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M-082383409 • CITX OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 23 1983 A meeting of the Santa Monica City Council was called to order on Tuesday, August 23, 1983, at 7=32 P.M. by Mayor Edwards. Councilmember Zane led the assemblage in the pledge of allegiance to the United States of America. Mayor Edwards introduced Reverend Robert S. Richards, Lutheran Church of the Masters, who offered the invocation. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn Councilmember David G. Epstein Councilmember William H. Jennings Councilmember Dennis Zane City Manager John Alschuler, Jr. City Attorney Robert M. Myers City Clerk Ann M. Shore Absent: Councilmember Christine E. Reed • Councilmember Conn moved to add Items 9-A, 14-C, 14-D and 14-E to the agenda. The motion was duly seconded and approved by unanimous vote. 4-A: PLANNING COMMISSIONER HERBERT KATZ: Mayor Edwards presented a plaque of recognition to outgoing Planning Commissioner Herbert Katz and commended him for service to the City. 4-B: OUTSTANDING EMPLOYEE PATRICIA OBENCHAIN: Mayor Edwards presented a Mayor's Commendation to Patricia Obenchain as an outstanding civilian employee in the Police Department. 4-C: SERVICE PIN AWARDED TO CAROL ARONOFF: Mayor Edwards presented a service pin to Carol Aronoff, City Librarian, upon fifteen years of service. CONSENT CALENDAR: Councilmember Zane moved to approve the Consent Calendar with the exception of Items 6-D, 6-F, and 6-L which were removed from the Consent Calendar for discussion and Item 6-I which was withdrawn at the request of staff. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 6-A: APPROVAL OF MINUTES: The minutes of July 12, 1983 were approved. 1 August 23, 1983 • 410 6-B: PROCLAMATION OF LOCAL EMERGENCY: Resolution No• 6739(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: BICYCLE/PEDESTRIAN FACILITY FUNDS: Resolution No. 6740(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821," was adopted. 6-E: OCEAN PARK LIBRARY: A recommendation to increase appropriations in the Library Budget by $3,000, the amount donated to Ocean Park Branch Library by Paramount Pictures Corporation for purchase of equipment and materials, was approved. 6-G: ENGINE HEAD REBUILDING: Bid No. 1886 was awarded to Pedco at unit prices quoted for diesel engine head rebuilding for Transportation Department. 6-H: ELECTRICAL SUPPLIES: Bid No. 1895 was awarded to Crown Wholesale Electric for miscellaneous electrical supplies. 6-Jc BRAKE REPAIR: Bid No. 1894 was awarded to Delmer's Precision Brake Shop at unit prices quoted for brake repair service. 6-K: BUS GLASS REPLACEMENT: Bid No. 1875 was awarded to Walley Glass Company at unit prices quoted for bus glass replacement. END OF CONSENT CALENDAR. 6-D: FAIR HOUSING LEGISLATION: Councilmember Epstein introduced discussion in regard to a staff report recommending adoption of a resolution supporting Federal Fair Housing Legislation and explained that while he strongly supports other aspects of the Resolution he intends to vote against the adoption because he is not persuaded of the need to establish another federal agency. Councilmember Zane moved to adopt Resolution No. 6741(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING FEDERAL FAIR HOUSING LEGISLATION," reading by title only and waiving further reading thereof. Second by Councilmember Press. The motion was approved by the following vote: • • Council Vote: Affirmative: Councilmembers Conn, Jennings, ~ • Press, Zane and Mayor Edwards Negative: Councilmember Epstein Absent: Councilmember Reed 6-F: BEACH PARKING PERMIT/SENIOR CITIZENS: Councilmember Zane introduced discussion in regard to the staff report which recommended that a reduced beach parking permit be offered to senior citizens at a one-time cost of $2.00. Discussion was held. Councilmember Zane moved to approve the staff recommendation. Second by Councilmember Conn. The motion was approved by the following vote: August 23, 1983 • 411 • Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 6-L: OCEAN PARK LIBRARY RENOVATION: Councilmember Epstein introduced discussion in regard to the staff report which recommended that the City Manager be authorized to enter into an agreement with Taylor Architects in the amount of $73,070 to provide final design and architectural services iror reno~~ation of Ocean Park Library. After discussion, Councilmember Conn moved to approve the staff recommendation thereby approving Contract No. 3998(CCS) with Taylor Architects. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 8-A: TAX RATE FOR 1983-84 FISCAL YEAR: Presented was a staff report recommending introduction and adoption of an ordinance setting the tax rate for Fiscal Year 1983-84 for the Downtown Parking and Business Improvement District. The Public Hearing was declared open at 7:56 P.M. No one wishing to speak to the matter, Councilmember Epstein moved to close the Public Hearing at 7:56 P.M. Second by Mayor Edwards. The motion was approved by unanimous vote. Councilmember Epstein moved to introduce and adopt Ordinance No. 1285(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FIXING THE TAX RATE AND LEVYING TAX FOR FISCAL YEAR BEGINNING JULY 1, 1983 FOR THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT," reading by title only and waiving further reading thereof. Second by Mayor Edwards. After discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed LJ 8-B: COMPETITIVE BIDDING FOR CITY PURCHASES: Presented was a staff report recommending adoption of an ordinance for second reading amending the Municipal Code relating to competitive bidding for City purchases, having been introduced for first reading at the meeting of August 9, 1983. Councilmember Zane moved to adopt Ordinance No. 1284(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 2506A, 2507, 2508 AND 2509 RELATING TO COMPETITIVE BIDDING," 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, Zane and Mayor Edwards Negative: Councilmember Epstein Absent: Councilmember Reed 3 August 23, 1983 • 412 9-A: Considered later in the meeting. 11-A: VENDORS OF FOOD AND PRODUCT: Presented was a staff report recommending (1) the City Attorney be directed to review sections of the Municipal Code applicable to vendors, pushcart vendors, hawkers and peddlers and determine whether any changes, clarifications and consolidations may be appropriate; (2) staff be directed, after consultation with the City Attorney and Chief of Police, to implement a vendor program at Santa Monica Pier as described in the staff report for one year; (3) within sixty days after conclusion of that one year Pier vendor program, staff present to Council an evaluation of the program together with any recommendations for vendor programs at additional City locations including the Third Street Mall, Ocean Front Promenade and Palisades Park; (4) the Pier budget appropriation for Salaries and Wages be increased by $4,260.00 and for Supplies and Expenses by $1,400.00; and (5) the Pier revenue estimate be increased by $133,200.00. The matter was opened to the public. Richard Tyner spoke in opposition to permitting vendors who compete with established businesses. Murray Gould spoke in support of permitting vendor carts. Councilmember Zane moved to approve the staff recommendation proceeding with a Pier vendor program as a one year experiment and directing that, before selecting Pier vendors, staff prepare in writing, for individual Councilmember review, the selection criteria procedures by which vendors are to be selecteds for the thirty-some booths on the Pier. Second by Councilmember Epstein. After discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 11-B: MONTANA AVENUE LEFT TURN LANES: Presented was a staff report recommending that staff be directed to install a two-way left turn lane on Montana Avenue between Twenty-sixth Street and Harvard Street on westbound left-turn lanes at Harvard Street and Yale Street. Discussion was held. Councilmember Zane moved to approve the staff recommendation. Second by Mayor Edwards. Following discussion, the motion failed by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, and Zane Negative: Councilmembers Epstein, Jennings, and Mayor Edwarfds Absent: Councilmember Reed 11-C: TASK FORCE ON LATINO AFFAIRS: Presented was a staff report recommending establishment of a Task Force on Latino Affairs. Councilmember Epstein moved approval of the staff recommendation amended as follows: (1} City Council establish a Task Force on Latino Affairs which would be composed of no more than fifteen August 23, 1983 • • • 413 • persons with knowledge of and/or commitment to the Santa Monica Latino community to serve for a period to end in December 1984, (2) Task Force members be appointed by the City Council after an application process, which includes advertising in the Spanish language media, and be charged with developing recommendations to improve service delivery to the Latino community and increase Latino participation in City government, and (3) the Task Force be expected to make available preliminary recommendations to the Council in May, 1984, related to City budget and grant priorities and final report in December, 1984, related to overall City operations and goals. Second by Mayor Edwards. Discusion was held. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 11-D: PIER RESTORATION AND DEVELOPMENT: Presented was staff report summarizing the Pier Charette Design Competition and recommending the City Manager be authorized to enter into contract far professional design services with Architects Moore, Ruble, Yudell/Campbell and Campbell in amount not to exceed $60,000 for Phase I Pier restoration and development. Discussion was held. Member of the public Philip Anay spoke to request that consideration be given first to the matter of overhauling the breakwater. Further discussion was held. Councilmember Zane moved to approve the staff recommendation thereby authorizing the City Manager to enter into Contract No. 3999(CCS) for professional design services with the architectural firm of Moore, Ruble, Yudell/Campbell & Campbell in an amount not to exceed $60,000 for Phase I Pier restoration and development. Second by Councilmember Epstein. After discussion, the motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Reed 11-E: Considered later in the meeting. 12-A: INTERIM DEVELOPMENT PERMIT 1641 CENTINELA AVENUE: Presented was a staff report transmitting an appeal from the Planning Commission's approval of an Interim Development Permit for change of use from single family dwelling to Child Care Center at 1641 Centinela Avenue (R2 District). Appellant Mary Cooley spoke in protest of the location of a child care center at this location because of fast traffic, additional noise and the parking problem and submitted a petition containing 42 signatures in opposition. Applicant Dorothy Burnett spoke in support of approval of the permit for preschool and kindergarten school use. Discussion was held. Mayor Edwards moved to deny the appeal and affirm the determination of the Planning Commission to grant an Interim Development Permit for a Child Care Center use at 1641 Centinela Avenue. Second by Councilmember Conn. Following discussion, the motion was approved by the following vote: August 23, 1983 • 414 • Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed A recess was held at 9:32 P.M. At 9:42 P.M., the Council reconvened with all members present as at the roll call. 12-B: APPEAL OF PACLE REGARDING EMPLOYEE BARGAINING UNIT: Presented was a staff report transmitting an appeal from the decision of the Municipal Employee Relations Officer determining that the bargaining unit requested by PACLE (Professional Association of Civilians in Law Enforcement) is not an appropriate unit under ordinance No. 801(CCS). The following persons spoke in support of the appeal: Samuel Wells, counsel for appellant PACLE; James Kucharek, PACLE Chairperson: Mike Navarro, PACLE Vice Chairperson; Doug Debber, PACLE Board Member; Mary Griffith; Wayne Hall; and Walter Skinner. Dan Cohen spoke of the benefits of united labor organization. Discussion was held. Councilmember Epstein moved to deny the appeal and uphold the decision of the Municipal Employee Relations Officer. The motion failed for lack of a second. A motion was made, seconded, and carried unanimously to continue discussions after 11:00 P.M. Discussion was held. Councilmember Epstein moved to uphold the determination of the Municipal Employee Relations Officer. The motion failed for lack of a second. Following discussion, Councilmember Conn moved to deny the appeal and uphold the decision of the Municipal Employee Relations Officer. Second by Councilmember Epstein. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, and Mayor Edwards Negative: Councilmembers Jennings, Press and Zane Absent: Councilmember Reed Councilmember Epstein moved to table the matter for discussion until later in the meeting. The motion failed for lack of second. Further discussion was held. At 11:40 P.M., Councilmember Epstein moved to hold a five minute recess. Second by Councilmember Conn. The motion was approved by unanimous vote. At 11:51 P.M., Council reconvened with all members present as at the roll call. Further discussion was held. Councilmember Jennings moved to uphold the appeal of PACLE and permit them to form their proposed employee bargaining unit. Second by Councilmemeer Press. The motion failed by the following vote: Council Vote: Affirmative: Councilmembers Jennings, Press and Zane Negative: Councilmembers Epstein and Mayor Edwards 6 August 23, 1983 • \J • 41s Abstain: Councilmember Conn Absent: Councilmember Reed • {This matter was considered again after Item 14-E.) 12-C: APPEAL/INTERIM DEVELOPMENT PERMIT, MI-T-MART, 3102 MAIN STREET: Continued to September 13, 1983. 13-A: USE OF CITY PARK MEETING ROOMS: Presented was the request of Marc I. Hayutin on behalf of Alanon/Alateen to permit use of park meeting rooms at reduced Yates. Speaking on behalf of Alanon/Alateen, a program formed to help persons cope with alcoholism, Marc Hayutin requested use of park meeting rooms at reduced rates. Following Discussion Councilmember Epstein moved to receive and file the communication in view of current policy and precedent. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed • 14-A: COMMISSION ON THE STATUS OP WOMEN: Presented was the matter of considering applicants to fill a vacancy on the Commission on the Status of Women. Councilmember Zane moved to accept late nominations. Second by Councilmember Press. The motion was approved by unanimous vote. Councilmember Epstein nominated Jacqueline Lehatto• Mayor Edwards nominated T. Santora. Councilmember Press nominated Patricia Hoffman. The vote on the nominations was as follows: Patricia Hoffman: Councilmembers Conn, Epstein, Press and Zane T. Santora: Councilmembers Jennings and Mayor Edwards Therefore, Patricia Hoffman was appointed to the Commission on the Status of Women for a term expiring June 30, 1985. 14-B: OCEAN PARK COMMUNITY ORGANIZATION: Presented was the request of Mayor Edwards to discuss approval of an amendment to the contract with Ocean Park Community Organization (OPCO) and allocation of grant funds. Mayor Edwards referred to Council consideration of this matter on July 12, 1983 and requested that reconsideration be given in view of the City Attorney's opinion that Councilmember Conn's association with the Church in Ocean Park does not constitute a conflict of interest. Councilmember Zane moved to hear members of the public for three minutes each. Second by Councilmember Epstein. The motion was approved by a unanimous vote. John Jurenka and Tom Nitti spoke in protest of the opinion regarding no conflict of interest. Wayne Hall spoke in favor of resolving the matter. Councilmember Zane moved to reconsider the Council's previous action on allocating funds to OPCO. Second by Councilmember Press. The motion was approved by the the following vote: 7 August 23, 1983 • alb Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmember Epstein Absent: Councilmember Reed Mayor Edwards moved that the workplan and budget for OPCO as submitted this evening be approved. Second by Councilmember Zane. Member of the public Philip Anaya spoke in support of OPCO funding. Mayor Edward's motion to approve OPCO's workplan and budget was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmember Epstein Abstain: Councilmember Jennings Absent: Councilmember Reed Mayor Edwards moved that the City Manager be authorized to amend OPCO Contract No. 3973(CCS) to incorporate a full year of activities. Second by Councilmember Zane. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmember Epstein i Abstain: Councilmember Jennings Absent: Councilmember Reed Mayor Edwards moved approval of an additional $92,598 to be allocated from previously appropriated General Revenue Sharing funds for a total grant amount of $117,598 for the Fiscal Year 1983-84. Second by Councilmember Press. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Press, Zane and Mayor Edwards Negative: Councilmember Epstein Abstain: Councilmember Jennings Absent: Councilmember Reed 8 August 23, 1983 • • • 417 14-C: LIQUOR LICENSES: Presented was the request of Councilmember Epstein to discuss Main Street liquor licenses. Councilmember Epstein requested reconsideration of a previous Council motion to routinely oppose applications for transfer or acquisition of liquor licenses on Main Street, which resulted in a delay in the processing of the application by the Alcoholic Beverage Commission and subsequent routine denial by the Alcoholic Beverage Commission; further that Council consider the application of Willie Tiffany for an Alcoholic Beverage Commission license at the Mainsail Restaurant which had previously operated with a license. Wayne Ha11 spoke in favor of approval of the transfer of the license to the new owner. Willia Tiffany, new owner of the Mainsail restaurant, spoke to request that the protest to the license be withdrawn. Jean Marie Webster spoke in support of removing the standard objection to liquor licenses on Main Street. Discussion was held. Councilmember Epstein moved to withdraw any opposition that may have been filed in regard to the application for transfer of liquor license at the Mainsail Restaurant and to request a staff report and recommendation on an appropriate policy toward liquor licenses on Main Street on a future date. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 14-D: CITY BOARDS AND COMMISSIONS: Presented was the request of Mayor Pro Tempore Press to discuss public review of applications for City Commissions. Councilmember Press presented her request to consider amending Council Resolution No. 4883(CCS) so as to permit the public to review applications for membership on City Boards and Commissions. Discussion was held. Councilmember Press moved to direct the City Attorney to prepare for Council consideration an amendment to Resolution No. 4883(CCS) which will make applications to City Boards and Commission open to the public provided that advertising and the application itself so indicates. Second by Councilmember Zane. With the consent of the second, Mayor Pro Tempore Press included in the motion Mayor Edward's request that addresses and telephone numbers of applicants not be made public information. After further discussion and with the consent of the second, Mayor Pro Tempore Press included in the motion the request of Mayor Edwards that the application be redesigned to permit public review of the applicant's expertise and statement of purpose while retaining confidentiality of other personal information. Following discussion, Mayor Pro Tempore Press amended and added to the motion as it was rephrased by Councilmember Epstein: it is the intention of the Council at a future time to change its policy regarding the confidentiality of applications, therefore the City Clerk is requested to propose a new form and the City Attorney requested to draft appropriate language amending the resolution to be brought back simultaneously to the Council at some future time. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 August 23, 1983 418 Absent: Councilmember Reed 14-E: LEAGUE OF CALIFORNIA CITIES POSITION ON STATE FUNDING: Presented was the request of Councilmember Epstein to discuss endorsement of the League of California Cities' position on State funding. Councilmember Epstein spoke of the forthcoming League lobbying effort to urge that the State make a commitment to local government so that cities can make plans; local governments should either have State aid or taxing authority sufficient to meet the responsibilities that are thrust upon them. Councilmember Epstein moved to endorse the League of California Cities' position on State funding. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 12-B: APPEAL OF PACLE REGARDING EMPLOYEE BARGAINING UNIT: The matter of the PACLE appeal was considered at this time, having been discussed earlier in the meeting. Councilmember Zane moved to deny the appeal of PACLE (Professional Associations of Civilians in Law Enforcement) and affirm the determination of the Municipal Employee Relations Officer that PACLE is not an appropriate employee bargaining unit under Ordinance No. 801(CCS). Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Zane and Mayor Edwards Negative: Councilmembers Jennings and Press Absent: Councilmember Reed 11-E: CLOSED SESSION: Presented was a request for Closed Session to discuss pending litigation and personnel matters. At 12:49 A.M., there being no objection, Council adjourned to Closed Session for the purposes stated. At 1:40 A.M. Council reconvened with members present as at the roll call. Councilmember Epstein moved to approve payment of Case No. WEC 067678, Garon vs. the City, in the amount of $3,000. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Councilmember Epstein moved to approve payment of Case No. WEC 71084, Moody vs. the City, in the amount of $20,792. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 ~ 10 August 23, 1983 • 419 • Absent: Councilmember Reed Councilmember Conn moved to approve payment of Claim No. ASM 83-81, Lindauer vs. the City, in the amount of $3,246.91. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed • • Councilmember Conn moved to approve payment of Case No. WEC 079556, Callender vs. the City, in the amount of $8,600. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed Councilmember Epstein moved to approve payment of Case No. C65794, Kropp vs. the City, in the amount of $3,270. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed 9-A: EXECUTIVE PAY PLAN: Presented was a staff report transmitting a resolution establishing an Executive Pay Plan for certain employees. Councilmember Epstein moved to adopt Resolution No. 6742(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING AN EXEDUTIVE PAY PLAN," 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 Absent: Councilmember Reed ADJOURNMENT: Councilmember Epstein moved to adjourn in memory of Jean J. Bailey, Louise Maynard, Edward F. Fitzgerald, Hattie "Sandy" Brassell, Ralph Outright and Rose Summer, and, on behalf of Councilmember Zane, in honor of Dorothy and David Merken on their 56th anniversary today and who attended the Council meeting this evening. Second by Councilmember Conn. The motion was approved by the following vote: 11 August 23, 1983 • 420 • Council Vote: Unanimously approved 6-0 Absent: Councilmember Reed ATTEST: Ann M. Shore City Clerk r'~- -- l Ken Edwar s Mayor • • 12 August 23, 1983 U