M-9/13/1977
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CITY OF SA~TA MONICA
CITY COUNCIL PROCEEDINGS
September 13, 1977
A regular meeting of the Clty Council of the City of Santa Monlca was
called to order at 7:30 P.M. by Mayor Donna O'Brlen Swink who led the
assemblage in the pledge of allegiance to the United States of America.
Mayor Swink then lntroduced Rev. Alvin D. Smith of the First Presbyterlan
Church, who offered the invocation.
Roll Call: Present: Mayor Donna O'Brien Swink
Councilmember John J. Bambrick
Councllmember Christlne Reed
Councilmember Perry Scott
Councilmember Pieter van den Steenhoven
City Manager James D. Williams
Assistant City Attorney Samuel Streichman
Clty Clerk Joyce Snider
Absent:
Mayor Pro Tempore Seymour Cohen
Councilmember Nathaniel Trives
At this tlme incoming Planning Commissioner Geraldine Kennedy was sworn
in by City Clerk Snider.
The Consent Calendar was presented by the City Clerk after which the
Councll took the following actions by a single motlon adopting the
resolutlons therein readlng by title only and waiving further reading
thereof on motion of Councilmember Bambrlck, second by Councilmember Reed.
Councll Vote: Unanlmously approved 5-0
Absent: Councilmembers Cohen and Trives
Agenda Item 6-A: The mlnutes of Clty Council meeting held August 23,
1977 were approved as mailed.
Agenda Item 6-B: The request for relmbursement of the following
revolving cash funds was approved: Administratlve Services - $168.05;
Flre - $38.80; Transportation - $51.85; Recreation & Parks - $159.42;
Library - $89.32.
Agenda Item 6-D: ResolutlOn No. 4917 (CCS) entlt1ed: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA A}IENDING RESOLUTION NO. 4646
WHICH RESOLUTION ESTABLISHES WAGES, HOURS, AND OTHER TE~~S AND CONDITIONS
OF EMPLOYMENT FOR VARIOUS CLASSES OF POSITIONS", was removed from the
Consent Calendar and adopted on motion of Councilmember Reed, second by
Councilmember Bambrick.
Councll Vote: Afflrmative: Bambrlck, Reed, van den Steenhoven
and Mayor Swink
Negative:
Councilmember Scott
Absent:
Councilmembers Cohen and Trives
Agenda Item 6-E: Reso1utlon No. 4918 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONCURRING WITH AfrlENDME~TS
TO THE LOS ANGELES COU~TY SOLID WASTE ~A~AGEMENT PLAN", was adopted.
Agenda Item 6-F: Resolution No. 4919 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ESTABLISH-
~ENT, USE AND INVESTMENT OF ONE OR MORE DEPOSIT ACCOUNTS WITH CERTAIN
BANKS AXD SAVINGS AND LOAN ASSOCIATIONS: AUTHORIZING FACSIMILE SIGNATURES
BY ROBERT H. NASH AND KAY WATANABE AND AUTHORIZING CERTAIN OFFICERS AND
EMPLOYEES TO ENTER SAFE DEPOSIT BOX "B" AT THE UNITED CALIFORNIA BANK",
'''as adopted.
Agenda Item 6-G: Reso1utlon No. 4920 (CCS) entitled: "A RESOLUTION OF
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Resolution 4917
Job speciflcatlOns
for Housing
Rehabilitauon
Coord1nator
Resolution 4918
concurring' with
Los _~geles plan
Resolution 4919
authorizing certaln
depOSIt accounts with
State SaVlllgs and
Loan Assoclatlon
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Resolution 4920
MolllO of Understanding
Transportat~on Dept.
Employees
THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA APPROVING AND RATIFYING A
MEMO~~NDUM OF UNDERSTfu\DING WITH TRANSPORTATION DEPART~ENT EMPLOYEES
ORGANIZATIONS UNDER PARAGRAPH 13(c) OF THE URBAN MASS TRANSPORTATION
ACT OF 1964, AS AMENDED", was adopted.
Resolut1Dn 4921 Agenda Item 6 -H: Resolution No. 4921 (CCS) entl tIed: "A RESOLUTIO"l
amendJrent to include AUTHORIZING THE FILING OF AN APPLICATION A\IENDMENT WITH THE DEPARTMENT
funds for installat1DnOF TRANSPORTATION, UKITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN
Un~fonn Reporting MASS TRANSPORTATION ACT OF 1964, AS AMENDED", was adopted.
Settlement of case
Burruel vs. City
Settlement of case
De laney vs. Ci ty
Contract 2370
for voice radios
Contract 2371
for replacement
veh~cles
Resolution 4923
presentation of
Centennial Comnuttee
check
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Agenda Item 6-1: The settlement of Case No. WEC 44220 entitled Maureen
Burruel vs. the City of Santa Mon~ca was approved as recommended by staff
in the amount of $3~000.
Agenda Item 6-3: The settlement of Case No. WEC 33109 entitled Ree
Delaney vs. the City of Santa Monica was approved as recommended by staff
in the amount of $12,500.
Agenda Item 6-K: Contract No. 2370 (CCS) (Bid No. 1304) for two
portable cardiac telemetry and voice radios was awarded to Motorola
Communications and Electronics, Inc. by issuance of P.O. No. 29510
in the amount of $10,695.43.
Agenda Item 6-L: Contract No. 2371 (CCS) (Bld No. 1300) for replacement
veh~cles was awarded to Cushman Motor Sales, Inc. in the amount of
$28.677.35 by issuance of P.O. NO. 34047 in the amount of $18,750.34
and P. O. No. 34048 in the amount of $9.927.01.
This ended the Consent Calendar.
Agenda Item l2-D: Councilmember Bambr~ck moved to move Agenda Item
l2-D forward to be heard at this time, second by Councilmember Reed.
Counc~l Vote: Unanimously approved 5-0
Absent: Councilmembers Cohen and Trives
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Aubrey Austln, representing the Santa Monica Centennlal Committee
presented to the City at this t~me a check for $25,186.32 which
represented the remainder of the committee funds after the completion
of the Centennial Committee's activities for the year. Included in
the presentation were medallions valued at $6,125.21. Mr. Aust~n
introduced the officers of the committee to the Council at thlS tlme and
outlined to the Council the efforts of the committee dur~ng the previous
year. Counc~lmember Reed moved to adopt Resolution No. 4923 (CCS)
entitled: "A RESOLUTIOK OF THE CITY COUNCIL OF THE CITY OF SAI\TA MONICA
ACCEPTING THE SUM OF $25,186.32 FROM THE SANTA MONICA CENTENNIAL CO~~IITTEE
AND EXPRESSING THE APPRECIATION OF THE CITY FOR THE WORK OF THE COMMITTEE".
Second by Counc~lmember van den Steenhoven.
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Cohen and Trives
Ordmance 1068 Agenda Item 8-A: Ordinance No. 1068 (CCS) entitled: "AN ORDINANCE OF
prohibiting helicopterTHE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 10105A2 TO
pattern flight THE SANTA MONICA MUNICIPAL CODE, PROHIBITING HELICOPTER FLIGHT TRAINING
training OPERATIONS AT THE SANTA MONICA ;\IUNICIPAL AIRPORT", was adopted on motion
of Councilmember Scott, second by Councilmember Reed. -------
Council Vote: Unanimously approved 5-0
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Absent: Councilmembers Cohen and Tr~ves
Agenda Item 12-C: Counci1member Bambr~ck moved to hear Agenda Item lZ-C
at this time, second by Councilmember Reed.
Council Vote: Unan~mously approved 5-0
Absent: Counci1members Cohen and Trives
(ThlS item was subsequently heard upon the arrival of Councilman Kell
from the City of Long Beach.)
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Agenda Item 10-A: The communication from Commission on Older Americans
favoring the plan for a more realistic maximum rent allowance for
subsidized housing was presented at this time and ordered filed.
Agenda Item 10-B: The Planning CommlSSlon recommendatlon for
establishment of height limits in the C3 and C4 commercial zones
was presented at this time and Plannlng Director Lunsford presented
the staff report revlewing the actions of the Planning Commlssion to
date. Councilmember Scott moved that the matter be sent to the City
Attorney for preparation of an ordinance for Councll consideration
that provides for height limits as recommended by the Planning Commission
and that in returning the ordinance it is to be accompanied by an
opinion of the City Attorney that the ordlnance is drafted in such
form that lf an applicant meets the conditions of the Planning
Commission and the Clty Council and, lf the applicant's documentation
and impact report indicate that there are no adverse fiscal or
environmental lmpacts and hlS position is reasonable supportable,
that neither the Planning Commlsslon or the City Council can reasonably
wlthhold permission to construct a structure in excess of SlX stories
or in excess of twelve stories as requested; and that the standards
prepared by the Clty Attorney to prevent unreasonable withholding of
approval be clearly supportable. Second by Councllmember Reed. After
lengthy discussion the motion was approved by the following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Cohen and Trives
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Agenda Item II-A: Presented at this time was the proposed settlement
of Royal Inn's litigatlon and Acting Clty Attorney Streichman outlined
the facts of the litigation to date and recommended that the proposed
lease amendment and settlement b~ approved. Councilmember van den
Steenhoven moved to approve the lease amendment and settlement as
recommended by staff. Second by Councllmember Reed. The motion was
amended by the second with the consent of the maker to include the
condition that the office of the Clty Attorney is to be satlsfied with
the legality of the sltuation and to so report to the City Council.
Councll Vote: Unanlmously approved 5-0
Absent: Councilmembers Cohen and Trives
Agenda Item ll-B: Presented at this time was the acquisition of
1631 Ninth Street through eminent domain. Acting City Attorney
Strelchman outlined the proposal that Peter Houlberg and Sam Pozen
pay the cost of City acquisition of the former anlmal shelter
property through eminent domaln. He explained that the City had
prevlously acquired the subject property and sold it after having
given a license to Messrs. Houlberg and Pozen to utilize a drlveway
on the east side of the property. The sale of the property deprived
these two property owners of that use. Messrs. Houlberg and Pozen
have therefore agreed to pay the cost of Clty acquisitlon of the
property through eminent domain. Mr. Houlberg addressed the Councll
at this time and outlined the problems caused to hlm and Mr. Pozen
by the lnability to use the subject property. After Councll discussion,
Council~ember van den Steenhoven moved to authorize the City Attorney to
begin eminent domain proceedings, assuming no cost to the City. Second
by Councilmember Scott. After dlscussion of the varlOUS aspects of
the proposal, during which Councilmember Reed voiced concern about the
use of eminent domaln proceedings in thlS instance, the motion was
approved by the following vote:
Council Vote: Affirmative: Councilmembers Bambrick, Scott,
van den Steenhoven and Mayor Swink
Negative:
Councilmember Reed
Absent:
Councilmembers Cohen and Trlves
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Collllmmication about
rent allowance
Reconnnendanon for
establishment of
helght limits in the
C3 and C4 commercial
zones referred to
Ci ty Attorney for
preparanon of an
ordmance
Settlement of
of Royal Inn's
Ii tiga tion
Cl ty Attorney
directed to begm
elnlnent domain
proceedings for
acquisltion of
1631 :-linth Street
Agenda Item 12-C: Councilman Kell of the City of Long Beach having l-~rits of no fault
arrived at this time, hlS presentation \,as made on the merits of no-fault auto llisurance
auto insurance and he requested the support of the Council for no-fault presented
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Mayor to \~rite letter
supporting no-fault
auto insurance
On-site refuse charges
to be increased
ResolutlOn 4922
Approving Redevelop-
ment Agency land
sales agreement for
Ocean Park Redevelop-
ment Project
Contract 2372
One year extension of
pier lease with
lX>rothy and lX>reen
Adams
l\ppointment of
~ousing COmmlssioner
to Housing Co!Ill11l.ssion
must be fll1ed by a
Houslng .~thorlty
tenant over 62 years
County Transit
Proposal presented
Discussion of Drug
Abuse Councll
auto insurance with that support transmitted to the League of
Callfornla Cities Resolution Committee. Councllmember van den
Steenhoven moved to authorize the Mayor to sign a letter of support
for no-fault auto insurance to be sent to the League of California
Cities Resolutlon Commlttee immediately.
Council Vote: Unanimously approved 5-0
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Absent:
Councilmembers Cohen and Trives
Agenda Item ll-C: The staff recommendation to increase on-site
refuse charges was presented at this time and Clty Manager Williams
stated that the request was being made for service to refuse bins
located on private property, due to the added City costs in servicing
such blns. Councilmember Reed moved to approve the staff recommendation
as presented. Second by Councilmember van den Steenhoven.
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Cohen and Trives
Agenda Item Il-D: Presented at this time was the recommendation for
approval of Redevelopment Agency Land Sales Agreement for Ocean Park
Redevelopment ProJect. Councilmember Reed moved to adopt Resolution
No. 4922 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CONSENTING TO THE SALE OF LAND IN THE OCEAN PARK
REDEVELOPMENT PROJECTS lea) AND l(b) BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SANTA MONICA TO LINCOLN PROPERTY COMPANY AND THE EXECUTION
OF A DISPOSITION AND DEVELOPMENT AGREEMENT RESPECTING SAID LAND", second
by :>Iayor Swink.
Council Vote: Afflrmative: Bambrlck, Reed, van den Steenhoven
and Mayor Swink
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Negatlve:
Absent:
Councllmember Scott
Councilmembers Cohen and Trlves
Agenda Item ll-E: Presented at this time was the staff recommendatlon
for a one year extension of a Pier lease with Dorothy and Doreen Adams
to June 30, 1978. Councilmember van den Steenhoven moved to approve
a lease agreement extending the Pier Lease of Dorothy and Doreen
Adams, dba "Doreena, the Palm Reader", to June 30, 1978 by Contract No.
2372 (CCS). Second by Councilmember Reed.
Council Vote: Unanimously approved 5-0
Absent: Councllmembers Cohen and Trives
Agenda Item ll-F: Presented at thlS time was the report of the City
Clerk indlcating that the appointment to the vacancy for the Housing
Commisslon must be filled by a Housing Authority tenant over 62 years
age. City Clerk Snlder outlined the procedure by which the tenant
should be appointed and indicated that she intends to send a letter
to each of the tenants advlsing them of the vacancy on the commlssion.
The report was accepted with no action necessary.
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Agenda Item 12-A: Gerald B. Leonard, representing Los Angeles County
Supervisor Baxter Ward and the Citizens' Advisory Committee presented
a proposal for a County Transit Proposal and outlined the proposal as
submitted in writing to the Councll. Council discussion ensued during
which Clty Manager Williams said there are some problems with the plan
as presented and it was suggested by the Council that the staff present
an alternate plan to Mr. Leonard and that staff discuss the matter in
general wlth Mr. Leonard.
Agenda Item l2-B: Presented at this time was the request of Marilyn
Angle for dlScussion of City funding of Drug Abuse Councll and
formation of an Economy and Efflciency CDmmission. Mrs. Angle's
presentation indicated that she was under the lmpressiDn that a
truancy program had been funded under the funding of the Drug Abuse
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Council and was ~nformed by the Council that that was not so.
Formation of an Economy and Efficiency Commission was discussed briefly.
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Agenda Item l2-E: Presented at this time was the request for
discussion by Barbara Cohen regard~ng the dog s~tuation on Santa
~on~ca beaches. ~s. Cohen requested that the Council set as~de an area
on the beach to be used as a dog run. The matter was discussed by
Council and City Manager W~lliams ind~cated his concern regarding the
cost of such a program. Councilmember van den Steenhoven moved to
direct staff to investigate possible alternatives for provid~ng a dog
run on the beach or ~n another area. Second by Councilmember Reed.
Counc~l Vote: Affirmative' Councilmembers Bambrick, Reed,
van den Steenhoven and Mayor Swink
Negative:
Counc~lmember Scott
Absent:
Councilmembers Cohen and Trives
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Agenda Item l3-A: Presented at this time was a select~on of Two Fair
Election Practices Comm~ssion members to fill vacancies caused by the
expiration of the terms of Herbert Spurgin and Susan Rice.
Kenneth Edwards addressed the Counc~l and questioned the legislative
intent of the Code, stating that ten percent of the ballots cast was
required 2n order for a cand~date to make one nom~nation to the
Commission. The matter was cont~nued to the meeting of September 27,
1977 ~n order for the City Attorney's office to research the matter and
report to Council.
Agenda Item 13-B: The request of Councilmember van den Steenhoven
for a report from the City Attorney's office regarding the status
of ~ewsrack Ordinance enforcement was presented at this time.
Acting City Attorney Streichman related to the Council the
difficulties of enforcing the Newsrack Ordinance and outlined his
intent to cont~nue enforcement efforts.
Agenda Item 13-C: The request of Counc~lmember Reed for discussion
regarding use of d~rect appo~ntments to fill C~ty job openings was
presented at th~s time and Councilmember Reed requested that the
C~ty Manager restate his policy on the use of direct appointments.
City ~anager Williams stated that he has informed City Department
Heads that the use of direct appo~ntments is to be an alternative to
rather than in l~eu of regular procedures.
Agenda Item l3-D: Mayor Swink's request for discussion of Arnold
Schott's letter regarding dog impound fees was presented at this
time and discussed briefly.
Agenda Item l3-E: Councilmember Reed moved to add Agenda Item l3-E
to the agenda at this time, second by Councilmember Bambrick.
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Council Vote: Unanimously approved 5-0
Absent:
Councilmembers Cohen, Trives
Resolution No. 4924 eCCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MOXICA HONORING AND CO~~IENDING COACH JIM SUTHERLAND
OF SANTA MONICA HIGH SCHOOL", was adopted on motion of Councilmember
Reed, second by Councilmember van den Steenhoven.
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Cohen and Trives
At 10:30 P.M. Councilmember Reed moved to adjourn in memory of Harold
Stark, Georgia Rowel Willis, Ruth E. Stanley and Mary Jane Stanfield,
second by Councilmember Bambrick.
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Staff dnected to
invest~gate possible
alternatives for
providing dug run on
the beach
Selection of two Fair
Election Practices
Commission members
contmued to September
27, 1977
Report regarding
Newsrack Ormnance
presented
Direct appointments
to fill City jobs
Letter regarding
dog HlIpOlmd fees
Resolution 4924
corrnnending fonner
Santa ~bnica High
School Coach Janes
Sutherland
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Council Vote: Unanimously approved 5-0
Absent: Councilmembers Cohen and Trives
ATTEST: APPROVED:
/~I . .
{fl "}~Ccl'~- L
Joyee -SJiider
17Y Clerk
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ihrPV1'l{~iA~~1~UA'J
Donna 0 '-Brien S\-link
Mayor
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