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M-9/13/1977 . . . . 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 217 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 218 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 . 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 . 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 . 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.) . . . . . 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 y-/ 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 219 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 220 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 . 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 . 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. . 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 . Council and was ~nformed by the Council that that was not so. Formation of an Economy and Efficiency Commission was discussed briefly. . 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 . 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. . 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. . / 221 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 222 Council Vote: Unanimously approved 5-0 Absent: Councilmembers Cohen and Trives ATTEST: APPROVED: /~I . . {fl "}~Ccl'~- L Joyee -SJiider 17Y Clerk . ihrPV1'l{~iA~~1~UA'J Donna 0 '-Brien S\-link Mayor . . .