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M-11/9/1993 I I I 237 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 9,1993 A regular meeting of the Santa Mornca CIty CouncIl was called to order by Mayor Abdo at 6 45 P.M on Tuesday, November 9, 1993, In the Council Chambers. Roll Call. Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez Councilmember Ken Genser Councilmember Asha Greenberg (arrived at 6 47 PM.) Councllmember Robert T. Holbrook Councllmember Kelly Olsen Councilmember Paul Rosenstem Also Present: City Manager John JalilI Actmg City Attorney Joe Lawrence City Clerk ClarIce E Dykhouse CouncIlmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the Urnted States of America. 4-A' SHARE THE HOLIDAYS Mayor Abdo presented a proclamation declanng December 11, 1993, as "Share the HolIdays" day 1ll the CIty of Santa Mornca 6. CONSENT CALENDAR Presented was the Consent Calendar, whereby all Items are consIdered and approved In one motIon unless removed from the calendar for dIscussion Member of the publIc Joy Fullmer addressed the Consent Calendar Mayor Pro Tempore Vazquez moved to approve the Consent Calendar, readmg resolutions and ordmances by title only and waiving further readmg thereof Second by Councilmember Holbrook The motion was approved by the follOWIng vote' CouncIl vote Unammouslyapproved: Councilmembers Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez, Mayor Abdo. 6-A MINUTES APPROVAL The mInutes of the CIty CouncIl meeting of October 26, 1993, were approved as subrmtted November 9, 1993 1 238 6-B FINAL TRACT MAP NO. 51368/CONDOMINIUMS/1302 STANFORD STREET Resolution No 8678(CCS) entItled "A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 51368 FOR A PROJECT AT 1302 STANFORD STREET," was adopted thereby approving a 6-umt condominium project at 1302 Stanford I 6-C: REDUCTION OF NUMBER OF SEATS/SANTA MONICA ARTS COMMISSION The recommendation to dIrect the City Attorney to prepare an ordinance amendmg Santa Moruca MunicIpal Code Section 264.020 reducmg the number of seats on the Santa MOnIca Arts Commission was approved 6-D CHILD CARE CENTERS' Ordmance NO.1711 (CCS) entitled "AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 904 14030, RELATING TO CHILD CARE CENTERS IN RESIDENTIAL DISTRICTS," was adopted on second readmg 6-E. REMEDIATION ACTIVITIES/RELEASE FROM UNDERGROUND STORAGE TANKS AT THE AIRPORT ADMINISTRATION BUILDING' The recommendation to authorize the City Manager to negotiate and execute a contract WIth Converse Environmental West In the amount of $115,230 to conduct remediatIon actIVIties related to the release from underground storage tanks at the Airport Admrmstration BuildIng was approved 6-F WASTEWATER ENTERPRISE REVENUE BONDS/HYPERION PROJECT ResolutIOn I No 8679(CCS) entItled. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $39,750,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF SANTA MONICA WASTEWATER ENTERPRISE REVENUE BONDS (HYPERION PROJECT), 1993 REFUNDING SERIES, APPROVING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE AND A BOND PURCHASE AGREEMENT AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO," was adopted. END OF CONSENT CALENDAR 8-A: PROHIBITION OF SMOKING. Presented was an ordmance for adoptIOn and second reading amendmg SectIons 444.030 of the Santa Monica Mumclpal Code to prohibit all smokIng m Indoor restaurants, amending SectIon 444 040 to prohibIt all smokmg in cafetenas, In places of employment and lounge areas m buildings open to the general public and amendmg Section 444060 to prohibIt smokmg ill bars whIch are contIguous WIth restaurant dimng areas when meals are bemg served Councllmember Holbrook moved to adopt Ordinance No. 1709(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4.44 030 OF THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT ALL SMOKING IN INDOOR RESTAURANTS; AMENDING SECTION 444.040 OF THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT ALL SMOKING IN November 9, 1993 I 2 I I I 239 CAFETERIAS, IN PLACES OF EMPLOYMENT AND LOUNGE AREAS IN BUILDINGS OPEN TO THE GENERAL PUBLIC AND AMENDING SECTION 4 44.060 TO PROHIBIT SMOKING IN BARS WHICH ARE CONTIGUOUS WITH RESTAURANT DINING AREAS WHEN MEALS ARE BEING SERVED," readmg by title only and waIving further readIng thereof Second by CouncIlmember Rosenstem. CouncIlmember Olsen moved a substitute motIon to adopt the ordinance WIth the change that there be no smoking In restaurants, restaurants WIth bars, or bars, and exemptIng outdoor areas Second by CouncIlmember Genser DISCUSSIOn was held The substitute motIOn faIled by the following vote. CounCIl vote' AffirmatIve: CouncIlmembers Olsen, Genser NegatIve' CounciImembers Vazquez, Rosenstein, Holbrook, Greenberg, Mayor Abdo Discussion was held CouncIlmember Olsen moved to amend the motion that the ordInance be conSIdered an emergency ordinance WIth the effective date of December 1, 1993 Second by CouncIlmember Genser DIscussIOn was held CouncIlmember Olsen WIthdrew rus motion The mam motIon was approved by the followmg vote: CouncIl vote. AffIrmatIve Councilmembers Vazquez, Rosenstein, Holbrook, Greenberg, Mayor Abdo NegatIve Councilmembers Olsen, Genser CouncIlmember Genser requested that the record reflect that he voted II no" on tlns motion because It does not go far enough in that the City is not meeting Its obl1gation to protect the publIc health of the people of the City and there IS no eVIdence before CouncIl that having uruversal non-smoking estabhshments IS adverse economIcally and there IS sigmficant eVIdence that any amount of second-hand smoke is dangerous to the health of the people and, fmally. studIes have shown that most people In thIS cornmumty will accept non-smokmg establIshments CouncIlmember Olsen requested that the record reflect that he voted "no" on thIS motIon because It Ignores the compellmg eVIdence supplied by the AmerIcan Cancer SOCIety that says that there IS no safe level for second-hand smoke, secondly, the ordmance says that alcohol service lIves are not as Iffiportant as profIts, and perhaps campaign contrIbutIOns, and, thirdly, the maker of the motion was not even clear as to what this motIOn really is and how It wIll really be carned out m bars and restaurants. CouncIlmember Olsen also requested to mclude hIs statement that no counclImember has saId why CouncllIs protectmg some workers and some people In Santa Momca and not protectmg people that could be m the same establIshment or another establIshment snnply because they are servmg a different type of beverage CouncIlmember Rosenstein moved to request staff to return WIth a proposal for a commumty- wide educatIon program and dISCUSSIOns regardmg lobbymg efforts on behalf of no smokmg In November 9, 1993 3 240 the workplace proposals Second by Mayor Pro Tempore Vazquez. Mayor Abdo moved to amend the motIon to ask staff to contact the Restaurant AssocIatIOn, the Bayside DIStnct Merchants ASSOCIatIOn, and the Chamber of Commerce to ensure that they are part of the educatIonal program The motIon was accepted as frIendly CouncIlmember Rosenstein moved to amend the motion to dIrect staff to return WIth an amendment to the ordinance addressing the exemption to bars to have the exemption apply only to those bars established prior to thIS evening. The motion was accepted as fnendly The motIon was unannnously approved. I 8-B: AMENDMENT/ANIMAL CONTROL LAWS' Presented was an ordmance for second readmg and adoption amendIng the City's animal control laws pernuttIng leashed dogs in a park, speCIfyIng the length of leashes for dogs, Increasmg the fme for faIlure to abate a nuisance by a dog and pemllttmg the deSIgnatIOn of off-leash areas m publIc parks for dogs. CouncIlmember Genser moved to adopt Ordinance No 171O(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S ANIMAL CONTROL LAWS PERMITTING LEASHED DOGS IN A PARK, SPECIFYING THE LENGTH OF LEASHES FOR DOGS, INCREASING THE FINE FOR FAILURE TO ABATE A NUISANCE BY A DOG AND PERMITTING THE DESIGNATION OF OFF-LEASH AREAS IN PUBLIC PARKS FOR DOGS," readmg by tItle only and waIvmg further readmg thereof. Second by Mayor Abdo CouncIl asked questIOns of staff. DISCUSSIon was held The motIon was approved by the follOWIng vote. Council vote AffIrmative CouncIlmembers Genser, Greenberg, Rosenstein, Vazquez, Mayor Abdo NegatIve CouncIlmembers Holbrook, Olsen I CouncIlmember Holbrook requested that the record reflect that he voted "no" on tlus item because he dIsagrees WIth Council that PalIsades Park should be included in this experI1llent and he belIeves that It IS unwise to Include an off-leash dog run alongSIde homes of people who own dogs themselves 8-C: STREET PERFORMANCE REGULATIONS/THIRD STREET PROMENADE: Presented was an ordinance for mtroduction and first readmg amending Santa Monica Mumclpal Code Sections 6.36 080 and 6.36 110 related to Street Performance RegulatIOns for the Tlurd Street Promenade and recommendatIOn to adopt a ResolutIon establIshIng parameters of deSIgnated areas for performing on the Third Street Promenade. Council asked questIOns of staff At 8.15 PM, Mayor Abdo declared the pubhc heanng open Members of the pubhc Kathryn Mora, Charles Marsh, RIchard Solomon, and Jesse Law spoke In oppositlon to the ordmance. Member of the pubhc Joy Fullmer expressed her concerns Members of the public Hanna Hartnell, Ron Cano, Tony Palenno, and Bill Imhoff spoke In support of the ordInance Mayor Abdo closed the publIc heanng at 9:00 PM CouncIl asked questIons of staff Councilmember Genser moved to introduce for fIrst readIng an ordmance amendmg the Santa Moruca Municipal Code Sections 6 36080 and 6 36 110, as outlined in the staff report, and November 9, 1993 I 4 I I I 241 adopt a resolutIon establIshmg parameters of desIgnated areas for performmg on the ThIrd Street Promenade, and mcrease the revenue budget by $3,600 DiscuSSIOn was held The motIOn was approved by the following vote. CouncIl vote Unammouslyapproved' Councdmembers Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez, Mayor Abdo, By virtue of the above actIon, an ordInance entItled' "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6.36 080 AND 6.36 110, CHAPTER 2A OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE RELATED TO STREET PERFORMANCE REGULATIONS FOR THE THIRD STREET PROMENADE, II was mtroduced for frrst readmg by title only, waIving further readmg thereof, and Resolution No 8680(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABUSHING PARAMETERS OF DESIGNATED AREAS FOR PERFORMING ON THE THIRD STREET PROMENADE," was adopted 3-D AMENDMENT OF SOUD WASTE ORDINANCE Presented was an ordmance for mtroductlOn and fIrst reading amendmg the CIty'S solid waste ordmance allowmg voluntary partICIpatIOn m a fee- for-use program to collect and dIspose of small busmess hazardous waste and recommendatIOn to adopt a resolutIOn establIshmg fees for the program At 920 P,M , Mayor Abdo declared the pubhc hearmg open Member of the publIc Joy Fullmer expressed her concerns Mayor Abdo closed the publIc hearing at 9 25 P.M Councilmember Holbrook moved to adopt for fIrst reading the proposed amendments to the City's solId waste ordmance to allow voluntary partIcipatIOn in a fee-for-use program to collect hazardous waste from elIgible Santa Mornca busmesses at the City's Household Hazardous Waste CollectIOn Faclhty and adopt the resolutIOn which estabhshes fees for the program Second by Mayor Pro Tempore Vazquez, The motIon was approved by the followmg vote CounCIl vote: Unanimously approved CouncIlmembers Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez, Mayor Abdo By virtue of the above action, an ordmance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S SOLID WASTE ORDINANCE TO ALLOW VOLUNTARY PARTICIPATION IN A FEE FOR USE PROGRAM TO COLLECT AND DISPOSE OF SMALL BUSINESS HAZARDOUS WASTE, II was mtroduced for fIrst readmg by tItle only, waIvmg further readmg thereof, and, ResolutIon No 8681(CCS) entItled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EST ABUSHING FEES FOR THE COLLECTION AND MANAGEMENT OF HAZARDOUS WASTE GENERATED BY QUALIFIED BUSINESSES," was adopted 9-A LAND USE AND TRANSPORTATION MANAGEMENT DEPARTMENT Presented was the recommendation to reVIew and concur WIth the pnontIes for the Land Use and Transportation Management Department for Fiscal Year 93-94 CouncIl asked questions of November 9, 1993 5 242 staff Members of the publIc Joy Fullmer and Bnan Ouzounian expressed theIr concerns Councilmember Genser moved to approve the FY 93/94 priontIes for the Land Use and Transportation Management WIth the amendment that the last item on Page 8 (DEVELOP PROVISION TO PROHIBIT COMMON UNDERGROUND PARKING FOR COMMERCIAL DEVELOPMENT ON ADJACENT PARCELS) be moved to a fITst pnonty project for FY 93/94 and move the BUSINESS PARK INTERIM ZONING to pendmg projects Second by CouncIlmember Olsen. CouncIlmember Genser moved to amend the motIon to move the sole item on Page 4 (PERMIT UFESP AN AMENDMENTS) to a first pnority project for FY 93/94 and move CARW ASH STANDARDS to pending projects The motIon was accepted as fnendly Councllmember Rosenstem moved to amend the motion that the following pendmg projects be moved to first pnonty projects for FY 93/94 Page 7 (DEVELOP POLICIES AND STANDARDS TO ENCOURAGE HOUSING IN COMMERCIAL DISTRICTS) and Page 8 (DEVELOP COMPATIBILITY STANDARDS FOR RESIDENTIAL USES IN COMMERCIAL DISTRICTS and MODIFY THE NEIGHBORHOOD OVERLA Y DISTRICT TO INCORPORATE PEDESTRIAN-ORIENTED DESIGN) DISCUSSion was held Councilmember Rosenstein Withdrew hIS motion. CouncIlmember Rosenstein moved to amend the motion that the Sunset Park Neighborhood Traffic Plan be temporanly removed from the pnonty list and that work be suspended on It until a publIc heanng can be held before Council in order to determme the directIOn of that particular project Second by Council member Holbrook. Discussion was held. The amendment faIled by the followmg vote: I CouncIl vote Affirmative Councilmembers Rosenstem, Holbrook Negal1ve Councllmembers Vazquez, Olsen, Greenberg, Genser, Mayor I Abdo CouncIlmember Greenberg moved to amend the motion to direct staff to proVide an mformation Item WIthin one week as to the costs associated With suspendmg work on the EIR and what It would cost to stop and start agam. The motIon was accepted as friendly. DISCUSSIOn was held The monon was approved by the followmg vote Council vote Unammouslyapproved CouncIlmembers Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez, Mayor Abdo CouncIlmember Genser moved to hear the "15" items at thIS tIme The motIon was duly seconded and unanrmously approved 15' PUBLIC INPUT' Member of the publIc Art CasIllas reported on drug problems III PICa NeIghborhood Member of the publIc Paul Breit discussed the proposal put forth by the Fust MethodIst Church WIth regard to senior CItIZen housmg Member of the publIc Joy Fullmer dIscussed the pnce bemg charged by the City for photocopies and addressed the polICIes of appomting members to vanous CIty commissions. November 9, 1993 6 I I I I 243 9-B CLOSED SESSION Held at end of meeting 13-A EDWARD CHAIDES/OUTSTANDING DEBT/COMMUNITY CORPORATION The request of Edward Chaldes to address CounCIl regarding an outstandmg debt mvolvmg the Commumty Corporation of Santa Momca and Bums-PacIfIc Construction Company was wIthdrawn at the request of Mr Chaides of PacIfIc Frammg Systems 14-A ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS- The annual appointments of members to Boards and CommIssions was contmued to the meeting of November 23, 1993. 14-B: COUNCIL PROCEDURES The request of Councilmember Rosenstem to dISCUSS consIderatIon of Councll procedures was continued to the meetmg of November 23, 1993 14-C STREET SWEEPING HOURS' The request of Councilmember Olsen to dISCUSS directmg staff to prepare a report on the feaSIbIlIty of changing street sweepmg hours to after 900 AM, m resldentlal areas was contmued to the meetmg of November 23, 1993. Mayor Pro Tempore Vazquez moved to extend the meetmg to 11 15 P.M. Second by Councllmember Genser. The motlon was unannnously approved. 9-B' CLOSED SESSION CIty Clerk Dykhouse was excused from the meetmg at 10 28 P M. CIty Manager JalIh was appomted Actmg CIty Clerk At 10 28 P.M., Councll adjourned to Closed SeSSIOn for the purpose of consldenng personnel matters At 11.14 PM. l CounCIl reconvened with all members present. ADJOURNMENT. At 11.15 P.M , the meetmg was adjourned to November 23, 1993 __:~TTES /~4iLn .~ C ance E. DykhOY CIty Clerk APPROVED t1~L 12~ Jud1 Abdo Mayor U~p J~ ~;l~l Actmg CIty Clerk November 9, 1993 7