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M-12/21/1982 . . . . 79 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 21, 1982 A meeting of the Santa Monica City Council was held on Tuesday, December 21, 1982, continued from December 14, 1982 to consider items remaining from the agenda of December 14, 1982. At 7:35 P.M., Mayor Yannatta Goldway called the meeting to order and led the assemblage in the pledge of allegiance to the United States of America. 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 City Manager John Alschuler, Jr. City Attorney Robert M. Myers City Clerk Joann Jelly Absent: Councilmember Dennis Zane It was moved by Mayor Yannatta Goldway and seconded by Mayor Pro Tempore Edwards to add Items 4-D, 6-A, 6-BB, 6-CC, and Il-J to the agenda and to include a request of Councilmember Press to move Item 14-E to be heard after the Consent Calendar. The motion was approved by unanimous vote. SPECIAL AGENDA ITEMS: 4-B: Announcement of upcoming appointments to the System ~dvisorl Board of the Metropolitan Cooperative Library Syst~. Mayor Yannatta Goldway announced that since the meeting scheduled for December 28, 1982 has been cancelled, the appointment to the Systems Advisory Board of the Metropolitan Cooperative Library System will therefore be made at the following regular Council meeting, January 11, 1983. The new deadline for accepting applications has been extended to December 29, 1982 at 5:00 P.M., and the last day for Council nominations is January 5, 1983. 4-D: Announcement of upcoming appointment to Pier Task Force. Mayor Yannatta Goldway announced the upcoming appointment to the Pier Task Force on January 25, 1983. The City Council acknowledged the written resignation of Colleen Creedon from 1 December 21, 1982 80 . the Pier Task Force. Councilmember Reed moved and Mayor Yannatta Goldway seconded to instruct the City Clerk to include in the advertisement already drafted, the vacancy created by the resignation of Colleen Creedon. The motion was approved by the following voice vote: Affirmative, Councilmembers, Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers, None Absent, Councilmembers, Zane 6. CONSENT CALENDAR, Mayor Yannatta Goldway removed Item 6-A. Councilmember Press removed Items 6-AA and 6-DD. Councilmember Conn moved and Councilmember Reed seconded to approve the Consent Calendar Items 6-D, 6-Z, 6-BB and 6-CC, with the exception of Items 6-A, 6-AA and 6-DD, reading ordinances and resolutions by title only and waiving further reading thereof as follows: . 6-D, Adoption of Resolution setting a public hearin9 for January II, 1983 to receive protests or objections to the report of the Superintendent of Streets re9ardin9 assessment of cost~_~o remove and repai~ abandoned driveways. Resolution No. 6602(CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REMOVAL OF ABANDONED DRIVEWAYS," was adopted setting a public hearing for January 11, 1983. 6-Z, Bid No. 1813 was awarded to Consolidated Fabricators in the total amount of $89,907.00 including tax. 6-BB, Ordinance No. 1264(CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE 1979 NEWS RACK ORDINANCE TO ENLARGE THE AREA OF ZONE A," was adopted. . 6-CC: Ordinance No. 1265(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE, RELATING TO IMPLEMENTATION OF THE RENT CONTROL LAW," was adopted. The motion was approved by the following roll call vote: Affirmative: Councilmembers, Conn, Edwards, Jennings, Press, Reed, and Mayor Yannatta Goldway 2 December 21, 1982 . . . . . 81 Negative: Counci~members: None Absent: Counci~members: Zane 6-A: Ap~roval of minutes of meetins held November 23, 1982. At the request of Mayor Yannatta Goldway the minutes of the meeting of November 23, 1982 were held over for the January II, 1983 meeting. Councilmember Press requested that the record reflect that on page 10, Item l4-F, discussion of construction work on Wi~shire Boulevard, Council concern included loss of sa~ary time during Christmas Holidays for street workers. 6-AA: Recommendation to award Bid No. 1800 for out-of-state parkins citation processins. Councilmember Press indicated that she had pulled this item because it is something new, and asked that Council be provided with a report as to its success. The City Manager agreed to have whatever information is available at the time of budget review in June as part of budget documentation. In response to Counci~ concerns, the City Manager assured that staff will review material to insure that it is in compliance with State standards regarding attachments and notifications. Councilmember Press moved and Mayor Yannatta Go1dway seconded to award Bid No. 1800 to Data Com Systems, Corporation at the unit prices quoted for the period January 1, 1983 through December 31, 1984 and appropriation of $30,000 be made to cover the costs of this service for the remainder of the 1982-83 Fiscal Year. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Zane 6-DD: Recommendation to 1) order an election for April 12, 1983, at which the proposed Charter Amendment shall be submitted without alteration to a vote of the voters of the ~itY1 2) direct the Cit~ Clerk to-publish the proposed Charter Amendment in the official newspaper within 15 days. Councilmember Press requested clarification on deadlines regarding Charter Amendments that Council might want to place on the ballot. The City Attorney advised that an item could be placed on the ballot at a later date. Councilmember Press moved that City Counci~ order an election for April 12, 1983, at which the proposed Charter Amendment shall be submitted without alteration to a vote of 3 December 21, 1982 82 . the voters of the City, and that City Council direct the City Clerk to publish the proposed Charter Amendment in the official newspaper within 15 days. The motion was seconded by Councilmember Conn and was approved unanimously by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Zane 8. ORDINANCES: 8-C: Introduction and adoption of urgency ordinance amending campaign contribution limitation law. (Continued from December 14, 1982). . The City Attorney presented the staff report and described the proposed ordinance which amends Municipal Code Section 11209 and eliminates a provision of the code which is currently permanently enjoined pursuant to a case that was entered and decided in 1979. There being no one to address Council, Mayor Pro Tempore Edwards moved and Councilmember Conn seconded, the motion carried unanimously to close the public hearing at 8:07 P.M. Councilmember Conn moved and Mayor Pro Tempore Edwards seconded to adopt Ordinance No. 1266(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 11209 OF THE SANTA MONICA MUNICIPAL CODE, RELATING TO LIMITATIONS ON CAMPAIGN CONTRIBUTIONS," 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 and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Zane . 8-D: Introduction of ordinance reinstituting 100 decibels limitation. The City Attorney presented the staff report and described the proposed ordinance which provided a vehicle by which the City council can reinstitute the 100 decibel limit and is identical to the ordinance adopted by City Council January, 1981, which expired. Discussion was held. There being no one to address the Council, Councilmember Conn moved and Mayor Yannatta Goldway seconded to close the public hearing at 8:10 P.M. The motion carried by unanimous vote. 4 December 21, 1982 . . . . . 83 Councilmember Reed moved and Councilmember Conn seconded to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ESTABLISH AN AIRPORT NOISE LIMIT OF 100 SENEL," 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 and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmernbers: Zane 10. REPORTS OF COMMISSIONS. 10-A: Request of Councilmember Jennin9s to review communication from the Commission on the Status of Women requestin9 that Council 90 on record protestin9 the 9ame, "Custer's Last Stand," and askin9 the manufacturer to withdraw the product from the market. (Item 14-0 on December 14, 1982). ~?~ncilmember Jennin9s moved and seconded by Mayor Pro Tempore Edwards, to approve the recommendation made by the Commission on the status of women, and draft a letter of concern to the manufacturer of the video game, "Custer's Last Stand," to Los Angeles County and companies in the community that might be carrying the product. Discussion followed. The motion was approved by the following voice vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Zane 11. ADMINISTRITIVE ITEMS. Il-B: Recommendation that the City Council approve a plan !? miti9ate the effect of ~arkin9 meters on residents and employees in the area bounded by Broadway, Colorado Avenue, Olympic Boulevard, Lin~oln Boulevard and east City limits, instruct the City Attorney to prepare appropriate ordinances and staff to ~ive recommendations for implementation of on ~~d off street parkin9' Continued to January II, 1982. 11-0: Recommendation for proposed stri~in9 changes to Eleventh and Fourteenth Streets between Wilshire Boulevard and Pica-Boulevard. 5 December 21, 1982 84 . The City Manager presented a staff report with a recommendation for proposed striping changes at Eleventh and Fourteenth Streets between wilshire Boulevard and pico Boulevard. Discussion followed. Al Coker. a member of the public. spoke in support of restriping, and expressed concern at delay of implementation. John Jurenka spoke against the project. Councilmember Conn moved and Councilmember Press seconded to approve the staff recommendation. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn. Edwards. Press. Reed and Mayor Yannatta Goldway Negative: Councilmembers: Jennings Absent: Councilmembers: Zane Councilmember Jennings requested the record reflect that his "no. vote was because he does not support the proposed striping changes in respect to Fourteenth Street. although he does support striping changes on Eleventh Street. . Il-E: Recommendation to approve revised Travel Policy Administrative Instructions as ap~licable to City Council. Board and Commission members. The City Manager presented the staff report. Discussion followed. Councilmember Reed moved and Mayor Pro Tempore Edwards seconded for approval of staff recommendation with amendment to delete the language in the last sentence on page 2 of Travel policies: "respective advisory or elected body. and insert .City Council." Discussion followed. Mayor ,Yannatta Goldway moved to amend the motion made by Councilmember Reed. to separate Child Care. that no more than $20 per day be allocated. and creating a separate section. Allowance for Extraordinary Expenses. due to disability or other unforseen occurrences. to be approved by City Council in advance. The motion was seconded by Councilmember Press. Discussion followed. The motion on the amendment was approved by the fOllowing roll call vote: Affirmative: Councilmembers: Conn. Edwards. Jennings. Press and Mayor Yannatta Goldlway . Negative: Councilmembers: Reed Absent: Councilmember Zane Discussion followed. Councilmember Press moved to amend II-B Lodging in that double occupancy should be encouraged where possible. Councilmember Reed accepted Councilmembers Press' motion as part of her original motion. Discussion was held concerning the language on bottom of page 5 6 December 21. 1982 . . . . . 85 regarding review and approval by City Manager of travel advance request by department heads and appointed and elected officials. Mayor Yannatta Goldway asked to amend the language "and elected officials" deleting it from paragraph 6 and add "the City Manager directed to sign the appropriate documents to release travel advances for elected officials." Councilmember Reed agreed to incorporate this into the original motion. Councilmember Jennings queried if the travel policy resolution adopted by City Council would be incorporated with the travel policy under discussion. City Manager replied that the City Council could approve this action. This will be given to each newly elected member of the Council. Mayor Yannatta Goldway directed staff to incorporate this language into one document. The main motion was called for a vote, including the following amendments: delete language "respective advisory body" from last sentence page 2 and leave "if approved in advance by the City Council~" same paragraph, amend Allowance to provide no more than $20 per day for child care, and separate section be allowed for extraordinary expenses to be approved by City Council~ expand section regarding ground transportation page 1, to include necessary transportation between business appointments~ amend Lodging, page 2, in that double occupancy should be encouraged, where possible: amend Procedures page 5, by deleting "and elected officials" and adding "The City Manager is directed to sign appropriate documents to release travel advances for elected officials," and to incorporate language from Council and resolution on travel policy into one document. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Go1dway Negative: councilmembers: None Absent: Councilmembers: Zane Il-F: Recommendation to select the C.E.I.C. solar proposal as' the superior overall project, transfer of $2,500 for separate purchase of a diving pool cover and authorization for the City Mana~er to ne~ot~~~e a contract with California Ener9Y Investment Corpora~ion. The City Manager presented the staff report. Mayor Yannatta Goldway queried as to the change in recommendation from Item Il-F of December 14, 1982 meeting. Staff replied that modifications were requested from each of two bidders and information on responses was not available at the December 14, 1982 meeting. Mayor Yannatta Go1dway instructed the City Manager to indicate in the staff report on any items when no final decision has been made. Stephen Day, President of Reed's Solar Day, was present to address 7 December 21, 1982 86 . Council and to answer questions Council might have on Requests for Proposal and stated that written guidelines as to City requirements would have proved helpful instead of oral changes made to the Request for Proposal. Councilmember Reed indicated that other complaints have been received generating from dissatisfaction with verbal additions or amendments to Request for Proposal process and asked if staff could take steps to change the follow-up process from verbal to written. In response to Council concerns suggesting a delay of decision, the City Manager urged approval of the recommendation because of the high professional standards of the C.E.I.C. and his understanding that there may be tax consequences in failure to adopt this contract prior to the first of January. After a lengthy discussion Mayor Pro Tempore Edwards moved and seconded by Councilmember Press to award Contract No. 3862(CCS) to California Energy Investment Corporation. The motion was approved by the fOllowing roll call vote. . Affirmative: Councilmembers: Conn, Edwards, Jennings, Press and Reed Negative: Councilmembers: None Abstain: Mayor Yannatta Goldway Absent: Councilmembers: Zane Il-G: Recomme~~ation concernin9 ado~tion with local revision of 1982 Uniform Buildin9 Codes includin9 fire safety provisions. The City Manager presented the staff report. Council extensively deliberated the matter. John Jurenka addressed the Council expressing concern of costs regarding inspection. Ken White, a member of the Santa Monica Fire Department, also addressed the Council to voice his concern over the proposed one year abeyance of supplemental fire safety requirements. Discussion followed. At 10:55 P.M. Councilmember Conn moved and seconded by Mayor Yannatta Goldway to extend the meeting past 11:00 P.M. The motion was approved by unanimous vote. . M~yOr Yannatta Goldway moved and Councilmember Reed seconded to instruct the City Attorney to draft an appropriate ordinance regarding adoption of 1982 Fire and Construction Codes, with local revisions including energy conservation measures, if appropriate, and schedule a public hearing on the earliest convenient agenda; ordinance to include: 1) adoption of the Uniform Fire Construction Codes as presented. 2) adoption of local provisions relating to Handicapped Appeals Board, updated fee schedule, prohibition 8 December 21, 1982 . 87 . of untreated wood shingles: and 3) staff recommendation on ways in which to either delay implementation of sprinkler system and any requirement that is significantly cost impacted for a period of time or a procedure for individual exemptions and a definite work schedule as to when questions about possible financing for such delayed systems could be implemented. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers: none Absent: Councilmembers: Zane . Councilmember Reed indicated her reason for voting yes is that Ordinance 1217(CCS) will be brought back intact, for the hearing and advised council and Staff she is opposed to any major deletions from the Fire Code. 11-1: Recommendation to approve classification specification for Manasement Information Systems Administrator, adopt salary resolution and authorize new position. The City Manager presented the staff report. Mayor Yannatta Goldway moved and Councilmember Conn seconded to approve the staff recommendation and adopt Resolution No. 6604(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY FOR THE POSITION OF MANAGEMENT INFORMATION SYSTEMS ADMINISTRATOR," reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers Zane and Edwards ... ll-J: Adoption of resolution approvins contract with Coastal Conservancy in the amount of $500,000 for restoration of the Pier. The City Manager presented the staff report recommending adoption of resolution reaffirming the City's desire to contract with the Coastal Conservancy. Discussion followed. pier Task Force members Paul Silvern and Ruth Galanti spoke in favor of approving the contract. Councilmember Conn moved and Mayor Pro Tempore Edwards seconded to adopt the Resolution No. 6603(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE 19 December 21, 1982 . 88 . CITY MANAGER TO ENTER INTO A CONTRACT WITH THE STATE COASTAL CONSERVANCY," reading by title only and waiving further reading thereof, awarding Contract No. 3863(CCS}. The motion was approved by the following roll call vote: Affirmative: Councilmembers Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Zane 12. ADMINISTRATIVE PROCEEDINGS. l2-B:: Appeal of Kwan9 Stamat from decision of Hearin9 Examiner, Case HE 012 to renew police permit (Item l2-A, November 23, 1982). COntinued to January 11, 1982. . 14. COUNCILMEMBER ITEMS. l4-B: Re~uest ,~f Councilmember Reed,to discuss Toxic Chemical Disclosure Act. Councilmember Reed referred to a letter from a citizen who asserts he lives in the geographical area of the City which is designated for the jurisdiction of the Toxic Chemical Disclosure Law and objects to a five dollar filing fee on basis he has nothing to report. Discussion followed. Mayor Yannatta Goldwa~ moved and seconded by Councilmember Jennings to direct the City Manager to review such fees to determine whether an adjustment is necessary in order to ensure adequate enforcement of the Toxic Chemical Disclosure Law in time for budget session. The motion was approved by the following voice vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Zane . l4-E: Request of Councilmember Press to read the letter publicl~ from Dorot~~ ~erken and discuss takin9 a position on the use and management of Social Security Funds. At the request of COuncilmember Press, Dorothy Merken addressed the Council in which she expressed her concern about the deficit in Social Security funds. Mrs. Merken requested that COuncil write a letter to the Social Security representative, Claude Pepper, expressing these concerns. Councilmember Press read contents of letter from Dorothy 10 December 21, 1982 . . 89 Merken. Councilmember Press moved and seconded by Councilmember Reed, that Council draft a letter to Representative Claude Pepper requesting that before final decision is made regarding the future of the Social Security System, an audit of the funds be held and an explanation be forwarded to the people. The motion was approved by the following voice vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Councilmembers: None Absent: Councilmembers: Zane l4-F: Request of Councilmember Press to discuss anti-union practices by university of California Regents. 4It Councilmember Press referred to an article by Harry Bernstein regarding use of Federal funds by the University of California against unionization of 16,000 non-academic employees of the University of California system. Councilmember Press read notes left by Herman Rosenstein expressing his concerns regarding a decision made by the Regents of the University of California. Councilmember Press moved that Council take a position on the misuse of Federal funds. The motion was seconded by Councilmember Conn. Discussion followed. The motion was approved by the following voice vote: . . Affirmative: Councilmembers: Conn, Jennings, Press and Mayor Yannatta Goldway Negative: Councilmembers: Reed Abstain: Councilmembers: Edwards Absent: Councilmembers: Zane Councilmember Reed indicated that her reason for voting no is that she would like to hear the other side of the question. l4-G: Request of Councilmember Press to discuss the M-X Missile. Discussion was held. No action was taken as a result of this discussion. CLOSED SESSION. lI-H: Request for Closed Session regardin9 pending litigation and Personnel Matters. 11 December 21, 1982 90 . At 12:05 A.M., Councilmember Conn moved and Mayor Yannatta Goldway seconded and the motion-was carried unanimously to adjourn to Closed Session for the purpose of considering pending litigation and personnel matters. At 2:00 A.M., Council reconvened with the following members present: Councilmembers Conn, Edwards, Jennings, Press, Mayor Yannata Goldway and Councilmember Reed entered at 2:02 A.M. Mayor Yannatta Goldway moved and Councilmember Conn seconded to authorize payment of arbitration in case of Sharon Layne versus City of Santa Monica, Case WEC 51993 in the amount of $125,000. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press and Mayor Yannatta Goldway . Negative: Councilmembers: None Absent: Councilmembers: Zane and Reed Councilmember Conn_mo~ed and Mayor Yannatta Goldway seconded to authorize payment of arbitration in case of Burchill versus City of Santa Monica Case C44687 in the amount of $3,500. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta goldway Negative: Councilmembers: None Absent: Councilmembers: Zane Councilmember Conn moved and Mayor Yannatta Goldway seconded to authorize-payment-of arbitration in case of Georgina Goldson versus City of Santa Monica Case C57074 in amount of $6,500. The motion was approved by the following roll call vote: Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway . Negative: Councilmembers: None Absent: Councilmembers: Zane ADJOURNMENT: At 2:04 A.M., Maro~ Yannatta Goldway moved and Councilmember Conn seconded to adjourn the meeting in memory of Martha Spade, Mary Smith and Dwight McDonald. The motion was approved by the following voice vote: 12 December 21, 1982 . . . . . 91 Affirmative: Councilmembers: Conn, Edwards, Jennings, Press, Reed and Mayor Yannatta Goldway Negative: Absent: ATTEST: '--";\ ..! ir/l~/{~,'i u/,'; L (,:j:.....--/ L o/"-....r-' -----;;'-0.. Joann Jelly City Clerk 13 Counci1members: Counci1members: 'Le None Zane ftPPRED'f:." , ~ ' , r _ , < j', '1 (. SIt U<4<4~. :<.(-L~"U: , Ruth Ya6 tta GOldway' U Mayor December 21, 1982 . . . .