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M-10/11/1977 . . . . 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) 229 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 230 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. . 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 . 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. . :-Iayor Pro Tempore Cohen moved to amend the ordinance to allO\" nighttime . 231 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 . 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. . 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 . 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 . 232 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. . 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. . 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 . 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 . . 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 . 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. . 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 . 233 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 234 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. . 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. . 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 .