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M-3/13/1984 1 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 13, 1984 A meeting of the Santa Monica City Council was called to order by Mayor Edwards at 6:15 P.M., on Tuesday, March 13, 1984 in the Council Chamber. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn councilmember David G. Epstein Councilmember William H. ~ennings (Arrived at 6;18 P.M.) Councilmember Dennis Zane City Manager ~ohn H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Ann M. Shore Absent: Councilmember Christine E. Reed STUDY SESSION: SS-l: RECREATION AND PARKS ACTIVITIES: Presented was a staff report analyzing participation in the various recreation and parks activities offered by the City of Santa Monica. Discussion was held. ADJOURNMENT: At 7:30 P.M., the Study Session was adjourned. A recess was held from 7:30 P.M. to 7:40 P.M. REGULAR CITY COUNCIL MEETING A regular meeting of the Santa Mon1ca City Council was called to order at 7:40 P.M. by Mayor Edwards. Councilmember Epstein led the assemblage in the Pledge of Allegiance to the United States of America. Mayor Edwards introduced Reverend David McAllister, Westside Ecumenical Conference, who offered the invocation. Roll Call: Present: Mayor Ed Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn councilmember David G. Epstein Councilmember william H. ~ennings Counci1member Dannis Zane 1 March 13, 1984 City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Ann M. Shore Absent: Counci1member Christine E. Reed Mayor Ken Edwards moved to add Items 6-J, a-B, a-c, 14-D and 14-E to the agenda. Second by Counci1member Epstein. The motion was approved by unanimous vote. 4-A: BOARD applications Women. COMMISSION ~CANCIES: The City Clerk invited to fill a 'vacancy on the Commission on the Status of 5-A: TORT AND WORKERS' COMPENSATION SETTLEMENTS: Presented was the request of Councilmember Epstein for a staff report on criteria for Council review of Tort and Workers' Compensation settlements. Councilmember Epstein introduced discussion and moved to ask the City Attorney to advise the Counc~l on whether the limit for settlements of tort actions without Council approval might be raised and to ask staff, either the City Attorney, City Manager, or both, in the course of the 1984-85 budget review to propose an appropriate mechanism for reviewing our policy in the area of Workers' compensation. During discussion, the motion was amended to include that staff propose a workplan to address this matter in the course of preparing the 1984-85 budget documents. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 5-B: WOMEN'S HISTORY MONTH: Presented was the request of Mayor Pro Tempore Press to discuss local events scheduled in March for Women's History Month. Mayor Pro Tempore Press introduced discussion and yielded her time to hear a member of the public speak. Mildred Rosenstein described events planned and read into the record a document proclaiming March as Women's History Month in Santa Monica. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Conn moved to approve the Consent Calendar with the exception of Items 6-A, 6-E, 6-I and 6-J. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 2 March 13, 1984 l Absent: Counci1rnember Reed 6-B: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6838(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted. 6-C: STREET RESURFACING PROGRAM: Contract No. 4087(CCS) was awarded to Sully Miller Contracting Company based on unit prices and to the extent funds are available ($1,338,981) for the 1983-84 street resurfacing program. 6-0: U~~_ OF MEMORIAL PARK GYM FOR WORLD GAMES FOR THE DEAF: A recommendation was approved for use of Memorial Park gym, Clover Park and certain City streets to hold events in conjunction with 1985 World Games for the Deaf, waiver to Resolution No. 6809(CCS) regarding proposed marathon and cycling routes and $10,000 race fee. 6-F: ENERGY SAVING DEVICES: Bid No. 1937 was awarded to Zipcote, Inc., Zhay Corporation, Niagara Products and Jones Arnold in the total amount of $23,945.47 for itemized energy saving devices for the Residential Conservation Service Program Division and rejection of certain items. G-G: CAREER CRIMINAL APPREHENSION PROGRAM: Resolution No. 6840(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS TO AID IN WESTSIDE MULTIJURISDICTIONAL MAJOR CRIME VIOLATORS TASK FORCE," was adopted. 6-H: TRANSPORTATION DEVELOPMENT ACT CLAIM: A recommendation was approved for an intra-department transfer of funds to Municipal Bus Lines' facility remodeling and expansion program and authorization to the City Manager to file an amended TDA (Transportation Development Act) claim in support of this action. END OF CONSENT CALENDAR 6-A: MINUTES APPROVAL: Presented was the matter of approval of minutes .of the City Council. Mayor Pro ~~rnpore Press moved to approve the minutes of January 3,- 1984, as presented. Second by Counci1rnember Epstein. The motion was approved by unanimous vote (Councilmember Reed absent). 6-E: _ AUTHORIZED SIGN~TURES FO~ BANK AC~IVITIES: Mayor Pro Tempore Press introduced discussion regarding the staff report transmitting a resolution authorizing entry to the City's safe deposit box at First Interstate Bank and fund investment placements and 3 March 13, 1984 withdrawal. Discussion was held. Councilmember Epstein moved to adopt Resolution No. 6839(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT, USE AND INVESTMENT OF ONE OR MORE DEPOSIT ACCOUNTS WITH CERTAIN BANKS AND SAVINGS AND LOAN ASSOCIATIONS~ AUTHORIZING FACSIMILE SIGNATURES BY CHARLES M. DENNIS AND KAY WATANABE~ AND AUTHORIZING CERTAIN OFFICERS AND EMPLOYEES TO ENTER SAFE DEPOSIT BOX MB" AT THE FIRST INTERSTATE BANK," reading by title only and waiving further reading thereof. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, ~ennings, Zane and Mayor Edwards Negative: Mayor Pro Tempore Press Absent; Councilmember Reed 6-1: ELECTION SERVICES; Councilmember Epstein introduced discussion regarding the staff report recommending approval of a contract for election supplies and services to be provided by Martin and Chapman Co. in the forthcoming June 5, 1984 election. After discussion, Mayo~ Edwards moved to approve Contract No. 4088(CCS) with Martin & Chapman Company in the amount of $22,000 for providing election supplies and services for the Special Municipal Election to be held June 5,1984, consolidated with the County Statewide Primary Election. Second by Councilmember Conn. The motion was approved by the following vote; Council Vote; Affirmative: Councilmembers Conn, Jennings, Zane and Mayor Edwards Negative: Councilmembers Epstein and Press Absent: Councilmember Reed Councilmember Epste1n requested the vote because he is unhappy that in City Clerk could find only one satisfied with services provided by election. Mayor Pro Tempore Press those as her reasons as well. record to reflect his negative spite to diligent efforts, the bidder and because he was not this consultant in the previous requested the record to reflect 6-J: LOCAL GOVERNMENT FIN.ANCE: Councilmember Epstein introduced discussion regarding support for the Cortese package of legislation regarding local government finance (AB 2468, AB 2469, ACA 54 and ACA 55). Councilmember Epstein moved to approve the staff recommendation, thereby adopting a position of support for the Cortese legislative package, AB 2468, AB 2469, ACA 54, ACA 55, and 4 March 13, 1984 1, directing the City Manager to work with the City's legislative advocates to represent this position in the State Capitol, except to adopt as the City's position that Council is opposed to any further increase in the sales tax and directs the lobbyist to make that known at appropriate times in the process. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 13-A: PROJECT RETURN CENTER: procedures, requests to speak, of this proposed project. The the agenda following Item II-D. Discussion was held in regard to and the process required for review matter was considered in order on 7-A: GUTTER CONSTRUCTION/STREET RESURFACING: Presented was a staff report regarding a public hearing on assessments of costs for gutter installation and street resurfacing on Broadway between Eleventh and Seventeenth Streets. The Public Hearing was declared open at 8:17 P.M. There being no one wishing to speak to the matter, CoUncilmember Epstein moved to close the Public Hearing at 8:18 P.M. Second by Councilmember Conn. The motion was approved by unanimous vote. Councilmernber Epstein mo~ed to acknowledge the protests received and to adopt Resolution No. 6841(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING GUTTER AND STREET RESURFACING ON BROADWAY BETWEEN ELEVENTH STREET AND SEVENTEENTH STREET, ALL WITHIN THE CITY OF SANTA MONICA", 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 6-0 7-B: WEED ABATEMENT: Presented was a staff report regarding a Public Hearing on the City's intent to abate weeds growing on certain lands and recommending award of a contract to Commercial Lot Cleaning, sole bidder. The Public Hearing was declared open at 8:21 P.M. There being no one wishing to speak to the matter. Coun~ilmember Epstein moved to close the Public Hearing at 8:22 P.M. Second by Councilmember Conn. The motion was approved by unanimous vote. ~ouqcilmember Epstein., moved to note that no protests had been received and to award Contract No. 4089(CCS) to Commercial Lot Cleaning in the amount of $46,795.30 to abate weeds. Second by Councilmember Conn. The motion was approved by the following vote: 5 March 13, 1984 Council Vote: Affirmative: Councilmernbers Conn, Epstein, Jennings, Zane and Mayor Edwards Negative: Mayor Pro Tempore Press Absent: Councilmernber Reed (Mayor Edwards departed the Chambers at 8:25 P.M. Mayor Pro Tempore Press presided.) a-A: STREET LIGHTING IMPROVEMENTS: Presented was a staff report transmitting an ordinance for adbption and second reading related to establishing assessments for installation of residential street lighting improvement, first reading held February 28, 1984. Councilmember Zane moved to adopt Ordinance No. l300(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING SUPPLEMENTAL PROCEDURES FOR INSTITUTING RESIDENTIAL STREET LIGHTING IMPROVEMENTS," reading by title only and waiving further reading thereof. Second by Councilmernber Esptein. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmember Reed and Mayor Edwards 8-B: OLYMPIC TENANT PROTECTION FROM EVICTIONS: Presented was a staff report transmitting an ordinance for introduction and first reading regulating evictions for residential rental units during the Summer Olympics. Discussion was held. Member of the Public John ~urenka spoke to request landlord protection in the ordinance. Further discussion was held. Councilmember ~stein moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FOUR MONTH MORATORIUM ON CERTAIN EVICTIONS AND RENT INCREASES," reading by title only and waiving further reading thereof, amended to include the following language suggested by the City Attorney: "For purposes of this section, the term landlord includes any sublessor and the term tenant includes any subtenant."r further that an exemption be provided for first time occupancy by a new purchaser. The motion failed for lack of a second. Counc1l~em~er Epstein moved to introduce the ordinance amended by addition of subdivision (e) as stated above. Second by Mayor Pro Tempore Press. Discussion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmember Reed and Mayor Edwards 6 March 13, 1984 1: 8-C: PERS CONTRACT REGARDING POLICE MEMBERS: Presented was a staff report transmitting an ordinance for introduction and first reading authorizing an amendment to contract with PERS (Public Employees Retirement System) to provide the one-year final compensation benefit for local police members of PERS in accordance with the terms of the Memorandum of understanding with the Santa Monica Police Officers Association. The Public Hearing was declared open at 8:39 P.M. There being no one wishing to speak, the Public Hearing was closed at 8:39 P.M. Councilmember Zane moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM," reading by title only and waiving further reading thereof. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, and Zane Abstain: Councilmember Epstein Absent: Councilmember Reed and Mayor Edwards IO-A: JOB TRAINING PARTNERSHIP ACT: Presented was the request of the Social Services Commission to approve correspondence to the County Board of Supervisors in support of ~ob Training Partnership Act funding. Councilmember Conn moved to approve transmittal of the proposed letter. Second by Mayor Pro Tempore Press, the motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmember Reed and Mayor Edwards II-A: HOMELESS PERSONS: Presented was a staff report providing information and approaches to dealing with homeless persons. (Mayor Edwards returned to the dais at 8:55 P.M.). Discussion was held. Il-B: BOARD/COMMISSION APPLICATIONS: Presented was a staff report recommending approval of a revised Board/Commission application form and consideration of a resolution regarding appointment dates and public review of applications. Member of the pUblic Mildred Rosenstein spoke in opposition to quarterly appointments of Board and Commission members. Councilmember Conn moved to approve the revised Board and Commission application form and to adopt Resolution No. 6842(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH PROCEDURES FOR 7 March 13, 1984 MAKING APPOINTMENTS TO PUBLIC BOARDS AND COMMISSIONS,u reading by title only and waiving further reading thereof, amended to delete the section providing for quarterly appointments. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, ~ennings, Press, and Zane Negative: Councilmember Epstein and Mayor Edwards Absent: Councilmember Reed Councilmember Epstein requested the record reflect his negative vote is because he is opposed to asking for information which basically is to be used to promote quota appointments. Mayor Edwards requested the record to reflect that his negative vote is for reasons stated previously that public scrutiny should be permitted only after one is appointed and there are too many circumstances under which inf~rmation would be given out unnecessarily. ll-C: SHORT RANGE TRANSIT PLAN/MUNICIPAL BUS LINES: Presented was a staff report recommending that the City Manager be authorized to file a Short Range Transit Plan with Los Angeles County Transportation Commission and Southern California Association of Governments in order for Santa Monica Municipal Bus Lines to remain eligible for Federal and State transit grant funds. Councilmember Epstei~..moved to approve the staff recommendation. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Il-D: RESIDENTIAL CONSERVATION SERVICES PROGRAM: Presented was a staff report recommending selection of consultants to provide services to operate, pUblicize, and evaluate the Residential Conservation Service (RCS) Program. Discussion was held. Maro) Edward~_ moved to approve the recommendation, thereby approving 1 Contract No. 4090(CCS) with DMC Energy, Inc., in an amount not to exceed $693,000 for the provision of energy audit services and $24,720 for the provision of training services: (2) Contract No. 4091 (CCS) with William J. Widder, doing business as Dateline Communications, in an amount not to exceed $80,000 for the provision of publicity services~ and (3) Contract No. 4092 (CCS) with National Policy Analysts, Inc., in an amount not to exceed $80,263 for the provision of evaluation services: further to 8 March 13, 1984 1. increase the appropriate authority in Account No. 01-500-403-000-501 by $347,983. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Affirmative: Councilrnernbers Conn, Epstein, wennings, Press, Zane and Mayor Edwards Absent: Councilrnember Reed ll-E: CLOSED SESSION: Held at end of meeting. 13-A: PRUJECT RETURN CENTER: Presented was the request of John Siegel, Director, community Support Service of The Mental Health Association in Los Angeles County, to address Council regarding the proposed Project Return Center (long term mentally ill self-help club proposed for location at 1328 Second Street). Richard Van Horn, Executive Director, Mental Health Association of Los Angeles County, spoke in support of Project Return Center as proposed and described the permit process which would bring this matter before the Planning Commission. Discussion was held. 14-C: PROPOSITION A LOCAL RETURN FUNDS: The request of Councilmember Reed to consider taking a pOsition in support of keeping Proposition A Local Return Funds for transit only was continued to March 27, 1984, in her absence, on motion of Councilmember Epstein. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed l4-A: LANDMARKS COMM~~SIO~: Presented was the matter of an appointment of a member to fill a vacancy on the Landmarks Commission. Councilrnember Epstein moved to continue the matter to April 10, 1984. Second by Counci1member Conn. The motion was approved by unanimous vote, 6-0, Councilmernber Reed absent. 14-B: RECREATION & PARKS COMMISSIONERS: Presented was the matter of appointment of two members to fill vacancies on the Recreation and Parks Commission. Nominations were declared open by Mayor Edwards. Councilmember Epstein nominated Michelle ~acobson Councilmember Conn nominated Melinda Tooch. Councilmember Jennings nominated Herman Rosenstein. There being no other, nominations were closed. The roll call for the first vacancy was called as follows: 9 March 13, 1984 Melinda ~. Tooch: Councilmembers Conn, Press, Zane and Mayor Edwards Michelle Jacobson: Councilmembers Epstein Herman Rosenstein: Councilmember ~ennings Therefore, Melinda J. Tooch was appointed to the first vacancy on the Recreation and Parks Commission for a term ending June 30, 1987. Nominations were declared open for the second vacancy on the Recreation and Parks Commission. Mayor Pro Tempore Press nominated Herman Rosenstein. Councilmember Epstein nominated Norman Rille. Mayor Edwards nominated Mark Eichelberger. Councilmember Conn nominated Bernard Jones. Councilmember Jennings nominated Michelle 'Jacobson. The roll call for the appointment to fill the second vacancy was called as follows: Bernard Jones: Councilmember Conn and Councilmember Zane Michelle Jacobson: Councilmembers Epstein and Jennings Herman Rosenstein: Mayor Pro Tempore Press Mark Eichelberger: Mayor Edwards Insufficient votes resulted to make the appointment. Nominations were again opened. Councilmember Conn nominated Bernard Jones. Councilmember Jennings nominated Michelle Jacobson. Mayor Pro Tempore Press nominated Herman Rosenstein. Mayor Edwards nominated Mark Eichelberger. The roll call for appointment to fill the second vacancy was called as follows: Bernard Jones: Councilmembers Conn, Epstein, Zane and Mayor Edwards Herman Rosenstein: councilmembers Jennings and Press Therefore, Bernard Jones was appointed on the Recreation and Parks Commission 1984. to fill the second vacancy for a term ending June 30, Following discussion, and there being no objection to Councilmember Jennings' suggestion, the City Clerk was requested to report in 10 March 13, 1984 regard to procedures for updating the Board and Commission application file. 14-C: PROPOSITION A LOCAL RETURN FUNDS: 1984. Continued to March 27, 14-D: CITY MANAGER SALARY: Presented was the request of Mayor Edwards for announcement of Council action on a salary increase for the City Manager. Mayor Edwards introduced discussion. Mayor Edwards moved that the C~ty Manager be fiven a four percent salary increase and a $3,000 merit increase for outstanding performance over the past year; further that his salary position be reviewed at the time of the June budget relative to other cities of similar size. Second by Mayor Pro Tempore Press. Councilmember Epstein moved to divide the motion for voting purposes. Discussion was ~ The first part of the motion approving a four percent increase and a $3,000 merit increase was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Abstain: Councilmember Epstein Absent: Counci1member Reed The second part of the motion approving a salary study at budget review was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 14-E: USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Edwards to discuss waiving the fee for use of Council Chambers on March 30, 1984, by Senator Rosenthal's Select Committee, Motion Picture Council. Mayor Edwards moved to approve the request. Second by Oounci1member Conn. The motion was approved by the followiong vote: ~ouncil Vote: Unanimously approved 6-0 Absent: Counci1member Reed ll-E: CLOSED SESSION: Presented was a request for Closed Session La discuss pending litigation and personnel matters. At 10:01 P.M., there being no objection, Mayor Edwards announced adJournment Lo Closed Session for the stated purposes. At 10:32 P.M., Council reconvened with the following members present: Councilmembers ~onn, Epstein, Zane, Press and Mayor Edwards. 11 March 13, 1984 Councilmember Epstein. moved to Perkins versus the City (WEC Second by Councilmember Conn. following vote: approve settlement in the case of 85152) in the amount of $20,000. The motion was approved by the Council Vote: Affirmative: Councilmembers Conn, Epstein, Press and Zane Abstain: Mayor Edwards Absent: Councilmembers Jennings and Reed Councilmember E~stein moved to approve settlement in the case of Crasper versus the City (WEC 62490) in the amount of $4,500. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Press and Zane Abstain: Mayor Edwards Absent: Councilmembers Jennings and Reed Councilm~mber Epstein moved to approve settlement in the case of Sinclair versus the City (WEe 70839) in the amount of $22,501. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Press, and Zane Abstain: Mayor Edwards Absent: Councilmembers Jennings and Reed ADJOURNMENT: At 10:35 P.M., Councilmember Epstein moved to adJourn the meeting, adjournment to be in memory of Ida Emma Curley, Jerry Lee Tolbert and Robert L. Cholvin. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 5-0 Absent: Councilmembers Jennings and Reed ATTEST: /;~i . ~: Ji ~4 Nf LL"~"1.~ / IL-<Yf'---<<--- ~~ Ann M. Shore City Clerk U:~~ Ken Edwards Mayor 12 March 13, 1984