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M-4/10/1984 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 10, 1984 A meetlng of the Santa Monica Clty Council was called to order by Mayor Edwards at 6:00 P.M., 01" Tuesday, April 10, 1984, in the Council Chambers. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councllmember James P. Conn Councllmember David G. Epstein Councilmember Wllllam H. Jennings Coupcilmember Chrlstlne E. Reed (entered 6:44 P.M.) Councllmember Dennls Zane (entered 7:02 P.M.) City Manager John H. AIschuler, Jr. Clty Attorney Robert M. Myers Clty Clerk Ann M. Shore STUDY SESSION: A Study Session was held at 6:00 P.M. SS-l: LIBRARY SYSTEM: A staff report was presented on community use of the Sapta Monica Llbrary System and on the conditioI' of Mall" Library ceillng. D1Scusslon was held. At 7: 19 P. M., CouncilmellJber Epsteil" moved to adjourl' the Study Sesslon. Second by Mayor Pro t~mpor~- Press. The motion was approved by unanimous vote. REGULAR CITY COUNCIL MEETING The regular meetil"g of the Santa Mopica Clty Council was called to order by Mayor Edwards at 7:35 P.M. Coupcilmember Conn led the assemblage in the pledge of allegiance. Monslgl"Or Cyril Wood, St Anne's Cathollc Church, offered the invocatlol'. Roll Call: Prese~t: Mayor Kel' Edwards Mayor Pro Tempore Dolores M. Press Councllmember James P. Conn CouPcllmember David G. Epsteln Councilmember Willlam H. Jenl"lngs Councilmember Chrlstlne E. Reed Councilmember Denl"lS Zal'e Clty Mal'ager Johl' H. Alschuler, Jr. City Attorney Robert M. Myers Clty Clerk Ann M. Shore April 10, 1984 Councllmember Conn moved to add Items 6-N, 8-D, 14-C, 14-D and 14-E to the agenda. Second by Councilmember Epstein. The motior" was approved by ur"animous vote. 6. CONSENT CALENDAR: The Conse'1t Caler"dar was presented whereby all items are considered and approved In ope motion unless removed from the calendar for dIScussion. Cour"cilmember Conn moved to approve the Consent Calendar with the exceptIon of Items 6-A, 6-D, 6-E, 6-J and 6-N. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: ResolutIon NO. 6849 (CCS) er"ti tIed: "A RESOLUT1oN OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUE EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-C: PARKING AND BUSINESS IMPROVEMENT AREA/MAIN STREET: Ordinance No. 1303(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Of SANTA MONICA ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA IN THE MAIN STREET AREA AND TO PROVIDE FOR THE LEVY OF AN ASSESSMENT THEREIN," was adopted. 6-G: NATIONAL CONSUMER WEEK: Resolution No. 6852(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING APRIL 23 THROUGH APRIL 29, 1984 AS CONSUMERS WEEK," was adopted. 6-8: BUS MAINTENANCE: Contract No. 4102(CCS) was awarded to H. Donald WhIte and Associates in the amount of $29,733 to perform a Mal'1tenance DivIsion evaluation for Santa Monica Bus Lines. 6-1: MANAGEMENT SYSTEM: The City Manager was authorIzed to execute Contract No. 4103(CCS) with MultiplIcations, Inc., in the amount of $92,576 to develop and install an Automated Management Informatior" System for Santa Monica Municipal Bus Lines. 6-K: BUS LINES JANITORIAL SERVICE: BId No. 1939 was awarded to Spri"lgU-Maintenance lI" the amour.t of $16,000 for JanItorial services for the Santa Monica Municipal Bus Lines. 6-L: WATER DIVISION SUPPLIES: BId No. 1938 was awarded to Blue Diamond- at unit prICeS bid for sand, crusher base, gravel and asphalt concrete cold mix for the Water Division. 6-M: ASBESTOS ABATEMENT IN PUBLIC SCHOOLS: A recommendatIon was approved to support AB 2377 (DaVls) relatIng to asbestos abatement In public schools. END OF CONSENT CALENDAR 6-A: MINUTES APPROVAL: Presented for approval were minutes of the CIty Council meeting held December 13, 1983. There being on objectIon, the matter was continued to April 24, 1984, to have the 2 April 10, 1984 Clerk rev1ew and report 1n regard to the accuracy of the roll call vote on Item 6-W, page 12. 6-D: BOARD AND COMMISSION MEMBERSHIP: Counc1lmember Press il"troduced d1Scuss1on 1n regard to a staff report transmitting a resolution establish1ng City Counc1l policy against double membership on Boards and Commiss1ons. Counc1lmember EpsteIn moved to adopt Resolution No. 6850(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A POLICY AGAINST DOUBLE MEMBERSHIP ON BOARDS AND COMMISSIONS," readIng by title only and waivi~g further reading thereof. Second by Councllmember Conn. Councilmember Conn moved an amendment that the resolutiol" be changed to provIde that City Coupcil may waive the requirements of this resolution upon two-thirds vote of Its membership. Second by Councilmember lane. The motIon was approved by the followi~g vote: CouncIl Vote: Unanimously approved 7-0 DIScussion was held. WIth Epstein included in the Councllmember lane that the and not to current members. by the following vote: the consent of main motiop proposed rule The motion, the second, Coupcilmember an amendment move~ by be applied prospectively as amel"ded, was approved CounCIl Vote: Unanimously approved 7-0 6-E: BOARDS AND COMMISSIONS REVIEW: CounCllmember Press introduced discuSSIOP in regard to a staff report transm1ttIng a ResolutIon establishing periOdiC review of funct1ol"s and powers of City Boards and Commissiol"s, having been requested at the Council meet1ng of June 28, 1983. Coupcilmember EpsteIn moved to table the matter. Second by Mayor Pro Tempore Press. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-F: POLICE RECORDS: Councilmember Epste1l" introduced discussion 1n regard to a staff report transmIttIng a resolution approving destruction of obsolete Pol ice Department records. Councilmember Epstein moved to adopt Resolution No. 6851 (eCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS OF THE POLICE DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTION 34090," readIng by tItle only and waiVIng further reading thereof. Second by Councilmember Conn. The motion was approved by the followIng vote: Council Vote: Unanimously approved 7-0 6-J: JOINT AND SEVERAL LIABILITY: Concilmember Jennings 1ntroduced d1scussiol" in regard to a staff report recommepding support of SB 575 (Foran) Wh1Ch seeks to limit the CIty's liab1lity for damages in cases where the City has little or no involvement. Discussion was held. Councilmember lane moved to approve the staff recommendation thereby adopting a posi tiol" of support for SB 575 (Foran) and direct1ng the C1ty Mal"ager to work with the City 3 April 1 0, 1984 .1:_ Lobbyist to represent th~s position to the Cal~for~ia Legislature. Second by Councllmember Reed. The motion was approved by the followi'1g vote: Council Vote: Affirmative: Councilmembers Con~, Reed, Zane and Mayor Edwards Negative: Councilmembers Jenni!"'gs, Epsteln and Press 6-N: FIRE TRUCK: Councilmember Jennings introduced dlscussio~ in regard to a staff report recomme~dlng award of Bid No. 1936 to FMC/VaT' Pelt Corporatio~ ~n the amount of $151,215.36 for a Flre Truck and approval of a recommendatlon regardi!"'g flnancir>g and budget encumbrance. Discussior> was held. Councllmember Epstein moved to approve the staff recommendatioT', thereby awardlng Bid No. ~to FMC/Van Pelt Corporatior> in the total amount of $151,215.36 as the lowest bldder meeting speclflcatlonSj authorizing the Ci ty Manager to accept one of the two long-term financing options submitted by FMC/Van Pelt or to secure other more favorable financlng by means of WhlCh FMC/Van Pelt is to be pald cash in full upon dellvery and City acceptance of the FHe Truckj and authorizing the encumberlng of up to $30,000 budgeted durlng Flscal Year 1983-84 as down-paymeT't for the triple comblPation flre truck upon issuance of a purchase order to FMC/Van Pelt. Second by Councllmember Reed. The motion was approved by the followlng vote: COUT'cil Vote: U~an~mously approved 7-0 8-A: LIBRARY NON-RESIDENT FEES: Presented was a staff report transmitting an ordinance for adoption increasing the non-resident fee for Library Cards, having been introduced March 27, 1984. Discussion was held. Councllmember Zane moved to adopt Ordinance No. 1304(CCS) el"tltled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NON-RESIDENT LIBRARY FEES,II readi~g by tltle only and walvir>g further readl!"'g thereof. Second by Councilmember Reed. The motlon was approved by the following vote: Council Vote; Afflrmatlve: Councilmembers Co~n, Jennings, Reed a~d Zane Negative: Cou~cilmembers Epstein, Mayor Edwards Press and Councilmember Epstein requesteo the record to relfect his no vote ln his belief that thlS an a!'" unnecessary increase and ~t may dlscourage people from using the library. 8-B: DOG CONTROL: Presented was a rev lsed staff report transmitti'1g an ordlnance for lntroductio~ and f~rst read~ng adding MuniClpal Code Sectlon 4140 regulating vlcious dogs as requested at the City Council meeting of December 13, 1983. Discussion was held. The Publ ic Hearing was declared open at 8; 19 P. M. There bei!"'g ~o one wishlng to speak, Councilmember Epstei~ moved to close the Public Hearing at 8:19 P.M. Second by Mayor Pro Tempore Press. 4 April 10, 1984 The motlon was approved by ul"al"imous vote. Coul"cilmember Epstel"1 moved to introduce for first reading an Ordll"anCe entitled: ""AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4140 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO VICIOUS DOGS, 11 Second by Councilmember Conn. The motion was approved by the followi~g vote: Council Vote: Unanlmously approved 7-0 8-C: COLORADO PLACE DEVELOPMENT AGREEMENT/CLOVERFIELD AND 26TH STREET:H Presented was a staff report transmitti~g an ordinal"ce for introductio~ and flrst reading approving Amendment No. 2 to COl"tract No. 3719(CCS), a Development Agreement with Colorado Place, Ltd., (Cloverf1eld and 26th Street) relating to mortgage protectlon. The Public Hearlng was declared open at 8: 20 P. M. There being no one wlshlng to speak, Councilmember Epsteln moved to close the Public Hearll"g at 8: 20 P. M. Second by Mayor Edwards. The motion was approved by unanimous vote. Coul"cilmember Epstein moved to introduce for first reading an Ordlnal"Ce entl tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AMENDMENT NUMBER 2 TO DEVELOPMENT AGREEMENT BETWEEN COLORADO PLACE LIMITED AND THE CITY OF SANTA MONICA," read l~g by ti tle only and waiving further readlng thereof. Second by Councllmember Conn. The motion was approved by the followi~g vote: Council Vote: Unanimously approved 7-0 8-D: TENANT PROTECTION DURING OLYMPICS: Presented was a staff reporttral"smittil"g . an. emergency ordlnal"ce for adoption amendlng the MUl"icipal Code relatlng to tel"al"t protections during the Olympics, requested at the Clty Council meeting of March 27, 1984. DiscuSSlon was held. The Public Hearing was declared opel" at 8:24 P.M. There being no one wishing to speak, Councilmember Epstein moved to close the Public Hearing at 8:24 P.M. Secol"d by Councilmember Conn. The motion was approved by unanimous vote. Councilmember Epstein moved to introduce and adopt Ordlnance No. 1305 (CCS) entitled: . "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FOUR MONTH MORATORIUM ON CERTAIN EVICTIONS AND RENT INCREASES," readl~g by title only and waiVlng further readlng thereof. Second by Councllmember Conl". The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 11-A: BEACH CONCESSIONS: Presented was a staff report recommendlng approval of a cOl"tract with McDonald's Corporation for food COl"cession stands on the Beach al"d authorlzatiol" to staff to develop a beach cleaning and security program for review during budget deliberations. Discussiol" was held. Councilmember Epst~~~ moved to hear from members of the publlC for three minutes each. Second by Mayor Pro Tempore Press. The motlon was approved by unanlmous vote. Reggie Webb, Vice President of McDonald's Corporatiol", descrlbed thelr bid proposal to develop a"d operate five food concessions on Santa Monica Beach. Barry Class spoke in opposltiol" to the bld process and McDonald's proposal. Tim Boydson spoke in opposition to McDonald's as not being unlque. Wayne Hall 5 April 10, 1984 spoke i~ opposItion to the proposal and requested conSIderatIon of small bUSIness landlords. Greg Wel~erth spoke in obJection to the proposal because of 1ncreased activity in the area. William K. Schlei spoke in object1o~ to the bid process and the proposal due to need for add1t1o~al C1ty serVlce to monltor actlvities. Glenn R. W1ll1ams spoke to request diverSlty 1n architecture and menu. D1mitri Elbling spoke to request that small busi~ess be considered. Curt Ullman spoke to request addit10nal public participation before approving a proposal. Ernie Powell spoke 1n support of approving McDonald's bid as one that w1Il 1mprove secur1ty, beach clean-up a~d lncrease City revenues. R1chard Chacker spoke in obJection to the bid process, McDonald's menu, and 1n support of small business enterprise. Discussion was held. Councilmember Epstein moved to approve the staff recommendation, thereby author1zing the C1ty Manager to enter into Contract No. 4l04(ccS) with McDonald's Corporatio~ for lease of f1 ve Identifled beach concession sta!"ds for a term of flve years for a guaranteed mlnimum rent of $200,000 annually or a percentage of gross income as outlined l!" the staff report dated April 1 0, 1984; further, authorizing Cl ty staff to develop a specif1c supplemental beach cleanlng and securlty program for submittal to the City Coupcil during the budget del1berations. Second by Counc1lmember Jenni~gs. DiscuSSlO~ was held. Councllmember Co~n moved a subst1tute mot1on to postpone the vote until the Council meeting of Apnl 24, 1984. Second by Councilmember Zane. Further d1scussio~ was held. The substitute motio~ failed by the followlng vote: Council Vote: Affirmative: Counc1lmembers Conn and Zane Negative: Counc1lmembers Epste1n, Jenn1ngs, Press, Reed and Mayor Edwards After additional discuss1on, the origlnal motlon approving the cortract was approved by the followi!"g vote: Council Vote: Aff1rmat1ve: Councilmembers Epste1n, Je!"nirgs, Press, Reed ard Mayor Edwards Negat1ve: Counc1lmembers Zane Abstain: Counc1lmember Conn Councilmember Zane requested the record to reflect that his no vote IS because he would have liked the Council to have had the opportunlty to reVIew the Request For Proposal as It was developed and make some policy decisions that were implicit In that RFP even though the declsions may have been the same as those made by staff. Counc1lmemberEp~~~ln move~ to direct staff, in future bidding, to take into accou~t the need for diversity In menu and other features of concessions on the Beach. Second by Mayor Edwards. DIScussion was held ir regard to prIor Cou~cil reV1ew of the Request for Proposal. The motlon was approved by the followi~g vote: CounCIl Vote: U~animously approved 7-0 6 Apnl 10, 1984 . 11-B: CLOSED SESSION: Consldered at epd of meeting. A recess was held at 10:34 P.M. At with the following members Present: Jennlr>gs, Press, Reed and Mayor absent). 10:42 P.M., Council recor>vened Councilmembers Conn, Epstein, Edwards (Councilmember Zane 13-A: THIRD STREET MALL CORPORATION: Presented was a request from Isa Feinsteln to address Council regarding the omISS1on of a Mall merchant-retailer and persor>s with retail experience on the Third Street Mall Corporation. Mr. Feinstein presented his request apd dlScussion was held 1n regard to such consideration at the time of future appo1ntments. 13-B: CHILDREN'S TREE OF LIFE: Presented was the request of Jerry Rubin to address Council regarding declarat10n of the Children's Tree of Llfe as an off1cial Santa Monica Monument to World Peace. Mr. Rubin read a proclamatlon from Los Angeles Mayor Bradley establ1shir>g April 22, 1984, as Earth Day ar>d requested Council particlpation ir> that event. During dIScussion, Councilmember Conn offered to make the presentatIon. 13-C: NATIONAL HEALTH CARE PLAN: Presented was the request of DaVld Schechtman to address -Council regarding support of Assembly Bi 11 3410 concerning NatIonal Health Care Plan. Mr. Schechtman represented Southern Cal1fornia Coalition for a Natiopal Health Service and requested CounCIl support of AB 3410. Councllmember Epstein moved to extend the CounCIl meting after 11:00 P.M. Second by Mayor. Edwards. The motion was approved by unanimous vote. Coupcilmember Jennin6s moved to endorse and send letters in support of AB 3410 regardir>g a National Health Care Program. Secor>d by Mayor Edwards. DIScussIon was held The motion was approved by the following vote: Council Vote: AffIrmatlve: Coupc ilmembers Conn, J e!'p Ings, Press and Mayor Edwards Negatlve: Coupcilmembers EpsteIp and Reed Absent: Councilmember Zane Councilmember EpsteIn requested the record to reflect that his po vote 1S because he feels it inappropriate to propose advisory election bills or> federal policy, rather to elect legIslators sympathetIc to policies. 13-D: ROLLER SKATING AT PIER: Presented was the request of Deforrest. R. Most .to-address Cour>cil regarding development of a I roller skati~g area at the head of Santa Monica Pier. Mr. Most not beIng presel"t, Councilmember Reed moved to receive and flle the communlcatiol". Second by Councilmember Epstein. The motlon was approved by unanimous vote. 14-A: LANDMARKS COMMISSION: Presented as the matter of apPOIl"tment of a member to flll a vacancy on the Lar>dmarks Commission. Mayor Edwards nominated Lorraine Farrell. Discusslon 7 Apr il 10, 1984 1: was held. Cou~cilmember Epstei~ moved to waive the regulations to permit late applicatlons and late pominations and to appoint Lorraine Farrell subject to veriflcation of holdl~g a realty llcense as requl~ed for this membershlp. Second by Mayor Edwards. Council Vote: Unanimously approved 6-0 Abse~t: Councilmember lane 14-B: CHILD ABUSE PREVENTION: Prese~ted was the request of Councilmember lane to discuss Maxine Water's Child Abuse Preventlon Tralnlng Act CAB 2443). In Councllmember lane's absence, Concilmember. Epstein.__lJIoved to contlnue the matter to April 24, 1984. Second by Councilmember Reed. The motion was approved by unanimous vote (Councilmember la~e absent). 14-C: MARINE CONSERVATION ZONE: Presented was the request of Councllmember Epstei~ to discuss Assembly Bill 3707 WhlCh establishes a Marlne Conservation lone and restricts the use of glll and trammel nets wlthin o~e mlle of the coast during a study perlod. Councllmember Epstein moved to lnstruct staff to prepare a letter to send to Assemblywoman Wrlght with a copy to Ventura Coupty Supervisor Flynr endorslng AB 3707. Second by Mayor Edwards. The motion was approved by the followlng vote: Coupell Vote: Unanimously approved 6-0 Absent: Councllmember lane 14-D: STREET LIGHTS: Presented was the request of Mayor Edwards to dlSCUSS the lssue of street llghts which were turned off for the purpose of energy conservatlon and what measures can be taken to have them turned back on. Discussion was held. Mayor Edwards moved to table the matter which would be handled by staff. Second by Councilmember Epsteln. The motion was approved by the following vote: Councll Vote: Unanlmously approved 6-0 Absent: Councllmember Za~e 14-E: ANTI-RENT CONTROL LEGISLATION: Presented was the request of Councllmember Zane to dlSCUSS sendipg a letter to Governor DeukmeJlan opposirg hlS stand ln support of the antl-rent co~trol legislative package. Mayor Edwards presented the request in Councllmember lane's absence. Councilmember Epstein moved that Council adopt in principle the idea of sepdlng a letter, the Mayor to appoirt a blpartisan commlttee to draft a letter for all Councilmembers to slgr and that this be done quickly. Second by Mayor Edwards who appointed a commlttee consisti~g of Councilmembers EpstelP and Zane to draft the letter. The motlon was approved by the following vote: Council Vote: Una~imously approved 6-0 Absert: Councllmember lane 8 Apnl 10, 1984 11-B: CLOSED SESSION: At 11:15 P.M., Courcilmember Epsteir moved to adjourn to Closed Session for the purpose of d1scuss1ng pending lit1gat1on and pe"rsonnel matters. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane The City Cou~cil meet1ng reconvened at 11:40 P.M. Councilmember Co!"n moved to approve settlement of Ruiz vs. City, Case No. 474156, Los Angeles Superior Court, in amount of $5,000. Secord by Mayor Edwards. The motior was approved by the follow1Pg vote: Council Vote: Una!"lmously approved 6-0 Absent: Councilmember Zane Councilmember Epstein.moved to approve an amendment to Contract No. 3824(CCS) ,the settlement agreement between Michel Bros. and the C 1 ty. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane ADJOURNMENT: At 11:43 P.M.,CouncilmemberReed moved to adjourn 1n memory of C. Frankl in Knowl ton, engil"eer ard Cha1rperson of the City's Building and Safety Commission; Charles McShane, long-time Santa Mon1ca reside~t and husband of former Head Chlldren's L1brarian; Margaret C. Gray, former Santa Monica resident and former Art Instructor for the Santa Monica Recreation and Parks Departmentj Frark Church, and singer Marvin Gay. Secol"d by Mayor Edwards. The motion was approved by the following vote: Council Vote: U!"animously approved 6-0 Absent: Cou!"cllmember Zane ATTEST: a::v~ ~~ ~~~ Ann M. Shore C1ty Clerk Ke!" Edwards Mayor 9 April 10, 1984