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M-11/23/1982 . . . . 37 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 23, 1982 A special meeting of the Santa Monica City Council was held on Tuesday, November 23, 1982, at 6:00 P.M. for the purpose of discussing pending litigation and personnel matters. The 'meeting was called to order by Mayor Yannatta Goldway at 6:05 P.M. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Joann Jelly CLOSED SESSION: It was moved by Councilmember Conn and seconded by Councilmember Zane to adjourn to Closed Session. The motion was carried unanimously. At 7:35 P.M. Council reconvened with the following members present: Councilmembers Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta ,Goldway. Mayor Yannatta Goldway announced that no action had been taken. The regular scheduled meeting of the Santa Monica City Council was called to order by Mayor Yannatta Goldway at 7:45 P.M., Tuesday, November 23, 1982. Mayor Yannatta Goldway led the assemblage in the pledge of allegiance to the United States of America and introduced Reverend David David of the First United Methodist Church, who offered the invocation. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember William H. Jennings Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Joann Jelly 1 November 23, 1982 38 . 4. SPECIAL AGENDA ITEMS: 4-A: Presentation of em~loyee service pins: Mayor Yannatta Goldway presented a service pin to James A. Glenn, honoring his 35 years of service as a City employee. 4-B: Announcement of ufComing ap~ointment to Commission on the Status of Women, December 14, 1982. Mayor Yannatta Goldway announced that the deadline for applications was 5:00 P.M., November 24 for appointment on December 14, 1982 at the regular meeting. 4-C: Announcement of u~oming appointments to System Advisory Board of the Metropolitan Cooperative Library System December 28, 1982. . Mayor Yannatta Goldway announced that the appointment would be made as presently scheduled for the December 28, 1982 meeting. She further advised the audience that the deadline for applications to be in the City Clerk's office was December 10, 1982. 6. CONSENT CALENDAR. Councilmember Conn removed Item 6-G and Councilmember Reed removed Item 6-A. Councilmember Conn then-moved, and Councilmember Zane seconded to approve the Consent Calendar Items 6-A through 6-H, with the exception of Items 6-A and 6-G: 6-B: Ordinance No. 1263(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 2203 THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A MUNICIPAL SOLAR UTILITY, was adopted. 6-C: A recommendation to approve revised classification specifications for Librarian I, Meter Repairer and Crime Prevention Coordinator was approved. 6-D: Bid No. 1788 was awarded to Walker-Buerge Ford in amount of $6,844.76 on Item One and Santa Monica Ford in amount of $8,768.14 on Item Two for pick-up trucks. . 6-E: Bid No. 1798 was awarded to U.B.I Planning and Design in amount of $11,986.58 for Steelcase Lateral Files. 6-F: Bid No. 1799 was awarded to Safeway Sign Company in amount of $17,934.65 for traffic and street name signs. 6-H: Bid No. 1816 was awarded to Riccobon Business Forms for Item One in amount of $1,206.75, to Apperson Business 2 November 23, 1982 . . . . . 39 Forms for Item Two in amount of $784.05 and Moore Business Forms in amount of $I,221.56 for time cards, warrants and payroll checks. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None 6-A: Approval of Minutes of meeting held October 26, 1982. councilmember Reed indicated that she had pulled the item in that page 8, Item 14-A, had not reflected her dissenting vote. Councilmember Reed then moved, Councilmember Conn seconded to approve Item 6-A as amended. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Yannatta Goldway Negative: Councilmembers: None 6-G: Award of Bid No. 1805 to the lowest bidders for unit prices and/or discounts show~ for period of December 1, 1982 throush November 30, 1983, includins options for two one-year extensions for bus repair parts. Councilmember Conn had removed the item to review the monitoring process in City purchasing procedures. The Director of Purchasing reported on current procedures and the City Manager advised that at a later time staff will return to Council for authority to raise the purchasing by staff limit to $5,000 to increase effectiveness in the City's procurement activity. Councilmember Conn moved, Mayor Pro Tempore Edwards seconded awarding Bid No. 1805 to the following vendors: Mohawk Manufacturing and Supply Co., Harbor Diesel & Equ~pment, Inc., Muncie Reclamation & Supply, Original Parts Supply, Nycal Co., Charles W. Carter Co., Graham Brake & Diesel, Hausman Bus Sales and Parts Co., and Bearing Sales Co. The motlon was approved by the fOllowing roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None 3 November 23, 1982 40 . Mayor Pro Tempore Edwards moved and Councilmember Conn seconded to add Item Il-J and 14-M to the agenda. The motion was approved by unanimous vote. 7. PUBLIC HEARINGS: 7-A: Confirmation of Assessment of COsts to re~ai~ damaged sidewalks, driveways and curbs at various locatlons on Marine Street. (SR-82-37). The City Manager presented the staff report. There being no one in the audience to address Council on the matter, Councilmember Conn moved, Councilmember Zane seconded and the motion carried unanimously to close the public hearing. Councilmember Conn then moved and Mayor Pro Tempore Edwards seconded approving adoption of Resolution No. 6591(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-82-37)," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: . Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None 9. RESOLUTIONS: 9-A: Resolution approvin9 Final Tract Map No. T-3730S, for a six-unit condominium, 1434 19th Street: The City Attorney presented the staff report. Mayor Pro Tempore Edwards, moved and Councilmember Conn seconded approving Final Tract Map No. T-37305 adopting Resolution No. 6592(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 37305," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: . Affirmative: Councilmembers: Conn, Edwards, Jennings, Reed and Zane Abstain: Councilmember: Press and Mayor Yannatta Goldway 11. ADMINISTRATIVE ITEMS. II-A: Approval of contract between City and Southern California Gas Company and Southern California Edison Company to provide residential conservation service audits to residents: 4 November 23, 1982 . 41 . The staff report was presented by the City Manager, who referenced the remainder of the report to the Assistant to the City Manager. Council extensively deliberated the matter reviewing the contract and staff report. The City Manager introduced representatives from the subject utilities. Margo Wells and Thomas Ivey from the Edison Company, and Ernest Stocker and Norma Gonzales from the Gas Company. Rudy Alvarez, and John Silber spoke in favor of the item. Harry Enck also addressed Council. Councilmember Conn moved, Mayor Pro Tempore Edwards seconded for APPROVAL OF CONTRACT NO. 3857(CCS) ENTITLED: "A CONTRACT WITH THE SOUTHERN CALIFORNIA GAS COMPANY AND THE SOUTHERN CALIFORNIA EDISON COMPANY TO FUND RESIDENTIAL CONSERVATION SERVICE ReS AUDITS FOR CITY RESIDENTS.- The motion was approved by the following roll call vote: . Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmember Reed Councilmember Reed requested that the record reflect the reason for her negative vote was due to her reservations about approving a contract in advance of the determination by the Public Utilities commission and the California Energy Commission with regard to the Anti-Trust liability question. Il-B: Resolution to add Ocean Park Boulevard between Cloverfield Boulevard and Centinela Avenue to the Federal-Aid Urban~~te~: The staff report was presented by the City Manager. After a brief d1Scussion, Councilmember Conn moved and Mayor Pro Tempore Edwards seconded to approve staff recommendation and adopt Resolution No. 6593(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL-AID URBAN SYSTEM," reading by title only and waiving further reading thereof and further recommending that staff perform necessary surveys for speed laws. The motion was approved by the . following vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None ll-C: Recommendation to adopt Supplemental Affirmative Action Plan for Disabled and direct City Mana~er to implement its ~rovision. 5 November 23, 1982 . 42 . The City Manager presented the staff report. The Director of Personnel and the Coordinator for the Disabled Program were present to answer questions. Councilmember Conn proposed that participat10n in the program be part of the Department Head evaluation program; however, it was explained that the program is part of the Affirmative Action Plan, incorporated in the evaluation process. Councilmember Press moved and Councilmember Conn seconded to APPROVE THE STAFF RECOMMENDATION AND ADOPT THE SUPPLEMENTAL AFFIRMATIVE ACTION PLAN FOR THE DISABLED AS SUBMITTED IN THE AGENDA, AND TO DIRECT THE CITY MANAGER TO IMPLEMENT ITS PROVISION BY MID-JANOARY. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Mayor Yannatta Goldway . Negative: Councilmembers: None Il-D: Recommendation to direct the City Attorne~ to draft amendment to Alarm Ordinance to control audible alarm systems-af~~~~q_to_motor vehicles. ' The City Manager presented the staff report. Council commented on the offensive conduct of the alarm systems and explored methods whereby alarm offenses could be more closely regulated. Councilmember Press moved and Mayor Pro Tempore Edwards seconded TO DIRECT THE CITY ATTORNEY'S OFFICE TO DRAFT AN AMENDMENT TO THE ALARM ORDINANCE TO CONTROL AUDIBLE ALARM SYSTEMS AFFIXED TO MOTOR VEHICLES. The motion was approved by the following voice vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Councilmember Conn moved, Councilmember Reed seconded to continuetne remaining eleven administrative items (ll-E, ! Il-F, and II-G) with the exception of 11-1 and Il-J. The motion carried unanimously. . Il-H: Annual review of the Community Development Block Grant (CDBG) Program and-re~~~~~~~~ionfor n~ce~sary changes in project or reprogramming of funds. - The City Manager presented the staff report and summarized potential actions before Council: 1) Approval of Multiservice Center for provision of social services 6 November 23, 1982 . . . . . 43 (balance of $508,416). 2) Acquisition of Youth recovery HOme for CLARE Foundation (a balance of $200,000). 3) Requests of Westside Legal Services for $3.975 of contingency funds for modifications of current office partitions to enclose offices. 4) Latina-Maternity Care Project for $25,000 of contingency funds for structural renovations for a facility. The following people spoke on the matter: Ken Schonlau, Director of CLARE Foundation addressed Council recommending that Community Development Block Grant funds be preserved for the CLARE Foundation. Discussion followed. Judy Rubenstein, Director of the Westside Legal Services, addressed Council and described problems of lack of privacy. She requested that Council add $1.500 to a previous request bringing the total to $5,475. Lauren Burton, Director of the Neighborhood Justice Center, an activity attendant to the prior project, also addressed Council with similar needs. Harry Gewerts spoke representing the Multiservice Center, stating that he was not informed of the proposed change regarding the funding of the Multiservice Center. Il-H, No.1: Councilmember Press moved and Councilmember Conn seconded, to postpone the item to give the Multiservice Board an opportunity to review the matter and meet with City staff. The motion was approved by the following voice vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Il-H, No. 3 & 4: Councilmember Conn moved and Mayor Pro Tempore Edwards seconded to approve Items 3 and 4 with the amendment that Item 3 could be approved up to but not exceeding $6,000. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers: Reed Councilmember Reed asked the record reflect her reason for the negative vote was that she did not feel that the , maternity program was a proper use for these funds. I .ll-H, No.2: Councilmember Conn moved and Councilmember Zane seconded to review the status of the CLARE Youth Recovery Home but delay reprogramming funds until the next Community Development Block Grant year. In the discussion I which followed Council commented that alternative sites will 7 November 23, 1982 44 . be studied by staff and if such questions are not resolved by May 1983, the item will receive further scrutiny by Council. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None i 11-1. Re~uest for closed Session resarding pendins litisation.and personnel matters. Held later in the meeting. See page Il. Il-J: See page 11. 12-A: ADMINISTRATIVE P~QCEE~ING~. . 12-A. This item was continued to December 14, 1982. 13-A: WRITTEN COMMUNICATIONS: 13-A: Re~uest of Deforrest R. M~st t~ add~ess~Council resardins proposed bottle ba~ on.the Santa~Monica Beaches. Mr. Deforrest R. Most identified himself as a retired Recreation Director and exhibited a broken bottle found on the beach, advising Council that the ordinance regarding the ban on bottles at the beach should be more effectively enforced and furthermore that the radio, television and newspapers should be notified to assist in the publicity of the program. No further action was taken at this time. 13-B: Re~uest of Alexander M. Man, representins the Friends' Peace Center, to ad~ress Council resardins..a pro~sed resolution to declare Santa Monica to be a nuclear free zone. This item was removed at the request of Mr. Man. 13-C: Re~~~st of Janet Voselsans, Ocean Front Tenants Association, to address Council resardins trash problem on Santa Monica Beach. . This item was presented with a slide demonstration illustrating littered areas at the Santa Monica Beach. After further discussion between Council, staff and the proponents, alternatives for solution were reviewed such as plastic bags, contests for refuse brought in, requests for concessions to operate, nuisance abatement on private property, and the anti-graffiti program being considered by Recreation and Parks as well as the use of murals. Council 8 November 23, 1982 . . . . . 45 directed a mural policy be proposed and be returned to Council. iAt IO:50 P.M. Councilmember Conn moved, seconded by Mayor , Pro Tempore Ken Edwards to extend the meeting past 11:00 P.M. The motion was approved by the following voice vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Zane and Mayor Yannatta Goldway Negative: Councilmembers: Reed 14-A: Request of Councilm~mber Je~ni~~s to discuss measures to ~revent ~ublic dis~lay of racial, ethnic or religious bisotry. (Continued from November 9, 1982). I Councilmember Jennings explained the basis of his request, objecting to swastikas being placed on the Sweet Sixteen . Shop. Councilmember Conn commented that the Chief of Police was maintaining the file on such incidents and felt an I inquiry should be made of his files as well as remind him of ,Council concern. The City attorney advised that such . incidents were generally considered violations of the Penal Code and further that the State code would preempt municipal . ordinances. Councilmember Jennin9s moved, Councilmember I Conn seconded to permit John Jurenka to address Council. 'I The motion carried unanimously. Mr. Jurenka expressed his i concerns to Council regarding such incidents. 14-B: Continued to November 30, 1982. I 14-C: Request of Mayor Yannatta Goldway to discuss . possibility of cancellin~ Council meetin~ of December 28, 1982. ,Mayor .~ro Tem~ore Edwards moved and Councilmember Jennings I seconded TO APPROVE THE CANCELLING OF THE COUNCIL MEETING OF DECEMBER 28, 1982. The motion was apparoved by the following voice vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None 14-D: Continued to November 30, 1982. .14~E: Request of._~ouncilmember Reed to discuss plans.to !restripe Eleventh Street ~nd Fourteenth Street. Councilmember Reed indicated she had placed the item on the agenda because staff had made an administrative decision to restripe the street. Her concern was that the neighboring ! 9 November 23, 1982 46 . !residents should receive notices to attend such hearings. icouncilmember Zane suggested that the item be continued in : order to permit the notice process to occur. Mayor Yannatta ,Goldway noted that Al Kolker and John Jurenka had requested [to address COuncil on the matter. Mr. Jurenka indicated ,that he would be willing to wait for a future public hearing ;to address COuncil; however, Mr. Kolker expressed a preference to address Council at this time. Councilmember ,Conn moved, Councilmember Reed seconded to hear Mr. Kolker land the motion was carried unanimously. Mr. Kolker explained that the basis of his concern was public safety. :He commented on the Traffic Engineer's suggestion and felt ,that Council, by taking action, would prevent traffic danger I from continuing. Councilmember Conn stressed to Mr. Kolker the importance of the City conducting public discussion on ,such an item and give neighbors an opportunity to address 'Council. Icouncilmember Reed moved and Mayor Yannatta Goldway seconded to request staff 'to prepare a report for a public hearing ,and include a report of the prior accidents in this area. ;Icouncilmember Zane added with the approval of the maker of the motion and the second to include comparative assessment 'studies made on Seventeenth Street and Twenty-sixth Street iin the report. The motion carried unanimously. . I4-F: Request of Coun~~lmember Reed to discuss plans to sched~le .work o~,Wi~sh~~e Boulevard durins-hol~day sales period. 1982. She explained she placed this item on the agenda in response to a request by Mr. Michael Hecht to address Council on the matter. Mr. Hecht stated the importance of delaying construction in his neighborhood at-this time in that 20 percent of his sales occur between Thanksgiving and Christmas: such construction would impair his sales as well as those of adjacent retailers. Mayor Yannatta Goldway jadvised she had r~ceived a similar call from Mickey Fine i (Clothiers). The Manager addressed the financial impact on Ithe city. The Director of General Services detailed notice procedures to the 300 plus businesses on Wilshire Boulevard ; last week. Only two calls had been received from those ; concerned. He also noted that a meeting had been held with I the Wilshire Boulevard Division of the Chamber of Commerce. ,No objections had been expressed as to the timing of the \ construction. Icouncil expressed concern that construction at this time was ,unfair to the merchants. Also of concern to Council was that construction worKers would be laid off right before Christmas and suffer loss of wages on which they had planned. The City Manager stated that this kind of a project occurs only every forty years and to discontinue construction from December 1 to December 29 would cost the city $125,000. . IIO November 23, 1982 . . . . . 47 i 'The City Manager suggested that he be authorized to attempt to resolve the matter and return the following week with a firm recommendation. It was requested by Council that notices be sent to the businesses as well as the Wilshire IChamber of Commerce. Mayor ~ro Tem~ore Edwards moved. . 'Seconded by Mayor Yannatta Goldway that the recommendatlon of the City Manager be accepted. The motion was approved by the following vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None 14-G: Continued to November 30, 1982. ,ll-J: Arpropriati~n of ProfOsition A funds in amount of 1~3,200 and matchin9 funds fo~ acquisition of WISE 'paratransit ~ehicle. This item was placed out of agenda order and considered ,later in the meeting to hear those items wherein members of Ithe audience wished to give input. The City Manager presented a brief staff report. Councilmember Zane moved and Councilmember Conn seconded approving the staff recommendation to appropriate $3,200 in I'proposition A funds to use as a match for the acquisition of a replacement paratransit van. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Ill-I: CLOSED SESSION: IAt 11:35 P.M., Councilmember Conn moved, Mayor Yannatta !Goldway seconded and motion carried unanimously to adjourn into Closed Session. At 1:45 A.M., Council reconvened with the following members present: Councilmembers Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta IGoldway. The Mayor announced that three courses of action 'had taken place: The City Attorney read by title each of these items which were acted upon as follows: Mayor Yannatta Goldway moved and Councilmember Conn seconded I'to adopt Resolution No. 6594(CCS) entitled: "A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BLUE CROSS OF III November 23, 1982 4B . CALIFORNIA TO PROVIDE A FEE FOR SERVICE DENTAL PLAN FOR CITY i EMPLOYEES," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: Affirmative: Counci1members: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Counci1members: None Councilmember Conn moved and Mayor Yannatta Goldway seconded to authorize paYment of arbitration award in case of Rosa , Palfi versus City of Santa Monica, Case WEC 47971 in amount ! of $13,000 plus costs. The motion was approved by the fOllowing roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway . Negative: Councilmembers: None Councilmember Conn moved and Mayor Yannatta Goldway seconded to authorize payment of arbitration award in case of Joseph Solis versus City of Santa Monica in Case C-56670 in amount of ~5,600. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta Goldway I Negative: , AD.JOURNMENT: councilmembers: None ,At 1:50 A.M., Councilmember Conn moved and Mayor Yannatta 'I Goldway seconded to adjourn the meeting in memory of Henry J. Pascoe, Frieda Chaikin, Julia Hammond, Robert E. 'Bradley, Phillip S. Burns and Albert Burdett. The motion 'was approved by the following voice vote: . 12 November 23, 1982 . . . . . 49 Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed, Zane and Mayor Yannatta GOldway Negative: Councilmembers: None ATTEST: " ,;:" )/>, I' !, ' ,J....r ~/" I/.;.A'~-L- Joann Jelly Ci ty Clerk ROV~:J: 1 v:t-, ~/1 / Lb;lf~fA!-f't;~~~?<i Ruth YanU:- Goldway U Mayor 13 November 23, 19B2 . . . .