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M-11/9/1982 27 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 9, 1982 A regular meeting of the Santa Monica City Council was held on Tuesday, November 9, 1982, and called to order by Mayor Yannatta Goldway at 7:38 P.M. Mayor Yannatta GoIdway led the assemblage in the pledge of allegiance to the United States of America, and introduced Rabbi Stuart Lasher of the Santa Monica Synagogue, who offered the invocation. Roll Call: Present: Mayor Ruth Yannatta Goldway Mayor Pro Tempore Ken Edwards Councilmember James P. Conn Councilmember Dolores M. Press Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. AlschuIer, Jr. City Attorney Robert M. Myers City Clerk Joann Jelly Absent: Councilmember William H. Jennings COUNCILMEMBER ITEM: (Continued): 5-A: Re~uest of Mayor Yannatta Goldway for discussion of City-wide voter re~istration cam~ai~n. (Item l4-D September 14, 1982). Mayor Yannatta Goldway presented the item to determine whether Council desired a City-wide voter registration campaign as noted during budget hearings earlier in the year. Mayor Yannatta Goldway clarified that the plan included the distribution of voter registration cards and bi-lingual explanatory fliers to the school children in the Santa Monica schoolsl public libraries and recreation facilities, social service agencies, and distribution through the Chamber of Commerce to businesses and outreach by the City Clerk. In addition a voluntary Deputy Registrar program was proposed to assist registration at key locations. The Community Liaison Officer had compiled a list of organizations which will rece1ve promotional fliers. Councilmember Reed requested that the list be circulated to Councilmembers. Councilmember Conn suggested including Santa Monica College in the program. Councilmember Conn moved and Mayor Yannatta Goldway seconded to adopt the recommendation directing the City Clerk to implement the City-wide voter registration campaign for January and February as outlined in the agenda memoranda 1 November 9, 1982 28 including all groups in the City. Councilmember Reed, with the approval of the maker of the motion and the second, added the task of assisting the County Registrar in purging the voter registration roll. The motion was approved by unanimous vote. AGENDA AMENDMENT: Councilmember Conn moved and Councilmember Zane seconded to add Item 6-P and ll-D to the agenda. The motion was approved by unanimous vote. 6. CONSENT CALENDAR: Mayor Yannatta Goldway removed Item 6-F for individual consideration. Councilmember Conn moved and Councilmember Zane seconded to approve the Consent Calendar Items 6-A through 6-P, reading ordinances and resolutions by title only and waiving further reading thereof with the exception of Item 6-F as follows: 6-A: The minutes of the meeting held October 121 1982 were approved. 6-B: Ordinance No. l261(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING POLICIES AND PROCEDURES THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM," was adopted. 6-C: Ordinance No. l262(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4810 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING DISRUPTION OF VARIOUS HOUSING SERVICES," was adopted. 6-D: Resolution No. 6582(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A DATE TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR GUTTER INSTALLATION ON FOURTH STREET BETWEEN BROADWAY AND ARIZONA, ALL WITHIN THE CITY OF SANTA MONICA," was adopted setting a public hearing for December 14, 1982. 6-E: Resolution No. 6583(CCS) entitled: "A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS I DRIVEWAYS AND CURBS. (SR-82-38)," was adopted setting a public hearing for December 14, 1982. 6-G: Resolution No. 6595(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING DIRECT NEGOTIATION FOR THE SALE OF NINE USED BUSES AND THREE USED VEHICLES FROM THE TRANSPORTATION," was adopted rejecting all bids for Bid No. 1808 and authorizing City Manager to negotiate directly for sale of used buses and vehicles on open market. 2 November 9, 1982 29 6-H: A recommendat~on to authorize City Clerk to advertise vacancy on System Advisory Board Metropolitan Corporation Library System was approved. 6-1: A request to transfer funding with the pier budget in amount of $750.00 for purchase of safe was approved. 6-J: Contract No. 3854(CCS) was awarded to T. E. Thayer Electric in amount of $48,826 for construction of electrical power system modification to City Hall and authorization of City Engineer to issue change orders not to exceed $14,000. 6-K: Contract No. 3855(CCS) was awarded to Eberhard Roofing in amount of $35,760 and authorization of City Engineer to issue change orders not to exceed $7,249. 6-L: Bid No. 1777 was awarded to Specialty Installations in amount of $20,004 for replacement doors for civic Auditorium. 6-M: Bid No. 1786 was awarded to Milo Equipment Corporation in amount of $49,931.16 for articulated wheel loader. 6-N: Bid No. 1804 was awarded to Cal-Wipe, Inc. for Items 1 and 7, and Gale Supply Company for Items 2, 3, 4, 5, 6 and 8 for period of November 1, 1982 through October 31; 1983 with two one-year options for paper supplies. 6-0: Bid No. 1810 was awarded to Livingston-Graham for transit mixed concrete. 6-P: A recommendation to reject low bid of printer currently subject to strike by employees and award bid for City newsletter, "Seascape" (6 issues) to Rogers & McDonald was approved. The Consent Calendar with the exception of Item 6-F was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Jennings 6-F: Resolution establishin~ ~hysically disabled parkin~ space adjacent to 1610 Twenty-sixth Street. The City Manager presented the staff report. Discussion ensued pertaining to a status report on the lease. Mayor Yannatta Goldway moved and Councilmember Conn seconded to accept the staff recommendation to adopt Resolution No. 6584(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF 3 November 9, 1982 o THE CITY OF SANTA MONICA ESTABLISHING CERTAIN ON-STREET HANDICAPPED PARKING ZONES," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Press, Reedl Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Jennings Mayor Yannatta GOldway moved, Councilmember Press seconded and motion carried unanimously directing staff to report on status of lease. 7. PUBLIC HEARINGS: 7-A: Public hearins on construction of concrete 9utters and street resurfacins on Second Street between Broadway and Wilshire Boulevard. (Item 7-C October 26, 1982, continued.): The City Manager presented the staff report. Councilmember Zane moved. Councilmember Conn seconded and motion carried unanimously to delete the item out of agenda order to later in the meeting to permit Council adequate time to review materials presented in the agenda packet of OCtober 26. 1982, but not resubmitted in the agenda packet at hand. After completion of Item 7-0, Mayor Yannatta Goldwa~ moved Counci1member Zane seconded and motion carried unan~mously to reopen the public hearing. There being no one to address Council on the matter, Councilmember Zane moved, Mayor Pro Tempore Edwards seconded and motion carried unanimously to close the public hearing. Discussion ensued on the method of computation used to determine costs assessed to property owners and shared by the City for street improvements and trees. Mayor Yannatta Goldway moved and Mayor Pro Tempore Edwards seconded to approve staff recommendation and adopt Resolution No. 6585(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET RESURFACING ON SECOND STREET BETWEEN BROADWAY AND WILSHIRE, ALL WITHIN THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof, and assure local merchants that work will not begin until after the holiday season. The motion was approved unanimously by the following roll call vote: 4 November 9, 1982 31 Affirmative: Councilmembers: Conn, Edwards I Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Jennings 7-B: Consideration of Reformation of the Assessment District for First Court between Broadway and Colorado Avenue. The City Manager presented the staff report recommending that the district be formed to assess 100% of the cost of alley reconstruction to the property owners rather than 50% due to financial constraints. Lengthy discussion ensued concerning the change from the earlier Council decision of September 22, 1981 forming the assessment district charging 50% of the cost to property owners and 50% to the City. Half of the costs were to have been derived from the Broadway relief sewer although the City has historically assessed 100% of the cost of alley reconstruction. Councilmember Press objected stating an earlier agreement had been made with the property owners and further after the alley was broken up by the sewer improvement they were not in position to bargain. Mayor Yannatta Goldway felt that everyone was anxious to have the sewer repaired which caused the damage, and Councilmember Zane added that none of the property owners have raised an objection. Councilmember Reed also opposed the City change of policy in this case when there was no change in contingencies. Mayor Yannatta Goldway moved and Councilmernber Conn seconded to adopt Resolution No. 6586(CCS) entitled: MA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE RECONSTRUCTION OF FIRST COURT BETWEEN BROADWAY AND COLORADO AVENUE, ALL WITHIN THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Zane and Mayor Yannatta Goldway Negative: Councilmembers: Press and Reed Absent: Councilmembers: Jennings 7-C: Public hearing regarding tree vlanting project on Broadway between Twentieth Street and Twenty-sixth Street. The City Manager presented the staff report. Discussion centered on the City's tree plan, enhancement of the District, and effect on those property owners with fixed incomes. 5 November 9, 1982 32 The public hearing was opened but no one expressed a desire to address Council. Councilmember Reed movedl Councilmember Zane seconded and motion carried unanimously to close the public hearing. Councilmember Reed moved and Mayor Pro Tempore Edwards seconded to approve the tree planting assessment district, adopting Resolution No. 6587(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE PLANTING OF TREES ALONG 20TH STREET AND 26TH STREET ALL WITHIN THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof and requesting that staff include, in the notice of assessment language advising that the Community Block Grant Funds are available for low and moderate income persons. The motion was approved by the following vote: Affirmative: Councilmembers: Conn, Edwards, Press, Reed, Zane and Mayor Yannatta GoIdway Negative: Councilmembers: None Absent: Councilmembers: Jennings 7-D: Confirmation of Assessment of Costs to re~air dama~ed sidewalks, driveways and curbs (SR-82-36)~at various ~ocations within the City:. The City Manager presented the staff report. Mayor Yannatta Goldway opened the public hearing, but no one expressed a desire to address Council on this item. Councilmember Zane moved, Mayor Yannatta Goldway seconded and motion carried unanimously to close the public hearing. Councilmember Zane initiated discussion noting a letter of protest from Lucille and Orlando Tafoya. Councilmember Reed moved and Councilrnember Zane seconded to adopt Resolution No. 6588(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-82-36)", reading by title only and waiving further reading thereof, acknowledging the protests and directing staff to contact the Tafoyas to determine the eligibility and assistance needed. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Jennings 7-A: See page 4. 6 November 9, 1982 33 IS. ORDINANCES: 'S-A: Ordinance for introduction establishins the Santa ,Monica Municipal Solar Utility. IThe City Attorney presented the staff report. The proposed ordinance would enable Council to create a Municipal Solar Utility at a later date should it choose to do so. James Baker, 1143 Sixth Streetl spoke in favor of the agenda item, ,describing the systems he had enacted at his properties. I Council deliberations evolved concern to ensure that the ,program could be expanded at a later date from that proposed by the enabling ordinance. There being no other members of Ithe public wishing to speak, Mayor Pro Tempore Edwards moved ,and Councilmember Zane seconded to close the public hearing at S:55 P.M. The motion was approved by unanimous vote. Councilmember Zane moved and Councilmember Conn seconded to introduce the ordinance 'for first reading entitled: "AN jORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 'ADDING SECTION 2203 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A MUNICIPAL SOLAR UTILITY," reading by title only and waiving further reading thereof with the following j'arnendment on page 2, Section 1.: insert in the second sentence of Section 22031 after the words "implement a solar leasing program" add "and other programs." The motion was 'approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None I I 11. Absent: Councilmembers: Jennings ADMINISTRATIVE ITEMS: II-A: Recommendation to direct City Attorney to prepare "amendment of news rack ordinance to enlarge Zone A to include pico Boulevard between Main Street and easterly City limits. The City Attorney reported that an increase in concentration of newsracks along Pico Boulevard. Mayor Yannatta Goldway ,moved and Councilmember Zane seconded to approve the staff ,recommendation, requesting the City Attorney to prepare an ordinance amending Section 6252(b) of Chapter 2A of Article VI of the Municipal Code enlarging Zone A to include pico Boulevard between Main Street and the Easterly City Limits. IThe motion was approved by the following roll call vote: 7 November 9, 19S2 34 Affirmative: Councilmembers: Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Jennings ll-~: Request for change in format resardin~ Council meetin9s: The City Manager presented the staff report explaining that the study of complex issues which need to be presented to Council would be facilitated by a study session format. Council concensus evolved that the study sessions would be held prior to the first regular meeting of each month at 6:00 P.M., with the first to begin at 6:00 P.M. on December 14, 1982. ll-C: Request for Closed Session regarding pending litigation and Personnel matters. Held later in the meeting. See Page 9. 11-0: Resolution for reappropriation of funds approved in F~scal Year 1981-82 for Capital Im~rovements Projects. The City Manager presented the staff report requesting approval of a resolution for reappropriation of funds approved in Fiscal Year 1981-82 for Capital Improvement Projects. Councilmember Zane moved, Councilmember Conn seconded to adopt Resolution No. 6589(CS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REAPPROPRIATING FUNDS FOR CAPITAL IMPROVEMENTS PROJECTS," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Jennings 13. WRITTEN COMMUNICATIONS; 13-A; Request of Alvin Knowles, Member of Seventeenth Ei~hteenth Nineteenth Streets (South) Block CluD, to address Council re9ardin9 assessments for repairs to sidewalks damaged by City-planted trees. Mr. Knowles described the problems of tree roots causing broken sidewalks to frontage area as well as private sidewalks and sewers and reported the people in his area are unable to pay the assessment in most cases. Mayor Yannatta 8 November 9, 1982 35 Goldway mentioned that Community Development Block Grant funds were available to qualified people. The City I; Attorney, Bob Myers, stated that an individual could put in a claim for damage, and the City would pay if liable. Mayor , Yannatta Goldway asked staff to make sure that the people in the Pico Neighborhood are notified regarding the availability of the Community Development Block Grant funds, how to apply for them, check on the appropriate notices that I' went out to the neighborhood and report back to Council prior to final action. l4-A: COUNCILMEMBER ITEMS: l4-A: Re~uest of Councilmember Jennin9s to discuss measures I' to prevent public display of racial, ethnic or reli9ious bigotry. Councilmember Conn moved, Councilmember Press seconded and , motion carried unanimOUSly to continue the item to the next regular meeting, November 23, 1982, at request of Councilmember Jennings, absent from this meeting. ll-C: CLOSED SESSION: At 9:30 P.M., Councilmember Conn moved, Mayor Yannatta . Goldway seconded and motion carried unanimously to adJourn to Closed Session for the purpose of considering pending I litigation and personnel matters. I At 11:20 P.M., Council reconvened with the following members present: Councilmembers Conn, Edwards I Press, Reed, Zane : and Mayor Yannatta Goldway. Mayor Yannatta Goldway announced that one action was approved: Councilmember Conn ,moved and Councilmember Press seconded to Adopt Resolution I No. 6590(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL ; OF THE CITY OF SANTA MONICA EXTENDING THE PROVISION OF THE , MERIT PAY PLAN FOR DEPARTMENT HEAD LEVEL STAFF APPOINTED BY THE CITY MANAGER TO THOSE NON-SIGNATORY TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND INDIVIDUAL MANAGEMENT . EMPLOYEES AND TO OTHER STAFF MEMBERS WHO REPORT DIRECTLY TO I THE CITY MANAGER," reading by title only and waiving further I reading thereof. The motion was approved by the following I roll call vote: Affirmative: Councilmembers: Conn, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Abstain: Councilmembers: Edwards Absent: Councilmembers: Jennings 19 November 9, 1982 6 ADJOURNMENT. At 11:22 P.M., Councilmember Conn moved and Mayor Yannatta Goldway seconded to adjourn the meeting in memory of Pioquinto Hernandez and John Carnes. The motion was approved by the following roll call vote: Affirmative: Councilmemberss: Conn, Edwards, Press, Reed, Zane and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Jennings ATTEST: // ~~, ," [0-JL/1"1 i) Zki--lUL'--~ Joann Jelly City Clerk. /~D: ,;/ /l//: Uc 7t:J'.' uUl~'~/04 Ruth Yanr{t a Go1dway . 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