted at this time was emergency ordinance No.
1069 (CCS) entltled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA .~1ENDING ARTICLE X OF CHAPTER 1 OF THE SANTA MONICA
MUNICIPAL CODE, REPEALING SECTION 10100, ADOPTING A NEW SECTION
10100, AND J~fENDING SECTION 10134 IN ORDER TO SET FORTH THE PURPOSES
OF SAID ARTICLE TO LIMIT THE DISCRETION OF THE AIRPORT MANAGER AND
DECLARING THE PRESENCE OF AN EMERGENCY", on motion of Councilmember
Trives, second by Counc~lmember Reed.
Ordinance 1069
Setting forth the
objectn'es of the
airport regulations
and restricting the
authority of the
airport manager -
emergency orchnance
Council Vote: Unanimously approved 6-0
Absent: Councilmember van den Steenhoven
Mayor SWlnk ordered the public hearing opened at 8:41 P.M. There
being no one present to speak e~ther for or against the adoption of
the proposed emergency ordinance, the hearing was closed at 8'41 P.M.
on motion, of CC!uncllmember Trives, second by Counc~lmember Reed.
Council Vote: Unanimously approved 6-0
Absent: Councllmember van den Steenhoven
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Agenda Item 8-B-2: Presented at this time was an ordinance for ~ntro- Ordinance for mtro-
duction sett~ng forth objectlves of the airport regulations and restrlct- duct ion settlng forth
lng the authorlty of the A.irport }fanager. The public hear~ng "as the objectives of the
opened at 8: 42 P.:V1. on order of Mayor Swink. There being no one present airport regulat~ons
to speak for or against the proposed ordlnance, the public hearing was and restnctlng the
closed at 8:42 P.M. on mot~on of Counc~lmember Trlves, second by authority of the
Councilmember Reed. Councilmember Re'ed moved to introduce an ordinance airport manager
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
~~E~DING ARTICLE X OF CHAPTER 1 OF THE SANTA MONICA MUNICIPAL CODE,
REPEALING SECTIOX 10100, ADOPTING A NEW SECTION 10100 AND A~IENDING
SECTION 10134 IN ORDER TO SET FORTH THE PURPOSES OF SAID ARTICLE TO
LIMIT THE DISCRETION OF THE AIRPORT ~~NAGER. Second by Councilmember
Trives.
Councll Vote: Unanimously approved 6-0
Absent: Counc~lmember van den Steenhoven
Agenda Item 10-A: Presented at this time was the Planning Commission
recommendation regarding R-l uses. Councilmember Scott moved that
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Planmng Commission
recommenda tion
regard1ng Rl uses
flIed untll complete
report lS a,~ilable
to Clty Councll
City Attorney directed
to prepare ord1nance
amending Ordinance
1061 modifying 1 ts
provlslons
Paofic Park Inc.
reques t to expand
publ1c conceSSlon
stand at 443 Paclfic
Coast Highway approved
Contract 2384
awarded to Ecolo~Haul
for establishment of
paper recycling
project
the Clty Attorney be instructed to prepare an ordlnance for Council
conslderatlon contalning the following definltlon of the word famlly
"family is one person living alone, or two or more persons related
to one another by blood, marriage or legal adoption, or not more than
two persons not related by blood, marriago or legal adoptlon and the
chlldren of either or both such unrelated persons, living and cooklng
together as a single housekeeping unit in a dwelling unlt with each
such persons havlng access to and use of all normal living faclllties
in such dwelllng units such as bathrooms, living room, dlning room and
kitchen". The motlon lost for lack of a second. There was a number
of requests from the public to address the Council, Councilmember Trives
moved to receive and file the Plannlng Commission report without comment
until the completed report is available to the Council, second by Council~
member Reed.
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Council Vote: Afflrmative: Councilmembers Bambrick, Cohen, Reed,
Trives and Mayor Swink
Negative:
Councilmember Scott
Absent:
Councllmember van den Steenhoven
Agenda Item II-A: Presented at this time was the staff recommendation
requestlng modification of water conservation Ordlnance ~o. 1061.
Mayor Pro Tempore Cohen moved to instruct the City Attorney to prepare
an ordinance modifying the provisions of Ordlnance 1061 eCCS) to apply
only to those customers who use more than 15 billing units per two
months cycle and those who have not saved any water for the comparable
period. Second by Councilmember Bambrlck. Discusslon ensued regardlng
the success of the water conservatlon efforts in the City and General
Services Director Scholl outllned the savings made various lndustry in
the City.
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Council Vote: Unanimously approved 6-0
Absent: Councllmember van den Steenhoven
Agenda Item ll-B: Presented at this time was the staff report recommending
expansion of the public concession stand located at 445 Ocean Front
adjacent to the Sand and Sea Club. Mayor Pro Tempore Cohen moved to
approve the request of Pacific Parks, Inc. for the remodelling of Tee's
concession stand and also approve the sale of beer and wine after 5:00
P.M. subject to the lessee obtalning approprlate permits from the State
of California and that staff be authorized to make the necessary changes
in the existing lease with Pacific Parks, Inc. Second by Councilmember
Trives:
Council Vote: Afflrmatlve: Councilmembers Bambrick, Cohen, Reed,
Trives and Mayor Swink.
Negative:
Councilmember Scott
Absent:
Councilmember van den Steenhoven
Agenda Item ll-C: Presented at this time was the staff recommendation
for establlshment of a paper recycling project for City Hall. Clty
Manager Wllllams explained that this program would allow the collection
of white paper at City Hall for recycling purposes and the City would
make approximately $50.00 per month. Councilmember Reed moved to
support the staff recommendatlon and award Contract No. 2384 eCCS) to
Ecolo-Haul. Second by Councilmember Bambrick.
Councll Vote: Unanimously approved 6-0
Absent: Councllmember van den Steenhoven
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The tlme being 11:00 P.M. Councllmember Trives moved to conduct the
meeting past 11:00 P.M. in order to complete Council business. Second
by Councilmember Reed.
Councll Vote: Unanimously approved 6-0
Absent: Councllmember van den Steenhoven
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Agenda Item ll-D: Presented at th~s time was the staff recommendation
for placing of traffic improvements at the ~ntersection of Santa Monica
Blvd. and Lincoln Blvd. City Manager Williams expla~ned that Llncoln
Blvd. carries 21,000 vehicles per day, is congested and that a left hand
turn pocket is badly needed on the south slde of the intersection.
He sald elght on-street parking spaces will be removed by the lnstal-
lation of the left turn pocket, twenty-eight on-street parking spaces
wlll remain to serve the public and that there are more than one hundred
off-street parking spaces availabl€ in the immediate area. After
discussion during which it was clarlfied that the merchants who would
be affected by the removal of the eight on-street parklng spaces had
been contacted, Councllmember Reed moved to authorize staff to establish
a left turn pocket northbound on Lincoln at Santa Monica Blvd. and to
remove eight on-street parking spaces to facilitate the lmprovement.
Second by Mayor Pro Tempore Cohen.
Councll Vote: Unanlmously approved 6-0
Absent: Councilmember van den Steenhoven
Agenda Item ll-E: Presented at thlS time was the request of the City
Attorney for an executlve session to dlSCUSS pending litlgation. On
motlon of Councilmember Reed, second by Mayor Pro Tempore Cohen, the
executive session was moved to the end of the agenda.
Council Vote: Unanlmously approved 6-0
Absen t: Counci lmember van den Steenhoven
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Agenda Ite:n ll-F-l: Presented at this time was the proposed Memorandum
of Understanding between the City and Management Team Assoc~ates (HTA).
Council discussion ensued regarding the additlon of one management
bonus day for MTA members, after which Councilmember Reed moved to
adopt Resolution No. 4933 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MO~ICA APPROVING AND RATIFYI~G A
MEMO~4NDUM OF U~DERSTANDING BETWEE~ THE CITY OF SANTA MONICA AND
~L~NAGEME~T TEA~ ASSOCIATIO~ (MTA) by lssuance of Contract No. 2387 (CCS).
Second by Councilmember Trives.
Council Vote: Affirmative: Councllmembers Bambrick, Cohen,
Reed, Trives and Mayor Swink
Negatlve:
Councilmember Scott
Absent:
Councilmember van den Steenhoven
Agenda Item II-F-2: Presented at thlS time was a proposed Memorandum
of Understanding with Local 1785 of the United Transportation Union
(UTU). Councilmember Trives moved to adopt Resolution Xo. 4934 (CCS)
entitled: "A RESOLUTION OF THE C'ITY COUNCIL OF THE CITY OF SA;./TA MONICA
APPROVI~G A;'/D RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF SANTA MO:.iICA AND UNITED TRANSPORTATION UNION LOCAL 1785" by issuance
of Contract No. 2386 eeCS). Second by Counci1member Reed.
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Council Vote: Unanlmously approved 6-0
Absent:
Councilmember van den Steenhoven
Agenda Item 12-A: Dr. Armando J. Aldunate addressed the Council in
opposition to rent control. No request was made and no action was
taken by the Council at thls tlme.
Agenda Item l2-B; Mitchell Lachman addressed the City Council and
requested the installation of welght lifting faeilitles at the beach.
No action was taken by the Council.
Agenda Item 12-C; Steven Schwartz addressed the Council on behalf
of his father and mother Mr. and Mrs. Schwartz regarding the application
of the recreational faeilitles tax to a two unit dwelling under
construction. ~r. Schwartz requested that the Councll walve the pay-
ment of the recreatlonal facilities tax amounting to $200.00 on the
basis that his parents were elderly and that the payment of the funds
,;QuId be a hardship to them. The Council was informed by the City
Attorney Knickerbocker that the Councll does not have the latltude
of waivlng the provision of this ordinance and that the only remedy
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Traffic improvements
at lntersection of
Santa :>lonica Blvd.
and Lincoln Blvd.
approved
Resolution 4933
Contract 2387
Mero of Understanding
"i th Management Team
Associates (}ITA)
Resolution 4934
Contract 2386
~mo of lliderstanding
wi th United Transpor-
tation Union (uru)
Local 1785
Dr. A. J. Alihmate
addressed Council
M. Lachman addressed
Council
Y. Schwartz addressed
Council regarding
recreational
faCllities tax
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Counc1lmember Reed
reported on League
of California Cit1es
Con Ference
Staff authorized to
transfer $20,000 from
unappropnated
reserves to expedite
Downtown Redevelop-
ment Project
Landmark Ordlllance
referred to Landmark
Connnission for review
and corrnrent regarchng
extension of penod
between consideration
for landmark des1gna-
t10n
would be an amendment to the ordinance. No action was taken by the
Council.
Agenda Item l3-A: Counc1lmember Reed reported on her activities
at the recent League of California Cities Conference held in
San Francisco on September 24th through 28th and requested that
the unused funds in the amount of $92.48 be returned to the City
and be credited back to her travel expense account.
Agenda Item 13-B: On mot10n of Councilmember Reed, second by
Mayor Pro Tempore Cohen, staff was authorized to transfer $20,000
from the unappropriated reserves of the City to exped1te the
Downtown Redevelopment Project.
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Council Vote: Unanimously approved 6-0
Absent:
Counc1lmember van den Steenhoven
Agenda Item 13-C: Presented at this time was Mayor Pro Tempore Cohen's
request for d1scuss10n of the City Landmark Ordinance and Mayor
Pro Tempore Cohen outlined his concern that too little tlme exists
between consideration of pleces of property for landmark designations,
that minimum period of time belng one year. After d1scussionMayor Pro
Pro Tempore Cohen moved to instruct the City Attorney to draw up a change
in the ordinance governing the Landmarks Commission providing that
redesignation of property cannot be brought back before the Commiss10n
before a five-year period has elapsed since first consideratlon, or sooner
at the discretion of the property owner. Second by Councilmember Scott.
After discusslon Mayor Pro Tempore Cohen moved a substltute motion to
refer the matter back to the Landmarks Commission for reVlew and co~~ent.
Second by Councilmember Trlves.
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Council Vote: Affirmative: Councilmembers Bambrick, Cohen,
Scott, Trlves and Mayor SWlnk
~egative:
Councilmember Reed
Absent:
Councilmember van den Steenhoven
At 12:01 am the City Council recessed to executive seSSlon to discuss
pending litigation on motion of Councilmember Trives, second by
Counci1member Reed.
Council Vote: Unanimously approved 6-0
Absent: Councllmember van den Steenhoven
At 12:20 am the Council reconvened. Mayor Swink reported that no actlon
was taken in executive session.
At 12:21 am the meeting was adjourned in memory of Theodore E. Bubert,
Loulse Baker Soper, Martin S. Bohne, Jay L. Dodds, Emil Moynier and
Dorothy D. Coats, on motion of Councilmember Reed, second by Councilmember
Trives.
Council Vote. Unanlmous1y approved 6-0
.
Absent:
Councilmember van den Steenhoven
ATTEST:
APPROVED:
/~d((~'~wd
Donna O'Brien Swink' -
Mayor
/) -,
~l Pi ~h " .5;-?t.-~;:-<
J~~ e "S)j1.d';~ ~ - ~
C'ty Clerk
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