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M-11/22/1977 CITY OF SANTA :-1O:\ICA CITY COUNCIL PROCEEDINGS . November 22, 1977 A regular meetlng of the Santa Monica Clty Councll was called to order at 7:30 P.M. bv Mayor Donna O'Brlen SWlnk who led the assemblage In the pledge of allegiance to the Unlted States of Amerlca. Mayor SWlnk then introduced Reverend Slgnor Sandrock of Mt. Ollve Lutheran Church who offered the invocatlon. Roll Call: Present. Mavor Donna O'Brlen SWlnk Mayor Pro Tempore Seymour Cohen Councllmember John J. Bambrick Councllmember Christine Reed Councilmember Perry Scott Councllmember :\athaniel Trlves Councllmember Pieter van den Steenhoven City Manager James D. Williams City Attornev Rlchard Knickerbocker Cltv Clerk Joyce Snider Absent: None Consent Calendar: . The Consent Calendar was presented by the City Clerk after which the Council took the following actions by a single motlon, adopting the resolutlons therein readlng by title only and walvlng further reading thereof on motlon of Councllmember Trlves, second by Councilmember van den Steenhoven. Councll Vote' Unanlmously approved 7-0 Agenda Item 6-A. The minutes of the Clty Council meeting held November 8, 1977, were approved as malled. Agenda Item 6-B: The request for relmbursement of the following departmental revolvlng cash funds was approved: Llbrary - $51.53; fransportatlon - $43.16, City Yards - 545.08. Agenda Item 6-C: Resolutlon :\0. 4946 (CCSJ entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S~~TA MONICA RATIFYING THE COMPROMISE OF CLAIMS FOR THE CITY'S PUBLIC LIABILITY CHECKS ISSUED IN OCTOBER, 1977", "as adopted. . Agenda Item 6-D: Resolution Ko. 4947(CCSJ entltled: "A RESOLUTIOX OF THE CITY COUNCIL OF THE CITY OF SANTA MOXICA .~lENDING RESOLUTIOX NO. 4646 WHICH RESOLUTION ESTABLISHES WAGES, HOURS, AND OTHER TERMS AXD CONDITIO!\S OF EMPLOYMENT FOR VARIOUS CLASSES OF POSITIONS", was adopted. Agenda Item 6-E: Resolutlon Ko. 4948(CCSJ entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING AND DETERMINING THE PUBLIC Il\TEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMKATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF SANTA MONICA", was adopted. Agenda Item 6-F: Resolutlon No. 4949(CCSJ entltled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA:\TA MONICA DECLARING ITS INTENTION TO PLANT TREES ALONG LINCOLN BOULEVARD BETWEEN BROADK~Y AVENUE AND WILSHIRE BOULEVARD WITHIK THE CITY OF SANTA MONICA", was adopted. Agenda Item 6-G: Resolutlon )10. 4950(CCSJ entltled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER CALL FOR FOR}ffiL BIDS A:\D AUTHORIZI)lG DIRECT NEGOTIATION FOR PURCHASE OF A GAS CHRDr.lATOGRAPH", "as adopted. (Contract Ko. 2430(CCSJ was later awardedJ. . 255 Reselutlon 4946 claims Resolution 4947 revising salary range for EDP JlID.ior Programmer Resolution 4948 authorizing acquisl- tion of property Resolution 4949 intent to plant trees on Lincoln Blvd. ResolutlOn 4950 Contract 2430 Gas Chromatograph for Police Department 256 Contract 2418 Contract 2419 Joint Use Agreements wIth schools Resoluhon 4951 authonzing applica- tion for Third Year Omnibus Crime Control Grant F1.mds Contract 2420 Ci ty buses Contract 2421 one cOllJlact sedan Contract 2422 rotary file cabinet Contract 2423 PolIce buildlng security system Contract 2424 LIbrary Operations film inspectIon machine Contract 2425 autolllOtive brake dnn lathe Contract 2427 Jeep and PlYlllOuth sedan ",ew and revIsed Job descriptions public hearing of llltention to grant a franchIse to Theta Cable Introduction of ordinance to grant franchIse to Theta Cable Agenda Item 6-H: Contract ~o. 24l8(CCS) WIth Santa Monica Unified School DIstrict and Contract No. 24l9[CCS) with Santa Monica Community College District were approved regardIng Joint use of school and college recreation facilitIes and the CIty Manager was authorized to sign the agreements. Agenda Item 6-1: Resolution ,",0. 495l(CCS) entItled: "A RESOLUTIO", OF THE CITY COUKCIL OF THE CITY OF SANTA MONICA AUTHORIZIKG THE CITY MANAGER TO EXECUTE 0\ BEHALF OF THE CITY AK APPLICATION FOR FU\DS UNDER THE OM~IBUS CRIME CO~TROL AND SAFE STREETS ACT OF 1968", was adopted. . Agenda Item 6-J: Contract 1\0. 2420(CCS) (BId No. 1260) for fIfteen City buses was awarded to Flxible Company by Issuance of P. O. ~o. 34850 In the amount of $1,644,825 and City Manager authorIzed to execute same. Agenda Item 6-K: Contract ~o. 242l(CCS) (Bid No. 1328) for one compact sedan for the FInance Department was awarded to Claude Short Dodge by issuance of P. O. No. 34851 in the amount of $5,152.64. Agenda Item 6-L: Contract No. 2422(CCS) (Bid ~o. 1326) for rotary fIle cabInet was awarded to Automated Filing Systems, Inc., by issuance of P. O. "'0. 34852 In the amount of $2,599.12. Agenda Item 6->1: Contract No. 2423(CCS) (Bid No. 1322) for Police bUilding securIty system was awarded to Active Securltv Locking Systems by issuance of P. O. No. 34853 in the amount ~f $3,986.60. Agenda Item 6 - ~. Contract No. 2424 (CCS) (BId ~o. 1318) for Library Operations film inspectIon machine was awarded to Research Technology, Inc., by issuance of P. O. No. 34854 In the amount of $7,417. . Agenda Item 6-0: Contract )/0. 2425(CCS) (BId Ko. 1311) for one automotive brake drum lathe was awarded to Bruce's Automotive Equipment Company by Issuance of P. O. No. 34855 in the amount of $6,827.38. Agenda Item 6-P: Letter of Contract 1\0. 2427(CCS) was issued to Claude Short Dodge in the amount of $557 authorizIng the sale of a Jeep, and Letter of Contract No. 2428(CCS) was Issued to Mark Conn and David Chapman in the amount of $800 authorizing the sale of Plymouth sedan (Bid No. 1327). Agenda Item 6-Q: ~ew and revised job descriptIons for the pOSItIons of Human Resources Assistant, Project Director, SenIor IdentificatIon TechnIcian and Telephone Operator were ratified. This ended the Consent Calendar. Agenda Item 7-A: Presented at thIS time was a publIC hearing of Intention to grant a franchIse to Theta Cable of CalIfornia for a community antenna teleVISIon system. On order of Mayor Swink the proof of publication was ordered filed. City Manager WIlliams saId that the proposed renewal of the community antenna teleVISIon franchise to Theta Cable of CalIfornIa was for a ten-year perIod with the fees to be as outlIned In the governing ordinance and Informed the Council that other large televIsion companies were contacted but the latter had declIned to bid because of the prohib- Itive cost. . The public hearing was opened at 7:40 P.M. on order of Mayor SWInk. Don CanfIeld, representing Theta Cable, requested renewal of the franchIse based on their past cooperation and performance. There beIng no other persons present deSIring to address the Council the public hearIng was closed at 7:44 P.M. on order of Mayor SWInk. Mayor Pro Tempore Cohen moved to Introduce an ordInance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE . CITY OF SAKTA MO~ICA G~~~TING A COMMU~ITY ANTE~~A TELEVISION SYSTEH F~"'NCHISE TO THETA CABLE OF CALIFORI\IA". Second by Counc~lmember van den Steenhoven. Counc~l Vote: Unan~mously approved 7-0 . Agenda Item 7-B. Presented at thlS time was a publlC hearlng to rece~ve publlC input and to final~ze the work program of the Local Coastal Program of the City of Santa Monlca for submisslon to the Callfornia Coastal Commlsslon. On order of Mavor Swink the proof of publication of the notice of public hear~ng was ordered filed. City Manager Kl1liams revlewed the requirement of the Callfornla Coastal Act of 1976 for development of a work program ln order to obtaln funding ln the amount of $124,000 from the Callfornia Coastal Commission for development of a Local Coastal Program, and briefly revlewed the status of the project. City Attorney Knickerbocker reported that a challenge had been recelved as to the sufficiencv of the notice and that while he be11eved the notice was legaliy adequate, he advised that the publlC hearing be contlnued. The publlC hearlng was opened at 7.50 P.M. on order of Mayor Swink. D,SCUSSlon ensued regarding the approprlateness of holding the hearing and Councllmember Trives moved to contlnue the entire matter for two weeks. Second by Councllmember Reed. After further diSCUSSion, Councllmember Trlves withdrew hlS motion. The followlng persons spoke in favor of contlnulng the hearing for two weeks to allow further public notlce and review: ).l1chael J. Tarbet, Cheryl Rhoden, Richard Wllson and John Jurenka. . Councllmember Trives moved to contlnue the subJect and the hearlng for two weeks. Second by Mayor Pro Tempore Cohen. After discussion, Councilmember Trives moved to amend his motion to requlre notice of the public hearlng to be sent to all persons having registered wlth the Council Commlttee on the subJect and those who have requested notlce. Second by Mayor Pro Tempore Cohen. The main motlon as amended was then approved by the followlng vote: Councll Vote: Unanimously approved 7-0 Agenda Item 8-A: Presented at this time was an ordinance for introduction regulating driveways from public streets into private property. The publlC hearing was opened at 8:16 P.M. on order of Mayor SWlnk. There being no one present to speak elther for or against the introductlon of the ordlnance, the public hearing was closed at 8:16 P.M. on order of Mavor SWlnk. Councilmember van den Steenhoven moved to introduce the ~rdlnance reading by title only and waivlng further readlng thereof. Second by Councilmember Reed. Council Vote: Unanlmously approved 7-0 . Agenda Item 8-B: Presented at this tlme was an ordinance for introductlon amendlng the Munlcipal Code relatlng to take-off and landlng operations at the Santa Monlca Municipal Airport. The public hearing was opened at 8:20 P.M. on order of Mayor Swink and the fol1owlng persons spoke ln support of prohibltlng night f11ght operations: Tom Kirwan, Dr. W. J. Bordelon, Mary Oberfield, Les Hartley, Elizabeth S. Ottlng, Jlm Hoyt, Charles Davis, Frank Llnhart, Alma Osolin, Dr. A. Bernard George, Mrs. William Todd, Dorothy McGregor and ~lchael Emery. The followlng persons spoke agalnst night fllght restrlctlons at the airport: Owen Keown, Robert F. Gunnell, Henry Jordan and Llncoln C. Vaughn. There belng no one further deslrlng to address the Council, the publlc hearing was closed at 9:05 P.M. by order of Mayor Swink. Mayor Pro Tempore Cohen moved to lntroduce the ordlnance relatlng to alrport operations readlng by title only and walvlng further readlng thereof. Second by Councllmember van den Steenhovcn. . 257 public hearing of Local Coastal Program continued to 12/13/77 Ordinance mtroduced regulating driveways crossmg from pubhc streets onto private property Ordinance mtroduced prohlblting certain night fllght opera- tlOns at Santa ~bnlca ~imicipal .~rport 258 The Councll discussed their obligatlon to the communlty as a whole, existlng code regulatlons regardlng noise control and start up of alrcraft englnes before 6:00 A.M. Councilmember Bambrick moved to amend the ordlnance to prohlblt englne start ups prior to 6:00 A.M and to provlde for approval of emergency take-offs which lnvolve Ilfe or death, property and medlcal emergencies. Motion lost for lack of second. After dlScusslon Councilmember Trives moved to amend the ordlnance to prohlbit aircraft engine start ups prior to 6:00 A.~. with life, property or medical emergencies being the only grounds for night landlngs or take-offs. Second by Councilmember Reed. Discusslon ensued regarding provision of a means of approvlng such take-offs and landlngs and the lnsertlon of appropriate language that would provlde for emergency take-offs lnvolving life or death, property or medical emergencles. The amendment to the main motion was then voted upon and falled by the following vote: . Councll Vote: Affirmatlve' COlmcllmembers Reed, Scott and Trives \"egatlve: Councllmembers Bambrlck, Cohen, van den Steenhoven and Mayor SWlnk The Council dlscussed amendlng the ordlnance as flrst proposed by Councilmember Bambrlck. At 9 45 P.M. Councllmember Scott moved to recess for five mlnutes in order for the Clty Attorney to prepare the approprlate written legal language reflecting the intention of the Councll. Second by Councllmember Trlves. Councll Vote: Unanimously approved 7-0 The Council reconvened at 9:55 P.M. wlth all Councilmembers present. Sectlon 10101 of the ordlnance as amended by the Clty Attorney was read aloud by the City Clerk as follm,'s: "HOURS. The airport shall be open for publlC use at all reasonable hours of the day and nlght, subject to such restrlctlons as are provided herein or are due to lnclement weather, the condltlons of the landing area, the presentatlon of special events, and llke causes as may be determlned by the Airport Director. ~lght landings will be permitted, but night take-offs are prohibited between the hours of 11:00 P.M. and 6:00 A.M., Monday through Friday and 11:00 P.M. and 7 00 A.M. on Saturday and Sunday. The Airport Dlrector or in hlS absence the Watch Commander of the Santa Monica Pollce Department may approve take-off during said hours, provlded lt appears that an emergency involving life or death eXlsts, and approval is obtalned before take-ofr'. . Councilmember van den Steenhoven moved a Substltute motion to introduce the ordlnanc'e as' read aloud. Second by Mayor Pro Tempore Cohen. Councilmember Reed moved to amend the substitute motion to prohibit aircraft englne start ups. Second by Councilmember Scott. Section 10101 then read as follows: "HOURS. The airport shall be open for publlC use at all reasonable hours of the day and nlght, subJect to such restrlctions as are provlded hereln or are due to lnclement weather, the condltlons of the landlng area, the presentation of special events, and llke causes as may be determined by the Airport Director. Xlght landings will be permltted, but night take-offs or englne start ups are prohibited between the hours of 11:00 P.M. and 6'00 A.M., ~onday through Friday and 11:00 P.~. and 7'00 A.M. on Saturday and Sunday. The J\1rport Director or ln hlS absence the Watch Commander of the Santa Monica Police Department may approve take-off or engine start ups durlng said hours, provlded lt appears that an emergency lnvolvlng Ilfe or death exists, and approval is obtalned before take-ofr'. The amendment was approved by the followlng vote: . Council Vote: Afflrmatlve: Councilmembers Bambrlck, Reed, Scott, Trives, van den Steenhoven and Mayor SWlnk Negative: Mayor Pro Tempore Cohen . .,., . . . . The Substltute motlon as amended was then voted upon and approved by the followlng vote. Councll Vote: Councllmembers Bambrlck, Cohen, Reed, Scott, van den Steenhoven and 1-layor SWlnk Affirmatlve: Negatlve: Councllmember Trlves Agenda Item 10-A: Presented at thls time was the proposed Municipal Code reV1Slon setting forth Clty POllCY on veteran's credlt ln employment examlnatlons as requested by the City Council. Clty Manager Wllliams lnformed the Councll that the recommendation of the Personnel Board lS that veterans preference pOlnts not be allowed for persons attempting to enter civil service for the Clty. He said the grantlng of veterans preference points might be approprlate under some Clrcumstances for a period of tlme after the veteran has either ended his serVlces or has finished hlS education following that; however, the basic staff recommendatlon lS In concurrence with the Personnel Board that the veterans preference not be allowed as it eXlsts In the Municipal Code. The discusslon was opened to the publlC and the followlng persons spoke in favor of allowing veterans credlt: Barney Rosen (who alleged that the Charter amendment, Proposition B, ellmlnatlng veterans credlt In employment examinations voted on on Aprll 12, 1977, election was lnadequately advertlsed and gave little lndlcatlon of the issues involved in favor of veterans preference), Carl J. Johnson, Paul H. Borach, Steve Rosmarin, Samuel Sucherdaler, Shlrley Duboff, Murray Rosen, Wllllam J. Strickland, John A. Smlth, Charles Altsman George Gussman, Harrlet Mlller, Howard Llght, Sally ~arcus, Rosarlo Perry, Florence Land, Allson Arnold and Burt Herman. The following persons spoke ln Opposltlon to allowlng veterans preference: Helen Myerson, Don Mcisaac, Dan Sullivan, Connie Friend, Elaine Smlth and Bill Crookston. Durlng publlC partlclpatlon, the 11:00 P.M. hour was recognized. Mavor Pro Tempore Cohen moved to proceed wlth the meeting after 11~00 P.M. Second by Councllmember Reed. Council Vote: Unanimously approved 7-0 There belng no one further desirlng to address the Councll regarding thls matter the publlc portion was closed. Councilmember Scott moved to instruct the City Attorney to draft an ordinance to relnstate veterans preference credlt in City employment examlnatlons to all entry level positions and those promotlonal posltlons where one of the considerations lS goals, quotas, and the afflrmatlve actlon program, and not otherwise. Second by Mayor Pro Tempore Cohen. Discusslon ensued regarding the interpretatlon of the wording of the Charter amendment ballot measure as voted on at the City electlon In Aprll 1977 when veterans credit was ellmlnated from the Clty Charter and the understanding on the part of some that the lntent was to expand the program to lnclude veterans of undeclared wars. Council also dlscussed the equity of the preference program and other avallable assistance programs. Conslderation was glven to placing the subJect on the City ballot In June 1978. Mayor Pro Tempore Cohen moved to amend the motion to lnclude a time limit of ten vears from the date of a veterans discharge for credit to be glven and the credit to be ten pOlnts for dlsabled veterans and five points for other veterans. Second bv Councilmember Reed. Councllmember Scott further amended the motlo~, wlth the consent of' the second, that the preference relate only to honorably dlscharged veterans. The amendment of Mayor Pro Tempore Cohen was approved by the followlng vote: Council Vote: Affirmative: Councllmembers Bambrick, Cohen, Reed, Scott, van den Steenhoven and Mayor Slnnk Kegatlve: Councilmember Trlves 259 City Attorney mstructed to draft ordinance reinstating and enlarglng veterans' credit ln employment examina- tions '0'- 260 Report to be prepared regardlng dlspos~tion of structure at 1008 Fourth Street Se\vage pre- treatJrent plant not requ~red for Tract 33022, the Barc1ay-CUrCl Subdl vis~on SCAG B~cvcle and Pedestr~an Fac~lity grant approved The motion as amended, to ~nstruct the City Attorney to draft an ord~nance to re~nstate veterans preference credit in City employment examinations to all entry level pos~tions and those promotional pos~tions where one of the considerat~ons ~s goals, quotas, and the affirmat~ve act~on program, and not otherw~se, to include a t~me l~m~t of ten years from the date of a veterans d~scharge for cred~t to be given and the credit to be ten po~nts for d~sabled veterans and five points for other veterans, and that veterans cred~t relate only to honorably discharged veterans, was approved by the following vote: Council Vote: Aff~rmat~ve: Counc~lmembers Bambrick, Cohen, Scott, van den Steenhoven and Mayor Swink . Negative: Counc~lmembers Reed and Tr~ves Counc~lmember van den Steenhoven moved to ~nstruct the City Attorney to prepare the necessary documents and ord~nance necessary to place this ord~nance on the ballot for the City elect~on ~n June 1978 ~f the ordinance ~s adopted. Second by Counc~lmember Reed. Counc~l Vote: Affirmat~ve: Councilmembers Bambr~ck, Cohen, Reed, Trives, van den Steenhoven and Nayor Sw~nk !\egat~ve. Counc~lmember Scott Agenda Item 10-B: Presented at this t~me was a request of the Landmarks Comm~ss~on to transm~t a Letter of Commendat~on to the South Coast Regional Coastal Comm~ss~on for their efforts to preserve h~storical structures. The Council discussed the efforts of the Coastal Commiss~on to preserve hous~ng. Councilmember Scott moved to file the request. Second by Mayor Pro Tempore Cohen. After further discussion, Counc~lmember van den Steenhoven moved to amend the motion to request that the Council rece~ve a report regarding dispos~- tion of the structure at 1008 Fourth Street. Second by Councilmember Reed. The amendment was approved by the follow~ng vote: Counc~l Vote: Aff~rmat~ve: Counc~lmembers Bambr~ck, Reed, Trives and van den Steenhoven . Negative: Mayor Pro Tempore Cohen and Councilmember Scott Abstain: Mayor Swink The main motion as amended was then voted upon and approved by the follmving vote: Council Vote: Affirmat~ve: Counc~lmembers Bambr~ck, Cohen, Scott, Trives and van den Steenhoven )legat~ve: Councilmember Reed Absta~n: Mayor Swink . Agenda Item II-A: Presented at th~s time was the staff report regarding poss~ble ~mprovements of the Barclay-Curci Subd~v~sion. Counc~lmember Reed moved to approve the staff recommendation that a sewage pre-treatment plant not be requ~red for Tract )10. 33022, the Barclay-Curci Subd~v~s~on. Second by Counc~lmember Bambrick. Council Vote: Unanimously approved 7-0 Agenda Item ll-B: Presented at this time was the staff report recommending approval of a SCAG Bicycle and Pedestr~an Fac~lity Grant. C~ty Manager W~ll~ams said authorization to apply for SCAG grant funds ~n the amount of $19,300 ~s be~ng requested in order to complete relocation of sewer l~nes beneath an ex~sting beach bikepath. Counc~l- member van den Steenhoven moved to approve f~l~ng a cla~m for SCAG . (Southern Californla Association of Governments) Blcycle and Pedestrlan Grant of $19,300 as the Clty'S share for relocatlon of a sewer Ilne. Second by Councllmember Reed. Council Vote: Unanlmously approved 7-0 . Agenda Item ll-C: Presented at thls time were resolutions to amend salaries and beneflts for certain City depart~ent heads, City Engineer, City ~anager, City Attorney and City Clerk. Councilmember Scott moved that City staff "age structures for department heads be Ilmited to an across-the-board increase of 5\% and a benefit increase of no more than 2%. The motion failed for lack of a second. ~Iayor Pro Tempore Cohen moved to consider In executive seSSlon the resolutions amending salarles and benefits for certain City department heads, City Engineer, City Manager, Clty Attorney and City Clerk. Second bv Councllmember van den Steenhoven. Dr. Fred Judson snoke in apposition to the proposed salary and benefit increases. After brief dlScusslon Council approved Mayor Pro Tempore Cohen's motion by the followlng vote: Council Vote: Afflrmative: Councilmembers Bambrick, Cohen, Trives, van den Steenhoven and I.layor Swink Negative: Councilmembers Reed and Scott . Agenda Item Il-D: Presented at thlS time was the staff report recom- mending modification of the refuse collection ordinance to require bins for six or more units and other additional equipment for residential complexes. Dan Sullivan asked why SiX units was recom- mended. General Services Director Schall said that reports from the Sanitatlon Department indicate a time savings with a bin for residential complexes of six units or more. Councilmember van den Steenhoven moved to instruct the City Attorney to prepare modifications to the refuse collection ordinance to require bins for SiX or more units and additional equipment for residential complexes as recommended in the staff report. The motion failed for lack of a second. Councll~ember Reed moved to instruct the City Attorney to prepare modifications to the refuse collection ordinance to require bins for residential complexes of ten or more units and additional equipment as recommended. Second by ~ayor Pro Tempore Cohen. Councilmember Trives requested a report be submitted to the Councll outlining feasibility of the bin placement and problems that it might cause. Councilmember Bambrick moved to amend the ordinance to apply to complexes of eleven or more. ~otlon failed for lack of a second. Councilmember Reed's motion was then approved by the following vote: Council Vote: A.ffirmatlve: Councilmembers Bambrick, Cohen, Reed, Scott and Mayor Swink . )legatlve: Councilmembers Trlves and van den Steenhoven Agenda Item Il-E: Presented at this time was the staff report recom- mending ordinance modifications to provlde for access and improvement requirements on publlC streets and alleys as a condition of develop- ment. Councilmember Trlves moved to concur wlth the staff recommenda- tion and instruct the City Attorney to prepare ordinance modlfications to provlde for access and improvement requlrements on publiC streets and alleys as a condltlon of development. Second by Councllmember Reed. Councll Vote. Unanimously approved 7-0 Agenda Item ll-F: Presented at this time was the staff report recom- mendlng approval of Moby's Dock Restaurant lease and assignment . 261 Resolutions amending employee salaries and benefits to be considered in execu- tive session Ci ty Attorney directed to prepare ordinance modifying refuse collectlon ordmance to reqmre blIlS for resldential complexes of ten or more tnn ts City Attorney to prepare ordinance JllOdi fications to provide for access and improvement reqmrements on public streets Contract 2426 Noby's Dock 262 Ci ty Attomey Kmckerbocker appointed CIty voting delegate for National League of Cities conference Contract 2429 i\rrendment to Health Screening ClinIC contract and authorization for CITY ~anager to execute documents. Discussion ensued in reg are to the 8% rental income to the CiTY, the advantag: of contlaulty through the lease aSSIgnment procedure. Councilmember Trlves moved to approve a fIve-year lease agreement to Mr. and Mrs. Westbrook by Contract ~o. 2426(CCS) and the assignment of said leas2 to ~r. and Mrs. Herman under the terms recommended In the staff report of ~ovember 14, 1977; and to authorIze the City Manager to exerCIse the approprIate documents. Second by Mayor Pro Tempore Cohen. . CounCIl Vote: Affirmative: Councilmembers BambrIck, Cohen, Trlves van den Steenhoven and Mayor Swink NegatIve: CouncIlmembers Reed and Scott Agenda Item ll-G: Presented at thIS time was the staff report recom- mending deSIgnation of a voting delegate for the ~ational League of CIties Conference and describIng the procedure for submitting amendments to National League of CIties NatIonal MunIcipal POlICY. Councilmember Trlves moved to receIve and fIle the staff report. Second by CouncIl- member van den Steenhoven. Upon hearing that the CIty Attorney would be in San Francisco at that time, CouncIlmember Trlves withdrew hIS motion. CouncIlmember Trlves moved to appOInt CIty Attorney Knickerbocker as the City's voting delegate for the NatIonal League of CItIes Congress of CitIes In San Francisco, December 3-7, 1977. Second by CouncIlmember van den Steenhoven. Council Vote: AffIrmative: Council~embers Bambrick, Cohen, Reed, Trlves, van den Steenhoven and Mayor SlVlnk . ~egative: CouncIlmember Scott Agenda Item ll-H: Presented at this time was the staff report transmitting the request of the Santa MonIca Bav Area Health Screening Clinic for the Elderly for an amendment to their contract. CIty Manager Williams reported that when the CounCIl adopted the 1977-78 budget, $30,000 was set aside for the ClInIC, $20,000 of that amount would be considered as contingency fundIng to be used only If the Clinic could not raise the funds elsewhere and to be authorIzed for release onlv If the Clinic was able to demonstrate that other funds were not . available. He added that the requested $20,000 would fund Clinic operations only through April, 1977. Golda Larks, representing the ClInIC, descrIbed the Clinic's Immediate financIal need and said use of a mInImum charge would keep some needy people away and donations are requested Instead. She saId that United Way and the NatIonal FoundatIon on Aging have pledged funds but It will take some time for funds to be received. Dr. Ralph Sachs, representing the Clinic, saId that future Income to the Clinic is antiCIpated through pendIng Assembly Bills 1611, 1612, and 998, passage of whIch would make the ClInIC eligible for lIcenSIng and collection of MedIcare payments. Dr. Sachs pOInted out that the ClinIC prOVIdes additIonal benefits by referring patients to prIvate doctors, partIcipatIng in research projects, and serving as a model in the State for similar clinics. . Lillian B. Rogers, Dr. Fred Judson and Dan Sullivan spoke in favor of making funds avaIlable to the ClInIC. DIscussion ensued during whIch the Council encouraged the ClInic representatives to dilIgently contInue their efforts to develop outSIde sources of funding. Councilmember Trlves moved to amend the contract with the Santa Monica Bay Area Health ScreenIng Clinic by Contract No. 2429(CCS) to release ~20,000 to cover operating expenses through August, 1978. Second by Councilmcmber Reed. CounCIl Vote. Unanimously approved 7-0 . . . . . Agenda Item 11-1: The request of the Clty Manager and City Attorney for an executlve session regardlng pending litigation was held over to the end of the agenda on order of Mayor SWlnk wlth consent of the City Councll. Agenda Item l2-A: Mr. A. D. Mayfield, Chlef of the Traffic Branch of District 7, Los Angeles, CALTRANS, State of Callfornla, presented the results of a speed zone survey conducted in response to the Cltv'S expressed desire to use radar to enforce the 40 miles per hour speed llmlt on the Pacif,c Coast Highway withln the Santa Monica Clty llmlts. Mr. Mayfield sald the survey showed that motorlsts were operatlng on the average of 45 miles per hour, the present speed limlt of 40 mlles per hour lS not being observed and that enforcement of a lower speed llmlt would be dlfficult and costly. He said the maJority of the accldents ln the area are occurrlng when cars enter and leave parklng lots rather than ln the resldential areas. He sald CALT~~NS would 11ke to set the speed llmit at 45 mlles per hour; lf the Clty wlshes they could set up radar enforcement and CALTRA\lS would resurvey the area ln SlX months to ascertaln the results. Discussion ensued durlng which the procedure for setting the speed 11mit, the speed trap questlon and the lncreased cost of enforclng a raised speed 11mlt wlth radar were discussed. It was clarlfled by Mr. Mayfleld that CALTRANS sets the speed llmlts on state highways. Councllmember Reed expressed concern that higher speed limits encourage motorists to travel at hlgher speeds. Mr. Mayfleld dlsagreed wlth this saying that 8S percent of people 19nore the slgns and drive at a speed they feel lS safe. Clty Manager Wlll,ams sald the City Trafflc Engineer dlsagrees wlth the CALTRA~S concept and feels that speedlng will not be reduced by ralslng the speed llmit. Councilmember van den Steenhoven moved to request staff to study alternatives ln regard to the speedlng problems on Paclfic Coast Highway wlthln the City limlts. Second bv Councl1member Trlves. Council Vote. Unanlmously approved 7-0 Agenda Item 12-B: Presented at this time was a letter from Ruth Cllfford resignlng from the Commisslon on Older Amerlcans. Councll- member van den Steenhoven moved to accept the reslgnation of Ruth Clifford from the Commlsslon on Older Amerlcans. Second by Councilmember Reed. Council Vote: Unanlmously approved 7-0 Agenda Item l2-C: Presented at this time was the request of Peggy Edwards-Haig regardlng the preservation of a mural located on a bUlldlng at Maln Street at Ocean Park Boulevard. DiscuSSlon ensued and Councilmember Reed suggested Ms. Edwards-Halg file an application 1<lth the Landmarks Commisslon. During dlScussion it was clarlfied that the building on whlch the mural lS palnted lS prlvately owned and not under the control of the Clty. Xo action was taken. Agenda Item l2-D' Presented at thlS tlme was the request of Pat Schneider regarding the Herltage Square Museum. After dlscussion, Councllmember van den Steenhoven moved to approve the request of Pat Schneider for use of City Fire Department equlpment to cover the roof of the Herltage Squarc Museum with plastlc cover for raln protectio~ subJect to admlnistratlve limltatlons. Second by Council- member Reed. Councll Vote: Unanlmously approved 7-0 Agenda Item l3-A: Presented at thlS tlme was ~Iayor Swink's request for discusslon of distrlbutlon of proceeds from Pallsades Beach Property Owners Associatlon annual beach home tour. After discussion Councllmember Trives moved to allocate proceeds from the Palisades Beach Property Owners Assoclation annual beach home tour to the 263 A. D. Mayfield, Chief of Traffic Branch of r~l trans presented speed zone survey. Staff to study alternatives in regard to speeding problems on Pacif,c Coast Higln.ay Ruth Clifford reslgned from the Commission on Older Amencans P. E&.ard-Halg request regarding preservation of mural presented Heritage Square Museum to get plastic cover Proceeds from tour to go to Heritage Square Museum 264 Resalution 4952 establishing salaries and benef:Lts .of certaIn Department heads and staff Resalution 4953 establishing salary and benefits for City Engineer Resalutian 4954 establishing salarIes and benef:Lts for the City ~hnager, City Attarney and City Clerk Heritage Square Museum. Second by Councllmember van den Steenhaven. Cauncil Vate: UnanImausly appraved 7-0 At 2:00 A.M. an .order .of Mavor Swink the Cauncil recessed ta executIve sessian ta dISCUSS employee'salaries and benefIts and pending litlgatlan. The Cauncil recanvened at 2:58 A.M. with all Councllmembers present. . Agenda Item ll-Cl: Cauncilmember van den Steenhaven moved ta adapt Resolution Na. 4952(CCS) entitled: "A RESOLUTIOX OF THE CITY COU)JCIL OF THE CITY OF SANTA )!OXIC\ ESTABLISHING SALARIES AND BENEFITS FOR CERTAIX DEPARTMENT HFADS AND STAFF", reading by tItle only and waiVIng further readIng thereaf. Secand by Councllmember Reed. CouncIL Vote, AffIrmative: Councllmembers BambrIck, Cahen, Reed, Trives, van den Steenhoven and Mayar ~~k ' :\egatIve' Councllmember Scatt Agenda Item ll-C2: Councllmember van den Steenhaven moved to adopt Resolution '\.0, 4953(CCS) entitled: "A RESOLUTION OF THE CITY COU:.!CIL OF THE CITY OF SAXTA MO:.!ICA ESTABLISHIXG SALARY AND BENEFITS FOR THE POSITION OF CITY E:\GI:\EER", reading by tItle .only and waiving further readIng thereof. Second by CouncIlmember Reed. CounCIl Vate: AffIrmative: Councilmembers BambrIck, Cahen, Reed, Trlves, van den Steenhaven and Mayor Swink . Negative: Councilmember Scott Agenda Item ll-C3' Councilmember Reed maved to adapt Resolution No. 4954 (CCS) entitled: "A RESOLUTION OF THE CITY OF SA:"lTA MONICA ESTABLISHING SALARIES AND BENEFITS FOR THE CITY y~NAGER, CITY ATTORNEY, AND CITY CLERK FOR FISCAL YEAR 1977-78", amended ta delete the SIX day addltlanal vacatlan for the City Clerk, reading by tItle .only and waIving further reading thereof. Second by Mayor Pro Tempore Cohen. Council Vote: AffIrmative: Councilmembers Cahen, Reed, Scott, TrIves, van den Steenhoven and Mayar Swink NegatIve: Councllmember Bambrick The CIty COlIDcil adjourned at 2:58 A.:-1. on motion .of Canncilmember Reed, secand by C.onncI1member Bambnck. C.onncilmember Reed requested that the adjournment be made in memory of tIargaret O. Weaver, Charles Stephen Savage, Dr. Olive Stone, 'Irs. '.linnewa S. Bell, !'lather of fonner Congressman Alphanzo Bell and llrs. Irma Cayton. Connell- member Bambnck requested that the adjournment be made in memory of Gerald P. Young. CauncIl Vate: Unanimausly appraved 7-0 ATTEST: APPROVED: . _..-' ".)1/ ~_~.-);~ J6y~ Sniaer CIty Clerk 4 (jh:'1^")~~~.itt~j d~~na O'Brien Swink )Iayor ~.<-~ .