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M-8/9/1977 197 . . . . CITY OF SANTA HONlCA CITY COUNCIL PROCEEDINGS August 9, 1977 A regular meeting of the City Council of the City of Santa Monica was called to order at 7:30 P.M. by Mayor Swink who led the assemblage in the pledge of allegiance to the United States of America. Mayor Swink then introduced Rabbi Earl Jordan of Beth Sholom Temple who offered the invocation. Roll Call: Present: Mayor Donna O'Brien Swink Mayor Pro Tempore Seymour Cohen Councilmembe: John J. Bambrick Councilmember Perry Scott Councilmember Nathaniel Trives Councilmember van den Steenhoven Absent: City Manager James D. Williams City Attorney Richard L. Knickerbocker City Clerk Joyce Snider Councilmember Christine Reed Mayor Swink introduced Senor Rafael Tirado Canizalez, Mayor of the City of Mazatlan, Mexico, a Sister City to the City of Santa Monica. Mayor Canizalez addressed the Council briefly, presenting the greetings of the citizens of Mazatlan and expressing his pleasure in being able to visit the City of Santa Monica. Mayor Pro Tempore Cohen moved to consider a recommendation regarding department head salaries, presently listed on the agenda under adminis- trative items, at an executive session. Second by Councilmember van den Steenhoven and approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Councilmember Trives moved that time be reserved at the subject executive session to discuss a summons served on the Council and staff regarding the airport situation. Second by Councilmember Bambrick. Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed At the request of Councilmember Scott, a resolution adding four positions to City employ as previously budgeted by the City Council was removed from the Consent Calendar. At the request of Councilmember Trives, an administrative report was given by City Manager Williams regarding a proposed resolution listed on the Consent Calendar which would approve the closure of Third Street on August 21, 1977 for the Jaycees bed race. The Consent Calendar was presented by the City Clerk after which the Council took the following actions by a single motion, adopting the resolution therein reading by title only and waiving further reading thereof on motion of Councilmember Trives, second by Council- member van den Steenhoven. Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Request for reimbursement of the following revolving cash funds were approved: Administrative Services - $185.64; Fire - $54.63; Planning - $16.40; Library - $93.79; Recreation and Parks - $146.57; Transporta- tion - $56.97; Airport - $35.00; City Attorney - $68.93. 197 Mavor of Mazatlan introduced Iepartment heads salaries to be considered at executive session Summons regarding alI-port sltuat10n for execut~ve session 198 Resolution 4906 closure ot 5rd Steet Settlement of claim G. ~n~s vs. City Settlement of claim R. Joy VS. City Contract 2356 Annual Report Weed Abateroont CETA contracts approved .. Resolution No. 4906 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CLOS ING THIRD STREET BETWEEN WASHINGTON AVENUE AND WILSHIRE BOULEVARD BETWEEN 11:00 A.M. AND 3:00 P.M. ON SUNDAY, AUGUST 21, 1977", was adopted. The settlement of the claim of Gonzalina Denis vs. City of Santa Monica was approved in the amount of $3,425.00. The claim of Russell Joy vs. City of Santa Monica was approved in the amount of $19,953.97. Contract No. 2356 (CCS) was awarded to Breene Lithograph Company in the amount of $6,302.76 for printing of the Annual Report. New and revised job classification specifications were approved as presented. The 1977 Weed Abatement Assessment roll was confirmed as presented. Authorization was approved for the City Manager to execute CETA contracts for the period of June 1, 1977 to August 30, 1978 in the total amount of $3,573.940. The minutes of the Special Call City Council/Redevelopment Agency meeting held July 26, 1977 and the minutes of the regular City Council meeting held July 26, 1977 were approved as mailed. This concluded the Consent Calendar. . ResolutlOn 4907 After discussion during which Mayor Pro Tempore Cohen requested that adds four positions monthly salary amounts hereafter be extended to show annual totals, Councilmember van den Steenhoven moved to adopt Resolution No. 4907 (CCS) . entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NO. 4646 WHICH RESOLUTION ESTABLISHES WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLoYMENT FOR VARIOUS ClASSES OF POS IT IONS . Second by Councilmember Trives. Resolution No. 4908 designat~ng certain area Underground Utility D1str~ct Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Trives, van den Steenhoven and Mayor Swink Negative: Absent: Councilmember Scott Councilmember Reed Establishnent of Lhder- Presented at this time was a public hearing to consider establishment ground Utility Distnct of Underground Utility District No. 3680.08 on Pacific Coast Highway on Pacific Coast and ordering the installation thereof. The proof of mailing was Highway presented by the City Clerk and ordered filed. The report of the staff outlining the necessity of undergrounding the utilities in the subject area was presented. On order of Mayor Swink the public hearing was opened at 7:49 P.M. Ephraim Ralph of 1343 Ocean Front, Santa Monica spoke in opposition to the establishment of an underground utility district in the proposed area because of the prohibitive expense to the property owners. Douglas Batt of 415 Pacific Coast Highway, Santa Monica spoke in support of the establishment of the underground utility district. The hearing was closed at 7:55 P.M. on motion of Councilmember van den Steenhoven, second by Councilmember Trives, by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed . Councilmember Trives moved to adopt Resolution No. 4908 (CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC NECESS ITY, HEALTH, SAFETY AND WELFARE REQUIRES, WITHIN A CERTAIN DESIGNATED AREA, THE UNDERGROUND INSTALlATION OF WIRES AND FACILITIES SUPPLYING ELECTRIC, COMMUNICATION OR SIMIlAR OR ASSOCIATED SERVICES AND DESIGNATING SUCH CERTAIN AREA AN UNDERGROUND UTILITY DISTRICT AND . . . . . 199 ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN SUCH DISTRICT AND THE UNDERGROUND INSTALlATION OF SUCH WIRES AND FACILITIES". Second by Councilmember Bambrick. Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 199 Presented at this time was a public hearing to consider the reopening Pubhc hearing to of the Santa monica Rifle Range on Sundays. The proof of publication cons~der re-opemng was presented by the City Clerk and ordered filed. A staff report was of the Rifle Range on presented outlining the request of the public who use the Rifle Range Sundays that the Council reopen the Rifle Range on Sunday afternoons. Thereport of physical improvements which have reduced the noise level but have not reduced it to an acceptable level for the original petitioners desiring the Range to be closed was presented and discussed briefly. On order of Mayor Swink, the public hearing was opened at 7:56 P.M. and the following persons spoke in favor of reopening the Rifle Range on Sunday: Donald V. Chase, who presented a petition bearing 128 names supporting reopening of the Range on Sundays, Bud Biorkman, Steve Harris and John F. Malone. The following persons spoke in opposition to reopening the Rifle Range: }trs. L. Pucci and Vivian Hamilton. On motion of Councilmember van den Steenhoven, second by Mayor Pro Tempore Cohen, the public hearing was closed at 8:06 P.M. Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Lengthy discussion ensued regarding various aspects of the use of the Rifle Range for target practice including compromise schedules that might be agreed upon; the possibility of the City providing air rifles to be used for target practice rather than private weapons; the possibility of enclosing the Rifle Range, whether usage is by clubs or individuals and the type of equipment that is used. Councilmember van den Steenhoven moved that the City purchase air rifles for use by Rifle Range users. Second by Mayor Pro Tempore Cohen. After discussion }~yor Pro Tempore Cohen withdrew his second and the motion failed for lack of second. Councilmember Scott moved to refer the matter to staff for report on 1) Comparability of air rifles and 22 rifles. 2) The possibility of a compromise schedule for use of Rifle Range. 3) The level of staffing required and cost. 4) Whether usage is by clubs or individuals and the type of equipment they require. 5) A breakdown of the persons using rifles vs. pistols and the income derived presently from the facility. Second by Councilmember Trives. Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed An ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5.5 TO ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE, PERTAINING TO HOUSE MOVING", was introduced on motion of Councilmember Trives, second by Mayor Pro Tempore Cohen, reading by title only and waiving further reading thereof. Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Presented at this time was an ordinance entitled: '~N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA A.~NDING SECTION 10101 OF THE SANTA MONICA MUNIC IPAL CODE, RElATING TO TAKE-OFF AND lANDING OPERATIONS OF AIRCRAFT BETWEEN 11:00 O'CLOCK P,M. AND 7:00 O'CLOCK A.M., for introduction and public hearing. The Council discussed at length the advisability of holding the public hearing at this time, as scheduled, or its deferral to a later date when additional fiscal Staff to report to Council on August 23, 1977 on use of Rifle range Ordinance introduced pertaining to house movmg Introduction of ordmance prohibiting nighttime a~rcraft operations at Santa ~bnica Auport contmued to to August 23, 1977 200 Public hearing opened regarding nighttime aircraft operat~ons the need to gather and assess more fiscal data was d.1scussed data could be gathered in regard to this matter, and, when Councilmember Reed would be present. Councilmember van den Steenhoven moved to defer the matter to the meeting to be held August 23, 1977. Second by Council- member Bambrick. After further discussion, the motion failed by the following vote: Council Vote: Affirmative: Councilmembers Bambrick, Cohen, and van den Steenhoven . Negative: Councilmembers Scott, Trives and Mayor Swink Absent: Councilmember Reed Mayor Pro Tempore Cohen moved to limit the time for each person to speak to three minutes each. Second by Councilmember van den Steenhoven and approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed The public hearing was opened at 8:21 P.M. and the following persons spoke in favor of continuing nighttime aircraft operations as presently constituted: Julie James Turnbull, Robert F. Gunnell, Christine Janss, R. Donald Jaye, John Trustham, Larry Janss, Rol Murrow, Stanley West, Gary Lapinsky, Dan Dibble, Dick Robbin, Salvatore Crimi, Larry S. Lindsay, W. R. Hall, Ken Krueger, Gerry Wicker, Chris Coughlan, John H. French, Marc Verville and Henry Jordan. The following persons spoke in opposition to nighttime aircraft operations at the Santa Monica Airport: James Hoyt, Frank S. Linhart, Allan Storms, Paul Ward, Tom Kinvan, Ted Esty, Les Hartley, John Kaufman, Mildred E. Eddy, Alma Osolln, Charles Davis, Richard Fall, Michael Emery, Mildred Todd, Walter Davis and Dorothy McGregor. Councilmember Scott moved to introduce the ordinance reading by title only and waiving further reading thereof. Second by Councilmember Trives. . Mayor Pro Tempore Cohen moved to amend the ordinance to allow aircraft to land at night. Second by Mayor Swink. After discussion the amendment to the motion failed by the following vote: Council Vote: Affirmative: Councilmembers Bambrick, Cohen Negative: Councilmember Scott, Trives, van den Steenhoven and Mayor Swink Councilmember Reed Absent: The main motion to introduce the ordinance then failed by the following vote: Council Vote: Affirmative: Councilmembers Scott, Trives and Mayor Swink . Negative: Councilmembers Bambrick, Cohen and van den Steenhoven Absent: Councilmember Reed The need to gather and assess more fiscal data in regard to the night flight operations was discussed and City Manager Williams informed the City Council that all major lessees had been contacted in order to gather this type of information and the operators had refused to give City staff the information, based on their attorney's advice. Further discussion ensued regarding the financial impact of stopping night flight operations, after which Councilmember Scott moved to place the introduction of the ordinance on the agenda of the Council meeting to be held August 23, 1977. Second by . 201 . . . . Councilmember Trives and spproved by the following vote; Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Mayor Pro Tempore Cohen moved to adopt Ordinance No. 1065 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9102 AND 9l29Fl OF, AND DELETING SECTIONS 9l29Fla, 9l29Flal, AND 9l29Fla4 FROM THE SANTA MONICA MUNICIPAL CODE, PERTAINING TO OFF-STREET PARKING REQUIREHENTS AND THE DEFINITION OF ADJUSTED FLOOR AREA", reading by title only and waiving further reading thereof. Second by Councilmember Bambrick and approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Presented at this time was the recommendation of the Planning Commission that Rl Zoning regulations be amended to eliminate certain automatic duplex approvals. Councilmember van den Steenhoven moved to approve the recommendation of the Planning Commission. Second by Councilmember Bambrick. Mayor Pro Tempore Cohen moved a substitute motion to refer the matter back to the Planning Commission for further consideration. Second by Councilmember Bambrick. After discussion the substitute motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Bambrick, Cohen, Scott and Mayor Swink Negative: Councilmember Trives and van den Steenhoven Absent: Councilmember Reed The time being 11:00 P.M. Councilmember Trives moved to continue the meeting in order to complete the scheduled agenda. Second by Council- member Scott and approved by the following vote: Council Vote; Unanimously approved 6-0 Absent: Councilmember Reed Councilmember Scott moved to approve the request for authorization of a franchise renewal with Theta Cable of California subject to the City Manager being assl~ne( the responsibility for completion of appropriate negotiations, including public hearings to be set. Second by Mayor Pro Tempore Cohen and approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Mayor Pro Tempore Cohen moved to appropriate an additional $1,500,000 from reserve accounts to acquire land within the Downtown Redevelopment Project for a period of twelve months at an annual interest rate of 6b;. Second by Councilmember Trives and approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 201 Orchnance 1065 adding definit~on of adJusted floor area to NLn1iClpal Code Reconnnendation of Planning Commission that Rl zomng regulations be amended, referred back to Comnussion Franchise rene"al wi th Theta Cable approved $1,500,000 appropriation to acquire land "ithin the DrnmtoNn Redevel- opment Project approved The request of Transit Shelters of America, ruc, to present a Bus shelter prograJll proposal for a bus shelter program was presented at this time. filed There being no one present to represent Transit Shelters of America, Inc., the matter was ordered filed on motion of Councilmember Scott, second by Mayor Pro Tempore Cohen and approved by the following vote: 202 Request of Rosario Perry regarding organization of Santa ~bnica ~~ll Committee tabled. Resolution 4909 allowing public cormren t dur~ng certain portion of Council meetlng wi thout a vote of the ('1Junci1 $1,500 appropriated for use of the Santa ~bnica Youth Soccer Club Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed The request of Rosario Perry regarding organization of the Santa Monica Mall Committee was presented at this time. Iza Feinstein represented Rosario Perry and requested that the City Council approve the appointment of those persons submitted by Mr. Perry to serve on the Santa Monica Mall Committee. He also requested that the Santa Monica Mall Committee be renamed the Central Business District Revitalization Committee. After discussion regarding the duties of the committee, Councilmember van den Steenhoven moved to endorse the committee. Second by Counci1member Bambrick. After a brief discussion regarding the scope of the committee, Councilmember Trives moved to table the matter so that guidelines could be set up for the duties and responsibilities of the committee. Second by Councilmember Scott and approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Counci1member Reed . Presented at this time was Mayor Pro Tempore Cohen's item, discussion of public comment on administrative items on the City Council A~enda. Mayor Pro Tempore Cohen moved to adopt Resolution No. 4909 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE RULES REGUlATING THE CONDUCT OF CITY COUNCIL MEETINGS", which ~vould allow public comment during discussion of administrative items at City Council meetings without a vote of the City Council. Second by Councilmember Trives and approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed . Presented at this time was the request of the Santa Monica Youth Soccer Club for $1,500 in order for the club to be able to attend a Soccer Tournament whose presentation was made ny Jose Lopez. Mr. Lopez informed the Council that the Santa Monica Youth Soccer Club has been invited to participate in a tournament in the State of Washington. He outlined the fund raising activities completed to date which have netted $2,600 and said the Club needs an additional $1,500 in order to attend the tournament. Councilmember van den Steenhoven moved to appropriate $1,500 for the Soccer Club, the first $400 to come from the Social Services Account with the balance of $1,100 to come from the unappropriated reserve of the General Fund. Second by Councilmember Trives. Discussion ensued during which Councilmember Trives moved to amend the amount to be given to $1,100, second by Councilmember Scott. After a brief discussion the amendment was withdra~o/I1 with consent of the second. The main motion was then approved by the following vote: Council Vote: Unanimously approved 6-0 . Absent: Councilmember Reed At 11:25 P.M. the Council meeting was adjourned to an executive session to be held August 10, 1977 at 7:00 P.M. on motion of van den Steenhoven, second by Mayor Pro Tempore Cohen Unanimously approved 6-0 The recessed meeting of the City Council was called to order August 10, 1977 by ~~yor Swink at 7:03 P.M. with the following Councilmembers present: . 203 Roll Call: Present: Mayor Donna O'Brien Swink Mayor Pro Tempore Seymour Cohen Councilmember John J. Bambrick Councilmember Perry Scott Councilmember van den Steenhoven . City }~nager James D. Williams City Attorney Richard L. Knickerbocker City Clerk Joyce Snider Councilmember Christine Reed Absent: (Councilrnember Nathaniel Trives arrived at 7:06 P.M. and joined the Councilmembers in executive session) Councilmember van den Steenhoven moved to recess to executive session to discuss pending litigation and labor negotiations as agendized. Second by Councilrnember Bambrick and approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Council recessed to executive session The Council reconvened at 9:50 P.M. after which Councilmember Trives moved to adjourn to 8:00 A.M. Friday, August 12, 1977 to discuss the items as previously agendized, second by Mayor Pro Tempore Cohen and approved by the following vote: Council Vote: Unanimously approved 6-0 CounCll adjourned until 8:00 A.M. August 12, 1977 . Absent: Councilmember Reed The recessed meeting of the City Council was called to order by Mayor Swink at 8:00 A.M., August 12, 1977 with the following: Roll Call: Present: Mayor Donna O'Brien Swink Mayor Pro Tempore Seymour Cohen Councilmember John J. Bambrick Councilmember Perry Scott Councilmember van den Steenhoven Councilmember Nathaniel Trives City Manager James D. Williams City Attorney Richard L. Knickerbocker City Clerk Joyce Snider Councilmember Christine Reed Absent: . The Council adjourned to executive session on motion of Councilmember van den Steenhoven to discuss pending litigation and labor negotiations as agendized. Second by Councilmember Trives and approved by the following vote: Council Vote: Unanimously approved 6-0 Cornell adjourned to executive session Absent: Councilmernber Reed The Council reconvened at 9:35 A.M. Mayor Swink announced that City Manager Williams had been given direction relating to labor negotiations. The meeting was adjourned in memory of Sylvia Horowitz, Dr. John Parrott and James J. McCarthy, on motion of van den Steenhoven, second by Mayor Pro Tempore Cohen. Council Vote: Unanimously approved 6-0 Councilmember Reed Absent: ATTEST: APPROVED: /~ '~~_L'" ~'-;t./' .~( __ ~__ ",~--L. J oyc , 'Snider ~9ity Clerk //1 / I! Ikf.-i./L\ Mu~ ~ftu.J Donna 0' Brien Swink Mayor .