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M-092783445 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 27, 1983 • A special meeting of the City Council (preceding the regular City Council meeting) was called to order by Mayor Pro Tempore Press on Tuesday, September 27, 1983 at 6:27 P.M. Roll Call: Present: Mayor Ken Edwards Mayor Pro Tempore Dolores M. Press Councilmember James P. Conn Councilmember David G. Epstein Councilmember William H. Jennings (arrived 6:42 P.M.} Councilmember Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Ann M. Shore 11-A: THIRD STREET MALL WORK PROGRAM: Presented was a staff report recommending approval of the Third Street Mall Work Program, a request to appropriate boards and commissions to review and comment within 60 days, direction to staff to prepare appropriate documents to create the Third Street Mall Development Corporation, and authorization to the City Clerk to solicit applications. Discussion was held. The following members of the public spoke in regard to the matter: Ron Newman spoke against permitting auto traffic in the mall area. Dr. Isaac Levy requested more time to review the report. Joseph L. Miko spoke to endorse the program. Ernie Kaplan spoke in support of the plan. Margo Heroald Heymann spoke in support of the plan and requested the mall to remain pedestrian oriented. Councilmember Epstein moved to approve the staff recommendation, thereby approving immediate revitalization efforts for the Third Street Mall, directing staff to implement them according to the Third Street Mall Work Program; requesting that the Planning Commission and all other appropriate boards and commissions review the additional long-term activities and issues and transmit their comments within a 60 day period; directing staff to prepare the appropriate document for establishment of the Third Street Mall Development Corporation; and authorizing the City Clerk to solicit applications for the Corporation's Board of Directors. Second by Mayor Pro Tempore Press. Discussion was held. There being no objection from the second, Councilmember Epstein included in the motion an amendment moved by Mayor Edwards directing staff to move forward with items that do not involve substantial expenditures; no commitment of large sums will occur without evaluation of the financial position and prior Council approval. The motion was approved by the following vote: I. 1 September 27, 1983 i 446 Council Vote: Unanimously approved 7-0 Councilmember Epstein moved to ad]ourn the Special Meeting at 7:29 P.M. Second by Councilmember Conn. The motion was approved by unanimous vote. REGULAR COUNCIL MEETING A regular meeting of the City Council was called to order by Mayor Edwards at 7:31 P.M., Tuesday, September 27, 1983. Councilmember Reed led the assemblage in the pledge of allegiance to the United States of America. Rabbi Michael Oblath of Temple Beth Sholom 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 Christine E. Reed Councilmember Dennis Zane City Manager John H. Alschuler, Jr. City Attorney Robert M. Myers City Clerk Ann M. Shore Councilmember Epstein moved to add Items 14-B, 14-C, 14-D and 14-E to the Agenda. The motion was duly seconded and approved by unanimous vote. 8-A: AGE DISCRIMINATION IN HOUSING: Councilmember Epstein moved to continue to October 25, 1983 the second reading and adoption of an ordinance amending the Municipal Code relating to age discrimination in housing, introduced at the meeting of September 13, 1983. Second by Mayor Edwards. The motion was approved by unanimous vote. Councilmember Conn moved to bring forward Item 14-C to be heard at this time. Second by Councilmember Zane. The motion was approved by a vote of five in favor, Councilmembers Epstein and Reed opposed. 14-C: EL SALVADOR: Presented was the request of Councilmember Conn to allow Dr. parado, Chancellor of University of El Salvador, to address the City Council. Dr. Parado spoke of persecution of the people of E1 Salvador. 4-A: BOARD AND COMMISSION VACANCIES: Announcement was made of vacancies on the Latino Task Force and Arts Commission. 5-A: SIGN ORDINANCE: Presented was the request of Mayor Edwards to discuss the status of the pending sign ordinance (item continued from September 13, 1983 and September 20, 1983). After discussion, and there being no objection, the City Attorney was directed to provide Council with a status report in regard to the matter. 2 September 27, 1983 • • • I~ L 447 5-B: Considered later in the meeting. 6. CONSENT CALENDAR: The Consent Calendar was presented. Councilmember Conn moved to approve the Consent Calendar with the exception of 6-A, 6-H, 6-K, 6-Q, 6-U, and 6-V, reading resolutions by title only and waiving further reading thereof. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 • 6-B: UTILITY TAX REBATE: Withdrawn at request of staff. 6-C: PROCLAMATIONS OF LOCAL EMERGENCY: Resolution No. 6752(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-D: CITY DEFERRED COMPENSATION PLAN: Withdrawn at request of staff. 6-E: ICMA DEFERRED COMPENSATION PLAN: Withdrawn at request of staff. 6-F: EXECUTIVE PAY PLRN: Resolution No. 6753(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING AN EXECUTIVE PAY PLAN," was adopted. 6-G: SIDEWALKS, DRIVEWAYS AND CURBS: Resolution No. 6754(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS. (SR-83-52)," setting a date for public hearing on October 25, 1953 was adopted. 6-I: RECREATION AND PARKS ROBERTI-Z'BERG GRANT: Resolution No. 6756(CCS) entitled: "RESOLUTION OF~THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR DEVELOPMENT OF SANTA MONICA PARKS," was adopted. !6-J: FOOD PRODUCTS AND MISCELLANEOUS SUPPLIES: Resolution No. I6757(C'CS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .SANTA MONICA WAIVING FURTHER FORMAL BID PROCEDURE AND AUTHORIZING (DIRECT NEGOTIATION FOR PURCHASE OF FOOD PRODUCTS AND MISCELLANEOUS SUPPLIES," was adopted. ~6-L: AGREEMENT WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS: 'A recommendation to approve agreement Contract No. 4020(CCS) with the Southern California Association of Governments for transit planning :funds, authorize City Manager to execute SLAG resolution, and approve related adjustments to the 1983-84 Transportation Department Budget (was approved. September 27, 1983 448 6-M: CITY FACILITIES PROJECTS: A recommendation was approved to transfer of $107,522 remaining from Police Department addition contingency funds to newly established City facilities projects including Data Processing Air Conditioning; City Hall office modifications in Finance, General Services, Community and Economic Development, Recreation and Parks; Miles Playhouse, City Hall and other City Buildings' Condition Evaluation; New Citywide Telephone Equipment. 6-N: CAST IRON FITTINGS AND VALVES: Bid No. 1867 was awarded to Taylor Jett, Clow Corporation and Western Water works in total amount of $121,785.52 for cast iron fittings and valves for Water Division was approved. 6-O: TRANSMISSION REBUILDING: Bid No. 1879 was awarded to Graham Brake and Diesel at the unit prices offered for the period of October 1, 1983 through September 30, 1984 for transmission rebuilding for the Transportation Department. 6-P: AZR CONDITIONING MAINTENANCE SERVICES: Bid No. 1898 was awarded to York Div., Borg Warner Corporation, at the unit prices quoted for the period from October 1, 1983 through September 30, 1984 plus two additional one-year options for the Library Department and to Barker Coleman Co. at the prices quoted for the period from October 1, 1983 through September 30, 1984 for the Police Department for air conditioning maintenance services. 6-R: WHEELED LOADER/TRACTOR DEMONSTRATOR: Bid No. 1902 was awarded to Milo Equipment Corporation in the total amount of $17,109.69 including sales tax and trade-in allowance for wheeled loader/tractor demonstrator for the Street Division. 6-S: TREE TRIMMING: Bid No. 1906 was awarded to Golden Bear Arborist, Inc., at-unit prices quoted for the period from October 1, 1983 through September 30, 1984 plus two additional one-year options for tree trimming for Parks Division. 6-T: DETECTOR CHECK VALVES: Bid No. 1917 was awarded to Jerry Hubbard Co., in the amount of $17,417.01 for detector check valves for Water Division. END OF CONSENT CALENDAR 6-A: APPROVAL OF MINUTES: Councilmember Reed introduced discussion and requested corrections on the Council minutes of September 13, 1983: Page 7, Third paragraph, correct "Councilmember Reed's main motion," to read "Councilmember Epstein's main motion"; Page 8, first line, place a semicolon after "California Environmental Quality Act," and change "but" to "and". Councilmember Reed moved to approve the City Council minutes of the meetings of August 23, 1983, and September 13, 1983, as corrected. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 September 27, 1983 • • U 449 ~J 6-H: YOUTH SWIM INSTRUCTION FEES/ATTENDANT AT MEMORIAL PARK: Presented was a staff report transmitting a resolution increasing fees for youth swim instruction to $10.00 for residents and to $15.00 for non-residents and authorizing charge of an hourly rate for the attendant at Memorial Park during weekends and holidays, and a recommendation to approve related appropriation and increased budgeted revenues. Councilmember Reed moved to approve the staff recommendation amended to provide that the fee for residents remain at $5.00, thereby adopting Resolution No. 6755(CCS} entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS POLICY FOR THE USE OF FACILITIES OPERATED BY THE RECREATION AND PARKS DEPARTMENT OF THE CITY OF SANTA MONZCA IN REGARD TO THE REGULATIONS FOR USING THE SAME AND THE CHARGING OF FEES FOR USING THE SAME," reading by title only and waiving further reading thereof, which increases the Youth Swim Instruction from $10 to $15 for non-residents and authorizes the charging of the hourly rate for the attendant at Memorial Park during weekend and holiday use; further that $500 be appropriated to Account 01-400-511-000-150 and budgeted revenues be increased in Account 01-906-100-000-000 by $700 and in Account 01-906-120-000-000 by $500. Second by Councilmember Zane. There being no objection from the second, Councilmember Reed included in the motion the suggestion of Councilmember Epstein that staff be requested to figure out a simple, fair way to provide free or reduced rates for swim lessons for needy children. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-K: COST FOR ELECTION CONSULTANT SERVICES AND SUPPLIES: Presented was a recommendation to approve an additional appropriation in the amount of $36,148 to the City Clerk's budget for election consultant services and supplies provided by Martin & Chapman Co. for the election of April 12, 1983, pursuant to Contract No. 3880(CCS). Councilmember Reed introduced discussion. Councilmember Reed moved to direct the City Clerk to investigate the costs of contracting with the County Registrar for conducting a City election. Second by Mayor Edwards. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 ~J ~ Councilmember Reed moved to approve payment of the invoice of Martin ~ & Cha man Co., election consultants, and a p pprove an appropriation of additional funds in the amount of $36,148 to be placed in the City Clerk's Election Budget Account No. 01-800-212-000-501 (Contractual ~ Services/Bid). Second by Mayor Edwards. Discussion was held. Councilmember Epstein moved a substitute motion to refer the matter to the City Attorney for an opinion as to whether the City is obligated to pay the invoice to Martin & Chapman. Second by Councilmember Jennings. The motion was approved by the following vote: ! Council Vote: Unanimously approved 7-0 September 27, 1983 • SSU 6-O: PURCHASE OF PEST CONTROL SERVICES: Presented was a staff report recommending award of Bid No. 1901 to Dewey Pest Control for peat control services for various City buildings, and Ace Pest Control for City buses at unit prices quoted for period from October 1, 1983 through September 30, 1984 plus two additional one year options. Councilmember Zane introduced discussion in regard to pest control practices and avoidance of use of toxic substances. Discussion was held. Councilmember Zane moved to approve the staff recommendation. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 6-U: RETIREMENT AGREEMENT/DIRECTOR OF PLANNING: Presented was a staff report recommending approval of a Retirement Agreement with Director of Planning James Lunsford. Councilmember Reed introduced discussion. Mayor Edwards moved to approve Retirement Contract No. 4021(CC5) with Director of Planning James Lunsford. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Jennings, Press, Zane and Mayor Edwards Negative: Councilmember Reed 6-U: BUS BENCHES: Presented was a staff report recommending adoption of policies relating to aesthetics and design of bus benches in certain locations. Councilmember Epstein introduced discussion in regard to the restriction of advertising on bus benches. Councilmember Zane moved to approve the staff recommendation, thereby adopting the following policies regarding bus benches: (1) commercial advertising on bus benches not be allowed since it is felt that this is contrary to the desire for better aesthetics for the City; (2) in areas where special aesthetics are desired and funds are available, such as Wilshire Boulevard, special bus benches be designed and transit funds be made available at an amount equal to the cost of providing standard benches; additional funds are to be provided from Gas Tax Funds, the proposed "Percent for Art° or other Non-General Fund sources to fund the difference in cost; (3) subject to final approval by the City Council, the details of the special bus benches be determined in concert with the Art in Public Places committee of the Arts Commission, the Transportation Department and the Department of General Services. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed Councilmember Reed requested the record to reflect that she believed the content of the agreement being discussed was precedent setting and not in the best interests of the City. September 27, 1983 • • • • 451 7-A: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PERFORMANCE ASSESSMENT: Presented was a staff report notifying Council of the requirement for a Public Hearing on Community Development Block Grant Performance Assessment. The Public Hearing was declared open at 8:25 P.M. Alvin Knowles spoke in support of funding for programs for the Pico Neighborhood Association, especially youth programs. There being no one else wishing to speak to the matter and public comment having been heard Councilmember Epstein moved to close the Public Hearing at 8:29 P.M. Second by Mayor Edwards. The motion was approved by unanimous vote. 7-B: SANTA MONICA STATE BEACH RESOURCE MANAGEMENT AND DEVELOPMENT PLAN: Presented was a staff report recommending that Council hold a Public Hearing and consider approval of an amendment to the Santa Monica State Beach Resource Management and Development Plan and approval of a Negative Environmental Declaration. The Public Hearing was declared open at $:34 P.M. There being no one wishing to speak ;to the matter. Councilmember Epstein moved to close the Public Hearing at 8:35 P.M. The motion was duly seconded and approved by ;unanimous vote. Discussion was held. Mayor Edwards moved to approve the Negative Environmental Declaration, approve an amendment to Santa 'Monica State Beach Resource Management and Development Plan as -transmitted with the staff report dated September 27, 1983, and instruct staff to forward the amendment to the State Park and 'Recreation Department. Second by Councilmember Conn. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Zane and Mayor Edwards Negative: Councilmembers Epstein and Reed l J 8-A; AGE DISCRIMINATION IN HOUSING: Continued to October 25, 1983. 8-B: BUSINESS LICENSE TAX: Presented was a staff report transmitting an ordinance for introduction and first reading regarding various changes in the business license tax structure. Discussion was held. The public hearing was declared open at 8:48 P.M. The following members of the public spoke to request that additional time be given for review of the proposed ordinance and that consideration be given to a reduction in the proposed tax and/or a more equitable apportionment: Eugene De Patie, Dr. Isaac Levy, Joseph L. Miko, Tricia James, Pam Finke, Jay Katz, Owen Meyer, Thomas Huber, Laurie B. Heyman, Gilbert H. Jamison, Wayne Hall, Jay Gross, Tom Nitti, Archie Arozooyan, Robert R. Heild, David Klass, Bernard Grossman, Morton Algaze, Helen Hewitt, Monty McCormick, John Jurenka, Vince Muselli, David Wallace, Frank Knowlton, Jerry Feldman, Charles R. Brockmeier, Richard Norseth and Charles Keenan. At 10:54 P.M. Councilmember Conn moved to extend the meeting past 11:00 P.M. and to continue discussion until 12 midnight. Second by Mayor Edwards. The motion was approved by unanimous vote. There being no other members of the public wishing to speak to the matter, Councilmember Zane moved to close the public hearing at 10:55 P.M., Second by Mayor Edwards. The motion was approved by unanimous vote. Discussion was September 27, 1983 452 n U held. Mayor Edwards moved to continue the matter to October 25, 1983, for the purpose of having staff evaluate various allegations of inequities, particularly in the area of service related businesses, and make recommendations for changes they feel are required, and if not, state reasons why. Second by Councilmember Conn. After further discussion, the motion was approved by the following vote: Council Vote: Unanimously approved 7-0 Councilmember Epstein moved to extend the meeting past 12 midnight. The motion was duly seconded and approved by a vote of five in favor, two opposed. 8-C: CABLE TELEVISION UTILITY USERS TAX: Presented was an ordinance for introduction and first reading regarding cable television utility users tax. The public hearing was declared open at 11:50 P.M., Donald Lewin spoke to request postponement of action to allow review of federal pre-emption regulations. Discussion was held. There being no one else wishing to speak to the matter, Councilmember Epstein moved to close the public hearing at 11:54 P.M. Second by Councilmember Conn. The motion was approved by unanimous vote. Discussion was held. Councilmember Epstein moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6623A TO THE SANTA MONICA MUNICIPAL CODE RELATING TO CABLE TELEVISION UTILITY USERS TAX," 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 10-A: FAIR ELECTION PRACTICES COMMISSION: Presented was a recommendation from the Fair Election Practices Commission regarding changes in the City Elections Code and a Charter Amendment on the next City ballot to allow electors from Malibu to be nominated to serve the Commission. The City Attorney reported that the matter of permitting Malibu electors to be nominated to serve on the Commission may be included in the Code by ordinance. Discussion was held. Councilmember Conn moved to refer the matter to the City Attorney and City Clerk for input and analysis of the implications of the Elections Code revisions and that it be re-agendized. Second by Mayor Edwards. After discussion, the motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Jennings, Press, Reed, Zane and Mayor Edwards Negative: Councilmember Epstein Councilmember Zane moved that, rather than Commission investigation of the past election, the Fair Election Practices Commission be encouraged to take the general lessons from the last election to consider ways in which the City could improve its election process and facilitate an effective expression of the public's will at September 27, 1983 • • • 453 election time. Second by Mayor Pro Tempore Press. Lacy Goode, Chairperson, Fair Election Practices Commission, reported that the Commission has asked the City Clerk to look into the cost of the County handling the election. Discussion was held. The motion was approved by the following vote: Council Vote: Affirmative: Councilmembers Conn, Epstein, Press, Zane and Mayor Edwards Abstain: Councilmembers Jennings and Reed 11-A: THIRD STREET MALL WORK PROGRAM: Considered at 6:00 P.M. 11-B: BOARD/COMMISSION APPLICATION FORM REVISION: Continued to October 25, 1983. 11-C: CLOSED SESSION: Considered later in the meeting. 13-A: LETTER FROM LEROY JAMISON: Presented was the request of Leroy Jamison to address Council regarding sidewalk repair in front of his residence, refuse pickup, traffic violations and water rates. Mr. Jamison spoke to request service and assistance in regard to his matters of concern. It was noted that staff has responded to Mr. Jamison's concerns by letter which he would receive shortly. '14-A: FIREWORKS POLICY: Continued to October 11, 1983. 14-B: MARINE PARK MEETING ROOM: Presented was the request of Mayor Edwards to discuss the request o£ Sister Cities organization to waive the $14 fee for use of a meeting room and kitchen at Marine Park on October 9, 1983. Mayor Edwards presented the request. Discussion was held in regard to the current policy. No motion was made in regard to the matter. 14-C: Considered earlier in the meeting. 114-D: USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Edwards to discuss waiving of the fee for use of the Council Chambers ion October 24 and 2S, 1983, by the Senate Committee on Energy and Public Utilities. Councilmember Conn moved to approve the request for the use and waiving of the fee, amended to direct staff to request the committee to adjourn at 4:00 P.M. on October 25, 1983, due to the Council meeting that evening. Second by Councilmember :Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 7-0 14-E: DEVELOPMENT REVIEW PROCESS: Continued to October 11, 1983. 5-B: RELOCATION ASSISTANCE TO EVICTED TENANTS: Presented was the request of Councilmembers Jennings, Epstein and Zane to consider ;adoption of a City ordinance providing relocation assistance to •tenants evicted through no fault of their own (continued from 'September 13, 1983 and September 20, 1983). Councilmember Jennings 9 September 27, 1983 454 ~, moved to direct the City Attorney to report to the City Council as to whether Santa Monica should have an ordinance similar to that of the Los Angeles Relocation Assistance Ordinance. Second by Councilmember Zane. Discussion was held. The motion was approved by a following vote: Council Vote: Unanimously approved 7-0 11-E: CLOSED SESSION: Presented was a request for Closed Session to discuss pending litigation and personnel matters. At 12:30 A.M., Councilmember Conn moved to adjourn to Closed Session for the purposes stated. Second by Councilmember Epstein. The motion was approved by unanimous vote. Council reconvened at 12:55 A.M. with the following members present: Mayor Edwards, Mayor Pro Tempore Press, and Councilmembers Conn, Epstein, Jennings and Reed. Councilmember Conn moved to approve settlement of the case of WEC 066309, Collins versus the City, in the amount of $4,000. Second by Councilmember Epstein. The motion was approved by the following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane ADJOURNMENT: At 1:00 A.M., Councilmember Epstein moved to adjourn the meeting, agenda items continued to future meetings as specified, adjournment to be in memory of Louie Carranza, father of Alicia Romo, i Staff Assistant in the Water Division. Second by Councilmember Conn. The motion was approved by the Following vote: Council Vote: Unanimously approved 6-0 Absent: Councilmember Zane A~T,TEST: l.(%/~vit ~Zyt~f Ann M. Shore City Clerk APP ED: en Edwa ~'~ Mayor 10 September 27, 1983