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M-5/8/1984 19~ CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 8, 1984 A meeting of the Santa Monica City Cou~cil was called to order by Mayor Pro Tempore Press at 7:34 P.M. o~ Tuesday, May 8, 1984, i~ the Councll Chambers. Councilmember Reed led the assemblage in the pledge of allegla~ce to the U~ited States of America. Reverend David McAllister of the Westslde Ecumenical Conference offered the invocation. Roll Call: Present: Mayor Pro Tempore Dolores M. Press Councilmember James P. Co~n Councilmember David G. Epstein Councilmember Wllllam H. Je~nings Councilmember Christine E. Reed Councilmember Dennis Zane City Ma~ager Joh~ H. AIschuler, Jr. Clty Attorney Robert M. Myers Clty Clerk A~n M. Shore Absent: Mayor Ke~ Edwards 14-C: Continued Age~da Items: conslder at thlS tlme Mayor discussion of certain items untll co~t lnue Items ll-A ar>d 14-A to Second by Councllmember Conr. ur>animous vote. Councilmember Epstein moved to Edwards' request to postpone he could be present; further to the meetlng of May 22, 1984. The motio~ was approved by 11-A: COMMUNITY SERVICE CENTER PROPERTY/922 BROADWAY AND 1501 - 9TH STREET: ContlnuedUto May 22, 1984. 14-A: 1983-84 BUDGET ADJUSTMENTS: Conti~ued to May 22, 1984. CITY COUNCIL/REDEVELOPMENT AGENCY/PARKING AUTHORITY SPECIAL JOINT MEETING: A speclal JOlnt meeti!"'g of the City Councll, Redevelopment Agency a~d Parklng Authority was called to order at 7:39 P.M. by Mayor Pro Tempore/Chairperson Pro Tempore Press. Roll Call: Present: Chairperson Pro Tempore Dolores M. Press Member James P. Conr Member David G. Epstein Member Wllliam H. Jernirgs Member Chrlstire E. Reed Member De~nis Zane May 8, 1984 Clty Manager John H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Ann M. Shore Absent: Chairperson Ken Edwards A~e"lcy Member Epstei!" moved to Second by Councllmember ConI". unanimous vote. add Item RA-3 to The motlon was the Age!"da. approved by RA-1: APPROVAL OF MINUTES: Member Reed moved to approve the Redevelopment Agency minutes of January 10, 1984, and January 24, 1984, as wrltten. Second by Member Epstein. The motion was approved by the followlng vote: Agency Vote: Uranlmously approved 6-0 Absent: Chalrperson Edwards CC/RA/PA-2: 175 OCEAN PARK BOULEVARD/HOUSING RENOVATION: Preserted was a staff report recommerding holdi~g a publlC heari!"g; approval of resolution, lease and payment agreements; apropriation of transfer authorities; and legal actions as necessary to effectuate the renovatlon of housing at 175 Ocean Park Boulevard, property owned by the Parking Authority. Discussio!" was held. The public hearing was declared ope!" at 8:07 P.M. There being no one wishing to speak to the matter, CounCllmember Epstein moved to close the public hearing at 8:07 P.M. Second by Councilmember Conn. The motion was approved by uranimous vote. Discussion was held. On behalf of the Redevelopment Agency, Member Conn moved to adopt Resolutiol"' No. 380(RAS) ard 381 (RAS) both entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA INVOKING THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION SECTION 33334.2 AND FINDING THAT THE PROVISION OF LOW AND MODERATE INCOME REPLACEMENT HOUSING WILL BE OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT," readlng by titles only and walving further readlng thereof, regarding ProJects 1(a) and 1(b). Seco!"d by Agency Member Epsteln. The motlon was approved by the following vote: Agency Vote: Unanimously approved 6-0 Absent: Chairperson Edwards Agency Member Conn moved to adopt Resoluton No. 382(RAS) entitled: "A RESOLUTION of THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA APROVING A PAYMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AND THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA," readlng by title only and waivlrg further readlng thereof, related to transfer of property at 175 Ocean Park Boulevard. Second by Agency Member Epsteln. The motion was approved by the followlng vote: 2 May 8, 1984 20 Agency Vote: Unanimously approved 6-0 Abse~t: Chairperson Edwards A~ency Member Conn moved to approve an increased appropriation authon tyin hne Item 18-200-263-128/9607 by $6,000 and decreased approprIation authorIty in line item 18-200-263-128/9-774 by a"l equivalent amount in accordance with the staff recommendation. Second by Agency Member Epstein. The motion was approved by the folloWIng vote: Agency Vote: Unanimously approved 6-0 Absent: ChaIrperson Edwards On behalf of the City Couf'cil, Councllmember. Epstein movd to adopt Resolution Nos. 6855(CCS) and 6856(CCS), brith entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE PROVISION OF LOW AND MODERATE INCOME REPLACEMENT HOUSING AND FINDING THAT SUCH EXPENDITURE WILL BE OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT 1(a)" and "1(b)," reading by title only and waivI~g further reading thereof. Second by Mayor Pro Tempore Press. The motion was approved by the followi"lg vote. Council Vote: UnanImously approved 6-0 Absent: Mayor Edwards On behalf of the ParkIng Authority, Member JennIngs moved to adopt Resolution No. 176(PAS) entItled:.. i'A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING A LEASE AGREEMENT BY AND BETWEEN THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AND THE HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE DOCUMENT," readIng by title o1"ly and waivlr..g further reading thereof, related to the housi~g project at 175 Ocean Park Boulevard, amended In Paragraph 41 of the lease to specify the same mIX of tenants as is specified i"l the staff report. Second by Member EpsteIn. The motIon was approved by the followi~g vote: Authority Vote: UnanImously approved 6-0 Absent: Chairperson Edwards AuthorIty Member Jennlf'gs moved to adopt Resolution No. 177(PAS) entitled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING A PAYMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AND THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE DOCUMENT," reading by title only and waIVIng further readIng thereof, related to the project 3 May 8, 1984 at 175 Ocea~ Park Boulevard. Second by Member Corn. The motion was approved by the following vote: Authority Vote: UnanImously approved 6-0 Absent: Chairperson Edwards Au~ho~it1_ Me~be~Conn_ moye~ to authorize Agency Counsel/City Attorney to file lawsuIts as necessary to recover possession of 175 Ocean Park Boulevard, Apartmert No.7, and to dIrect staff to implement the relocatIon plan descrIbed in the staff report. Second by Member Epsteir. DIScussion was held. The motion was approved by the followIng vote: AuthorIty Vote: Unarimously approved 6-0 Absent: Chairperson Edwards On behalf of the Redevelopment Agency, Member Conn moved to authorize Agency Counsel/CIty Attorney to fIle lawsuits as necessary to recover possession of 175 Dc ear Park Boulevard, Apartment No.7, and direct staff to implement the relocatior. plan described in the staff report. Second by Member Epstein. The motion was approved by the following vote: Agency Vote: Uranlmously approved 6-0 Absent: Chairperson Edwards At 8:37 P.M., Agency_M~mber R.~,ed moved to adjourn the Parkirg Authori ty meeting. Secord by Member Epstein. The motlOr. was approved by unanimous vote. RA-3: OCEAN PARK REDEVELOPMENT PROJECT FINANCING: Presented was a staff report recommerdi~g that the Executive Director be authorized to negotiate and execute contracts with Blythe, Eastman, Paine, Webber, financial corsul tants, al"'d Morrison and Foerster, bond counsel, for desigl"'ing and issuing a tax allocation bond to finance completion of improvemerts to the Ocean Park Redevelopment Project. Discusslor was held. Agency Member Epstell" moved to approve a contract with Morr ison"and Foerster, bond counsel, for a fee r.ot to exceed $30,000 for the legal serVices related to the desigr and issuance of a tax allocation bond to finance completion of improvements to the Ocean Park Redevelopment Project. Second by Member Zane. The mot lor was approved by the followi~g vote: Agency Vote: Unanimously approved 6-0 Absent: ChaIrperson Edwards ~ember Corn moved to contract with Blythe, Eastman, Paine, ~ebber, finarclal consultants, for a fee not to exceed $27,500 to 11 May 8, 1984 20 design and issue the bond offering. Second by Member lane. The motior was approved by the folloWl~g vote: Agercy Vote: Afflrmative: Members Conn, Jennings, Press, Reed amd Zane Negative: Member Epstein Absent: Chalrperson Edwards At 8:45 P.M., Member Conn Agency meeti~g. Second by approved by uranimous vote. moved to Member adjourn Epstei'"1. the Redevelopment The motlon was CITY COUNCIL REGULAR MEETING: A regular meeting of the City Council was called to order at 8:35 P.M. by Mayor Pro Tempore Press. 5-A: CHILD ABUSE: Presel"ted was the request of CouJ'1cilmember Zare to dlSCUSS Assembly Member MaXll"e Water's Child Abuse Prevention Act, Assembly Bill 2443. Councilmember lare il"troduced discuSSlon. Councllmember Epstein moved to suspend the regulatlons a"ld permlt a member of the public to speak for five mlnutes. Secord by Councilmember lane. The motlor was approved by unanimous vote. Sandy Sllversteln spoke ir support of A.B. 2443. Discussion was held. Councllmember Zane moved to endorse A.B. 2443 and authorlze the Mayor to communicate to approprlate legislative commlttees and other members of the leglslature our support contlngent upon concurrence by the Santa Monica School Board. Second by Councilmember Reed. After discussion, the motlon was approved by the followlng vote: Council Vote: Unanimously approved 6-0 Absent: Mayor Edwards Counc ilmember Conn moved to add I terns 6-J, 14-B, 14-C, 14-D and 14-E to the Agenda. Second by Coul"cilmember Epsteln. The motion was approved by unanimous vote. 6. CONSENT CALENDAR: The Consel"t Calel"dar was presented whereby all ltems are considered al"d approved ln one motior urless removed from the calendar for dlscussior.. Councllmember Conn moved to approve the Consent Calendar wlth the exceptlon of Items O::C-:-6-D, al"d 6-H, readu:g resolutions and ordinances by titles only and waivu:g further readir:g thereof. Second by Mayor Pro Tempore Press. The motlon was approved by the following vote: Gouncll Vote: Unanlmously approved 6-0 Absent: Mayor Edwards 5 May 8, 1984 6-A: APPROVAL OF MINUTES: The minutes of January 31, 1984, r~bruary 14, .t984, and February 21, 1984, were approved as written. 6-8: PROCLAMATIONS OF LOCAL EMERGENCY: Resolut~on No. 6857(CCS) ent~tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-E: SOFTBALL TOURNAMENTS CONTRACT: The City Marager was authorized to execute Contract No. 4119(CCS) w~th Starting L~ne of Marina Del Rey for co-sponsorship of two summer softball tournaments. 6-F: BASKETBALL LEAGU E CONTRACT: The C~ ty Manager was authorized to negotiate and execute Contract No. 4120(CCS) w~th Sport~ng Feet to co-sponsor a basketball league during the summer of 1984. 6-G: MODIFICATION CIVIC CENTER PARKING LOT: Recommendation to reject bld of Fecit Strata was approved and Contract No. 4121(CCS) awarded to Sully-Miller Contracting Company, the second lowest responslble bidder, ln the amount of $270,825 plus contlngences for modlflcat~on of the Clvic Center Parking Lot and the C~ty Eng~~eer authorlzed to issue necessary change orders. 6-1: TAPE RECORDER/POLICE DEPARTMENT: B~d No. 1944 was awarded to Dictaphone Corporation ln the amount of $17,596.32 for a 20 channel tape recorder for the Police Department. 6-J: MEMORANDUM OF UNDERSTANDING/POLICE OFFICERS ASSOCIATION: Resolutlon No. 6860(CCS) el'titled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA MONICA AND THE SANTA MONICA POLICE OFFICER'S ASSOCIATION," was adopted awarding Contract No. 4122(CCS) to Officer Patr~ck Brady regardlng mandatory ret~rement. END OF CONSENT CALENDAR 6-C: ELDERLY SERVICES: Presented was a staff report transmlttlng a resolution author~z~ng submittal of a proposal to the Los Angeles County Area Agency or Aglng for fundlng in the amount of $84,198 and author i zing the C~ ty Manager to sign a contract for providing serVlces to the elderly through the Sehior Nutrition and Recreation Program. Councilmember Reed i~troduced dlScussion. CounCllmember Reed moved to adopt Resolutlor No. 6858(CCS) entitied:"Au RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY PERSONS," read1"g by t~tle only and waiving further readlng thereof, thereby approvu:g Contract No. 4118(CCS) with the Los Angeles County Area Agency on Aging for fundHlg; further, to 6 May 8, 1984 20 di:-ect staff to il'vestlgate secu:-ing through use of PropositIon A Local Cour:cllmember Conn. The motion was vote: a new transportation van Returr Funds. Second by approved by the following Council Vote: Unanimously approved 6-0 Absert: Mayor Edwards 6-D: SANTA MONICA HARBOR: Presented was a staff report transmittll':g a resolution orderIng Healy TIbbetts ConstructIon Company and other Interested parties to remove a cral'e which fell into Santa Monica Harbor durirg collapse of a portiol' of the PIer as a result of a catastrophIc storm. CounCllmember Epstein moved to table the matter untIl after Closed SeSSIon to permit dIScussIon WIth the CIty Attorney In regard to litigation on the matter. Second by Councilmember Conn. The motion was approved by unanImous vote. The matter was conSIdered again after Agenda Item 11-D a~d precedIng adjournment. 6-H: TREE TRIMMING: Presented was a staff report recommer.ding award of Bid No. 1942 to Golden Bear Arborists, Inc., at urit prices for tree trlmmirg for the Recreation and Parks Departmert. Mayor Pro Tempore Press introduced dIScussion. Courcilmember Epsteir. moved to approve the staff recommendation thereby awardlrg Bid No. 1942 to Golden Bear Arborists. Second by Councllmember Reed. The motIon was approved by the following vote: CounCIl Vote: UnanImously approved 6-0 Absent: Mayor Edwards a-A: DEVELOPMENT AGREEMENT MONITORING FEE: Presented was a staff report transmitti~g an ordInance for introduction and fIrst reading establIShing a development agreement monitorIng fee. The publIC hearIng was declared open at 9:05 P.M. There being no one WIshIng to speak to the matter, CounCllmember ConI' moved to close the hearIng at 9:05 P.M. Secord by Councilmember Zane. The motion was approved by unanimous vote. Councilmembe:- Zane moved to irtroduce an ordi~ance entitled: "AN ORDINANCE OF THE: CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 9818 TO ESTABLISH A DEVELOPMENT AGREEMENT MONITORING FEE," reading by title only ard waiving further readirg thereof. Second by Councllmember Conn. DIScussion was held. The motion failed by the following vote: Cour:cil Vote Affumat i ve: Councilmembers Conn and P:-ess Negative: Councllmembers EpsteIn, Jer.nl~gs, Reed a~d Zane Absent: Mayor Edwa;-ds 7 May 8, 1984 11-A: Considered or page 1 and contlnued to May 22, 1984. 11-B: PRETRIAL RENT DEPOSIT PROCEDURES: Presented was a staff report recommending against further consideration of ar ordlnance regardlng pretrial rent deposlt procedures. D1Scussion was held. Courcilmember Epsteln moved to approve the staff recommendation thereby discontlnUll;g further pursult of an ordinance regardll';g pretrlal rent deposit procedures such as adopted by the Clty of Los Angeles Slnce such ordinance would be precluded by vlrtue of Cl ty Charter Section 1806. Secord by CounCllmember Reed. The motion was approved by the following vote: Council Vote: Afflrmatlve: Courcilmembers Conn, Jenrings, Press ard Reed Epstein, Negatl ve: Courcilmember Zane Absent: Mayor Edwards 11-C: THI RD STREET DEVELOPMENT CORPORATION: Presented was a staff report recommendlng approval of Artlcles of Ircorporation and Bylaws for the Thlrd Street Development Corporatlor. (TSDC) and authorization for the City Marager to negotiate and execute a Commurlty Development Block Grant contract with TSDC In an amou~t of $100,000 for implementatlon of revitalizatlor. activlties on the Third Street Mall. Member of the public Ernie Kaplan spoke in support of the recommendatior.. Cour.cilmember Reed moved to approve the staff recommendatior, thereby approving the Articles of Ircorporation and Bylaws of the Thlrd Street Developmert Corporatlon and authorlzing the C1ty Mar.ager to negotlate ar:d execute Contract No. 4123(CCS) wlth the Third Street Development Corporation in the amount of $100,000 of Commurn ty Developmert Block Grant funds for lmplementation of revitalizatior activities on the Thlrd Street Mall. Secord by Councilmember Epstein. Discusslon was held. There beHig no objectlon from the second, Coul"!cllmember Reed included in the motion the suggestions of Coul"!cilmember Zane that the Bylaws be amended on page 4 to indicated that the Courcll (rather than the Board) "may declare vacant the offlce of a director who has been declared of unsound mlnd...;" further, that notice of regular meetings shall be sent to the Ci ty Council in addl tion to those indicated. D1Scusslon was held. The motlor as amended was approved by the followlng vote: Courcl1 Vote: Unanimously approved 6-0 Absent: Mayor Edwards 11-D: CLOSED SESSION: Held at end of meeting. 14-A: 1983-84 BUDGET ADJUSTMENTS: contirued to May 22,1984. ConSidered on page and 8 May 8, 1984 14-8: USE OF COUNCIL CHAMBERS: Preserted was the request of Mayor Edwards to dlSCUSS walvir.g the fee for the use of the Cour.cil Chamber by the Chancellor's Offlce of the State of Callforr.ia Communlty Colleges on May 17, 1984. Cour.cilmember Reed moved to approve the request. Second by Cour.cilmember Epsteln. The motlor. was approved by the folloWl~g vote: Cour.cil Vote: Urar.lmously approved 6-0 Absent: Mayor Edwards 14-C: CONTINUED AGENDA ITEMS: meeting. Cosldered at beglnning of 14-D: DISABLED ACCESS: Presented was the request of Mayor Pro Tempore Press to dlSCUSS r.ew and remodeled commercial buildings in Vlew of State laws conCernll'ig adequate access for dlsabled cltlzens. Councilmember Reed moved to walve the regulatlor.s and give speaklng time allotted to Mayor Pro Tempore Press to Barry Atwood. Mr. Atwood spoke ln support of requirirg adequate disabled access 11' new and remodeled projects. D1Scussion was held. Councllmember Ep.st.el.r.. moved to direct staff to consider the matters raised and, lf deemed approprlate, conslder policy implementations; further, to indlcate that Council is committed to a POllCY of favorlng accesslbility, and to request a prelimlnary report on progress of the ir.vestlgation in 45 days. Second by Cour.cllmember Reed. After discussior., the motlon was approved by the follOWlrg vote: Council Vote: Unanlmously approved 6-0 Absent: Mayor Edwards 14-E: RENT CONTROL: Presented was the request of Councilmember Zal"e to dlSCUSS adoptlng a resolution opposlng the current form of the Costa Bill, especlally rental vacancy decontrol Ul any provision, ar.d remainlr.g provislor.s which affect currert rent control units in Santa Monlca; also a Council positlor on AB 3908 ir.troduced by Assembly Member Papan. Councllmember Zane moved that Council go on record as opposlng any measures at the State level which mandate vacancy decor.trol and rent control laws at the local level and State dlrectlves requlrlng clties to exempt slngle family dwellings from rert control laws. Second by Councilmember Epsteir. Discussion was held. The motlon was approved by the followlng vote: Councll Vote: Unanlmously approved 6-0 Absent: Mayor Edwards Councilmember Zane moved that CounCll take a position opposed to the Patton Bill (AB 3908) which reqUlres that clties ellminate rent control laws by 1990 as well as establlsh vacancy decontrol and ellmlation of rent control for single family dwellings. 9 May 8, 1984 Secolid by Mayor Pro Tempore Press. Di scussion was held. The motloli was approved by the folloWlr.g vote: Cour.cll Vote: Ur.arimously approved 6-0 Abser.t: Mayor Edwards 11-D: CLOSED SESSION: Presented was a request for Closed S~ssion to dis~~ss pendirg litigatioli and personliel matters. At 10:18 P.M., Courcllmember Reed moved to adjourr. to Closed Session for the purposes stated and to continue the meetir.g after 11: 00 P. M. Second by Councilmember EpsteIn. The motion was approved by unanimous vote. Council reconvened at 11: 02 P. M. WIth the following members present: Councllmembers Corn, Epstein, Jennings, Press and Reed (Councllmember lane and Mayor Edwards absent). Councilmember Conn moved to approved settlemer.t of Jokl vs. CIty of Salita MOn-lO-au in amoulit of $3,185.56. The motion was approved by the following vote: Coulicil Vote: UnanImously approved 5-0 Absent: Cou~cilmember lalie and Mayor Edwards Coulicilmember Conn moved to approve plaIntiff BurgIn and Albert vs. City $3,500. Second by Courcilmemeber approved by the followir.g vote: settlement ili the case of of Santa Mor.lca In amount of Epstein. The motion was CouncIl Vote: Unanimously approved 5-0 Absent: Coulicilmember lane and Mayor Edwards 6-D: SANTA MONICA HARBOR: ~~ur.cilmember Epstein moved to remove Item 6-D from the table (see page 6). Secor.d by Councilmember Conn. The motion was approved by unanimous vote. Cour.cilmember Epstein moved to adopt Resolutior: NO. 6859(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING HEALY TIBBETTS CONSTRUCTION COMPANY AND OTHER INTERESTED PARTIES TO REMOVE LORAIN TRUCK CRANE, SERIAL NUMBER 32403, FROM SANTA MONICA HARBOR," readirg by title only and wal ving furthr readIr.g thereof. Second by Councilmember Cor:n. The motior. was approved by the followi~g vote: Council Vote: Unarimously approved 5-0 Absent: Councilmember Zane and Mayor Edwards ADJOURNMENT: At 11:05 P.M. Councllmember Epsteir: moved to adjourr the Council meeting In memory of lorg-time Santa Monica resIdents Alida Smith, Martha A. Miller, and Count Basie, musician. The motior: was approved by the followir:g vote: 10 May 8, 1984 Cour,cil Vote: Ur,anlmously approved 5-0 Abser.t: Councilmember Zane ar,d Mayor Edwards ATTEST: ~DO~ ~ ~ ctJ;~ Anr. M. Shore CIty Clerk Ker Edwards Mayor 1 1 May 8t 1984